
PART I
1 

(1) These regulations may be cited as the 
British Transport (Compensation to Employees) Regulations 1970.

(2) These regulations shall come into operation
14 days after a draft thereof has been approved by a resolution of each House
of Parliament and shall have effect from the 18th November 1968.
2 

(1) In these regulations, unless the context
otherwise requires, the following expressions have the meanings hereby respectively
assigned to them, that is to say:—
 “accrued pension”,
in relation to a pensionable officer who has suffered loss or diminution of
pension rights, means— 
(a) if his last relevant pension scheme provided benefits in which
he had a right to participate, the pension to which he would have become entitled
in respect of his pensionable service according to the method of calculation,
modified where necessary for the purpose of giving effect to these regulations,
prescribed by that scheme if, at the date on which he suffered the said loss
or diminution, he had attained normal retiring age and complied with any requirement
of that scheme as to a minimum period of qualifying service or contribution
and completed any additional contributory payments or payments in respect
of added years which he was in the course of making; and
(b) in any other case, such portion
of the pension (if any) of which he had reasonable expectations as the compensating
authority consider equitable, having regard to his age, the length of his
employment at the date of loss or diminution and all the other circumstances
of the case;
 “accrued retiring allowance”
, in relation to a pensionable officer who has suffered loss
or diminution of pension rights, means— 
(a) if his last relevant pension scheme provided
benefits in which he had a right to participate, any lump sum payment to which
he would have become entitled in respect of his pensionable service according
to the method of calculation, modified where necessary for the purpose of
giving effect to these regulations, prescribed by that scheme if, at the date
on which he suffered the said loss or diminution, he had attained normal retiring
age and complied with any requirement of that scheme as to a minimum period
of qualifying service or contribution and completed any additional contributory
payments or payments in respect of added years which he was in the course
of making; and
(b) in any other case, such portion
of the lump sum payment (if any) of which he had reasonable expectations as
the compensating authority consider equitable, having regard to his age, the
length of his employment at the date of loss or diminution and all the other
circumstances of the case;
 “accrued incapacity pension”
 and “accrued incapacity retiring
allowance” have the same respective
meanings as “accrued pension” and “accrued retiring allowance”
except that the reference to a person's attaining normal retiring age shall
be construed as a reference to his becoming incapable of discharging efficiently
the duties of his employment by reason of permanent ill-health or infirmity
of mind or body;
 “the Act”
means the Transport Act
1968;
 “added years”
means years purchased under the provisions of the last
relevant pension scheme for the purpose of being reckoned as pensionable service
and includes any additional years of service which, having been granted under
any enactment or scheme, have subsequently become and are so reckonable under
or by virtue of rules made under 
section 2 of the Superannuation (Miscellaneous
Provisions) Act 1948, or any other enactment
;
 “additional contributory payments”
 means— 
(a) any additional contributory payments made under a pension scheme
as a condition of reckoning any period of employment as service or as a period
of contribution for the purposes of the scheme, or, where the scheme provides
for the reckoning of non-contributing service, as contributing service for
the purposes of the scheme; or
(b) any payments made for the purpose
of increasing the length at which any period of service or of contribution
would be reckonable for the purpose of calculating a benefit under a pension
scheme; or
(c) any payments similar to any of
those mentioned in the foregoing sub-paragraphs made in pursuance of rules
under section 2 of the 
Superannuation (Miscellaneous Provisions) Act 1948;

 “attributable loss”,
in relation to a person who suffers loss of employment, or loss or diminution
of emoluments or pension rights, or worsening of his position, means any such loss, diminution or worsening as aforesaid which is properly
attributable to the happening of the relevant event;
 “the Boards” has the same meaning as in section
159(1) of the Act, and “a Board” means 
any of the Boards;
 “the Bus Company”
means the National Bus Company established under 
section 24 of the Act;
 “the Commission”
means the British Transport Commission;

 “compensating authority”
 has the meaning assigned to that expression
in regulation 4;

 “compensation question”
 means a question arising in relation
to these regulations— 
(a) as to a person's
entitlement to compensation for loss of employment, or for loss or diminution
of emoluments or pension rights, or worsening of his position, or
(b) as to the manner of a person's
employment or the comparability of his duties;;
 “emoluments”
means any of the following payments or other benefits
made to or enjoyed by an officer in respect of services rendered by him as
such:— 
(a) all salary, wages, fees
and other payments of a similar nature for his own use,
(b) all bonuses, allowances, commission,
gratuities and special duty and over-time pay, which are of a recurring nature,
whether seasonal or otherwise and whether obtaining by law or customary practice,

(c) the money value of all travel
privileges, free accommodation, and other allowances in kind, privileges or
benefits, whether obtaining by law or customary practice, but does not include payments for travelling, subsistence, accommodation,
engagement of assistance or other expenses in the course of employment or
over-time or other payments of a temporary nature; and
 “net emoluments”,
in relation to any employment, means the annual rate
(modified where necessary in accordance with 
regulation 40) of the emoluments of that employment
less such part of those emoluments as the officer was liable to contribute
under a pension scheme, and in relation to any employment which has been lost,
the emoluments of which have been diminished or in which the officer has suffered
loss or diminution of pension rights or a worsening of his position, the expression
means the annual rate of emoluments aforesaid immediately before the loss,
diminution or worsening, as the case may be:  Provided
that where fees or other variable payments were paid to an officer as part
of his emoluments during any period immediately preceding the loss, diminution
or worsening 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 5 years immediately
preceding the loss, diminution or worsening or such other period as the compensating
authority may think reasonable in the circumstances;
 “enactment”
means any Act or instrument made under an Act;

 “Executive”
means a Passenger Transport Executive for the establishment
of which provision has been made by an order under 
section 9(1) of the Act;
 “existing operator”
means an existing operator within the meaning of 
Schedule 6 to the Act;
 “the Freight Corporation”
 means the National Freight Corporation
established under section 1
of the Act;
 “full-time basis”,
in relation to the employment of a person on such a basis, means a basis on which that person is required to devote on the average
not less than 30 hours per week to that employment during which he is not
at liberty to undertake other work in consideration of a fee or remuneration
;
 “the Holding Company”
 means the Transport Holding Company
;
 “long-term compensation”
 means compensation payable in accordance
with the provisions of Part IV
of these regulations for loss of employment or loss or diminution of emoluments
or worsening of a person's position;
 “first material date”
, in relation to any person who suffers attributable loss,
means the appropriate date specified in 
column (2) of Schedule 1 to these regulations
opposite to the relevant event which is specified in column (1) of that Schedule
and to the happening of which that loss is properly attributable;

 “second material date”
, in relation to any person who suffers attributable loss,
means the date on which he suffers that loss or on which
the relevant event happens, whichever date is the earlier;
 “minimum pensionable age”
 means, in relation to a pensionable
officer, the earliest age at which, under his last relevant pension scheme,
he could have become entitled to a pension, other than a pension payable in
consequence of his redundancy or his incapacity to discharge efficiently the
duties of his employment by reason of permanent ill-health or infirmity of
mind or body;
 “the Minister”
means the Minister of Transport, and, in relation to
a transfer such as is mentioned in section 135(1)(a)
 of the Act to or from the Scottish Group or
a subsidiary of theirs, means the Minister and the Secretary of State acting
jointly;
 “nationalised transport body”
 means any of the following:— 
(a) a Board;
(b) the Holding Company;
(c) the Freight Corporation;
(d) the Bus Company;
(e) the Scottish Group;
 “national service”
means service which is relevant service within the meaning
of the Reserve
and Auxiliary Forces (Protection of Civil Interests) Act 1951,
and includes service immediately following such service as aforesaid, being
service in any of Her Majesty's naval, military or air forces pursuant to
a voluntary engagement entered into with the consent of the person or body
under whom an officer held his last relevant employment;
 “normal retiring age”
 means, in the case of a pensionable
officer to whom an age of compulsory retirement applied by virtue of his last
relevant pension scheme or of the conditions of the employment in which he
suffered the attributable loss, that age, and in any other case, the age of
65 years if the officer is a male, or 60 years if the officer is a female
;
 “officer”
in relation to the Commission or a nationalised transport body does not include a member of the Commission or of such a body, but
subject as aforesaid, includes the holder of any employment whether by virtue
of an agreement for the rendering by him of personal services, by appointment,
or otherwise; and the expression “office”
 shall be construed accordingly;

 “pensionable emoluments”
, in relation to a person who has or had pension rights, means those emoluments which are required in accordance with the provisions
of the pension scheme relating to those rights to be taken into account for
the purpose of calculating the pension payable to or in respect of him under
that scheme;
 “pensionable officer”
, in relation to a person who has suffered attributable loss,
means an officer who immediately before such loss had
pension rights under a pension scheme;
 “pension scheme”,
in relation to a pensionable officer, means any form
of arrangement associated with his employment for the payment of pensions,
whether subsisting by virtue of Act of Parliament, trust, contract or otherwise
; and “last relevant pension
scheme”, in relation to a pensionable
officer means a pension scheme under which that officer had or has pension
rights which were the subject of a loss or diminution properly attributable
to the happening of the relevant event;
 “the Railways Board”
 means the British Railways Board;

 “reckonable service”
, in relation to a person, means any
period of employment on a full-time basis in any relevant employment and includes
any period of war service or national service undertaken on his ceasing to
hold any such employment but does not include employment of which account
has been taken, or is required to be taken, in calculating the amount of any
pension to which he has become entitled;
 “relevant employment”
, in relation to a person who suffers attributable loss, means— 
(a) employment under the
Crown, or
(b) employment in the service of
the Commission, a nationalised transport body, an Executive or a subsidiary
of any of the foregoing bodies, or
(c) employment in the service of
a person whose business consists of, or includes, the provision of bus services,
being employment in connection with such provision, or
(d) employment such as is mentioned
in regulation 3(4)(b)
or (c) of the British
Transport Reorganisation (Compensation to Employees) Regulations 1962, or
(e) employment preceding any of the
foregoing employments, being employment which is reckonable for the purposes
of his last relevant pension scheme, but, except as provided in regulations
7(1)(c), 13(1)(c)
and 19(2)(c), does not include
service in the armed forces of the Crown;
 “relevant event”,
in relation to a person who suffers attributable loss, means 
whichever of the events specified in column (1)
of Schedule 1 to these regulations is the event
to the happening of which that loss is properly attributable;

