The Teachers (Compensation for Premature Retirement and Redundancy) (Scotland) Regulations 1996

Adjustment of compensation where a designated teacher has ceased to be in new employment

14.—(1) This regulation applies to a designated teacher who has ceased to hold a new employment.

(2) The annual compensation of a designated teacher to whom this regulation applies shall be reduced in the manner prescribed in Part II of Schedule 4, if the aggregate of

A + B + CexceedsD,

where–

• A is his effective service;

• B is any period of the new employment which he is entitled, or would have been entitled if the new employment had been pensionable employment and contributions had been paid in respect of it, to count as reckonable service;

• C is any period of residual entitlement which he has to his credit (as described in Part I of Schedule 2); and

• D is what his effective reckonable service would be if he held–

  (a)

  if sub-paragraph (b) or (c) does not apply, his former employment; or

  (b)

  if a period of extra service has been granted to him in respect of one cessation of employment which occurred before the material date, that employment; or

  (c)

  if a period of extra service has been granted to him in respect of more than one such cessation, the first such employment to cease,

  until he had attained the age of 65 years.

(3) For the purposes of paragraph (2), the reckonable service of a designated teacher shall include service which, but for this paragraph, would have ceased to be reckonable service by reason of a transfer value having been paid, as described in regulation F1 of the Superannuation Regulations.

(4) In this regulation–

(a) “annual compensation”, in relation to a designated teacher, means the annual compensation payable to him under regulation 5 adjusted as may be necessary in accordance with–

(i) regulations 6 and 11; and

(ii) if he has held a previous new employment, this regulation, in relation to that employment, but disregarding any reduction under paragraph 4 of Schedule 4;

(b) “period of extra service” has the meaning given in paragraph 5(b) of Schedule 2; and

(c) “previous new employment” means a new employment which ceased before cessation of the new employment referred to in paragraph (1).