Teachers' (Compensation for Premature Retirement) (Scotland) Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1254 |
| Year | 1980 |
1980 No. 1254 (S. 98)
EDUCATION, SCOTLAND
The Teachers' (Compensation for Premature Retirement) (Scotland) Regulations 198012thAugust 1980
29thAugust 1980
19thSeptember 1980
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
1. Citation and commencement.
2. Interpretation.
3. Definitions.
4. Teachers to whom the regulations apply.
5. Discretion to credit an additional period of service.
PART II
COMPENSATION
6. Lump sum compensation and annual compensation.
7. Allocation of part of annual compensation.
8. Short-term compensation.
9. Widow's or adult nominated beneficiary's long-term compensation.
10. Children's long-term compensation.
11. Payment of compensation under regulations 8, 9 and 10.
PART III
ADJUSTMENT
12. Adjustment of compensation to take account of redundancy payments.
13. Other payments.
14. New employment.
15. Cessation of new employment.
PART IV
MISCELLANEOUS AND SUPPLEMENTAL
16. Notification of compensation.
17. Supply of information.
18. Procedure for payment of compensation.
19. Paying authority.
SCHEDULES
1. Other entitlement.
2. Adjustment on account of redundancy payments.
3. Adjustment on account of new employment.
In exercise of the powers conferred on me by section 24 of the Superannuation Act 1972(a) and of all other powers enabling me in that behalf, I hereby with the consent of the Minister for the Civil Service make the following regulations:—
PART I
GENERAL
Citation and commencement
1. These regulations may be cited as the Teachers' (Compensation for Premature Retirement) (Scotland) Regulations 1980 and shall come into operation on 19th September 1980.
(a) 1972 c. 11.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires, any reference to a regulation or to a Schedule shall be construed as a reference to a regulation contained in, or to a Schedule to, these regulations, as the case may be, any reference to a paragraph shall be construed as a reference to a paragraph in the same regulation or Schedule, as the case may be and any reference to a sub-paragraph shall be construed as a reference to a sub-paragraph contained in the same paragraph.
(2) Any reference to the annual rate of compensation payable to a designated teacher immediately before the date of his death shall, if he died before he had been credited with an additional period of service under regulation 5, include a reference to the annual rate of compensation which would have been payable if he had been so credited before his death.
Definitions
3. In these regulations, unless the context otherwise requires—
"annual pension", "comparable British service", "disqualifying income", "local authority", "pensionable salary", "previous provisions", "regular employment", "retiring allowance" and "salary" have the same respective meanings as in the Superannuation Regulations;
"child", in relation to a designated teacher, includes an illegitimate child, a child accepted as a member of his family or a child who is a nominated beneficiary, who is wholly or mainly dependent on him and has not attained the age of 17 years or, having attained the age of 17 years, is receiving full-time education or attending a course of not less than two years' full-time training for a trade, profession or calling but does not include a person who is married nor a person who is for the time being in receipt of a disqualifying income; and a person who is incapacitated on the date when by virtue of this definition he would otherwise cease to be a child shall be treated as being a child for so long as that incapacity persists;
"designated teacher" means an eligible teacher who has been credited (whether before or after his death) with an additional period of service under regulation 5;
"eligible teacher" means a teacher who is described in regulation 4;
"employing authority", in relation to a teacher, means the local authority whose employment of that teacher ceased as described in regulation 4(a);
"enactment" includes any instrument made under an Act;
"former employment" in relation to an eligible teacher or a designated teacher means the employment which ceased as described in regulation 4(a);
"incapacitated", in relation to any person, means incapacitated during any period in which he is in the opinion of the employing authority incapable by reason of infirmity of mind or body of earning his livelihood and he is not maintained out of moneys provided by Parliament or raised by the rates levied by local authorities;
"instrument" includes an Order in Council, regulation, order, rule, scheme, direction or agreement;
"material date", in relation to an eligible teacher or a designated teacher, means the date upon which he ceased to hold his former employment;
"new employment", in relation to a designated teacher, means employment mentioned in regulation 60(1) of the Superannuation Regulations which he enters after the material date;
"nominated beneficiary", in relation to a deceased designated teacher, means a person nominated by him at the material date under regulation 65 of the Superannuation Regulations but does not include—
(a) a person whose nomination has become void under paragraph (2) or that regulation; or
(b) an incapacitated child on his ceasing to be a child;
"occupational pension", in relation to an eligible teacher, means payments (other than lump sum payments) made in accordance with any contract, scheme or arrangement associated with his employment (whether or not as a teacher) for the payment of superannuation benefits;
"reckonable service", in relation to a teacher, means the period of service which, in terms of regulation 49(2) of the Superannuation Regulations is reckonable (at the length therein prescribed) for the purpose of calculating any benefit payable to him under those regulations;
"teacher" means a person who on the material date was in reckonable service;
"the Superannuation Regulations" means the Teachers' Superannuation (Scotland) Regulations 1977 to 1980 (a); and
"widow" means the wife of a deceased designated teacher but does not include a woman who married him after the material date.