 “resettlement compensation”
 means compensation payable in accordance
with Part III
of these regulations for loss of employment;
 “retirement compensation”
 means compensation payable in accordance
with the provisions of regulation 21, 
22, 23 or 
24;
 “the Scottish Group”
 means the Scottish Transport Group established
under section 24
of the Act;
 “subsidiary”, in relation to the Commission or a nationalised transport body,
has the same meaning as in the 
Transport Act 1962, and in this connection
no account shall be taken of the provisions of 
section 51(5) of the Act;
 “tribunal”
means a tribunal established under 
section 12 of the Industrial Training
Act 1964;
 “war service”
means war service within the meaning of the Local Government Staffs
(War Service) Act 1939, the 
Teachers Superannuation (War Service) Act 1939
(or, in Scotland, the 
Education (Scotland) (War Service Superannuation) Act 1939),
the Police and
Firemen (War Service) Act 1939 or employment
for war purposes within the meaning of the 
Superannuation Schemes (War Service) Act 1940
and includes any period of service in the First World War in the armed forces
of the Crown or in the forces of the Allied or Associated Powers if such service
immediately followed a period of relevant employment and was undertaken either
compulsorily or with the permission of the employer in that employment.

(2) 
(a) Where under any provision of these regulations
an annual value is to be assigned to a capital sum or a capital value to an
annual amount, the annual or capital value shall be ascertained in accordance
with the tables set out in Schedule 2
to these regulations in so far as they provide for the particular case.
(b) For the purpose of determining the application
of the said tables the headings and the note to each table shall be treated
as a part of the table.
(c) Where the said tables do not provide
for a case in which an annual value is to be assigned to a capital sum or
a capital value to an annual amount, the annual or capital value shall be
such as may be agreed between the compensating authority and the person to
whom the capital sum or annual amount is payable.
(3) Unless the context otherwise requires,
references in these regulations to the provisions of any enactment shall be
construed as references to those provisions as amended, re-enacted or modified
by or under any subsequent enactment.
(4) References in these regulations to a
numbered regulation shall, unless the reference is to a regulation of specified
regulations, be construed as references to the regulation bearing that number
in these regulations.
(5) References in any of these regulations
to a numbered paragraph shall, unless the reference is to a paragraph of a
specified regulation, be construed as references to the paragraph bearing
that number in the first mentioned regulation.
(6) The 
Interpretation Act 1889 shall apply for the
interpretation of these regulations as it applies for the interpretation of
an Act of Parliament.
PART II
3 
These regulations shall apply to any person who suffers attributable
loss and who—
(a) was employed immediately before the first
material date on a full-time basis, as an officer of a nationalised transport
body or a subsidiary of such a body or as an officer of an existing operator,
or
(b) would have been so employed at that time
but for any national service on which he was then engaged.
4 

(1) Subject to the provisions of these regulations,
any person to whom these regulations apply shall be entitled to have his case
considered for the payment of compensation under these regulations, and such
compensation shall be determined in accordance with these regulations.
(2) Compensation for attributable loss suffered
by a person to whom these regulations apply shall be payable by the appropriate
authority specified in column (3) of Schedule
1 to these regulations opposite to the relevant
event which is specified in column (1) of that Schedule and to the happening
of which that loss is properly attributable, and the said authority is referred
to in these regulations, in relation to the person suffering that loss, as
“the compensating authority”.
(3) Where the same loss of employment or
loss or diminution of emoluments or pension rights or worsening of position
is properly attributable to the happening of more than one relevant event:—

(a) not more than one claim shall be made
or satisfied under these regulations in respect of that loss, diminution or
worsening, as the case may be, and
(b) for the purpose of ascertaining the first
material date, the second material date and the compensating authority in
relation to the person who suffers that loss, diminution or worsening, regard
shall be had only to the last of those relevant events to happen.
5 

(1) Where any person to whom these regulations
apply would have been employed immediately before the first material date
as an officer of a nationalised transport body or of a subsidiary of such
a body, or as an officer of an existing operator, but for any national service
on which he was then engaged, then if before the expiry of two months after
ceasing to be so engaged, or, if prevented by sickness or other reasonable
cause, as soon as practicable thereafter, he gives notice to the compensating
authority that he is available for employment, that person shall be entitled—

(a) in a case where, in consequence of an
event specified in any of paragraphs
(a) to (d) of section 135(1) of the Act, he
is not given or offered re-employment in his former office or in any reasonably
comparable office (whether in the same or in a different service), to have
his case considered for payment of compensation for loss of employment, and
(if appropriate) for loss or diminution of pension rights, and
(b) in a case where, in consequence of any
such event, he is so re-employed with diminished emoluments, or with loss
or diminution of pension rights or worsening of his position as compared with
the emoluments, pension rights or position which he would have enjoyed had
he continued in his former employment, to have his case considered for payment
of compensation for diminution of emoluments, or for loss or diminution of
pension rights, or for worsening of his position (as the case may warrant).

(2) The loss of employment which is the cause
of a claim for compensation under paragraph (1)(a)
 shall be treated as having occurred on the
earlier of the two following dates, that is to say, the date of the refusal
of re-employment or a date one month after the date on which the person gave
notice that he was available for employment, and the person shall be deemed
to have been entitled to the emoluments which he would have enjoyed at such
earlier date had he continued in his former employment.
PART III
6 
The compensating authority shall, subject to the provisions of
these regulations, pay resettlement compensation to any person to whom these
regulations apply and who satisfies the conditions set out in 
regulation 7.
7 

(1) Without prejudice to any other requirement
of these regulations, the conditions for the payment of resettlement compensation
to any person are that—
(a) he has, before, on, or not later than
10 years after the date of the relevant event, suffered loss of employment
which is properly attributable to the happening of the relevant event;
(b) he has not at the date of the loss attained
normal retiring age;
(c) he has, for a period beginning 3 years
immediately before the second material date and ending on the date of the
loss, been continuously engaged (disregarding breaks not exceeding in the
aggregate 6 months) on a full-time basis in relevant employment; and for this
purpose the expression “relevant employment”
 includes any period of national service
immediately following such employment;
(d) he has made a claim for such compensation
in accordance with the provisions of Part VII
 of these regulations not later than—

(i) the end of the period in respect of which
resettlement compensation can be payable in his case under the provisions
of regulation 9,
or
(ii) 13 weeks after the coming into operation
of these regulations, whichever is the later;
(e) the loss of employment which is the cause
of his claim has occurred for some reason other than misconduct or incapacity
to perform such duties as, immediately before the loss, he was performing
or might reasonably have been required to perform; and
(f) he has not, subject to 
paragraph (3), been offered any reasonably
comparable employment under the Crown or in the service of a nationalised
transport body, an Executive or a subsidiary of either of those bodies.
(2) In ascertaining for the purpose of this
regulation whether a person has been offered employment which is reasonably
comparable with the employment which he has lost, the following facts shall
be disregarded—
(a) the fact that the employment so offered
is employment by a body such as is mentioned in 
paragraph (1)(f) other than the person or body
in whose employment he suffered the attributable loss;
(b) the fact that the duties of the employment
so offered are duties in connection with activities which did not form part
of the activities of that section of the undertaking of the nationalised transport
body, subsidiary thereof or existing operator in which he was employed;
(c) the fact that the duties of the employment
so offered involve a transfer of his employment from one place to another
in Great Britain.
(3) No account shall be taken for the purposes
of this regulation of an offer of employment where the compensating authority
are satisfied—
(a) that acceptance would have involved undue
hardship to the person, or
(b) that he was prevented from accepting
the offer by reason of ill-health or other circumstances beyond his control.

8 

(1) The amount of resettlement compensation
which may be paid to a person shall, for each week for which such compensation
is payable, be a sum ascertained by taking two thirds of the weekly rate of
the net emoluments which that person has lost and deducting therefrom, in
addition to the items mentioned in regulation
32(3) and (4),
such of the following items as may be applicable—
(a) unemployment, sickness or injury benefit
under any Act relating to National Insurance claimable by him in respect of
such week (excluding any amount claimable by him in respect of a dependant);
and
(b) two thirds of the net emoluments received
by him in respect of such week from work or employment undertaken as a result
of the loss of employment.
(2) For the purposes of this regulation the
weekly rate of a person's net emoluments shall be deemed to be seven three
hundred and sixty-fifths of those emoluments.
9 
Subject to the provisions of these regulations, resettlement compensation
shall be payable to a person only in respect of the period of 13 weeks next
succeeding the week in which he lost the employment in connection with which
his claim has been made or, in the case of a person who has then attained
the age of 45 years, the said 13 weeks and one additional week for every year
of his age between the date of his attaining the age of 45 years and the date
of the loss of employment, subject to a maximum addition of 13 such weeks.

