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

Teachers to whom Part II applies

3.—(1) Part II shall apply to a teacher who–

(a) on or after the date specified in paragraph (2) has ceased to hold employment of a kind specified in paragraph (3) with an employing authority , where that authority has certified in writing to the Secretary of State that the teacher’s employment has been terminated by reason of his redundancy or in the interests of the efficient exercise of the employer’s functions; and

(b) on ceasing to hold that employment–

(i) had attained the age of 50 years but had not attained the age of 65 years; and

(ii) had completed qualifying service amounting to not less than 5 years; and

(c) is not entitled to have his case considered for the payment of compensation, in respect of loss of that employment, under regulations made under section 219 of the Local Government (Scotland) Act 1973(1) or any similar instrument.

(2) The date referred to in paragraph (1)(a) is–

(a) where the former employment was of the kind specified in paragraph (3)(a), 1st April 1976;

(b) where the former employment was of the kind specified in paragraph (3)(b), 6th April 1988;

(c) where the former employment was of the kind specified in paragraph (3)(c), 1st November 1993.

(3) The kinds of employment referred to in paragraph (1)(a) are–

(a) pensionable employment;

(b) employment which would have been pensionable employment but for an election under regulation B6 of the Superannuation Regulations; and

(c) employment as a part-time teacher which would have been pensionable employment if an election under regulation B2 of those Regulations had had effect.

(4) In paragraph (1)(b)(ii) “qualifying service” means effective service, except that where a teacher has spent one or more periods in part-time service the whole of each such period shall be counted as if it were qualifying service.

(1)

1973 c. 65; section 219 was repealed by the Local Government and Planning (Scotland) Act 1982 (c. 43), Schedule 4, Part I.