The Local Government (Early Termination of Employment) (Discretionary Compensation)(England and Wales) Regulations 2000

Persons eligible for discretionary awards

7.—(1) A person is an eligible person for this Part if he satisfies the requirements in paragraph (2).

(2) The requirements are that, on the termination date—

(a) he is not entitled to have his case considered for long-term compensation or retirement compensation under section 259 (compensation for loss of office) of the Local Government Act 1972(1) or under any statutory provision to similar effect;

(b) that his total membership is not to be increased under regulation 52 of the Pension Regulations (power of employing authority to increase total membership of members leaving employment at or after 50) because of the terminated employment;

(c) that he is not to receive compensation for the terminated employment under regulation 6 of these Regulations;

(d) he is at least 50, but under 65 or, if he is a coroner, under 70;

(e) the total of—

(i) his total membership(2),

(ii) any periods of superannuable membership(3), and

(iii) any increase in membership under regulation 13 of the Transitional Regulations,

is 5 years or more; and

(f) his total membership is not more than 40 years; or

(g) if he is an assumed member, any periods which would count as periods of special service—

(i) amount in total to at least 5 years; and

(ii) do not in total exceed 40 years.

(1)

1972 c. 70.

(2)

See regulation 9(2) of the Pension Regulations.

(3)

See regulation 10 of the Pension Regulations; amended by S.I. 1998/1238.