10 

(1) Resettlement compensation shall be payable
to a person at intervals equivalent to those at which the emoluments of his
employment were previously paid or at such other intervals as may be agreed
between the person and the compensating authority.
(2) Resettlement compensation shall be terminated
by the compensating authority—
(a) if without reasonable cause the recipient
fails to comply with any of the provisions of 
regulation 11, or
(b) if on being requested to do so, he fails
to satisfy the compensating authority that, so far as he is able, he is seeking
suitable employment.
11 
Every person claiming or in receipt of resettlement compensation
shall (after as well as before the compensation begins to be paid)—

(a) forthwith supply the compensating authority
in writing with particulars of any employment which he obtains or of any change
in his earnings from any such employment, and
(b) if the compensating authority so require,
so long as he is out of employment and is not receiving sickness or injury
benefit, register with the Department of Employment and Productivity.
PART IV
12 
The compensating authority shall, subject to the provisions of
these regulations, pay long-term compensation to any person to whom these
regulations apply and who satisfies the conditions set out in 
regulation 13 and this Part of these regulations
shall apply to that person.
13 

(1) Without prejudice to any other requirement
of these regulations, the conditions for the payment of long-term compensation
to any person are that—
(a) he has, before, on, or not later than
10 years after the date of the relevant event, suffered loss of employment
or loss or diminution of emoluments or worsening of his position, being loss,
diminution or worsening (as the case may be) which is properly attributable
to the happening of the relevant event;
(b) he has not, save as is provided in 
regulation 17, at the date of such loss, diminution
or worsening attained normal retiring age;
(c) he has, for a period beginning 8 years
immediately before the second material date and ending on the date of the
attributable loss, been continuously engaged (without a break of more than
12 months at any one time) on a full-time basis in relevant employment; and
for this purpose the expression “relevant
employment” includes any period
of national service immediately following such employment;
(d) he has made a claim for such compensation
in accordance with the provisions of Part VII
 of these regulations not later than—

(i) 2 years after the date on which the loss,
diminution or worsening which is the cause of his 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
(e) if the cause of the claim for compensation
is loss of employment—
(i) the loss has occurred for some reason
other than misconduct or incapacity to perform such duties as, immediately
before the loss, he was performing or might reasonably have been required
to perform; and
(ii) he has not been offered any reasonably
comparable employment under the Crown or in the service of a nationalised
transport body, an Executive or a subsidiary of either of those bodies.
(2) If the cause of the claim for compensation
is 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.
(3) Claims for long-term compensation for
loss of employment shall in all respects be treated as claims for such compensation
for the loss of emoluments occasioned thereby and the provisions of these
regulations shall apply to all such claims accordingly.
(4) Any person to whom this Part of these
regulations applies and who, by reason of his position as an officer being
worsened, has suffered any loss or injury attributable to the happening of
the relevant event, not being a pecuniary loss in respect of which he is entitled
to any other compensation or payments under 
Part IV or V
of these regulations, shall, subject to the provisions of these regulations,
be entitled to receive in respect of that loss or injury, long-term compensation
for the worsening of his position calculated in the following manner, that
is to say—
(a) the pecuniary value of the loss or injury
shall be expressed in terms of his net emoluments immediately before his position
was worsened,
(b) such person shall be treated for the
purposes of these regulations as a person who has suffered a diminution of
emoluments the amount of which is equal to the pecuniary value so expressed,
and
(c) where that person has been awarded any
other long-term compensation, as well as compensation for the worsening of
his position, the sums payable in respect of that other compensation shall,
for the purposes of adjusting, suspending or withholding any long-term compensation
under regulation 31 or 
32 or both, be aggregated with any sums payable
in respect of the compensation for worsening of his position and the payments
of the sums so aggregated shall be regarded for those purposes as combined
payments under the award of that other long-term compensation and not as separate
payments under each of the awards of long-term compensation.
14 

(1) For the purpose of determining the amount
(subject to the limits set out in these regulations) of long-term compensation
(if any) payable under these regulations to any person for loss or diminution
of emoluments, the compensating authority shall have regard to such of the
following factors as may be relevant, that is to say—
(a) the conditions upon which the person
held the employment which he has lost, or the emoluments of which have been
lost or diminished, including in particular its security of tenure, whether
by law or practice;
(b) the emoluments and other conditions,
including security of tenure, whether by law or practice, of any work or employment
undertaken by the person as a result of the loss of employment;
(c) the extent to which he has sought suitable
employment and the emoluments which he might have acquired by accepting other
suitable employment offered to him;
(d) all the other circumstances of his case:
Provided that if the claimant entered the employment which
he has lost or in which he has suffered the diminution of emoluments, after
the first material date, no account shall be taken of that fact for the purpose
of this regulation.
(2) In ascertaining for the purposes of 
paragraph (1)(c) whether a person has been
offered suitable employment in a case where the cause of the claim for compensation
is loss of employment, regulation 7(3)
shall apply as it applies for the purpose of ascertaining whether employment
is reasonably comparable with employment which has been lost.
15 

(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 every year of the person's reckonable
service, one sixtieth of the net emoluments which he has lost; and
(b) in the case of a person who has attained
the age of 40 years at the date of the loss, a sum calculated in accordance
with the provisions of paragraph (3)
appropriate to his age at that date;but the said maximum annual sum shall in no case exceed two thirds
of the net emoluments which the person has lost.
(3) The sum referred to in 
paragraph (2)(b) shall be—
(a) in the case of a person who has attained
the age of 40 years but has not attained the age of 50 years at the date of
the loss, the following fraction of the net emoluments which he has lost—

(i) where his reckonable service is less
than 10 years, one sixtieth for each year of such service after attaining
the age of 40 years; or
(ii) where his reckonable service amounts
to 10 years but is less than 15 years, one sixtieth for each year of such
service after attaining the age of 40 years 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 such
service after attaining the age of 40 years and two additional sixtieths;
or
(iv) where his reckonable service amounts
to 20 years or more, one sixtieth for each year of such service after attaining
the age of 40 years and three additional sixtieths;but the sum so calculated shall not in any case exceed one sixth
of the said net emoluments;
(b) in the case of a person who has attained
the age of 50 years but has not attained the age of 60 years at the date of
the loss, one sixtieth of the said net emoluments for each year of his reckonable
service after attaining the age of 40 years, up to a maximum of 15 years;
and
(c) in the case of a person who has attained
the age of 60 years at the date of the loss, one sixtieth of the said net
emoluments for each year of his reckonable service after attaining the age
of 45 years.
(4) Where a person has become entitled (whether
immediately or prospectively on attaining some greater age) to a pension by
way of annual amounts under his last relevant pension scheme, the maximum
annual sum referred to in paragraph (1)
shall be the maximum sum calculated under paragraphs
(2) and (3)
as if he had not become so entitled.
(5) Where long-term compensation is payable
in respect of any period and resettlement compensation has also been paid
in respect of that period, the long-term compensation for that period shall
be limited to the amount (if any) by which it exceeds the resettlement compensation
paid as aforesaid.
(6) Long-term compensation shall be payable
to a person at intervals equivalent to those at which the emoluments of his
employment were previously paid or at such other intervals as may be agreed
between the person and the compensating authority.
16 
Long-term compensation for diminution of emoluments in respect
of any employment shall, subject to the provisions of these regulations, be
awarded and paid in accordance with the following provisions:—
(a) the compensation shall consist of an
annual sum which shall be payable to a person at intervals equivalent to those
at which the emoluments of his employment are or were previously paid or at
such other intervals as may be agreed between the person and the compensating
authority, and shall, subject to the provisions of these regulations, be payable
until normal retiring age or death, whichever first occurs; and
(b) the said annual sum shall not exceed
the maximum annual sum which could have been awarded under 
regulation 15 if the person had suffered loss
of employment and the loss of emoluments occasioned thereby had been equivalent
to the amount of the diminution:Provided that no compensation shall be payable if the
emoluments have been diminished by less than 2½ per cent.
17 

(1) Where a person to whom this Part of these
regulations applies and who is not a pensionable officer is receiving long-term
compensation for loss or diminution of emoluments or worsening of his position
and attains normal retiring age, the compensating authority may, if satisfied
that the person would have continued to work as an officer for a substantial
period beyond normal retiring age, continue to pay compensation to him for
the remainder of his life at half its former rate.
(2) Where a person to whom this Part of these
regulations applies and who is not a pensionable officer suffers loss or diminution
of emoluments, or worsening of his position, on or after attaining normal
retiring age, the compensating authority may, if satisfied that the person
had he not so suffered would have continued in the normal course of events
to work for a substantial period as an officer, pay compensation to him for
the remainder of his life at a rate not exceeding one half of that to which
he would have been entitled under regulation
15 had he not attained normal retiring age
at the date on which he suffered the loss, diminution or worsening, as the
case may be.
18 

(1) Long-term compensation shall be payable
with effect from the date of the claim or from any earlier date permitted
by the succeeding provisions of this regulation.
(2) Where a claim for long-term compensation
is duly made within 13 weeks of the occurrence of the loss or diminution which
is the cause of the claim, or within 13 weeks of the coming into operation
of these regulations whichever is the later, the award shall be made retrospective
to the date on which the loss or diminution occurred.
(3) Where a claim for long-term compensation
is made after the expiry of the period mentioned in 
paragraph (2), the award may, at the discretion
of the compensating authority, be made retrospective to a date not earlier
than 13 weeks prior to the date on which the claim was made:Provided that if the compensating authority are satisfied
that the failure to make the claim within the period mentioned in 
paragraph (2) was due to ill-health or other
circumstances beyond the claimant's control, the award may be made retrospective
to a date not earlier than that on which the loss or diminution occurred.

