SCHEDULE 7E+W+SRetirement benefits

Case D: premature retirementE+W+S

7.—(1) A person (P) falls within this paragraph if—

(a)P ceases to be in pensionable or excluded employment because P's employment is terminated by reason of P's redundancy or in the interests of the efficient discharge of P's employer's functions,

(b)P is 55 or over on the date when P falls within paragraph (a),

(c)P's employer gives written notice to the Secretary of State stating that—

(i)P's employment was terminated by reason of P's redundancy or in the interests of the efficient discharge of the employer's functions, and

(ii)the employer agrees that retirement benefits should become payable to P by virtue of P falling within this paragraph (as a result of which P will become entitled to lump sum and annual compensation under [F1regulation 9 of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 2015]),

(d)P receives no compensation under Part 3 of those Regulations as a result of the termination of the employment, and

(e)P makes an application under regulation 107 for retirement benefits on the basis that Case D, and no other Case (apart from Case A), applies to P's reckonable service.

(2) Where P's employment falls within category A (as defined by [F2regulation 34(1) of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 2015]) and the governing body of the school or institution mentioned in that provision requests the local authority to do so, the authority must notify the Secretary of State as mentioned in sub-paragraph (1)(c).

Textual Amendments