The Transport Holding Company (Compensation to Employees) Regulations 1972

Entitlement to retirement compensation and other payments

19.—(1) The compensating authority shall, subject to the provisions of these regulations, pay retirement compensation to any person to whom this Part of these regulations applies, and shall make the other payments for which provision is made in regulations 27 to 29.

(2) This Part of these regulations applies to a pensionable officer who, before, on, or not later than 10 years after the date of the relevant event, has suffered loss or diminution of pension rights which is properly attributable to the happening of the relevant event and who—

(a) is a person to whom these regulations apply;

(b) has not at the date on which the loss or diminution was suffered reached normal retiring age;

(c) has been continuously engaged (without a break of more than 12 months at any one time) on a full-time basis in relevant employment during the period beginning 8 years immediately before the material date and ending on the date of the loss or diminution; and for this purpose the expression “relevant employment” includes any period of national service immediately following such employment.

(3) (a) Any claim for retirement compensation or other compensation under this Part of these regulations shall be made in accordance with the provisions of Part VII of these regulations not later than—

(i) 2 years after the date on which the loss or diminution of pension rights which is the cause of the claim was suffered, or

(ii) 2 years after the coming into operation of these regulations, or

(iii) in a case where the claimant could not reasonably have known of the existence of the cause of his claim for compensation at the time when it in fact occurred, 2 years after the first date on which he could reasonably have known of its existence,

whichever is the latest, and

(b) no such compensation as aforesaid shall be payable to or in respect of any claimant before he has reached normal retiring age unless either he had elected to take retirement compensation earlier in accordance with the following provisions of this Part of these regulations or the compensation is compensation payable under regulation 27 or 28.

(4) Retirement compensation and any other such payments as are mentioned in paragraph (1) shall not, however, be paid or made—

(a) to or in respect of a person who has suffered loss or diminution of pension rights which has been occasioned by loss of employment in consequence of the relevant event, if his employment could have been terminated by reason of misconduct or incapacity to perform such duties as, immediately before that loss of employment, he was performing or might reasonably have been required to perform; or

(b) to or in respect of a person who has been offered reasonably comparable employment under the Crown or in the service of a national transport authority, the London Transport Executive or a subsidiary of any of those bodies and who would not have suffered a loss or diminution of pension rights had he accepted that employment; or

(c) to or in respect of a person who has suffered a diminution of pension rights which has been occasioned by a diminution in his pensionable emoluments of less than 2½ per cent.

(5) If the claim results from loss of employment, paragraphs (2) and (3) of regulation 7 (which relate to offers of employment) shall apply for the purposes of this regulation as they apply for the purposes of regulation 7.

(6) References in this Part of these regulations to the date of loss or diminution of pension rights or to the date on which a loss or diminution of pension rights was suffered shall, subject to regulation 5, be interpreted as references to the date on which the loss of employment or emoluments took place or the diminution of emoluments began or the change in the terms of service occurred which occasioned the loss or diminution of pension rights.