THE PENSIONS (TEACHERS) ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Interpretation.
3. Pensions regulations.
-I. Pensions. etc.. to be paid out of Consolidatcd Fund.
5 . Pensions. etc.. not of right.
6. Circumstances in which pcnsion may bc granted.
7. Retirement in the public interest.
8. [Repealed hv Acf 3 1 of2002.1
9. Suspension of pensions. etc.. on re-enlployment.

10. Pcnsions. etc.. not to be assignable.
I I . Pension. etc.. to cease on bankruptcy.
12. Pensions. etc.. may cease on conviction.
13. Gmtuib on death in senice.

13A. Pensions and gratuities on death of teacher in the course of duty.
14. Death or injury owing to war conditions.
15. Application of Act.
16. Refund of past contributions.
17. Question under Act to be determined by Governor-General.
18. Governor-General to consult Public Service Commission.

SCHEDULE

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PENLYI(INS PEA ('HkX5> 3
CLp. 2118.

I a w u
22 uf 1 m .

THE PENSIONS (TEACHERS) ACT 27 or 199,
4s uf 1961.

Arts
51 uf 1975,

[21sf November, 19-17.] 22 ,,fly79,
24 uf 1 W .
i n uf 1 m ,
31 uf2UUZ.
21 uf2UU).

1. This Act may be cited as the Pensions (Teachers) Act. s h ~ t i t ~ c .
2.-(1) In this Act- Int~rpreta-

tion.

"teacher" means a person who has service in a teaching
capacity-
(a) in a secondary school;
(h) in a training college;

(c) in an elementary school; or
(4 in an institution approved by the Minister responsible ~s.lt>c,l

for education; s 2.
"teaching service" means-

((1) registered service as a teacher in this Island;
(h) other teaching service;

"other teaching service" means whole-time service in a teaching
capacity in an approved school;

"public service" means service in a civil capacity under the
Government of this Island or under the Kingston and St
Andrew Corporation or under a Parish Council, and any
such other service as the Minister responsible for the 1,'

149" 70
public service may determine to be public service for the
purpose of any provisions of this Act,

"registered service" means servlce entered in the registers in
accordance with the provisions of this Act,

"pensionable emoluments" means--

((1) in respect of teaching service in t h~s Island, salary, - 1 1 9 7 ~
\ 2 ( 5 ) responsibility remuneration, shift allowance and house I, ,,,),

allo\t ance. and \ ? ( h b

5111975
S. 2 (b).

(h) in respect of other teaching service, emoluments which
count for pension in accordance with the law or
regulations in force in such service;

"salary" means the regular monthly amount, excluding any
allowance, paid to a teacher with the authority of
government, or, where teaching service is undertaken in an
institution approved by the Minister responsible for
education, the regular monthly amount, excluding any
allowance paid to the teacher during such service;

"house allowance" means the house allowance which is granted
in respect of the post to which a teacher is appointed, but
does not include such allowance granted on condition that it
shall not be pensionable:

Provided that where a teacher is appointed to an ofice
in respect of which no house allowance is granted but that
teacher is provided with quarters, an amount equal to
fifteen per cent of the minimum salary of the ofice to
which the teacher is appointed shall, for the purposes of
this Act, be regarded as house allowance;

"responsibility remuneration" means an allowance in addition to
salary, paid to a teacher in respect of the assignment to him
of responsibility related, but additional, to his duties as a
teacher;

"secondary school" means a secondary school which is in
receipt of a grant under the Education Act;

"training college" means a training college operated under and
in accordance with the provisions of the Code of
Regulations made under the Education Act;

"elementary school" means any school operated under and in
accordance with the provisions of the Code of Regulations
made under the Education Act;

"approved school" means a school in the United Kingdom, or in
any Commonwealth country, other than this Island, in
relation to which the Governor-General is satisfied that

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PENSIONS (TEACHER$) 5

provision is made by law for the payment of pensions or
gratuities in respect of service in that school.

(2) The definition of “house allowance” in subsection 18/1998
s. 2 (c). (1) shall be deemed to have come into operation on the 1 st day

of January, 1986.

