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The Teachers’ (Compensation for Redundancy and Premature Retirement) Regulations (Northern Ireland) 2010

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Cessation of new employment

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19.—(1) This regulation applies where—

(a)a credited teacher has ceased to be in new employment, other than employment in comparable British service; and

(b)the condition in paragraph (2) is satisfied.

(2) The condition is that A+B+(C-D)+E exceeds F, where—

A is his effective service,

B is any period, after the material date and before the earlier of the cessation of the new employment and his 65th birthday, which he is entitled, or would have been entitled if the new employment had been pensionable employment, to count as reckonable service,

C is the credited period,

D is any period by reference to which a previous reduction was calculated under paragraph (3),

E is any period of additional service, or increase in his period of service, falling within paragraph 1 of Part 3 of Schedule 1, and

F is what his effective reckonable service would be on the assumption that his former employment was pensionable employment and continued until his 65th birthday.

(3) The full rate of his annual compensation payable under regulation 12 is to be reduced by—

where—

  • G is whichever is the shortest of B, or (C-D), or the excess of A+ B+ (C-D)+ E over F, and

  • H is the smaller of his average salary in his former employment and the amount specified in paragraph (4).

(4) The amount is—

where—

  • J is his average salary in his new employment, and

  • K is the amount by which an official pension within the meaning of the 1971 Act would, by the day after the cessation of the new employment, have been increased if it had begun, and first qualified for increases under that Act, on the day after the material date and had then been payable at an annual rate of £100.

(5) For the purposes of paragraph (3) the full rate of his annual compensation payable under regulation 12 is the rate at which it would be payable if no account were taken of any suspension or reduction under regulation 16 (termination payments) or 17 (periodic payments), and any reduction required by a previous application of this regulation.

(6) For the purposes of paragraphs (3) and (4) regulation E31 of the Superannuation Regulations (average salary) is in every case to be construed as if the former employment and the new employment were pensionable employment.

(7) The total amount of annual compensation payable under regulation 12 is to be reduced by three times the reduction under paragraph (3) in its full rate, and payment is to be suspended until the reduction required by this paragraph has been achieved.

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