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

Adults' long-term compensation

8.—(1) This regulation applies where a designated teacher dies and a long-term pension–

(a) becomes payable under regulation E25 of the Superannuation Regulations; or

(b) would have become so payable but for an election under regulation B6 of those Regulations; or

(c) would have become so payable if an election under regulation B2 of those Regulations had had effect at any time in relation to any employment of the designated teacher as a part-time teacher.

(2) Subject to regulation 10, where this regulation applies long-term compensation shall be paid to, or as the case may be for the benefit of, every person who became or would have become entitled to payment of a long-term pension.

(3) Subject to paragraph (4), the rate of the long-term compensation is one half of the rate at which the annual compensation would have been payable to the designated teacher immediately before his death if no account had been taken of any allocation under regulation 6 or any reduction under regulation 11, 12 or (insofar as concerns a reduction under paragraph 7 of Schedule 4) 14(2).

(4) If at the time of his death the designated teacher was in new employment in which he was in pensionable employment, he is for the purposes of paragraph (3) to be treated as if he had ceased to be in that employment immediately before his death and as if regulation 14(2) had accordingly applied.