PART V
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 second
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,
on
(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 has 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 a 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 nationalised transport body, an Executive or a subsidiary of either 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.
20 

(1) Where retirement compensation is payable
under any one of regulations 21, 
22, 23 and 
24, such compensation shall not be payable
under any other of those regulations.
(2) For the purpose of determining the amount
of any retirement compensation which may, subject to the limits set out in
these regulations, be payable thereunder, regard shall be had to the extent
of the loss or the diminution of pension rights suffered and also to such
of the factors set out in regulation 14(1)
as may be relevant, and in addition the following further factors shall be
taken into consideration—
(a) the terms of any pension scheme associated
with any new employment undertaken; and
(b) the extent to which the person in question
has sought pensionable employment, and the terms of any pension scheme which
would have applied if he had accepted other suitable employment offered to
him.
(3) If a person has attained the age of 40
years at the date on which he suffered loss or diminution of pension rights,
the compensating authority, in calculating the amount of the retirement compensation
payable to him, shall credit him with additional years of service or an additional
period of contribution on the following basis, namely—
(a) 2 years, whether or not he has completed
any years of service after attaining the age of 40 years, and
(b) 2 years for each of the first 4 completed
years of his reckonable service between the date when he attained the age
of 40 years and the date of the loss or diminution, and
(c) one year for each such year of service
after the fourth;but the additional years of service or period of contribution so
credited shall not exceed the shortest of the following periods, namely—

(i) such number of years as, when added to
his pensionable service, would amount to the maximum period of such service
which would have been reckonable by him had he continued in his employment
until attaining normal retiring age, or
(ii) the number of years of his reckonable
service, or
(iii) 15 years;and in calculating the amount of any retirement compensation payable
to him any period so added shall be aggregated with any years of service or
period of contribution entailing reduction of the relevant pension or retiring
allowance because of a retirement pension payable under 
section 30 of the National Insurance
Act 1965.
(4) When retirement compensation is awarded,
or when an award is reviewed under regulation
34, the additional compensation payable in
consequence of any years of service or period of contribution credited to
a person under paragraph (3)
may be reduced or withheld to such extent as the compensating authority may
think reasonable having regard to the pension scheme (if any) associated with
any further employment obtained by him.
(5) If under his last relevant pension scheme
the amount of any benefit to which a person might have become entitled could
have been increased at the discretion of the body, trustees or other persons
administering the pension scheme or of any other body or person, the compensating
authority may increase, to an extent not exceeding that to which his accrued
pension, accrued retiring allowance, accrued incapacity pension or accrued
incapacity retiring allowance might have been increased or supplemented, the
corresponding component of any retirement compensation payable to him; and
in this connection the compensating authority shall have regard to the terms
of any relevant resolutions of such body, trustees or other persons with regard
to the increase of benefits and to the provisions of any enactment protecting
the interests of that person.
(6) If under his last relevant pension scheme
a person would have been entitled to surrender a proportion of any pension
which might have become payable to him in favour of his spouse or any dependant,
then, if he so desires and informs the compensating authority by notice in
writing accordingly within one month after becoming entitled to retirement
compensation under these regulations, he may surrender a proportion of so
much of the said compensation as is payable by way of an annual sum on the
like terms and conditions and in consideration of the like payments by the
compensating authority as if the said annual sum were a pension to which he
had become entitled under the said pension scheme.
(7) In calculating for the purposes of 
regulation 21, 22, 
23 or 24
the amount of the annual sum which is equal to a person's accrued pension,
no account shall be taken of any reduction falling to be made in that pension
by reason of the provisions of any Act relating to National Insurance until
the person reaches the age at which under his last relevant pension scheme
the pension would have been so reduced.
(8) In paragraph
(3) the expression 
“reckonable service” includes
any period of employment of which account has been taken or is required to
be taken in calculating the amount of any pension to which a person has become
entitled under the last relevant pension scheme.
21 
Subject to the provisions of these regulations, when a person to
whom this Part of these regulations applies reaches normal retiring age, the
retirement compensation payable to him for loss of pension rights shall be—

(a) an annual sum equal to the amount of
his accrued pension, and
(b) a lump sum equal to the amount of his
accrued retiring allowance (if any).
22 

(1) Where a person to whom this Part of these
regulations applies and who has suffered loss of his pension rights before
attaining what would have been his normal retiring age—
(a) becomes incapacitated in circumstances
in which, if he had not suffered such loss as aforesaid, he would have become
entitled to a pension under his last relevant pension scheme, or
(b) attains the age which, if he had not
suffered the said loss, would have been his minimum pensionable age,he shall be entitled on the happening of either of those events
to claim, in lieu of any compensation to which he would otherwise be entitled
under these regulations—
(i) in a case where 
sub-paragraph (a) of this paragraph applies,
an annual sum equal to the amount of his accrued incapacity pension and a
lump sum equal to the amount of his accrued incapacity retiring allowance
(if any), and
(ii) in a case where 
sub-paragraph (b) of this paragraph applies,
an annual sum equal to the amount of his accrued pension and a lump sum equal
to the amount of his accrued retiring allowance (if any),subject however to the conditions specified in 
paragraph (5).
(2) On receipt of a claim under 
paragraph (1) the compensating authority shall
consider whether the claimant is a person to whom that paragraph applies,
and within 13 weeks after the date of the receipt of the claim—
(a) if they are satisfied that he is not
such a person, they shall notify him in writing accordingly; or
(b) if they are satisfied that he is such
a person, they shall assess the amount of compensation payable to him and
notify him in writing accordingly;and any such notification shall, for the purposes of these regulations,
be deemed to be a notification by the authority of a decision on a claim for
compensation.
(3) A compensating authority may require
any person who makes a claim under paragraph
(1)(a) to submit himself to a medical examination
by a registered medical practitioner selected by that authority, and if they
do so, they shall also afford the person an opportunity of submitting a report
from his own medical adviser as a result of an examination by him, and the
authority shall take that report into consideration together with the report
of the medical practitioner selected by them.
(4) If a person wishes to receive compensation
under this regulation, he shall so inform the compensating authority in writing
within one month from the receipt of a notification under 
paragraph (2) or, where the claim has been
the subject of an appeal, from the decision of the tribunal thereon; and the
compensation shall be payable as from the date on which the compensating authority
received the claim.
(5) The calculation of compensation under
this regulation shall be subject to the following conditions—
(a) where the compensating authority, by
virtue of regulation 20,
have credited the person with additional years of service or an additional
period of contribution, no account shall be taken of any additional years
or period beyond the number of years which he could have served, had he not
lost his employment (in a case where the loss of pension rights was the result
of a loss of employment), before the date on which the claim was received
by the compensating authority; and
(b) if, by reason of any provision of the
last relevant pension scheme for a minimum pension or benefit, the amount
of any such pension or retiring allowance is in excess of that attributable
to the person's actual service, no account shall be taken of any such additional
years or period except to the extent (if any) by which they exceed the number
of years represented by the difference between his actual service and the
period by reference to which the minimum pension or benefit has been calculated;
and
(c) if the number of years by reference to
which an accrued incapacity pension or accrued incapacity retiring allowance
is to be calculated is less than any minimum number of years of qualifying
service prescribed by the relevant pension scheme, the amount of such pension
or retiring allowance shall, notwithstanding any minimum pension or benefit
prescribed by the pension scheme, not exceed such proportion of such minimum
pension or benefit as the number of years of pensionable service bears to
the minimum number of years of qualifying service.
23 

(1) If a person to whom this Part of these
regulations applies has suffered a loss of pension rights and loss of employment
after attaining the age of 50 years both losses being attributable to the
happening of the relevant event and so requests the compensating authority
by notice in writing, he shall be entitled, as from the date on which the
compensating authority receives such notice, to an annual sum equal to the
amount of his accrued pension and a lump sum equal to the amount of his accrued
retiring allowance (if any), and in that event he shall not be entitled to
receive any further payment of long-term compensation after the date on which
compensation under this regulation becomes payable:Provided that—
(i) in calculating the amount of the compensation
payable to a person who has given such notice as aforesaid no account shall
be taken of any additional years of service or period of contribution credited
to him under regulation 20;
and
(ii) where the person has claimed long-term
compensation the said notice shall be given not later than 2 years after a
decision on the claim has been notified or, where the decision has been reviewed
under regulation 34(3),
not later than 2 years after the review, or if there has been more than one
such review, after the latest.
(2) Regulation
22(2) and (4)
shall apply in relation to a notice given under the last foregoing paragraph
as it applies to a claim made under paragraph
(1) of that regulation.
(3) Where an annual sum is payable under
this regulation in respect of any period and resettlement compensation is
also payable in respect of that period, the said annual sum shall be limited
to the amount (if any) by which it exceeds the resettlement compensation payable
as aforesaid.
(4) If a person to whom this Part of these
regulations applies has suffered a diminution of pension rights otherwise
than by reason of a diminution of his pensionable emoluments and has also
suffered a loss of employment after attaining the age of 50 years, such diminution
and loss being both attributable to the happening of the relevant event, the
provisions of this regulation shall apply and have effect in relation to him
in like manner as if he were such a person as is mentioned in 
paragraph (1) except that the lump sum (if
any) referred to in that paragraph shall be reduced by the amount of any pension
paid or payable by way of a lump sum under his last relevant pension scheme
and except that the annual sum so referred to shall be such annual sum as
is therein provided but reduced, on and after the date on which he is first
entitled under the said scheme to be paid any instalment of his pension by
way of annual amounts, by the amount of each such instalment and 
paragraph (2) of regulation 24 shall have the
like effect in the application of this paragraph as it does in the application
of paragraph (1)(b)
of that regulation.
24 

(1) Regulations
21 and 22
shall apply and have effect in relation to a person to whom this Part of these
regulations applies and who has suffered a diminution of pension rights as
if—
(a) where that person has suffered such diminution
by reason of a diminution of his pensionable emoluments, the annual sum and
the lump sum (if any) payable to him as retirement compensation under those
regulations were equal to such an annual sum and such a lump sum (if any)
as respectively bear the same ratio to the sums which would be payable under
those regulations, had he suffered a loss (instead of a diminution) of pension
rights, as the ratio which the amount of the diminution of his pensionable
emoluments bears to those emoluments before their diminution, and
(b) where that person has suffered diminution
of pension rights for any other reason, the annual sum and the lump sum (if
any) payable to him as retirement compensation under those regulations were
equal to the annual sum and lump sum (if any) which would be payable under
those regulations, had he suffered a loss (instead of a diminution) of pension
rights, respectively reduced by the amount of any sums payable under his last
relevant pension scheme in each year after retirement compensation becomes
payable and by the amount of any lump sum paid or payable under that scheme.