3.-(1) Pensions and gratuities may be granted by the Pensions
Governor-General, in accordance with the regulations contained ~~~~~
in the Schedule, to teachers who have been in teaching service in s. 2 (1).
this Island. Schedule.

(2) The regulations contained in the Schedule may from I..N.
1 4 9 m time to time be amended, added to, or revoked, by regulations

made by the Minister responsible for the public service, and all
regulations so made shall be laid before the House of
Representatives and published in the Gazette.

(3) Whenever the Minister responsible for the public
service is satisfied that it is equitable that any regulation made
under this section should have retrospective effect in order to
confer a benefit upon or remove a disability attaching to any
teacher that regulation may be given retrospective effect for that
purpose:

14Pm

Provided that no such regulation shall have retrospective
effect unless it has received the prior approval of the House of
Representatives signified by resolution.

(4) Any pension or gratuity granted under this Act shall
be computed in accordance with the provisions in force at the
actual date of a teacher’s retirement.

( 5 ) All regulations made under this section shall have the
same force and effect as ifthey were contained in the Schedule,
and the expression “this Act” shall, wherever it occurs in this
Act, be construed as including a reference to such Schedule.

6

Pensions. etc.
to be paid OUI
of Consoli-
dated Fund.

Pensions. ettc.
not of nght.

27 1958
S.2(1).

Circum-
stances in
uhich pen-
sion may be
granted.

27,1958

45/1961
s. 2.

s. 2 (1).

2711958
s. 3.
I 8; 1998
S. 3 (a).

1811998
S. 3 (b).
1811998
S.3 (b).

PENSIONS (TEACHERS)

4. There shall be charged on, and paid out of, the
Consolidated Fund all such sums of money as may from time to
time be granted by way of pension or gratuity in pursuance of
this Act.

5.-(1) No teacher shall have an absolute right to
compensation for past services or to pension or gratuity.

(2) Where it is established to the satisfaction of the
Governor-General that a teacher has been guilty of negligence,
irregularity, or misconduct, the pension or gratuity may be
reduced or altogether withheld.

6 . 4 1 ) No pension or gratuity shall be granted under this Act
to any teacher except on his retirement from teaching service
and unless-

he has attained the age of fifty-five years or over; or
in the case of transfer to other teaching service, he has
attained the age at which he is permitted by the law or
regulations of the teaching service in which he is last
employed to retire on pension or gratuity, or any
greater age; or

it is certified on medical evidence, to the satisfaction
of the Governor-General, that he is incapable by
reason of any infirmity of mind or body of continuing
efficiently in teaching service and that such infirmity
is likely to be permanent; or

in the case of teaching service in this Island, on
termination of employment in the public interest as
provided in this Act; or

on the abolition of his office; or
on compulsory retirement for the purpose of
facilitating improvement in the teaching service in

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PENSIONS (TEACHERS) 7

which he is employed, by which greater efficiency or economy
can be effected.

(2) For the avoidance of doubt it is declared that without
prejudice to the right of any teacher to retire from teaching
service on attaining the age of fifty-five years or at any time
thereafter, the normal age of retirement from teaching service
shall be sixty years.

7 4 1 ) If the Governor-General is satisfied, having regard to Retirenient in
the public the conditions of the teaching service, the useiklness of the Ultl3i%t. .

teacher thereto and all the other circumstances of the case, that it m i 9 5 8
is desirable in the public interest so to do, he may require any s.4.
teacher in teaching service in this Island to retire from such
teaching service.

(2) Where a teacher's service is terminated in accordance
with subsection (1) and a pension or gratuity cannot otherwise
be granted to him under the provisions of this Act, the
Governor-General may, if he thinks fit, grant such pension or
gratuity as he thinks just and proper, not exceeding in amount
that for which the teacher would be eligible if he retired in the
circumstances described in paragraph (iii) of subsection (1) of
section 6 and was not eligible for an additional pension under
regulation 22 of the Regulations contained in the Schedule: SchAle.

Provided that where a pension is granted it shall not
commence until such teacher has attained the age of fifty years
unless the Governor-General in any special case otherwise
directs.

