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

SCHEDULES.

Regulations 11(1), 19(2) and 20(2)

SCHEDULE 1 PART 1

DECIDING AND COMPENSATING AUTHORITIES

(1) Employment Category	(2) Deciding Authority	(3) Compensating Authority
A	the Board of Governors;	the appropriate board
B	in the case of controlled schools, the appropriate board; in the case of Catholic maintained schools, the Council;	the appropriate board the appropriate board
C	in the case of voluntary grammar schools, and grant maintained integrated schools, the Board of Governors; in the case of voluntary primary schools which are not maintained, the manager in the case of institutions of further education, the governing body;	the Department the Department the governing body
D	in the case of controlled schools, the appropriate board; in the case of Catholic maintained schools, the Council; in the case of a maintained school (other than a Catholic maintained or grant-maintained integrated school); the Board of Governors.	the Department the Department the Department
E	in the case of controlled schools, the appropriate board; in the case of Catholic maintained schools, the Council;	the Department the Department
F	the employing authority;	the Department

PART 2

1.  For the purposes of this Part a person’s relevant service is so much of his effective reckonable service as does not consist of periods that count by virtue of regulation D3 of the Superannuation Regulations (past period for which additional contributions have been paid).

2.  Where the former employment has been terminated in the interests of the efficient discharge of the employer’s functions the maximum period of service which may be credited to the teacher is set out in column (2) of the table according to the teacher’s relevant service.

Relevant Service (1)	Maximum period of service which may be credited (2)
5 to 12 years	1 year
13 to 20 years	2 years
21 to 28 years	3 years
at least 29 years	4 years

3.  Where the former employment has been terminated by reason of redundancy the maximum period of service which may be credited to the teacher is set out in column (2) of the table according to the teacher’s relevant service.

Relevant Service (1)	Maximum period of service which may be credited (2)
5 to 8 years	1 year
9 to 12 years	2 years
13 to 16 years	3 years
17 to 20 years	4 years
21 to 24 years	5 years
25 to 28 years	6 years
29 years or over	6 2/3 years

PART 3

PREVIOUS COMPENSATION

1.—(1) This paragraph applies where, before the cessation of his former employment, a credited teacher has been credited with a period of additional service, or has had his period of service increased, for the purpose of calculating—

(a) retirement compensation under regulations made under section 137 of the Local Government (Northern Ireland) Act 1972(1) (compensation for loss of office) on account of loss of employment; or

(b) benefit under regulations made under section 3 of that Act (early retirement in lieu of compensation for loss of office); or

(c) compensation under any scheme made under Article 3 of the Superannuation (Northern Ireland) Order 1972(2) (civil servants, etc.) on account of his retirement in the public interest, or for loss of office; or

(d) compensation under these Regulations or any other regulations made under Article 19 of that Order (loss of office, etc.) on account of the termination of his employment by reason of redundancy or in the interests of the efficient discharge of his employer’s functions; or

(2) Any reference in sub-paragraph (1) to instruments made under a specified enactment includes a reference to any instrument made under any enactment to the like effect, whenever enacted.

2.  The period to be deducted, where paragraph 1 applies, from the first period mentioned in regulation 11(1)(b) is A - B - C, where —

A is the period with which he has been credited, or by which his service has been increased, as mentioned in paragraph 1,

B is any period by which A has been reduced in consequence of the cessation of subsequent employment, and

C is the aggregate of any periods falling between the cessation of employment that gave rise to A and the material date during which he was neither in pensionable employment nor in employment which would have been pensionable employment but for an election under regulation B6 of the Superannuation Regulations.

Regulation 27

SCHEDULE 2 MANDATORY COMPENSATION IN RELATION TO ADMITTED SERVICE

1.  A person who is entitled to an annual pension in respect of admitted service and to whom paragraph 28A of Part IV of Schedule 10 (admitted service) to the Superannuation Regulations applies (actuarial reductions on premature retirement) is entitled to annual compensation and to lump sum compensation under this Schedule.

2.  The rate of the annual compensation is the difference between the rate of the annual pension in respect of admitted service if calculated in accordance with paragraph 29A of that Part and the rate if calculated in accordance with paragraph 29 of that Part.

3.  The amount of the lump sum compensation is the amount, if any, calculated in accordance with the said paragraph 29A by which the lump sum in respect of admitted service is reduced.

4.  Regulations 20 (liability for compensation), 21 (arrangements for payment), 23 (notification), 24 (supply of information), 25 (payment of compensation) and 26 (compensation not assignable) shall apply in relation to compensation payable under this Schedule as they apply in relation to compensation payable under regulation 7.

(1)

1972 C.9 (N.I)

(2)

S.I. 1972/1073 (N.I. 10)