PART IIILONG TERM COMPENSATION FOR LOSS OF EMPLOYMENT OR LOSS OR DIMINUTION OF EMOLUMENTS OR PENSION RIGHTS
9. The Agency shall, subject to the provisions of these Regulations, award and pay long term compensation to every eligible officer or servant of a company who claims such compensation and in relation to whom the following conditions are satisfied, that is to say:—
(a)he was on the 31st day of December, 1951, engaged in whole time employment as an officer or servant of a company which on the appointed day became a subsidiary of the Agency;
(b)at the date on which occurred the disturbance leading to the claim he had been continuously engaged (exclusive, however, of any breaks due to sickness or personal injury not exceeding in the aggregate eighteen months) for at least eight years in whole time employment in one or more of the following:—
(i)the service of the employing company,
(ii)the service of any predecessor in title to the undertaking of that company,
(iii)war service following immediately upon employment under (i) or (ii);
(c)he has, in consequence of the relevant event, suffered loss of employment or loss or diminution of emoluments or pension rights;
(d)the loss or diminution aforesaid, being the loss or diminution for which long term compensation is claimed, has occurred not later than ten years after the coming into operation of these Regulations and not later than two years after the disturbance leading to the claim; and
(e)he has made his claim for long term compensation, in accordance with the provision for making claims set out in Part IV of these Regulations, not later than two years after the date of the occurrence of the loss or diminution referred to in subparagraph ( d) of this Regulation, or where he could not reasonably have known of the occurrence of the loss or diminution aforesaid at the date when in fact it did occur, not later than two years after the first date upon which he could reasonably have known of its occurrence.
10.—(1) Without prejudice to any other requirement in these Regulations, nothing in these Regulations shall entitle a person to an award of long term compensation, unless—
(a)he is an eligible officer or servant of a company;
(b)the conditions set out in Regulation 9 are satisfied in relation to him; and
(c)if the disturbance leading to the claim for such compensation is the termination of his employment as officer or servant of the employing company—
(i)his said employment has been terminated for some reason other than reaching normal pensionable age, misconduct or incapacity to perform such duties as immediately before the termination he was performing or might reasonably have been required to perform, and
(ii)he has not been offered by the Agency, by the employing company or by any subsidiary of the Agency comparable employment.
(2) Long term compensation shall not be payable in respect of the loss or diminution of any increase in emoluments or pension rights, being an increase given in connection with any provision made by the 1949 Act or the Act or in anticipation of the making of any such provision, otherwise than in the ordinary course of business.
11.—(1) Long term compensation and resettlement compensation, if claimable by the same person, shall be the subject of separate claims.
(2) Claims for long term compensation for loss of employment shall in all respects be treated as claims for such compensation for the loss of emoluments occasioned thereby and the provisions of these Regulations shall apply to all such claims accordingly.
(3) Long term compensation for loss or diminution of emoluments and long term compensation for loss or diminution of pension rights, if claimable by the same person, shall be the subject of separate claims by the claimant, but where the loss or diminution of both emoluments and pension rights occur at the same time, the claims shall be made together.
12. For the purpose of determining whether long term compensation for loss or diminution of emoluments should be awarded to a claimant, and, if so, the amount of the compensation, regard shall be had to such of the following factors as may be relevant, that is to say:—
(a)the conditions upon which the claimant held his employment as officer or servant of the employing company, including in particular its security of tenure, whether by law or by practice;
(b)the conditions, including security of tenure, whether by law or by practice, of any other employment which he may have obtained;
(c)the extent to which he has sought suitable employment and the emoluments which he has, or might have, acquired by accepting other suitable employment, including retraining, offered to him;
(d)the amount of any compensation recovered by him under or by virtue of the provisions of any enactment relating to the reinstatement in civil employment of persons who have been in the service of the Crown;
(e)the amount of any compensation payable to him in connection with or in consequence of his employment as an officer or servant of the employing company, whether by reason of any service agreement or contract or otherwise howsoever;
(f)the amount of any other compensation payable to him under these Regulations or any other Regulations made by the Minister under Section 24 of the Act; and
(g)all the other circumstances of his case.
13. Award and payment of long term compensation for loss of emoluments shall be made in accordance with the following provisions:—
(a)the compensation shall consist of an annual sum which shall be payable at intervals equivalent to those at which the emoluments of the claimant's employment were previously paid, and shall, subject to Regulation 20, continue to be payable until normal pensionable age; and
(b)the said annual sum shall not exceed the aggregate of the following:—
(i)for every completed year of reckonable service, one sixtieth of the claimant's current net emoluments, and
(ii)in the case of a claimant aged over 45, one sixtieth of his current net emoluments for every completed year of reckonable service since he attained the age of 45:
14. Award and payment of long term compensation for diminution of emoluments shall be made in accordance with the following provisions:—
(a)the compensation shall consist of an annual sum which shall be payable at intervals equivalent to those at which the emoluments of the claimant's employment are or were previously paid, and shall, subject to Regulation 20, continue to be payable until normal pensionable age; and
(b)the said annual sum shall not exceed the figure which bears to the maximum annual sum which could have been awarded under Regulation 13, had the claim been for compensation for loss of emoluments, the same ratio as the amount of the diminution (calculated as an annual rate) bears to the amount of his current net emoluments, but so however that no compensation shall be payable if this ratio is less than two and half per cent.