8. [Repealed by Act 31 of 2002.1

8

Suspension of
psnsions. etc..
on re-
ernployrnsnt.

27 1958
Ss. 2(1). 6 .

Pensions. etc..
not to be
assignable.

45 1961
s. 2.

Pension etc..
lo craw on
halllwllptcy.

PENSIONS (TEACHER$

9. Where a teacher to whom a pension has been granted under
this Act is appointed to an office in the Public service or is re-
employed in teaching service, the payment of his pension, or any
part thereof, may with his consent, if the Governor-General
thinks fit, be suspended during the period of his appointment or
re-employment .

10. A pension or gratuity granted under this Act shall not be
assignable or transferable except for the purposes of satisfying-

(a) a debt due to the Government; or

(b ) a debt due to any of his employers in teaching service
which the Minister responsible for education is
satisfied arose out of such teaching service; or

(c) the order of any court for the payment of periodical
sums of money towards the maintenance of the wife,
or former wife, or minor child, of the teacher to whom
the pension or gratuity has been granted,

and shall not be liable to be attached, sequestered, or levied
upon, for or in respect of any debt or claim except a debt due to
the Government or to any of such employers.

11.--(1) Where any person to whom a pension has been
granted under this Act is adjudicated bankrupt or is declared
insolvent by judgment of any competent court, then such
pension shall forthwith cease.

(2) Where any person is adjudicated bankrupt or
declared insolvent by judgment of any competent court either-

(a) after retirement in circumstances in which he is
eligible for pension or gratuity under this Act, but
before the pension or gratuity is granted; or

PENSIONS (TEACHER.5,) 9

(b) before such retirement and he has not obtained his
discharge from bankruptcy or insolvency at the date of
retirement,

then in the former case any pension eventually granted to him
shall cease as from the date of adjudication or declaration (as the
case may be) and in the latter case the pension may be granted
but shall cease forthwith and not become payable, and in either
case the gratuity may be granted but shall not be paid to him.

(3) Where a pension ceases, or where any gratuity is not
paid, by reason of this section, it shall be lawhl for the
Governor-General, from time to time during the remainder of s,
such person's life, or during such shorter periods, either
continuous or discontinuous, as the Governor-General thinks fit, s, 2,
to direct all or any part of the moneys to which such person
would have been entitled by way of pension. or gratuity had he
not become bankrupt or insolvent to be paid to, or applied for,
the maintenance or benefit of all or any, to the exclusion of the
other or the others, of the following, that is to say, such person
and his wife, child or children, or such other dependents as the
Governor-Genera1 may determine, in such proportions and
manner as the Governor-General thinks proper, and such
moneys shall be paid or applied accordingly.

2711958
).

45/1361

(4) Moneys applied for the discbarge of the debts of
the person whose pension has ceased, or whose gratuity has
not been paid, by reason of this section, shall, for the
purposes of this section, be regarded as applied for his
benefit.

( 5 ) Where a person whose pension has ceased, or
whose gratuity has not been paid, by reason of this section,
obtains his discharge from bankruptcy or insolvency, it shall be Z ~ / ~ V S X
lawfbl for the Governor-General, to direct that the S.Z(I).
pension shall be restored and the gratuity, or so much S.Z.
thereof, if any, as remains after deducting any payments

45/1961

10 PENSIONS (TEACHERS)

Pensions. dc..
may cease on
wnviction.
27!1958
Ss. 2 (1). 7.
45;1%1
s. 2.

27,1958
s. 7.

2711958

45!1%1
s. 2.

s. 2 (1).

27 1958
S.2(1).
45 1961
s. 2.

made under subsection (3), paid as fiom the date of such
discharge or any later date, and the pension shall be restored,
and the gratuity or such remainder thereof, if any, paid
accordingly .

1 2 4 1 ) Where any person to whom a pension has been
granted under this Act is sentenced to death or a term of
imprisonment by any competent court for any offence, such
pension shall, if the Governor-General so directs, cease as tiom
such date as the Governor-General determines.