(2) In the application of 
paragraph (1)(b) to an officer to or in respect
of whom the provisions of any order made under 
section 74 of the Transport Act 1962
 as read with 
section 136 of the Act have effect so as to
secure the payment or payments comprised in his accrued pension rights, the
references in that paragraph to his last relevant pension scheme shall include
a reference to any arrangements made under that scheme pursuant to such an
order and to any arrangements made under that order for the purpose of discharging
any liability of a body to make payments prescribed thereby.
25 

(1) A person entitled to retirement compensation
under these regulations for loss of pension rights shall pay to the compensating
authority an amount equal to any sum which was paid to him by way of return
of pension contributions, including any interest, after ceasing to be employed,
and the compensating authority may at his request repay that amount to him
at any time before he becomes entitled as aforesaid, but if that amount is
not paid to the compensating authority, or is repaid by them to the person,
the compensation shall be reduced by an annual amount the capital value of
which is equal to the amount of the said contributions.
(2) For the purposes of this regulation the
expression “pension contributions” shall include payments made to the pension fund by the person in
respect of added years and any additional contributory payments so made by
him.
26 
Where a person to whom this Part of these regulations applies,
after suffering loss or diminution of pension rights, enters new employment
in which he is subject to any pension scheme and thereafter becomes entitled
to reckon for the purposes of that scheme any service or period of contribution
which falls to be taken into account for the purpose of assessing the amount
of any retirement compensation payable to him, his entitlement to retirement
compensation shall be reviewed and no retirement compensation shall be payable
in respect of such service or period unless the annual rate of the pensionable
emoluments to which he was entitled immediately before such loss or diminution
exceeds the annual rate on entry of the pensionable emoluments of the new
employment by more than 2½ per cent. of such first-mentioned emoluments,
and any retirement compensation so payable to him shall, in so far as it is
calculated by reference to remuneration, be calculated by reference to the
difference between the said annual rates:
Provided that this regulation shall not operate to increase
the amount of any retirement compensation payable in respect of loss or diminution
of pension rights beyond the amount which would have been payable if the person
had attained normal retiring age immediately before he suffered the loss or
diminution of pension rights.
27 

(1) Payments in accordance with this regulation
and regulations 28 and 
29 shall be made to or for the benefit of the
widow, child or other dependant or to the personal representatives of a person
to whom this Part of these regulations applies.
(2) If the widow, child or other dependant
of that person might, but for the loss or diminution of his pension rights
have become entitled to a pension or, as the case may be, to a larger pension
under his last relevant pension scheme, the widow, child or other dependant
concerned shall be entitled to receive an annual sum equal to the prescribed
proportion of any retirement compensation by way of annual amounts payable
to the person under regulation 21, 
22, 23 or 
24 immediately before his death or, if he dies
before becoming entitled to receive compensation under any of those regulations,
the prescribed proportion of the compensation by way of annual amounts which
he would have received under regulation 22
or, as the case may be, under that regulation as applies by 
regulation 24, had he become entitled thereto
immediately before his death:Provided that—
(i) where any retirement compensation has
been surrendered under regulation 20(6)
or compounded under regulation 35,
any sum payable under this regulation shall be calculated as if such surrender
or compounding had not taken place;
(ii) where the pension scheme provides for
payment of the pension to any person on behalf of a child or other dependant,
any annual sum payable as aforesaid to a child or other dependant shall be
paid to that person on behalf of the child or dependant in the like manner
and for the like period as is provided in the pension scheme;
(iii) in calculating the sum payable as aforesaid,
it shall be assumed that the retirement compensation payable, or which would
have been payable, to a person under regulation
21, 22, 
23 or 24
had been such sum as would have been payable if the accrued pension or accrued
incapacity pension had not been reduced by reason of the provisions of any
Act relating to National Insurance;
(iv) where by virtue of a provision of the
pension scheme, the annual pension which would have been paid to the widow,
child or other dependant but for the loss or diminution of pension rights
would not have exceeded, or would not have been less than, or would have been
a specified amount, or an amount ascertainable when calculated in like manner
as is provided in paragraph (5)(b),
the aggregate of the annual sum payable under this regulation and any annual
pension payable under the pension scheme to the widow, child or other dependant
shall correspondingly not exceed, not be less than or shall be equal to that
specified amount or, as the case may be, the amount ascertained when so calculated
as aforesaid.
(3) Any annual sum payable to or for the
benefit of a widow, child or other dependant under this regulation shall cease
to be payable in any circumstances in which a corresponding pension under
the pension scheme referred to in paragraph (2)
 would have ceased to be payable.
(4) Except where the compensation has been
reduced under regulation 25,
compensation payable under this regulation and 
regulation 28 shall in the aggregate be reduced
by an amount the capital value whereof is equal to the amount of any pension
contributions as defined in regulation 25(2)
 returned to the person in respect of whom
the compensation is payable and either not paid to the compensating authority
or repaid by the compensating authority to him, the compensation under each
such regulation being reduced in proportion to the capital value of each amount.

(5) In this regulation 
“prescribed proportion” means 
—

(a) where provision is made in any last relevant
pension scheme of a person to whom this Part of these regulations applies
for the pension payable to his widow, child or other dependant to be of such
annual amounts as will bear a certain proportion to that person's pension
(whether that person's pension is payable to him under that same pension scheme
or under another such scheme dealing exclusively with his pension), that certain
proportion, and

(b) where no such provision is made, the
proportion which the annual amounts of the pension to which the widow, child
or other dependant of the person in question would have become entitled, in
the circumstances mentioned in paragraph (6)
, (such amounts being calculated in the manner
specified in paragraph (7)),
bears to the amount of that person's accrued pension or, as the case may be,
accrued incapacity pension as assessed for the purpose of calculating his
retirement compensation except that any reduction in the amount of such pension
made by reason of the provisions of any Act relating to National Insurance
shall, for the purpose of this sub-paragraph, be disregarded.
(6) The circumstances referred to in 
paragraph (5)(b) are that the person to whom
this Part of these regulations applies had died immediately before the date
on which he suffered the loss or diminution of the pension rights concerned,
having then complied with any requirements of the pension scheme as to a minimum
period of qualifying service or contribution and completed any additional
contributory payments or payments in respect of added years which he was then
in the course of making.
(7) The calculation referred to in 
paragraph (5)(b) shall be made on the basis
of the method prescribed by the last relevant pension scheme of the person
in question for the calculation of benefits for a widow, child or other dependant,
but in making that calculation in a case where that person has attained the
age of 40 years at the date when he suffered the loss or diminution of pension
rights he shall be credited, unless he is a person who is entitled to retirement
compensation under regulation 23,
with such number of additional years of service or such period of contribution
as was or may be properly credited to him under 
regulation 20(3) (subject to the provisions
of paragraph (5) of regulation 22
if the person in question is entitled to compensation under that regulation)
for the purpose of calculating the amount of his retirement compensation:
Provided always that in so crediting him as aforesaid,
any number of years of service or period of contribution prescribed by the
scheme to be taken into account as a limit in calculating any pension payable
to the widow, child or other dependant shall not as a result be exceeded.

28 

(1) If the widow or
the personal representatives of a person to whom this Part of these regulations
applies (in this regulation called “the deceased
person”) might, but for that person having suffered a
loss or diminution of pension rights, have become entitled to a death grant
under his last relevant pension scheme, she or they, as the case may be, shall
be entitled to receive a sum calculated in accordance with the provisions
of this regulation and of regulation 27(4)
which sum shall hereafter in this regulation be referred to as “the
said sum”.
(2) The amount of the said sum shall be ascertained
in accordance with the method of calculation of the death grant prescribed
by the deceased person's last relevant pension scheme, as modified for the
purpose of this regulation by paragraph (3),
but in making this calculation in any particular case such of the following
assumptions as may be applicable shall be made—
(a) where the deceased person had not been
in receipt of retirement compensation, it shall be assumed that he had died
immediately before the date on which he suffered the loss or diminution of
pension rights;
(b) where the deceased person had been in
receipt of retirement compensation, it shall be assumed that he had retired
on that date; and
(c) except where the deceased person had
been in receipt of retirement compensation under 
regulation 23, it shall be assumed that on
the date on which he suffered the loss or diminution of pension rights he
had served for a further period of pensionable service equivalent to the aggregate
of any additional years of service or period of contribution credited to him
under regulation 20(3),
but so however that—
(i) in a case where the deceased person had
been in receipt of retirement compensation under 
regulation 22, such further period shall not
exceed the period between the date on which the said loss or diminution was
suffered and the date of the claim under that regulation, and
(ii) in any other case such further period
shall not exceed the period between the date on which the said loss or diminution
was suffered and the actual date of the death of the deceased person.
(3) For the purpose of applying the method
of calculation specified in paragraph (2)
in a case where the last relevant pension scheme contains a provision to the
effect that payment of death grant is to be related to the period which has
elapsed from retirement to death, the reference in that provision to such
a period shall be treated as a reference to the period which has elapsed from
the first accrual of retirement compensation to the actual death of the deceased
person.
(4) If the number of years of the deceased
person's service or period of contribution is less than the minimum number
of years of qualifying service or period prescribed by the pension scheme
for the receipt of a death grant, the said sum shall not exceed such proportion
of the death grant calculated as aforesaid as the number of years of the person's
pensionable service or period of contribution bears to the minimum number
of years of qualifying service or period prescribed by the pension scheme.

