# The Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations revoke and replace the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1985 (“the 1985 Regulations”). In many respects their effect is the same as that of the 1985 Regulations. The following are the main changes.
The premature retirement provisions of the 1985 Regulations applied only where the employment terminated was pensionable under regulations made under section 9 of the Superannuation Act 1972 (superannuation of teachers). Since 6th April 1988 the section 9 regulations (later consolidated in the Teachers' Superannuation (Consolidation) Regulations 1988) have, in compliance with section 15 of the Social Security Act 1986 (c. 50), permitted employees who would otherwise have been pensionable to elect not to be so. The premature retirement provisions of these Regulations apply in relation to former employees who had so elected as well as to ones who were pensionable (regulations 3(2), (3), 4(2), (3), 9(1)(b), 10(1)(b)).
Premature retirement compensation under the 1985 Regulations fell to be calculated in all cases by reference to the superannuation benefits to which the former employee was entitled, and a notional addition to his reckonable service, under section 9 regulations. These Regulations provide for the calculation to be made by reference to notional benefits, and wholly notional reckonable service, where he had elected not to be pensionable (regulation 7(2)–(5), with regulation 6(2)).
Under the 1985 Regulations the decision whether to award premature retirement compensation fell to be made by the authority who would become liable to pay it (in most cases, the contractual employer). The new financial arrangements for schools and institutions made by the Education Reform Act 1988 are reflected in regulations 6(1) and 17(1) and (2) of these Regulations, with regulation 3(7) and Part I of the Schedule; the deciding and paying authorities are not in all cases the same.
Regulation 17(3)–(5) makes more comprehensive provision than was made in the 1985 Regulations for the devolution of liability to pay compensation in the event of the original authority’s ceasing to exist, and regulation 17(6) enables the Secretary of State to recover compensation paid by him from the governing body where the employment was at a grant-maintained school.
Regulation 18(1) extends the range of persons with whom a compensating authority may make arrangements for the payment of compensation, and regulation 18(2) enables the parties to such arrangements to agree that reimbursement of payments made is to be compounded.

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Source: https://www.legislation.gov.uk/uksi/1989/298/note (the official version)
Page: https://openlegislation.uk/teachers-compensation-for-redundancy-and-premature-retirement-regulations-1989/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.