(2) Where any person is sentenced to death or a term
of imprisonment by any competent court for any offence
after retirement in circumstances in which he is eligible for
pension or gratuity under this Act but before the pension
or gratuity is granted, then-

(a) the provisions of subsection (1) shall apply as
respects any pension which may be granted to him;
and

(b) the Governor-General, may direct that any gratuity
which may be granted to him shall not be paid.

(3) Where a pension ceases, or a gratuity is not paid, by
reason of this section, it shall be lawhl for the Governor-
General to direct all or any part of the moneys to which such
teacher would have been entitled by way of pension or gratuity
but for the provisions of this section to be paid or applied in the
same manner in all respects as provided by section 11, and such
moneys shall be paid or applied accordingly.

(4) Where any person whose pension ceases, or whose
gratuity is not paid, by reason of this section, after conviction at
any time receives a free pardon, the pension shall be restored

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(3) A teacher who dies as a result of injuries received
while travelling by air in pursuance of official instructions shall
be deemed to have died in the circumstances detailed in
paragraphs (a) and (c) of subsection (1).

(4) In making an award under this section, the
Governor-General may take into account, in such manner and to
such extent as he may think fit against any award made under
this section-

(a) any damages that he is satisfied have been or will be
recovered by the dependants of a deceased teacher
consequent on the injury to the teacher which resulted
in his death; and

( h ) any benefits that have been or may be awarded to such
dependants under the Workmen's Compensation Act
or the National Insurance Act in respect of such injury
consequent upon the death of the teacher,

and withhold or reduce the award accordingly

(5) Nothing in this section shall authorize the making of
an award where the date on which an injury is sustained is more
than seven years prior to the date of the teacher's death.

(6) Where the Governor-General is satisfied that the
death of the teacher resulted from the infliction of injuries
which, although not inflicted upon him while he was acting in
the execution of his duty, were nevertheless inflicted upon him
wholly or mainly because he was in the teaching service of this
Island, it shall be lawful for the Governor-General to grant to the
dependants of that teacher, pensions and gratuities as if his death
had occurred in the circumstances described in paragraphs (u).
( 6 ) and (c) of subsection ( 1 ).

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12.02 PENSIONS (TEACHERS)

Death or 14. Where a teacher in teaching service in this Island is
injury owing
to war proceeding by a route approved by the Governor-General to or
conditions. from this Island at the commencement or termination of his

service therein, or of a period of duty leave, or leave therefrom,
dies or is permanently injured as the result of damage to the
vessel, aircraft, or vehicle, in which he is travelling, or of any act
of violence directed against such vessel, aircraft, or vehicle, and
the Governor-General is satisfied that such damage or act is
attributable to circumstances arising out of any war in which Her
Majesty may be engaged, such teacher shall be deemed to have
died or to have been injured (as the case may be) as the result of
injuries received-

2711958 (a) in the actual discharge of his duty; and
S. 9.

(h) in circumstances in which the injury is not wholly or
mainly due to, or seriously aggravated by, his own
serious and culpable negligence or misconduct; and

(c) on account of circumstances specifically attributable to
the nature of his duty.

Application of
Act.

27 1958
s. 10 ( I )
(a). (b).

15.-41) The provisions of this Act shall apply-

(i) to every teacher tirst appointed to teaching
this Island-

service in

(a) after the commencement of this Act; or
[The inclusion of this page is authorized by L.N. 87120041

PENSIONS (TEACHEfi] 13

(b) before the commencement of this Act to whom
it was intimated before such appointment that
he would be liable to be affected by any change
in the Pensions Law relating to him; and

(ii) to every other teacher so appointed prior to the
commencement of this Act who has any teaching
service or public service subsequent to such
commencement, unless not later than twelve months
after such commencement, or within such further
period as the Governor or the Governor-General, as the
case may be, may in any special case allow, he gives
notice in writing to the officer prescribed by law, for
the time being, of his desire that the provisions of the
Laws and Regulations repealed by this Act which
applied to him prior to such commencement should
continue to apply to him, in which case they shall
continue to apply to him accordingly.

