Regulation E16 Retiring allowances on cessation of further employment

–

(1)

This regulation applies to a teacher who–

(a)

became entitled to payment of a retirement pension (“the first pension”);

(b)

was subsequently in pensionable employment (“the further employment”); and

(c)

has ceased to be in the further employment.

(2)

Subject to paragraph (3), if the first pension was not enhanced under regulation E9 (incapacity) the teacher–

(a)

ceases to be entitled to payment of the first pension; and

(b)

becomes entitled to payment of retiring allowances (“combined benefits”) calculated, subject to paragraph (9), by reference to the total of his reckonable service in the further employment and the reckonable service taken into account in calculating the first pension.

(3)

If the pensionable salary by reference to which combined benefits would fall to be calculated is less than that by reference to which the first pension was calculated, he–

(a)

remains entitled to the first pension; and

(b)

subject to paragraph (8), becomes entitled to payment of retiring allowances calculated by reference to his reckonable service in the further employment.

(4)

Subject to paragraph (8), if the first pension was enhanced under regulation E9, he becomes entitled to payment of the first pension and of additional retiring allowances in respect of the further employment.

(5)

The additional retiring allowances shall be calculated–

(a)

in respect of pensionable employment before attaining the age of 60, as if regulation E9 had applied and the further employment had begun when he became entitled to payment of the first pension; and

(b)

in respect of other pensionable employment, in accordance with regulations E6 and E7,

but the additional retirement lump sum shall be subject to reduction under paragraph (9).

(6)

For the purposes of paragraphs (2)(b) and (3)(a), the amount of any retirement pension shall be taken to be the amount before any allocation under regulation E12.

(7)

If, in the application of regulation E9 to the calculation of the first pension, the appropriate period was Period B, paragraph (5)(a) applies with the substitution for “60” of “65”.

(8)

If the teacher ceased to be in the further employment before attaining the age of 60 and neither regulation E5(1)(e) (incapacity) nor regulation E5(1)(f) (redundancy, etc.) applied, he shall not become entitled to payment of retirement benefits under paragraph (3)(b) or (4) until he attains that age.

(9)

A retirement lump sum payable under paragraph (2)(b), and an additional retirement lump sum payable under paragraph (4), shall be reduced by the amount of the retirement lump sum to which the teacher became entitled when he became entitled to payment of the first pension and of any lump sum to which he had previously become entitled under this regulation.