The Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1994

• Citation: S.I. 1994/1059
• Sections: 10

Section 1 Citation and commencement

These Regulations may be cited as the Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1994 and shall come into force on 1st May 1994.

Section 2 Amendment

The Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989 shall be amended as follows.

Section 3 Definitions

In regulation 2(2) there shall be inserted at the appropriate place in alphabetical order the following definition–

“grant–maintained school” means a school conducted by a governing body incorporated under Part II of the Education Act 1993 , or Chapter IV of Part I of the 1988 Act, for the purpose of conducting the school ;

Section 4 Revelant employment

In regulation 3–

(a) in paragraph (3) after “3” there shall be inserted “3A” and after “5” there shall be inserted “, 5A” ;

(b) in paragraph (4) for the words “school” to the end there shall be substituted the words “grant–maintained school”;

(c) in paragraph (5) after “5” there shall be inserted “or 5A”;

(d) in paragraph (7)(c) for the words “school” to the end there shall be substituted the words “grant–maintained school or grant–maintained special school”; and

(e) in paragraph (7) after sub–paragraph (g) there shall be inserted the following sub–paragraph–

(h) category H comprises relevant employment at an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 .

Section 5 Persons to whom the Regulations apply

In regulation 4 for sub–paragraph (b) of paragraph (4) there shall be substituted the following sub–paragraph–

(b)

(i) he then had completed a qualifying period, within the meaning of regulation E3 of the Superannuation Regulations, of at least 5 years, or

(ii) in the case of a person who was in full–time employment, he would have completed such a qualifying period if he had not made an election under regulation B6 of the Superannuation Regulations, or

(iii) in the case of a person who was in part–time employment, he would have completed such a qualifying period if he had made an election under regulation B2 of the Superannuation Regulations,

Section 6 Compensation on death

In regulation 9(3) (short–term compensation on death) for “16(4)” there shall be substituted “16(3)”.

Section 7 Compensation on death

In regulation 10(7) (long–term compensation on death) after the word “left” there shall be inserted the word “out”.

Section 8 Compensation on death

In regulation 11 (duration of compensation on death) for paragraph (1) there shall be substituted the following paragraphs–

(1) Subject to paragraphs (1A) and (4), a person’s short–term compensation under regulation 9 is payable from the day after that of the death, and the duration of the short–term compensation payable shall be ascertained from the table below.

TABLE

(1A) On the death of a spouse or nominated beneficiary before the termination of the short–term compensation payable under Category 2 of the table in paragraph (1), the balance of compensation is payable to the child or children as the case may be.

Section 9 Liability for compensation

In regulation 17(3)(a) and (5)(a) for “or G”, there shall be substituted “, G or H”.

Section 10 Deciding and compensating authorities

In the first column of the table in Part I of the Schedule after “G”, there shall be inserted “, H”.