# The Teachers' Superannuation (Scotland) Amendment Regulations 1997, Regulation 11: Entitlement to payment of retiring allowances


(1) In regulation E5–
(a) for sub-paragraph (1)(e) there shall be substituted the following:–
“(e) (i) has not attained the age of 60,
(ii) has ceased after 31st March 1972 to be in pensionable employment,
(iii) has become incapacitated,
(iv) in the case of a teacher registered or formerly registered with the General Teaching Council for Scotland and who has ceased after 31st March 1997 to be in pensionable employment, has not had his name removed from the Council’s register following a direction by the Council’s Disciplinary Committee and is not under an investigation which might result in such removal, and
(v) in any other case, where he has ceased after 31st March 1997 to be in pensionable employment, and has not ceased to be in pensionable employment as a result of dismissal on grounds of misconduct.”;
(b) for sub-paragraph (1)(f)(iii) there shall be substituted the following:–
“(iii) has ceased after attaining that age to be in pensionable employment, or in excluded employment, or in employment which would have been pensionable employment had an election been made under regulation B2 (part-time service), and his employer has certified in writing to the Secretary of State that his employment has been terminated as a result of his redundancy or in the interests of the efficient exercise of the employer’s functions; and
(iv) has not received, and is not to receive, compensation under Part IIIA of the Teachers (Compensation for Premature Retirement and Redundancy) (Scotland) Regulations 1996 (discretionary compensation for termination) and his employer has agreed that he should become entitled to retirement allowances under this paragraph.”.

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Source: https://www.legislation.gov.uk/uksi/1997/676/regulation/11 (the official version)
Page: https://openlegislation.uk/teachers-superannuation-scotland-amendment-regulations-1997/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.