PART VIIIMISCELLANEOUS
Calculation of service37
For the purpose of making any calculation under these regulations in respect of a person's reckonable service, all periods of such service shall be aggregated and, except where reference is made to completed years of service, if the aggregated service includes a fraction of a year, that fraction shall, if it equals or exceeds 6 months, be treated as a year, and shall, in any other case be disregarded.
Emoluments38
1
For the purposes of determining whether any and what compensation is payable under these regulations, emoluments in relation to any person shall not include payments for overtime, other than payments which are a usual incident of his employment, or any allowances payable to him to cover the cost of providing office accommodation or clerical or other assistance, or any travelling or subsistence allowance or other moneys to be spent, or to cover expenses incurred by him, for the purposes of his employment, or any fees paid otherwise than in respect of services rendered as an officer or any emoluments paid to him solely by reason of his being a director of a company.
2
Where fees or other variable payments were paid to a person as part of his emoluments during any period immediately preceding the loss or diminution the amount in respect of fees or other variable payments to be included in the annual rate of emoluments shall be the annual average of the fees or other payments paid to him during the period of 3 years immediately preceding the loss or diminution, or such shorter period as may be reasonable in the circumstances.
3
When calculating the net annual emoluments of any employment any amount by which the said emoluments exceed £8,000 shall be disregarded.
Temporary variation of emoluments39
In assessing for the purposes of these regulations the amount of any emoluments or pension rights lost, or the amount by which any emoluments or pension rights have been diminished, and in determining net annual emoluments of any person who has suffered such a loss or diminution, no account shall be taken of any increase in the amount of the person's emoluments which is attributable to any temporary allowance made in consequence of his temporary occupation of an office to which he has not been substantively appointed or in respect of temporary responsibilities additional to those normally attaching to his office.
Accrual of compensation40
Resettlement and long-term compensation, and retirement compensation payable as an annual sum, shall accrue from day to day and be apportionable accordingly.
Compensation not assignable41
Subject to any statutory provision in that behalf, any compensation to which a person becomes entitled under these regulations shall be paid to or in trust for him, and shall not be assignable.
Effect of non-compliance with regulations42
Except in so far as the Minister may otherwise direct, compensation under these regulations shall not be payable to a person for so long as he fails to comply with regulations 8, 30 or 33.
Recovery of payments in error43
Without prejudice to any other right of recovery there may be, any sum or any part of a sum paid under these regulations to a person in error, including any sum or part of a sum paid notwithstanding that by virtue of regulation 42 it is not payable, may be recovered by the Corporation by deduction from any compensation payable to that person under these regulations.