Local Government (Education Administration) (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) Regulations 1995

JurisdictionUK Non-devolved
CitationSI 1995/840
Year1995

1995 No. 840 (S.73)

LOCAL GOVERNMENT, SCOTLAND

EDUCATION, SCOTLAND

The Local Government (Education Administration) (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) Regulations 1995

Made 20th March 1995

Laid before Parliament 22th March 1995

Coming into force 6th April 1995

The Secretary of State, in exercise of the powers conferred on him by section 24 of the Superannuation Act 19721and of all other powers enabling him in that behalf, and with the consent of the Treasury2, hereby makes the following Regulations:

1 GENERAL

PART I

GENERAL

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Local Government (Education Administration) (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) Regulations 1995 and shall come into force on 6th April 1995.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“eligible employee” means an adviser, within the meaning of the Superannuation Regulations, other than a person who is—

(a) employed by an employing authority to work at one or more than one school maintained by that authority in a teaching or supervisory capacity, or

(b) an eligible employee within the meaning of the Local Government (Compensation for Redundancy) (Scotland) Regulations 19943;

“former employment” means the employment that ceased as described in regulation 3(a);

“pensionable employment” has the same meaning as in the Superannuation Regulations;

“prescribed period” means the period beginning on 6th April 1995 and ending on 31st March 1997;

“reckonable service” means any period of pensionable employment and any period of special service not being special service consisting of periods of unpaid leave or other unpaid absence from duty;

“relevant assumptions” means the assumptions that—

(a) during any period of special service a person was in pensionable employment; and

(b) the person’s pensionable employment for the purpose of the Superannuation Regulations included any periods of special service which did not consist of periods of unpaid leave or other unpaid absence from duty;

“relevant body” means—

(a) a local authority constituted under section 2 of the Local Government (Scotland) Act 19734; or

(b) an authority constituted under section 2 of the Local Government etc. (Scotland) Act 19945;

“relevant disqualification” in relation to a person means—

(a) where he is a part-time teacher, his not having made an election in terms of regulation B2(3) of the Superannuation Regulations with respect to any period;

(b) his having made an election under regulation B6(1) of those Regulations; and

(c) the fact that his service is not part-time service, within the meaning of the Superannuation Regulations, because his contract of employment does not subsist for a period of at least 6 consecutive weeks;

in consequence of one or more of which that person was not in pensionable employment;

“relevant year” means the period of one year, ending with the material date or, where it would yield a higher amount of remuneration, either of the two years immediately preceding the start of that year;

“remuneration” in the case of an eligible employee in pensionable employment, means contributable salary within the meaning of the Superannuation Regulations and, in the case of an eligible employee who is, by virtue of a relevant disqualification, not in pensionable employment, means the remuneration which, but for a relevant disqualification and on the relevant assumptions, would be his contributable salary, in both cases during the relevant year;

“special service” means any period of employment with respect to which the employing authority is satisfied that the person would have been, or been treated as being, in pensionable employment were it not for the existence in relation to the employee concerned and that employment of a relevant disqualification;

“the Superannuation Regulations” means the Teachers' Superannuation (Scotland) Regulations 19926;

“the 1994 Act” means the Local Government etc. (Scotland) Act 1994;

the 1980 Regulations” means the Teachers' (Compensation for Premature Retirement) (Scotland) Regulations 19807.

(2) In these Regulations, subject to paragraph (1) of this regulation and unless the context otherwise requires, any expression which is also used in the 1980 Regulations has the same meaning as in those Regulations.

(3) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is to be construed as a reference to the regulation that bears that number in these Regulations.

2 COMPENSATION

PART II

COMPENSATION

S-3 Persons to whom this Part applies

Persons to whom this Part applies

3. This Part applies to an eligible employee who—

(a) ceases during the prescribed period to hold his employment with a relevant body by reason of redundancy or in the interests of the efficient exercise of that body’s functions;

(b) meets the prescribed conditions specified in regulation 4; and

(c) is not a person to whom the provisions of section 13(4) of the 1994 Act apply.

S-4 Prescribed conditions

Prescribed conditions

4.—(1) The provisions of the following paragraphs of this regulation are the prescribed conditions for the purposes of regulation 3.

(2) The first condition is that the person is not entitled to have his case considered for the payment of compensation, in respect of loss of employment specified in regulation 3(a), under any instrument within the meaning of Part I of Schedule 1 to the 1980 Regulations.

(3) The second condition is that the person has on the material date—

(a)

(a) attained the age of 18 years but has not attained the age of 50 years and is entitled to count reckonable service amounting to not less than 2 years; or

(b)

(b) attained the age of 50 years.

(4) The third condition is that the relevant body determines that the loss of employment is attributable to any provision of, or made under, the 1994 Act.

S-5 Computation of compensation

Computation of compensation

5. Not later than the material date a relevant body—

(a) shall determine to pay the compensation prescribed in regulation 6 to a person who meets the requirements of regulation 6(1);

(b) may determine to pay the compensation prescribed in regulation 7 to a person who meets the requirements of regulation 7(1);

(c) may, subject to regulation 8(3), determine to pay the compensation prescribed in regulation 8 to a person who meets the requirements of regulation 8(1); and

(d) may, subject to regulation 8(3), determine to pay the compensation prescribed in regulation 9 to a person to whom regulation 7 or 8 applies.

S-6 General mandatory compensation

General mandatory compensation

6.—(1) This regulation applies to a person to whom this Part applies and who on the material date—

(a)

(a) has attained the age of 18 years but has not attained the age of 50 years and who is entitled to count reckonable service amounting to not less than 2 years; or

(b)

(b) has attained the age of 50 years and who is entitled to count reckonable service amounting to less than 2 years.

(2) The compensation which a relevant body shall determine to pay under regulation 5(a) shall be the lesser of—

(a)

(a) a sum equivalent to 66 weeks' remuneration; or

(b)

(b) the relevant aggregate sum referred to in paragraph (3) or (4) below.

(3) In the case of cessation of employment before the attainment of age 23, the relevant aggregate sum shall be—

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