The Local Government Superannuation (Miscellaneous Provisions) Regulations 1987

Modification of earlier provisions as to gratuities

23.—(1) Section 18 of the Act of 1953 shall be deemed to have had effect during the period beginning on 1st July 1973 and ending with 28th February 1986, and the regulation which on 1st March 1986 took effect as regulation K1 of the principal Regulations shall be deemed to have had effect, notwithstanding the provisos numbered (ii), as if they had—

(a) in the circumstances described in paragraph (2) below, authorised, and

(b) in the circumstances described in paragraph (3) below, required

a gratuity to be granted in accordance with paragraphs (4) to (6).

(2) The circumstances mentioned in paragraph (1)(a) are that the employee was entitled to a payment out of the superannuation fund, other than a return of contributions, in the calculation of which less than the whole of his service was, at whatever length, taken into account.

(3) The circumstances mentioned in paragraph (1)(b) are that the employee—

(a) became a contributory employee on 1st July 1973 by virtue of regulations 5(1) and 10 to 13 of the Miscellaneous Provisions Regulations, and

(b) was one of a class or description of employees in relation to whom, immediately before that date, it was the prevailing practice of the employing body to exercise beneficially their power under section 18 of the Act of 1953.

(4) A gratuity granted where paragraph (1)(a) applies is not to exceed

where—

A is the annual rate of the employee’s remuneration at the date on which he ceased to be employed, ascertained as if paragraph 4 of Part V of Schedule 16 to the principal Regulations had applied, and

B is the length in years and days of the service which was not taken into account in calculating the payment mentioned in paragraph (2).

(5) The gratuity to be granted where paragraph (1)(b) applies is

where—

C is the length in years and days of any of the employee’s service before 1st July 1973 that was reckonable neither as contributing service nor as non-contributing service,

D is the length in years and days of all his service, and

E is the amount of the gratuity that would have been granted in accordance with the prevailing practice mentioned in paragraph (3)(b) if he had continued in that employment with the body until the date of the relevant cessation of employment and his age and the length of his service had then been such that that practice would have applied.

(6) Where the employee has died in employment with the body concerned, any gratuity granted by virtue of this regulation is payable to his widow or any other dependant of his.

(7) In this regulation“service”—

(a) in relation to any time before 1st April 1974, has the meaning given in section 40(1) of the Act of 1937,

(b) in relation to any time after 31st March 1974 and before 1st March 1986, has the meaning given in regulation A3(1) of the 1974 Regulations, and

(c) in relation to any time after 28th February 1986, means time spent in employment with a scheduled body.