15.—(1) Where a claimant for long term compensation for loss or diminution of emoluments satisfies the Agency or tribunal that he would have continued to work as an officer or servant of the empolying company beyond normal pensionable age if the disturbance leading to the claim had not occurred, the Agency or tribunal may, in their discretion, extend beyond that age the period for which such compensation is payable, but in the case of an extension for a period expressed to be that of the claimant's lifetime, the rate of compensation payable after normal pensionable age shall not exceed one half of that payable before normal pensionable age.
(2) Where a claimant suffers loss or diminution of emoluments after normal pensionable age, the Agency or tribunal may, in their discretion, award him long term compensation for such loss or diminution at the rate which would have been awarded to him had the loss or diminution occurred immediately before normal pensionable age, but upon the basis of his current net emoluments and length of reckonable service at the time when the disturbance leading to the claim occurred, save that, in the case of an award for a period expressed to be that of the claimant's lifetime, the rate of compensation shall not exceed one half of that which would have been so awarded as aforesaid.
16. Award and payment of long term compensation for loss or diminution of pension rights shall be made in accordance with the following provisions:—
(a)the compensation shall consist of a payment or payments additional to those (if any) payable to or in respect of the claimant by virtue of the pension scheme;
(b)the total amount of such payment or payments shall not exceed the difference between—
(i)the total amount of the payments made or due to be made by virtue of the pension scheme to or in respect of the claimant, and
(ii)the total amount of the payments which would have been made or due to be made by virtue of that scheme to or in respect of him if (subject to subparagraphs (c) and (d) of this Regulation) he had had one additional completed year of reckonable service, without increase in emoluments, for each completed year of reckonable service above the age of 40;
(c)the number of additional years for the purposes of subparagraph ( b) (ii) of this Regulation shall not exceed the number of years to be served by the claimant before reaching normal pensionable age (or, where the Agency or the tribunal are satisfied that the claimant would have continued to work as an officer or servant of the employing company beyond that age, the age to which they are satisfied that he would have continued to work), or ten, whichever is the less;
(d)in determining the number of additional years for the purposes of subparagraph (b) (ii) of this Regulation, regard shall be had to such of the factors set out in Regulation 12 as may be relevant, and also to any pension arrangements attaching to any employment which the claimant may have obtained;
(e)where the claim is for compensation for diminution of pension rights, any limitation in the pension scheme on the number of years of service ranking for benefit may be disregarded in calculating the difference between the amounts mentioned in subparagraph (b) of this Regulation: and
(f)the total amount of the compensation, when added to the payments (if any) made or due to be made by virtue of the pension scheme to or in respect of the claimant, shall in no circumstances exceed the amount which would have been payable to or in respect of him by virtue of that scheme had he suffered no loss or diminution of pension rights.
17.—(1) The Agency shall determine every award of long term compensation and notify the claimant accordingly not later than thirteen weeks after the receipt of the claim.
(2) Where claims are made by the same person and at the same time for long term compensation for loss or diminution of emoluments and for loss or diminution of pension rights, the Agency shall determine the awards and notify the claimant accordingly at the same time.
18.—(1) Subject to the provisions of this Regulation, long term compensation shall commence to be payable with effect from the date fixed by the Agency or the tribunal, as the case may be.
(2) An award of such compensation may be made retrospective but, except as provided in paragraph (3) of this Regulation, it shall not (save in exceptional circumstances) be made retrospective to a date more than thirteen weeks earlier than the date upon which the claim is received by the Agency.
(3) Where, within thirteen weeks of the occurrence of a loss or diminution for which a claim for long term compensation can be made, the claimant makes his claim in respect thereof in accordance with Part IV of these Regulations, the award shall be made retrospective to the date upon which such loss or diminution occurred or the claimant's resettlement period (if any) ended, whichever is later.
(4) Notwithstanding any other provisions of these Regulations, long term compensation for loss or diminution of emoluments shall not be payable to a claimant during or in respect of his resettlement period, except in so far as such compensation is compensation for loss or diminution of emoluments occurring before the termination of the claimant's employment as an officer or servant of the employing company.
19.—(1) Every award of long term compensation may be reviewed by the Agency at the instance either of the claimant or of the Agency, and may in consequence of such review be increased or decreased.
(2) Subject as hereinafter provided, review under this Regulation shall not take place at intervals of less than six months or, save in exceptional circumstances, later than two years from the making of the award.
(3) Notwithstanding the provisions of paragraph (2) of this Regulation, any such award as aforesaid shall be subject to review at any time if the claimant is in the service of the Agency or any subsidiary of the Agency.
(4) Where a request for a review is made by the claimant, the Agency shall carry out such review and notify the claimant accordingly not later than thirteen weeks after the receipt of the request.
20.—(1) In a case where at any time the present actuarial value of the payments under an award of long term compensation does not exceed £250, the Agency may, at their sole option, compound their liability under the award by paying to the person in receipt of or entitled to receive those payments a lump sum equivalent to such actuarial value.
(2) In any other case the Agency may, if the person in receipt of or entitled to receive the long term compensation requests them so to do and they, in their discretion, after having regard to the state of health of that person and the other circumstances of the case, deem fit, compound—
(a)up to one quarter of their liability to make payments under an award of long term compensation for loss or diminution of emoluments; and
(b)up to one quarter, or such larger fraction as the pension scheme permits for composition of pension rights under it, of their liability to make payments under an award of long term compensation for loss or diminution of pension rights.
(3) The making of a composition under paragraph (2) of this Regulation in relation to an award of long term compensation shall not prevent the subsequent making of a composition under paragraph (1) of this Regulation in relation to that award, but, subject as aforesaid, not more than one composition may be made in relation to any award.