(5) There shall be deducted from the said
sum the amount of any retirement compensation paid to or in respect of the
deceased person or where any part of that compensation has been surrendered
under regulation 20(6),
the amount which would have been paid but for any such surrender.
(6) Where payment of more than one such sum
under this regulation is made in relation to one death, the part of the total
amount of retirement compensation to be deducted from each such sum under 
paragraph (5) shall bear the same proportion
to such total amount as the said sum in question bears to the aggregate of
such sums paid under this regulation in relation to that death.
(7) For the purpose of calculating any death
grant which might be payable under the last relevant pension scheme, an annual
sum payable to, or for the benefit of, a widow, child or other dependant under 
regulation 27 shall be deemed to be a pension
payable to, or for the benefit of, the widow, child or dependant, as the case
may be.
(8) If the widow or the personal representatives
of the deceased person became entitled under his last relevant pension scheme
to a smaller death grant than would have been payable had he not suffered
a diminution of pension rights attributable to the happening of the relevant
event, she or they, as the case may be, shall be entitled to receive a sum
calculated in accordance with the foregoing provisions of this regulation
modified as follows:—
(a) in a case where the reduction of the
death grant has occurred because the diminution of pension rights has been
occasioned by the diminution of the deceased person's pensionable emoluments,
the amount of the pensionable emoluments to be taken into account for ascertaining
the said sum in accordance with paragraph (2)
 shall be the amount of that diminution, and

(b) in all other cases, the sum payable to
the widow or the personal representatives shall be the said sum calculated
in accordance with the foregoing provisions of this regulation but reduced
by the amount of the death grant to which the widow or the personal representatives
became entitled as aforesaid.
29 

(1) If no annual sum is payable to the widow,
child or other dependant of any person under 
regulation 27 and no sum is payable under 
regulation 28 and the person dies before he
has received in the aggregate by way of retirement compensation a sum equivalent
to the amount of any contributions repaid by him under 
regulation 25, together with compound interest
thereon calculated at the rate of 3 per cent. per annum with half-yearly rests
up to the date of his death as from the 1st April or 1st October following
the half year in which the amount was paid, there shall be paid to his personal
representatives the difference between the aggregate amount received by way
of retirement compensation as aforesaid and the said equivalent sum.
(2) If an annual sum becomes payable to a
widow under regulation 27
and on her re-marriage or death the sum ceases to be payable, and any sum
payable to a child or other dependant under that regulation has ceased to
be payable, and if the aggregate amount of the payments which were made as
aforesaid to her husband by way of retirement compensation and to the widow
or personal representatives under regulation
28 is less than a sum equivalent to the amount
which would have been payable to the personal representatives under that regulation
if no annual sum had been payable under regulation
27, there shall be paid to her or her personal
representatives the difference between such aggregate amount and the said
equivalent sum.
(3) For the purposes of this regulation a
person who has surrendered any part of his retirement compensation under 
regulation 20(6) shall be deemed to have received
during any period the amount of compensation for that period which he would
have received but for any such surrender.
30 
Any compensation awarded as an annual sum under this Part of these
regulations to or in respect of any person shall be payable at intervals equivalent
to those at which the corresponding benefit would have been payable under
the person's last relevant pension scheme or at such other intervals as may
be agreed between the person entitled to receive the compensation and the
compensating authority.
PART VI
31 

(1) Where any period
of service of which account was taken in calculating the amount of any compensation
payable under Part IV or 
V of these regulations is subsequently taken
into account for the purpose of calculating the amount of any pension payable
to or in respect of any person in accordance with a pension scheme associated
with any employment undertaken subsequent to the date on which the attributable
loss was suffered which gave rise to the claim for compensation (in this regulation
called “the said scheme”),
the compensating authority may in accordance with this regulation withhold
or reduce the compensation payable in respect of any period for which such
pension is being received.
(2) If the part of any pension by way of
annual amounts which is attributable to a period of service mentioned in 
paragraph (1) equals or exceeds the part of
any compensation by way of annual amounts which is attributable to the same
period, that part of the compensation may be withheld, or if such part of
the pension is less than such part of the compensation, the compensation may
be reduced by an amount not exceeding such part of the pension.
(3) Where a death benefit is or becomes payable
under the said scheme in respect of any person who is for the purposes of 
regulation 28 called therein the deceased person,
any sum payable under that regulation in respect of such a person may be reduced
by an amount not greater than the proportion of the death benefit which the
period of service mentioned in paragraph (1)
 bears to the total period of service of which
account was taken in the calculation of the death benefit.
(4) In addition to any reduction authorised
by paragraph (2) or 
(3), if, in the circumstances mentioned in 
paragraph (1), compensation by way of annual
amounts is attributable in part to any provision of the said scheme for a
minimum benefit or pension, the compensation may be reduced by an amount not
exceeding that part.
(5) Where any additional years of service
or period of contribution have been credited to a person under 
regulation 20(3), if the number of such years
or such period is equal to or less than the period spent in the subsequent
employment mentioned in paragraph (1),
the compensation by way of annual amounts may be reduced (in addition to any
other reduction authorised by this regulation) by an amount not exceeding
that attributable to the additional years or period so credited or, if the
number of such years or such period is greater than the period spent in the
subsequent employment, by such proportion of that amount as the period spent
in the subsequent employment bears to the number of additional years or the
period so credited.
(6) Where compensation has been calculated
in accordance with regulation 26,
the provisions of this regulation shall apply only in relation to such part
(if any) of the pension mentioned in paragraph
(1) as is attributable to pensionable emoluments
in excess of those to which the person was entitled on entering the new employment
referred to in regulation 26.

(7) Where long-term compensation is payable
to a person in respect of diminution of emoluments or worsening of his position
or of both, the provisions of this regulation shall apply only in relation
to such part (if any) of the pension as is under the said scheme attributable
to his emoluments in the said subsequent employment, being emoluments in excess
of those emoluments to which that person was entitled immediately before he
suffered the diminution of emoluments or worsening of his position, or if
he suffered both, before he suffered whichever was the earlier.
(8) Where retirement compensation is payable
to a pensionable officer in respect of diminution of pension rights occasioned
by a diminution of pensionable emoluments, the provisions of this regulation
shall apply only in relation to such part (if any) of the pension as is attributable
to pensionable emoluments in excess of those to which that officer was entitled
immediately prior to the diminution of his pension rights.
32 

(1) If under a person's last relevant pension
scheme any benefit or pension for which the scheme provided would have been
subject to reduction or suspension on his taking up other employment specified
in that behalf in the scheme, any retirement compensation to which he is entitled
for loss or diminution of pension rights shall, where such employment is taken
up, be reduced or suspended in the like manner and to the like extent:Provided that in calculating the amount of the reduction
of the compensation in a case where by the provisions of the scheme the amount
of the reduction of the benefit or pension is to be related to the emoluments
of the employment taken up, the amount of any pension by way of annual amounts
payable to the person under his last relevant pension scheme shall be treated
as emoluments which shall for the purpose of the calculation be aggregated
with the actual emoluments of the said employment.
(2) There shall be deducted from the retirement
compensation payable to any person any additional contributory payments remaining
unpaid at the date when he suffered loss or diminution of pension rights;
and any such payments not recovered at the date of his death shall be deducted
from any compensation payable in respect of that person under 
regulation 27, 28
or 29.
(3) Where a person is entitled to compensation
under these regulations and the circumstances are such that he is also entitled
to—
(a) a redundancy payment under the Redundancy Payments Act 1965,
or
(b) any similar payment in consequence of
the loss of his employment under any contract or arrangement with the body
or person by whom he was employed (other than payments by way of a return
of contributions under a pension scheme), or
(c) any payment under or by virtue of the
provisions of any enactment relating to the reinstatement in civil employment
of persons who have been in the service of the Crown,the compensation which would, apart from this paragraph, become
due to the person, whether by instalments or lump sum or both, shall in the
aggregate be reduced by the amount of the payments referred to in this paragraph.

(4) Where any resettlement or long-term compensation
is payable to or in respect of any person, and that person or his widow, child
or other dependant or his personal representatives is or are also entitled
(whether immediately or on the person's attaining some greater age) to a pension
under that person's last relevant pension scheme, any instalment of such compensation
which is payable in respect of any period shall be reduced by the amount of
the instalment of such pension which is payable in respect of the same period.

(5) For the purposes of 
paragraph (4) no account shall be taken of
any sum payable in consequence of the surrender by any person of part of his
pension under any provision in that behalf in his last relevant pension scheme
with a view to obtaining or increasing allowances for his widow, child or
other dependant; and the person shall be deemed to have received during any
period the amount of pension which he would have received but for any such
surrender.
(6) Where in any week a person is entitled
to long-term compensation and is also entitled to unemployment, sickness or
injury benefit under any Act relating to National Insurance, other than a
benefit claimable by him in respect of a dependant, there shall be deducted
from the long-term compensation payable for that week a sum equal to the amount
by which the aggregate of such National Insurance benefit claimable in respect
of that week and the weekly rate at which the long-term compensation would
be payable but for this regulation exceeds two thirds of the weekly rate of
the net emoluments of the employment which he has lost or in which the emoluments
have been diminished:Provided that this paragraph shall not apply in relation
to any such sickness or injury benefit in so far as—
(i) an equivalent sum is deducted from the
emoluments of his current employment, and
(ii) such deduction from those emoluments
has not occasioned an increase in his long-term compensation.
(7) In paragraph
(6) the expression 
“weekly rate” means seven
three hundred and sixty-fifths of the relevant annual rate.
33 
Where—
(a) a pensionable officer after suffering
any attributable loss enters any new employment referred to in 
regulation 26 or becomes entitled to any pension
on ceasing to hold any such employment, or
(b) a person entitled to long-term compensation
enters employment the remuneration whereof is payable out of public funds
or by any nationalised transport body or subsidiary thereof, or ceases to
hold such employment, or receives any increase in his remuneration in such
employment, or
(c) a person entitled to retirement compensation
enters employment in which the compensation is subject to reduction or suspension
under regulation 32,
or ceases to hold such employment, or receives any increase in his remuneration
in such employment, or
(d) a person entitled to long-term compensation
starts to receive any benefit, any increase in benefit or any further benefit
under any Act relating to National Insurance,
he shall forthwith inform the compensating authority in
writing of that fact.
34 