(2) Any notice under paragraph (ii) of subsection (1) 27 1958
s. IU(I ) ( c ) may, by further notice in writing to the officer prescribed

by law, for the time being, be finally and irrevocably with-
drawn by the teacher and, upon such withdrawal, the
provisions of this Act shall apply to the teacher in lieu of
the provisions of the Laws and Regulations repealed by
this Act which applied to him prior to the commencement
of this Act.

(3) Any person who gives notice under paragraph (ii) of 2 7 i i m i
s. lO(I)(c). subsection ( I ) and subsequently retires in circumstances

in which he would have been eligible for a pension or gratuity
under this Act if the provisions of this Act had applied to
him may, by hrther notice in writing to the officer prescribed by
law, for the time being, withdraw the notice given in accordance
with paragraph (ii) of subsection (1) and, upon such withdrawal,
such provisions of this Act as were in force at the date of such

PENSIONS (TEA CF?ER6S)

person's retirement in the circumstances aforesaid shall apply to
such person in lieu of the provisions of the Laws and
Regulations repealed by this Act which applied to him prior to
the commencement of this Act.

2711958 (4) Where, pursuant to subsection (3), an award of s. 10(l)(f). pension or gratuity is made to any person in accordance
with the provisions of this Act, such award shall be in lieu
of any award made to such person in accordance with the
provisions of any Laws or Regulations repealed by this Act
which applied to such person prior to the commencement of
this Act, and any payments made to such person by virtue
of any award so superseded by an award under this Act shall
be set off against the payments to be made to such person
by virtue of the award under this Act.

(5) Any notice which pursuant to any of the foregoing
provisions of this section is required to be given shall, from
and after the 27th December, 1961, be given to the Financial
Secretary.

45'1961
s. 2.

Rehdofpast 16. Where any teacher to whom this Act applies and who is
not employed in teaching service- Lwntributions.

(a) has had deductions made fiom his salary under any
Law repealed by this Act; and

4511961
s. 2.

(b) gives notice in writing to the Minister responsible
for education that he no longer intends to be
employed as a teacher and that he desires a refund
of such deductions; and

(c) at the time of such notice such teacher is not eligible
for any pension or gratuity under this Act,

then such teacher shall be entitled to a refund of such deductions
and he shall be deemed to have renounced all claims to any
pension or gratuity in respect of any teaching service prior to the
date of such refund.

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PENSIONS flEACHEILY 15

17. Where any question exists in relation to any matter arking $2Fdto
under this Act, such question may be determined by the bedeter-

mined by

General.
2711958

45/1961
s. 2.

Governor-General. Governor-

s. 2 (1).

18. Where, under the provisions of this Act, any authority or ciovernor-
(;enera1 power is vested in the Governor-General such authority or Public

power shall be exercised by him after consultation with the *vice
Commis-

27/195X
Public Service Commission: sion.

Provided that the Governor-General may, in his discretion, by :$jh1
notification in the Gazette, declare that, from and after such date s. 2.
as may be specified in the notification, he will consult such
Committee or other advisory body on educational matters as
may be specified in the notification and thereupon any authority
or power vested in the Governor-General under the provisions of
this Act shall be exercised by him after consultation with the
Committee or other advisory body specified as aforesaid instead
of after consultation with the Public Service Commission and
the Governor-General shall not be obliged to consult the Cabinet
in regard to the exercise of such authority or power.

16 PENSIONS ('TEACHERS)

Short title

Int crprctation

.-\pplication of
Pan 11.
27 1958
s.2.

Pensions:
to whom and
at what rates
to be granted
L.S.
163 1%6.

3 1 '2002
Sch.

SCHEDULE

PART I. Preliminan,

1. These Regulations ma\- be cited as the Pensions (Teachers)

2. In these Regulations-
Regulations.

"qualifying senice" means service whch may be taken into account
in determining whether a teacher is eligible by length of senice
for pension or gratuity:

"pensionable service'' means service whch may be taken into account
in computing pensions under these Regulations;

"war senice" means-
(a) militw service with Her Majese's forces during any war in

whch Her Majesh may be engaged includmg any period of
senice with Her Majesty's forces after the termination of such
war: or
civilian service in any civil employment connected with the
prosecution of such war.

which has been undertaken. in either case, with the approval of the
Governor-General.

