Regulation 5 Compensation for redundancy

in paragraph (1), for sub-paragraphs (b) and (c) substitute the following–

“(b)

in respect of that loss of employment is not disentitled to a redundancy payment under Part XI of the Employment Rights Act 1996^f1 by virtue of section 197(3) of that Act (agreements to exclude rights to redundancy payments on expiry of short fixed term contracts) and either–

(i)

is not eligible to benefit under Part III; or

(ii)

is eligible but has not been granted a credited period under regulation 8 by his LGPS employer;

(c)

has attained the age of 18 on the material date and, unless he has attained the age of 50 on that date, is entitled to count a qualifying employment of at least 2 years;”;

in paragraph (1), after sub-paragraph (d), add–

“;

(e)

on the material date has a total period of membership of 40 years or less; and

(f)

has not attained the age of 65 on that date.”;

in paragraph (3), at the end, after sub-paragraph (d), add–

“;

but no person may be paid compensation under this regulation in respect of the cessation of an employment in respect of which an additional period of membership may be counted under regulation 52 of the LGPS Regulations”; and

after paragraph (3), add as a new paragraph–

“(3A)

In any case, the maximum amount shall not exceed one week’s pay for each week (fractions of a week being disregarded) between the material date and the employee’s normal retirement date (or the date which would be his normal retirement date if he were a member of the Scheme).”.