(1) The compensating authority shall, within
a period of 2 years after the date on which any decision on a claim for long-term
or retirement compensation (other than compensation payable under 
regulation 23) is notified to a claimant under 
regulation 36 and at intervals of not more
than 6 months, review their decision or, where the claim has been the subject
of an appeal, the decision of the tribunal, and these regulations shall apply
in relation to any such review as they apply in relation to the initial determination
of the claim; and on such review, in the light of any material change in the
circumstances of the case, compensation may be awarded, or compensation previously
awarded may be increased, reduced or discontinued, subject to the limits set
out in these regulations:Provided that where the person to whom the decision relates
ceases to hold the employment in which his emoluments were diminished, a review
shall be held within 3 months after the date on which he ceases to hold that
employment.
(2) After the expiration of the period of
2 years mentioned in paragraph (1),
the compensating authority may, at their discretion, carry out reviews in
accordance with that paragraph at intervals of not less than 12 months.
(3) The person to whom the decision relates
may at any time require the compensating authority to carry out a review in
accordance with paragraph (1)
if he considers that there has been a change in the circumstances of his case
which is material for the purposes of these regulations.
(4) Notwithstanding anything contained in
the foregoing provisions of this regulation, the compensating authority shall
review a decision (whether of the authority or the tribunal) on a claim for
long-term compensation for loss of employment, diminution of emoluments or
worsening of a person's position after the expiration of the said period of
2 years if at any time—
(a) the person to whom
the decision relates becomes engaged in employment (hereinafter referred to
as his “current employment”)
the remuneration whereof is payable out of public funds, or by any nationalised
transport body or subsidiary thereof, and which he has undertaken subsequent
to the date on which he suffered the loss, diminution or worsening,
and
(b) the aggregate of the net emoluments of
his current employment, any pension or benefit by way of annual amounts payable
to him in respect of the employment which he has lost or in which he suffered
the diminution or worsening and the long-term compensation payable to him
exceeds the net emoluments of the employment which he has lost or, as the
case may be, in which he so suffered.
(5) The compensating authority shall further
review any decision reviewed under paragraph
(4) whenever the net emoluments of the person's
current employment are increased.
(6) If on any review under 
paragraph (4) or (5)
the compensation is reduced, it shall not be reduced below the amount by which
the net emoluments of the person's current employment, together with any pension
or benefit by way of annual amounts payable to him in respect of the employment
in which he has suffered the attributable loss, falls short of the net emoluments
of the employment in which he suffered that loss.
(7) The compensating authority shall give
to a person to whom a decision relates not less than 14 days' notice of any
review of that decision to be carried out under this regulation unless the
review is carried out at his request.
(8) Nothing in this regulation shall preclude
the making of any adjustment of compensation required by 
regulation 31 or 32.

35 

(1) In a case where an annual sum which has
been or might be awarded under these regulations does not exceed £26,
the compensating authority may, at their discretion, compound their liability
in respect thereof by paying a lump sum equivalent to the capital value of
the annual sum and, if any lump sum payment has been or might be awarded in
addition to such annual sum under regulation
21, 22, 
23 or 24,
the compensating authority may likewise discharge their liability in respect
thereof by an immediate payment.
(2) In any other case, if the person who
has been awarded long-term or retirement compensation requests them to do
so, the compensating authority may, after having regard to the state of health
of that person and the other circumstances of the case, compound up to one
quarter of their liability to make payments under the award (other than payments
to a widow, child or other dependant under regulation
27) by the payment of an equivalent amount
as a lump sum or, where any compensation has been awarded as a lump sum, by
increasing that compensation to such equivalent amount; and in calculating
for this purpose the liability of the authority to make such payments, account
shall be taken of the annual value of lump sum payments of compensation.
(3) The making of a composition under 
paragraph (2) in relation to an award of long-term
or retirement compensation shall not prevent the subsequent making of a composition
under paragraph (1)
in relation to that award, but, subject as aforesaid, not more than one composition
may be made in relation to any award.
PART VII
36 

(1) Every claim for compensation under these
regulations and every request for a review of an award of long-term or retirement
compensation shall be made in accordance with this regulation.
(2) Every such claim and request shall be
made to the compensating authority in writing, shall set out the grounds on
which the claim or request is made and shall state whether any other claim
for compensation has been made by the claimant under these regulations.
(3) Resettlement compensation shall be claimed
separately from any other form of compensation claimable under these regulations.

(4) The compensating authority shall consider
any such claim or request in accordance with the relevant provisions of these
regulations and shall notify the person making the claim or request in writing
of their decision—
(a) in the case of a claim for resettlement
compensation, not later than one month after the receipt of the claim, and

(b) in the case of a claim for, or request
for the review of an award of, compensation under 
Part IV or V
of these regulations, not later than 13 weeks after the receipt of the claim
or request, and
(c) in any other case, as soon as possible
after the decision;but the decision of a compensating authority shall not be invalidated
by reason of the fact that notice of the decision is given after the expiry
of the period mentioned in this paragraph.
(5) Every notification of a decision by the
compensating authority (whether granting or refusing compensation or reviewing
an award, or otherwise affecting any compensation under these regulations)
shall contain a statement—
(a) giving reasons for the decision;
(b) showing how any compensation has been
calculated and, in particular, if the amount is less than the maximum which
could have been awarded under these regulations, showing the factors taken
into account in awarding that amount; and
(c) directing the attention of the claimant
to his right under regulation 42,
if he is aggrieved by the decision, to institute proceedings before a tribunal
and giving him the address to which the application instituting such proceedings
should be sent.
37 

(1) Any person claiming or receiving compensation
or whose award of compensation is being reviewed shall furnish all such information
as the compensating authority may at any time reasonably require; and he shall
verify the same in such manner, including the production of books or original
documents in his possession or control, as may be reasonably so required.

(2) Any such person shall, on receipt of
reasonable notice, present himself for interview at such place as the compensating
authority may reasonably require; and any person who attends for interview
may, if he so desires, be represented by his adviser.
38 

(1) In the event of the death of a claimant
or of a person who, if he had survived, could have been a claimant, a claim
for compensation under these regulations may be continued or made, as the
case may be, by his personal representatives.
(2) Where any such claim is continued or
made as aforesaid by personal representatives, the personal representatives
shall, as respects any steps to be taken or thing to be done by them in order
to continue or make the claim, be deemed for the purposes of these regulations
to be the person entitled to claim, but, save as aforesaid, the person in
whose right they continue or make the claim shall be deemed for the purposes
of these regulations to be such person, and the relevant provisions of these
regulations shall be construed accordingly:Provided that the compensating authority may in any such
case extend the period within which a claim is required to be made by 
regulation 7, 13
or 19.
39 
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.
40 
In calculating for the purposes of these regulations the amount
of any emoluments lost, or the amount by which any emoluments have been diminished,
and in determining the net emoluments, the accrued pension or the accrued
retiring allowance of any person who has suffered attributable loss, no account
shall be taken of any increase in the amount of the person's emoluments which
is due to any temporary allowance made in consequence of the happening of
the relevant event and otherwise than in the ordinary course of his employment.

41 
Subject to any statutory provision in that behalf, any compensation
to which a person becomes entitled under these regulations shall be paid by
the compensating authority and shall be payable to, or in trust for, the person
who is entitled to receive it, and shall not be assignable:
Provided that, without prejudice to any other right of
recovery, any compensation paid in error to a person may be recovered by the
compensating authority from him by deduction from any compensation payable
to him under these regulations.
42 

(1) Every person who is aggrieved by any
decision of the compensating authority with respect to a compensation question
or by any failure on the part of the compensating authority to notify him
of any such decision within the appropriate time prescribed by these regulations,
may within 13 weeks of the notification to him of the decision or the expiry
of the prescribed time, as the case may be, institute proceedings for the
determination of the question by a tribunal in accordance with the Industrial Tribunals (Employment and
Compensation) Regulations 1967, or in Scotland, the 
Industrial Tribunals (Employment and Compensation) (Scotland) Regulations
1967
and these regulations; and the tribunal shall determine the question accordingly.

(2) For the purpose of any such proceedings
a person or persons may be appointed to sit with the tribunal as assessor
or assessors.
(3) The compensating authority shall give
effect to the decision of the tribunal subject to any modifications that may
be required in consequence of any appeal from that decision on a point of
law.
Given under the Official Seal of the Minister of Transport the
9th February 1970
Fred Mulley
Minister of Transport
Given under the Seal of the Secretary of State for Scotland on
9th February 1970
William Ross
Secretary of State for Scotland

SCHEDULE 1
Regulation 4

Table showing the events which can occasion a
claim for compensation under these regulations and the first material dates
and compensating authorities in connection therewith

Relevant
Event First Material Date
 Compensating Authority


(1) (2) (3)
1. Transfer of property, rights or liabilities under 
section 4 or 5
of the Act. The date of the passing of
the Act. The nationalised transport body
by whom, or by whose subsidiary, the person suffering the attributable loss
was employed immediately before the occurrence of that loss.
2. Transfer of property, rights or liabilities
under section 7 or 
8 of the Act. 
The date of the confirmation of the scheme under 
section 7 or of the making of the order under 
section 8. 
The nationalised transport body by whom, or by whose subsidiary, the person
suffering the attributable loss was employed immediately before the occurrence
of that loss.
3. Transfer
of property, rights or liabilities under section
28 of the Act. 
The date of the passing of the Act. 
The Bus Company, where the transfer is to that Company, or the Scottish Group,
where the transfer is to that Group.
4. Transfer of property, rights or liabilities under 
section 29(2) of the Act. The date of the passing of the Act. The Bus Company, where the transfer is to that Company,
or the Scottish Group, where the transfer is to that Group.
5. Transfer of property, rights or liabilities
under section 29(5)
of the Act. The date of the confirmation
of the scheme or the making of the order under 
section 29(5). 
The nationalised transport body by whom, or by whose subsidiary, the person
suffering the attributable loss was employed immediately before the occurrence
of that loss.
6. Transfer
of property, rights or liabilities under section
53 of the Act. 
The date of the making of the order under section
53. The
nationalised transport body, publicly owned body or Minister of the Crown
by whom, or by whose subsidiary, the person suffering the attributable loss
was employed immediately before the occurrence of that loss.
7. Transfer of property, rights or liabilities
under section 144
of the Act. The date of the passing of
the Act. The Railways Board.
8. Change in the manner in which the
carrying on of the activities of the Railways Board or the Freight Corporation
is organised made either in pursuance of a direction under 
section 6(1) or 45(5)
of the Act, or with the consent of the Minister in order to give effect to
conclusions reported under the said section 45
. The
date of the giving of the direction, where a direction is given, or the date
of the report of the conclusions where the change is made with the Minister's
consent and without a direction. The
Railways Board, where the change affects that Board, or the Freight Corporation,
where the change affects that Corporation.
9. Making of adaptations such as are mentioned in 
paragraph 5(4) of Schedule 16 to the Act. The date of the making of the order under 
paragraph 5(4) of Schedule 16. The nationalised transport body, by whom, or by
whose subsidiary, the person suffering the attributable loss was employed
immediately before the occurrence of that loss.
10. Revocation under 
paragraph 10(1) of Schedule 6 to the Act of
a consent granted under that Schedule. 
The date of the service on the operator under 
paragraph 10 of Schedule 6 of the notice revoking
the consent. The Executive who have revoked
the consent.
NOTE:—In determining for the purpose of this
Schedule whether a subsidiary is a subsidiary of a particular nationalised
transport body, no account shall be taken of the provisions of 
section 51(5) of the Act.