Teachers to whom the regulations apply
4. Subject to the provisions of regulation 5, these regulations shall apply to a teacher who—
(a) on or after 1st April 1976, ceases to hold his employment with an employing authority by reason of redundancy or in the interests of the efficient exercise of that authority's functions, and in relation to whom that authority have provided the Secretary of State with a certificate in accordance with regulation 46(2)(c) of the Superannuation Regulations;
(b) on ceasing to hold that employment—
(i) has attained the age of 50 years but has not attained the age of 65 years, and
(ii) is entitled in terms of regulation 46 of the Superannuation Regulations to receive a retiring allowance, and
(c) is not entitled to have his case considered for the payment of compensation, in respect of loss of that employment, under any instrument within the meaning of Part I of Schedule I.
(a) S.I. 1977/1360; S.I. 1977/1808; S.I. 1978/1507; S.I. 1980/344.
Discretion to credit an additional period of service
5. Subject as hereafter in these regulations provided, an employing authority may, in their discretion, within six months after the date upon which these regulations come into effect or the material date, whichever is the later, credit an eligible teacher with an additional period of service not exceeding the shortest of the following periods—
(a) a period which, when added to his reckonable service and any period in respect of which he has become (or on attaining some greater age will become) entitled to an occupational pension, does not in aggregate exceed 40 years;
(b) a period equal to the period beginning with the day following the material date and ending with the day immediately preceding the day on which he attains the age of 65 years, less any period of residual entitlement which he has to his credit (as described in Part II of Schedule 1);
(c) a period equivalent to his reckonable service; or
(d) a period of 10 years.
PART II
COMPENSATION
Lump sum compensation and annual compensation
6.—(1) Subject as hereafter in these regulations provided, a designated teacher shall on ceasing to hold his former employment be entitled to receive—
(a) lump sum compensation equal to the amount by which the lump sum he is entitled to receive under the Superannuation Regulations would be increased in accordance with those regulations if a period, equal to the period with which he is credited under regulation 5, were added to his reckonable service after 30 September 1956; and
(b) annual compensation at a rate equal to the rate by which the annual pension he is entitled to receive under the Superannuation Regulations would be increased in accordance with those regulations if a period, equal to the period with which he is credited under regulation 5, were added to his reckonable service.
(2) In this regulation reference to entitlement under the Superannuation Regulations means entitlement by virtue of regulation 46(2)(c) of those regulations.
Allocation of part of annual compensation
7.—(1) This regulation shall apply to a designated teacher who—
(a) has, in accordance with regulation 53 of the Superannuation Regulations, by declaration allocated a part of the annual pension to which, on ceasing to hold his former employment, he would otherwise be entitled; and
(b) not later than one month after receiving, under regulation 16, written notification of the amount of his annual compensation has given notice to his employing authority that he desires this regulation to apply to him.
(2) A designated teacher to whom this regulation applies shall be entitled by declaration to allocate such part of his annual compensation as is described in paragraph (3), on the like terms and conditions and for the like consideration as if his annual compensation were an annual pension to which he had become entitled...
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