Regulation 4 Persons to whom the Regulations apply

(1)

Part II applies to any person who has become entitled to a redundancy payment under Part XI of the Employment Rights Act 1996 in consequence of his having ceased to be employed in relevant employment.

(2)

Part III applies to any person who has ceased on or after 1st April 1997 to be employed in relevant employment by reason of his redundancy or in the interests of the efficient discharge of his employer’s functions, and who is not entitled to payment of retirement benefits under regulation E4(2) to (7)^f1 of the Superannuation Regulations.

(3)

Part IV applies as stated in the regulations in that Part.

(4)

Parts V and VI apply to eligible teachers.

(5)

Part VII applies to eligible teachers and persons to whom Part IV applies.

(6)

An eligible teacher is a person—

(a)

who immediately before the material date was employed in relevant employment,

(b)

who has not received or is not to receive compensation under Part III (discretionary compensation for termination), and

(c)

in relation to whom the conditions in paragraph (7) are satisfied.

(7)

The conditions are that—

(a)

when his employment was terminated he had attained the age of 50 but had not attained the age of 65,

(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 B1(4) of the Superannuation Regulations^f2,

(c)

he did not become entitled to payment of retirement benefits under Case E in regulation E4(6) of those Regulations (incapacity),

(d)

he is not entitled to have his case considered or considered further for the payment of long-term or retirement compensation under the Colleges of Education (Compensation) Regulations 1975^f3 (whether or not by way of review under regulation 32 of those Regulations) in respect of that termination of employment, and

(e)

the former employer has notified the Secretary of State in writing that—

(i)

the employment was terminated by reason of his redundancy or in the interests of the efficient discharge of the employer’s functions, and

(ii)

in the case of a person who has not attained the age of 60 the employer has agreed that he should be entitled to retirement benefits under Case F in regulation E4(7) of the Superannuation Regulations (premature retirement)^f4.

(8)

Where—

(a)

the former employment fell within category A, and

(b)

the former employer is the local education authority, and

(c)

the governing body of the school or institution requests the authority to do so, the authority must notify the Secretary of State as mentioned in paragraph (7)(e).

Annotations

Footnotes

f1: Regulation E4(6) and (7) were substituted by S.I. 1997/312.
f2: Regulation B1(4) was substituted by S.I. 1995/2004.
f3: S.I. 1975/1092, amended by S.I. 1981/1088.
f4: Regulation E4(7) was substituted by S.I. 1997/312.