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

JurisdictionUK Non-devolved
CitationSI 1995/840

1995No. 840 (S.73)

LOCAL GOVERNMENT, SCOTLAND

EDUCATION, SCOTLAND

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

20thMarch1995

22ndMarch1995

6thApril1995

The Secretary of State, in exercise of the powers conferred on him by section 24 of the Superannuation Act 1972 ( a) and of all other powers enabling him in that behalf, and with the consent of the Treasury ( b), hereby makes the following Regulations:

PART I

GENERAL

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.

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 1994 ( c);

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

"pensionable employment " has the same meaning as in the Superannuation Regulations;

(a) 1972 c.11.

(b) This function was transferred to the Treasury by S.I. 1981/1670.

(c) S.I. 1994/3068; amended by S.I. 1995/340.

"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 1973 ( a); or(b) an authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ( b);

"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 1992 ( c);

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

"the 1980 Regulations " means the Teachers' (Compensation for Premature Retirement) (Scotland) Regulations 1980 ( d).

(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.

(a) 1973 c.65; to which no relevant amendments have been made.

(b) 1994 c.39.

(c) S.I. 1992/280, amended by S.I. 1992/1025 and 1597, 1993/490 and 2513 and 1994/1715 and 2699.

(d) S.I. 1980/1254; amended by S.I. 1982/918, 1984/845, 1986/412, 1992/1025 and 1597, 1993/490 and 2513.

PART II

COMPENSATION

Persons to whom this Part applies

3. This Part applies to an eligible employee who-

(a) ceases during the prescribed period to...

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