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Statutory Instruments
1994 No. 1059
EDUCATION, ENGLAND AND WALES
The Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1994
Made
12th April 1994
Laid before Parliament
13th April 1994
Coming into force
1st May 1994
Citation and commencement
1. 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.
Amendment
2. The Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989(3) shall be amended as follows.
Definitions
3. 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(4), or Chapter IV of Part I of the 1988 Act, for the purpose of conducting the school(5);".
Revelant employment
4. In regulation 3-“
(a)in paragraph (3) after "3" there shall be inserted "3A"(6) and after "5" there shall be inserted ", 5A"(7);
(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(8).".
Persons to whom the Regulations apply
5. 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,".
Compensation on death
6. In regulation 9(3) (short-“term compensation on death) for "16(4)" there shall be substituted "16(3)".
7. In regulation 10(7) (long-“term compensation on death) after the word "left" there shall be inserted the word "out".
8. 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
| Category | Person entitled to short-“term compensation | Duration of compensation (months) |
|---|---|---|
| 1 | Spouse or nominated beneficiary but with no child | 3 |
| 2 | Spouse or nominated beneficiary but with one child or more | 6 |
| 3 | No spouse or nominated beneficiary but one child or more | 6 |
(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."
Liability for compensation
9. In regulation 17(3)(a) and (5)(a) for "or G", there shall be substituted ", G or H".
Deciding and compensating authorities
10. In the first column of the table in Part I of the Schedule after "G", there shall be inserted ", H".
John Patten
Secretary of State for Education
30th March 1994
We consent
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty's Treasury
12th April 1994
Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989 ("the 1989 Regulations").
Regulation 5 amends regulation 4 of the 1989 Regulations to widen the categories of persons who can be "eligible teachers" for the purposes of Parts III to V of those Regulations. A person in part-“time employment who would have completed a qualifying period (within the meaning of regulation E3 of the Teachers' Superannuation (Consolidation) Regulations 1988 ("the Superannuation Regulations")) had he elected under regulation B2 of those Regulations for his employment to be treated as pensionable employment is now capable of being an "eligible teacher". A person must be an "eligible teacher" if he is to be eligible for compensation for premature retirement under the 1989 Regulations.
Certain consequential amendments are made to the 1989 Regulations to bring them into line with the Superannuation Regulations as amended. Other consequential amendments are made to reflect the introduction of grant-“maintained special schools, new methods of incorporation for the governing bodies of grant-“maintained schools and recent changes that have taken place within the further and higher education sectors. In particular, a new category H is introduced for relevant employment at an institution within the further education sector.