The Teachers (Compensation for Redundancy and Premature Retirement) Regulations 2015

Regulation 17(2)

SCHEDULE 1 Previous compensation

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

(a) retirement compensation under regulations made under section 259 of the Local Government Act(1) on account of loss of employment;

(b) benefit under regulations made under section 260 of the Local Government Act1972;

(c) compensation under any scheme made under section 1 of the Superannuation Act 1972(2) on account of C’s retirement in the public interest, or for loss of office;

(d) compensation under these Regulations or any regulations made under section 24 of the Superannuation Act 1972(3) on account of the termination of C’s employment by reason of redundancy or in the interests of the efficient discharge of C’s employer’s functions;

(e) compensation under any contract or arrangement made before 31st August 1985 in the expectation that regulations would be made under that section providing for compensation for such termination of employment.

2.  The period to be deducted, if paragraph 1 applies, from the first period mentioned in regulation 17(3)(a) is A – B – C, where—

A is the period with which C has been credited, or by which C’s 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;

C is the aggregate of any periods falling between the cessation of employment that gave rise to A and the material date during which C was neither in pensionable employment nor in employment which would have been pensionable employment but for an election under regulation 9 of the 2010 Regulations or regulation 28 or 31 of the 2014 Regulations.

Regulation 33

SCHEDULE 2 Deciding and compensating authorities

Table

Employment category	Deciding authority	Compensating authority
A	Governing body	Local authority
B	Local authority	Local authority
C	Academy trust	Academy trust
D	Function provider	Function provider
E	Governing body	Governing body

Regulation 41

SCHEDULE 3 Modified application in relation to persons entitled to admitted service benefits

1.  A person who is entitled to an annual pension in respect of admitted service and to whom regulation 81(4) of the 2010 Regulations applies by virtue of Case D applying to the person’s reckonable service is entitled to annual compensation and to lump sum compensation under this Schedule.

2.  The rate of annual compensation is the difference between the rate of annual pension in respect of admitted service if calculated in accordance with regulation 81(2)(a) of the 2010 Regulations without any reduction under paragraph (4) of that regulation and the actual rate of annual pension.

3.  The amount of lump sum compensation is the amount by which the lump sum in respect of admitted service is reduced by virtue of regulation 81 of the 2010 Regulations.

4.  Regulations 35, 36, 37, 38, 39 and 40 are to apply in relation to compensation payable under this Schedule as they apply in relation to compensation payable under regulation 9.

Regulation 44(1)

SCHEDULE 4 Revocations

Regulations revoked	References	Extent of revocation
The Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997	S.I. 1997/311	The whole Regulations
The Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1998	S.I. 1998/2256	The whole Regulations
The Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1999	S.I. 1999/608	The whole Regulations
The Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 2000	S.I. 2000/664	The whole Regulations
The Teachers’ Pensions (Amendment) Regulations 2005	S.I. 2005/2198	Regulations 5, 6 and 7
The Teachers Pensions (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 2006	S.I. 2006/2216	The whole Regulations
The Teachers’ Pensions etc (Reform Amendments) Regulations 2006	S.I. 2006/3122	Regulation 2(2) Schedule 2
The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010	S.I. 2010/1172	Paragraph 29 of Schedule 3
The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014	S.I. 2014/107	Paragraph 23 of Schedule 1

(1)

1972 c. 70; section 259 was amended by the Local Government Act 1974 (c. 7), section 39.

(2)

1972 c. 11; there are amendments to section 1 which are not relevant to these Regulations.

(3)

There are amendments to section 24 which are not relevant to these Regulations.