The Justices of the Peace Act 1949 (Compensation) Regulations 1978

Amount of long-term compensation payable for loss of emoluments

13.—(1) Long-term compensation for loss of emoluments shall, subject to the provisions of these Regulations, be payable until the normal retiring age or death of a person to whom it is payable, whichever first occurs, and shall not exceed a maximum annual sum calculated in accordance with the provisions of paragraphs (2) to (4).

(2) The said maximum annual sum shall, subject as hereinafter provided, be the aggregate of the following sums, namely—

(a) for each year of the person's reckonable service up to a maximum of 40 such years, one sixtieth of the emoluments which he has lost, and

(b) in the case of a person who has attained the age of 40 at the date of the loss, a sum calculated in accordance with the provisions of paragraph (3) appropriate to his age at that date.

(3) Subject to the said maximum annual sum in no case exceeding two-thirds of the emoluments which the person has lost, the sum referred to in paragraph (2)(b) shall be—

(a) in the case of a person who has attained the age of 40 but has not attained the age of 50 at the date of the loss, the following fraction of the emoluments which he has lost—

(i) where his reckonable service is less than 10 years, one-sixtieth for each year of that service after attaining the age of 40, or

(ii) where his reckonable service amounts to 10 years but is less than 15 years, one-sixtieth for each year of that service after attaining the age of 40 and one additional sixtieth, or

(iii) where his reckonable service amounts to 15 years but is less than 20 years, one-sixtieth for each year of that service after attaining the age of 40 and two additional sixtieths, or

(iv) where his reckonable service amounts to 20 years or more, one-sixtieth for each year of that service after attaining the age of 40 and three additional sixtieths,

but the sum so calculated shall not in any case exceed one-sixth of the said emoluments,

(b) in the case of a person who has attained the age of 50 but has not attained the age of 60 at the date of the loss, one-sixtieth of the said emoluments for each year of his reckonable service after attaining the age of 40, up to a maximum of 15 years, and

(c) in the case of a person who has attained the age of 60 at the date of the loss, one-sixtieth of the said emoluments for each year of his reckonable service after attaining the age of 45,

and for the purpose of applying Regulation 29(5) or 30(3) to long term compensation, a period of years made up of one year for each sixtieth of the said emoluments comprised in the sum referred to in paragraph 2(b) shall be deemed to be an additional period of service credited under Regulation 17(2).

(4) The amount of long-term compensation calculated in accordance with paragraphs (2) and (3), shall be reduced by the amount by which the aggregate of—

(a) the emoluments of any work or employment undertaken by him as a result of the loss of office, and

(b) the long-term compensation which apart from this paragraph and any reduction under Regulation 30(3) and (4) would be payable to him,

exceeds the emoluments of the office which has been lost; and where at any time a person is receiving long term compensation or compensation equivalent thereto under any statutory or other provision and—

(i) the service by reference to which that compensation is calculated is reckonable service for the purpose of these Regulations, and

(ii) the date of the loss of office or diminution of emoluments giving rise to that compensation occurred before the loss or diminution as respects these Regulations,

the amount of long term compensation calculated in accordance with paragraphs (2) and (3) shall be reduced, or further reduced, as the case may be, by the amount of that compensation.

(5) Long-term compensation shall be payable to a person at intervals equivalent to those at which the emoluments of his office were previously paid or at such other intervals as may be agreed between the person and the paying authority.