Modifications etc. (not altering text)
C1Pt. I(ss. 1–44) extended by Airports Act 1986 (c. 31, SIF 9), s. 58, Sch. 2 para. 1(1) and by Water Act 1989 (c.15, SIF 81:1), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 1(2)(xxi), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
(1)If a person in the employment of a local authority—
(a)receives from the authority remuneration in respect of a future period on the assumption that he will be employed in that employment throughout that period; and
(b)dies before the expiration of that period,
the authority may, subject to the following subsection, forgo the repayment of so much of the remuneration as relates to the period after his death.
(2)An authority shall not be entitled to forgo such a repayment in respect of a period after the relevant death if—
(a)a pension is payable for that period in respect of the deceased out of money provided by Parliament or out of a fund which is maintained by the authority or into which contributions have been paid by the authority in respect of service of the deceased; and
(b)the rate of the pension is not less than the rate of relevant remuneration which was received by the deceased for his last year of service in the employment in question or, if relevant remuneration at different rates was received by him for that year, is not less than the highest of those rates;
and in paragraph (b) of this subsection “relevant remuneration”, in relation to a deceased person and a year, means remuneration which would have fallen to be taken into account in respect of that year in calculating a retirement pension payable to him in respect of the employment in question on his attaining pensionable age and being granted such a retirement pension.
[F1(3)For the purposes of this section a member of a police force which is maintained by a police authority (other than the Secretary of State) shall be treated as employed by the authority [F2, and a member of the National Crime Squad within section 55(1)(a) or (b) of the Police Act 1997 shall be treated as employed by the Service Authority for the National Crime Squad,] and references to employment shall be construed accordingly.]
Textual Amendments
F1S. 30 substituted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 17; S.I. 1994/2025, art. 6(2)(g)(subject to art. 6(3)-(6)); S.I. 1994/3262, art. 4, Sch.
F2Words in s. 30(3) inserted (1.4.1998) by 1997 c. 50, s. 88, Sch. 6 para. 12; S.I. 1998/354, art. 2(2)(az)
Modifications etc. (not altering text)
C2S. 30 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 13(g)
C3Power to apply s. 30 conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (c)(ii); S.I. 1997/1930, art. 2(2)(m)
C4S. 30 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(6) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
C5S. 30 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 20(f) (with ss. 54(5)(7), 55(5), Sch. 17 paras 22(1), 23(2))