SCHEDULE 2
Regulation 2(2)


TABLE ITable showing the capital value of an annual amount
of £1 payable for life
Capital
value of £1 per annum payable for life
Age
 Female
 Male
 
£ s. d. £
s. d.
Under
35 15 11 0 15 3 0
35 and under
40 15 2 0 14 12 0
40 and
under 45 14 11 0 13 19 0

45 and under 50 13 18 0 13 2 0

50 13 9 0 12 11 0
51 13 5 0 12 7
0
52 13 2 0 12 3 0
53 
12 18 0 11 18 0
54 12 14 0 11 14 0

55 12 10 0 11 9 0
56 12 6 0 11 5
0
57 12 2 0 11 0 0
58 
11 18 0 10 15 0
59 11 13 0 10 10 0

60 11 8 0 10 5 0
61 11 4 0 10 0
0
62 10 19 0 9 14 0
63 
10 14 0 9 9 0
64 10 8 0 9 3 0

65 10 3 0 8 18 0
66 9 18 0 8 12
0
67 9 12 0 8 7 0
68 9 7 0
 8 1 0
69 9 1 0 7 16 0

70 8 15 0 7 10 0NOTE:—This table is for use in connection with 
regulation 35(1) and (2)
for the compounding of annual retirement compensation which a person is currently
entitled to receive under regulation 21, 
22, 23 or 
24. Where the compensation is payable before
age 60 (females), 65 (males) but will be reduced on the attainment of that
age (in connection with National Insurance pension) the table should be used
in conjunction with Table II,
i.e. Table II
should be used for valuing that part of the compensation which ceases to be
payable at age 60 or 65 as the case may be and this table should be used for
valuing the remainder.

TABLE IITable showing the capital value of an amount of
£1 per annum ceasing at age 60 (females), 65 (males)
Capital Value
Age
 Female Male
 £ s. d. £ s. d.
Under 35 
13 8 0 14 2 0
35 and under 40 
12 5 0 13 3 0
40 and under 45 
10 14 0 11 19 0
45 and under 50 
8 13 0 10 8 0
50 7 3 0 9 6 0

51 6 12 0 8 18 0
52 6 0 0 8 9 0

53 5 7 0 7 19 0
54 4 13
0 7 10 0
55 3 18 0 6 19 0

56 3 3 0 
6 8 0
57 2 6 0 5 17 0
58 
1 9 0 5 4 0
59 10 0 4 11 0

60 — 3 17 0
61 — 3 2
0
62 — 2 6 0
63 
— 1 8 0
64 — 10 0
NOTE:—This table
is for use in connection with regulation 35(1)
 and (2)
for the compounding of any part of annual retirement compensation which will
cease to be payable on the attainment of age 60 (females), 65 (males). 
Table I should be used in relation to the remainder
of such compensation, i.e. the part which is payable for life—see note
on that table.

TABLE IIITable showing the capital value of an annual amount
of £1 payable to a widow until death or remarriage
Age of widow at date of widowhood
 Capital value of £1
per annum as at date of widowhood
 £ s. d.
20 6 0 0
21 6 0 0

22 6 0 0
23 6 0 0
24 
6 0 0
25 6 5 0
26
 6 12 0
27 6 19 0
28 
7 6 0
29 7 13 0

30 8 0 0
31 8 8 0
32 
8 15 0
33 9 2 0
34
 9 8 0
35 9 15 0
36 
10 1 0
37 10 6 0

38 10 11 0
39 10 16 0
40 
11 1 0
41 11 5 0

42 11 9 0
43 11 12 0
44 
11 15 0
45 11 18 0

46 12 1 0
47 12 3 0
48 
12 5 0
49 12 6 0

50 12 6 0
51 12 6 0
52 
12 5 0
53 12 4 0

54 12 3 0
55 12 1 0
56 
11 19 0
57 11 16 0

58 11 13 0
59 11 10 0
60 
11 6 0
61 11 3 0

62 10 19 0
63 10 14 0
64 
10 8 0
65 10 3 0

66 9 18 0
67 9 12 0
68 
9 7 0
69 9 1 0
70
 8 15 0
NOTE:—This
table is for use in connection with regulation
35(1) for compounding annual compensation payable
to a widow under regulation 27.
It should also be used, where a reduction of compensation under 
regulation 27(4) falls to be apportioned between
the compensation payable under that regulation and under 
regulation 28, for ascertaining the capital
value of annual compensation to a widow.

TABLE IVTable showing the annual amount payable for life
equivalent in value to a lump sum of £100
Annual sum, payable for life, equal in value to a lump sum of £100

Age
 Female Male
 £ s. d. 
£ s. d.

Under 35 6 8 7 6 12 0
35 and under
40 6 12 5 6 17 0
40 and under 45 
6 17 5 7 3 4
45 and under 50 
7 3 11 7 12 8
50 7 8 8 7 19 4

51 7 10 11 8 1 11
52 7 12 8 8 4
7
53 7 15 0 8 8 1
54 7 17
6 8 10 11
55 8 0 0 8 14 8

56 8 2 7 
8 17 9
57 8 5 3 9 1 10
58 
8 8 1 9 6 0
59 8 11 8 9 10 6

60 8 15 5 9 15 1
61 8 18 7 10 0
0
62 9 2 8 10 6 2
63 9 6 11
 10 11 8
64 9 12 4 10 18 7

65 9 17 0 11 4 9
66 10 2 0 11 12
7
67 10 8 4 11 19 6
68 
10 13 11 12 8 5
69 11 1 0 12 16 5

70 11 8 7 13 6 8
NOTE:—This table is for use in connection with 
regulation 25(1) for ascertaining the annual
amount by which retirement compensation under 
regulation 21, 22
or 23 is to be reduced where
a claimant has not paid to the compensating authority an amount equal to any
sum paid to him by way of pension contributions or that amount has been repaid
to him by the compensating authority at his request. It should also be used
in connection with regulation 35(2)
for calculating for the purposes of that paragraph the annual value of retirement
compensation awarded as a lump sum.

TABLE VTable showing the annual amount payable to a widow
until death or remarriage equivalent in value to a lump sum of £100

Age of widow at date
of widowhood Annual amount
equal in value to a lump sum of £100
 £
s. d.
20 16 13 4

21 16 13 4
22 16 13 4
23 
16 13 4
24 16 13 4

25 16 0 0
26 15 3 0
27 
14 7 9
28 13 14 0

29 13 1 5
30 12 10 0
31 
11 18 1
32 11 8 7

33 10 19 9
34 10 12 9
35 
10 5 2
36 9 19 0

37 9 14 2
38 9 9 7
39 
9 5 2
40 9 1 0
41
 8 17 9
42 8 14 8
43 
8 12 5
44 8 10 3

45 8 8 1
46 8 6 0
47 
8 4 7
48 8 3 3
49
 8 2 7
50 8 2 7
51 
8 2 7
52 8 3 3
53
 8 3 11
54 8 4 7
55 
8 6 0
56 8 7 4
57
 8 9 6
58 8 11 8
59 
8 13 11
60 8 17 0

61 8 19 5
62 9 2 8
63 
9 6 11
64 9 12 4

65 9 17 0
66 10 2 0
67 
10 8 4
68 10 13 11

69 11 1 0
70 11 8 7

NOTE:—This table is for use in connection with 
regulation 27(4) for ascertaining the annual
amount by which compensation to a widow is to be reduced in the circumstances
described in that paragraph. If a reduction is required to be apportioned
between compensation payable under regulations
27 and 28,
the capital value of annual compensation to a widow should be ascertained
by reference to Table III.


TABLE VITable showing, according to the outstanding period
of long-term compensation, the capital value of each £100 of the total
amount of long-term compensation compounded
Capital value of each £100 of the total amount of long-term
compensation

Outstanding number of complete years of long-term compensation
 Female Male
 £ s. d. £ s. d.
0 98 8
0 98 4 0
1 95 4 0 94 16 0

2 92 2 0 
91 10 0
3 89 4 0 88 6 0
4 
86 8 0 85 8 0
5 83 16 0 82 14 0

6 81 6 0 
80 2 0
7 78 18 0 77 14 0
8 
76 14 0 75 8 0
9 74 12 0 73 4 0

10 72 12 0 71 4 0
11 70 12 0 69
6 0
12 68 16 0 67 10 0
13 
67 0 0 65 14 0
14 65 6 0 64 2 0

15 63 14 0 62 10 0
16 62 2 0 61 0
0
17 60 12 0 59 12 0
18 
59 4 0 58 4 0
19 57 16 0 56 18 0

20 56 10 0 55 12 0
21 55 4 0 54 8
0
22 54 0 0 53 4 0
23 
52 16 0 52 0 0
24 51 12 0 50 18 0

25 50 10 0 49 18 0
26 49 8 0 48 18
0
27 48 8 0 47 18 0
28 
47 8 0 46 18 0
29 46 8 0 45 18 0

30 45 10 0 45 0 0
NOTE:—This table is for use in connection with 
regulation 35(1) and (2)
for compounding awards of long-term compensation under 
Part IV of these regulations. The total amount
of the annual long-term compensation which is to be compounded must first
be calculated, i.e. the amount which the person would receive on account of
that compensation or the part of it which is to be compounded, if it were
paid until “normal retiring age” (as defined in these regulations).
For each £100 so calculated, the lump sum payment will be the amount
shown in the table according to the number of complete years in the period
between the date of compounding and “normal retiring age”.
