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

Adjustment of compensation to take account of other payments

12.—(1) This regulation applies to a designated teacher who receives a termination payment on ceasing to hold his former employment.

(2) The lump sum compensation payable to a designated teacher to whom this regulation applies shall be reduced by the amount of the termination payment and, if the termination payment exceeds the lump sum compensation, the amount of the excess (hereinafter referred to as the “excess amount”) shall be dealt with in accordance with paragraph (3).

(3) Where there is an excess amount, the excess amount shall be deducted from the instalments of annual compensation as they accrue, so that no instalment becomes payable to the designated teacher until the aggregate of deductions from instalments equals the excess amount.

(4) In this regulation–

“annual compensation” means the annual compensation payable to a designated teacher under regulation 5, adjusted as may be necessary in accordance with regulations 6, 11 and 13(2) and (insofar as concerns a reduction under paragraph 4 of Schedule 4) 14(2);

“lump sum compensation” means the lump sum compensation payable to a designated teacher under regulation 5, adjusted as may be necessary in accordance with regulation 11; and

“termination payment” means, in relation to a designated teacher, the aggregate of any lump sum payments made to him by his employing authority, in consequence of or as compensation for the loss of his former employment, under an enactment (whenever enacted) or under a contract or arrangement with that authority, but does not include–

(a)

an excepted payment in relation to that employment, or

(b)

his lump sum compensation.