The Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) (Miscellaneous) Regulations 2002
© Crown Copyright 2002
The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred upon him by section 24 of the Superannuation Act 1972 hereby makes the following Regulations, which relate only to persons in relation to whom regulations may be made under section 7 of that Act:
Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) (Miscellaneous) Regulations 2002 and shall come into force on 17th April 2002, but regulations 2 to 10 shall have effect from 21st June 2000.
(2) In regulation 11, expressions which are also used in the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 ("the principal Regulations") have the same meaning as they have in those Regulations.
Amendment of Regulations
2. The principal Regulations shall be amended in accordance with regulations 3 to 10 of these Regulations.
Discretionary compensation for redundancy: general
3. In regulation 6 -
(b) in paragraph (4), for "but with the substitution for references to the calculation date of references to the termination date" substitute -
(b) without the limit on a week's pay imposed by section 227 of that Act"; and
(c) in paragraph (6), after "redundancy payment" insert "under Part XI of the 1996 Act or compensation under Part II of these Regulations".
(ii) does not in total exceed 40 years".
(b) after paragraph (5) add -
(b) after paragraph (4), add -
(6) For the purposes of this regulation -
(7) Where a person has been awarded a credited period before 21st June 2000 this Part shall not apply and the provisions set out in regulations 17 and 18 of the 1996 Regulations as in force at 20th June 2000 shall apply.".
Awards to surviving spouses
(b) if at the time of his death the deceased was in a new employment in which he was not a Scheme member, under regulation 17.
(5) Where at the time of his death the deceased was in a new employment in which he was a Scheme member, the employing authority must decide the extent to which any reduction made by them under regulation 19 to the annual compensation is to be taken into account.
Schedules 4 and 5
(b) has, in calculating the amount of that compensation, applied a maximum on the amount of a week's pay as provided for in section 227 of the Employment Rights Act 1996;
(c) wishes to recalculate and increase the amount of that compensation taking into account the maximum compensation payable under regulation 6 of the principal Regulations as amended by regulation 3 of these Regulations.
(2) The recalculation referred to in paragraph (1)(c) must be made not later than 6 months after the date upon which these Regulations come into force.
(ii) where that person has died, to his personal representatives; and
(b) notify the recipient in writing of the additional compensation payable, giving details of the calculation of its amount.
(This note is not part of the Regulations)
Regulations 3 to 10 of these Regulations make various amendments to the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 ("the principal Regulations") which are made under section 24 of the Superannuation Act 1972. The principal Regulations replaced Parts II to IV of the Local Government (Discretionary Payments) Regulations 1996 ("the revoked Regulations").
Regulation 3 amends regulation 6 (discretionary compensation for redundancy: general). The first amendment provides that the period by reference to which the lump sum is calculated ends with the person's 65th birthday. The second amendment modifies the application of the interpretation provisions of Chapter II of Part XIV of the Employment Rights Act 1996 by removing the cap on a week's pay. This is to make the regulation accord with a provision that existed in the revoked Regulations. Regulation 3 also makes a clarifying amendment.
Regulations 4 to 10 make further amendments to clarify the principal Regulations and to ensure that they make the same provision as in the corresponding provision of the revoked Regulations. The regulations amend the following regulations in the principal Regulations -
Regulations 3 to 10 take effect from 21st June 2000, the date when the principal Regulations came into force. Section 24 of the Superannuation Act 1972 provides that regulations made under that section may have retrospective effect. Regulation 12 of these Regulations provides that nothing in these Regulations shall place any individual in a worse position than he would have been if these Regulations had not had retrospective effect.
 1972 c.11. Section 24 was amended by the Police Pensions Act 1976 (c.35), Schedule 2, paragraph 10.back
 See section 24(2).back
 S.I. 2000/1410.back
 The Act is the Employment Rights Act 1996 (c.18).back
 1996 c.18.back
 S.I. 1996/1680, to which there are amendments not relevant to these Regulations.back
 S.I. 1998/366.back
|© Crown copyright 2002|