( b )

PART 11. Teachers Ct'ithout Other Teaching Service
3. Save where the Governor-General in any special case otherwise directs.

this Part shall not apply in the case of any teacher with other teaching service
except for the purpose of determining whether such teacher would have been
eligible for pension or gratuity, and the amount of pension or gratuity for
u h c h the teacher would have been eligble if the whole of the teaching
senice of the teacher had been in this Island.

4 . 4 1 ) Subject to the provisions of the Act and of these Regulations,
eve? teacher who has, either since the date of commencement of the
first period during which he was employed in teaching service in this
Island or since the date of commencement of any later period during
whch he was so employed, been employed in such service-

(a )
(6 )

for not less than ten years; and
for periods equal in the aggregate to not less than one-half of thc
period between the relevant date of commencement
aforesaid (whch shall, notwithstanding that it may be the
date of commencement of a later period aforesaid, be deemed for
the purpose of computing his pension to be the date of
commencement of his teaching service) and the date of his
retirement in accordance with the provisions of section 6 of this
Act,

may be granted on retirement a pension at an annual rate of one five-fortieth
of his pensionable emoluments for each complete month of pensionable
service.

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PENSIONS (TEACHERS) 17

(2) A teacher who does not satisfv the conditions specified in 18 1988
paragraph (1) but who has teaching service for periods equal in the aggregate '. (a).
to not less than eighteen years may be granted on retirement a pension at the
rate specified in that paragraph.

5. Every teacher, otherwise qualified for pension. who has three or ~ ~ u i t i e s :
more but less than ten years teaching senice in th~s Island may be ~ ~ ~ ~ ~ a ~ e ~ d
granted on retirement a gratuity not exceeding five times the annual amount to be granted,
of the pension which. if there had been no qualifying period. might have been I 8 I 998

PART 111. Teachers with Other Tenching Service
granted to him under regulation 4. S. 5(h).

6. This Part shall apply only in the case of a teacher with other teaching .qppIication
of Part 111.
intsrpre- 7. In this Part and Part IV- tation.

service.

"scheduled temtory" means any territory mentioned in the Schedule and
includes the temtoq of Ceylon, in respect of any teacher who has had
teaching service in that temtoq prior to the 4th day of February. 1918.
and the territory of Palestine. in respect of any teacher who has had
teaching service in that territory prior to the 15th day of May. 1948:

"service in the group" means teaching service in this Island and in a
scheduled territory or scheduled temtories.

8.--(1) Where the other teaching service of a teacher to whom this Part
applies has been wholly in one or more scheduled temtories and his
aggrcgatc scrvice would havc qualified him had it bccn wholly in this
Island for a pension under this Act. he may. on his retircnient from
teaching service in circumstances in which he is permitted by the law or
regulations of the teaching servicc in which hc is last cinploycd to rctirc
on pension or gratuity, be granted in respect of his service in this lsland a
pcnsion of such an amount as bcars thc samc proportion to thc amount of
pcnsion for which hc would havc bccn cligiblc had his scrvicc becn
wholly in this Island, as the aggregatc amounts of his pensionable emolu-
ments during his scrvicc in this Island bcar to thc aggrcgatc amounts of his
pcnsionable emoluments throughout his service in thc group.

(2) In determining for the purposes of this regulation tlic pension for
which a tcachcr would haw bccn cligiblc if his Scrvicc had bccn wholly in
this Island-

(a) in thc application of rcgulation 16. his pcnsionablc cinolumcnts
shall bc dctcrmincd by rcfcrcncc to thc highcst pcnsionablc
emoluments enjoyed by him during his teaching service. cscept that
whcrc thc tcachcr is not scrving in a schcdulcd tcrritory at thc datc
of his retirement from teaching service, his pensionablc
cmolumcnts during thc last thrcc ycars of his tcaching scrvicc in a
schcdulcd tcmtory shall be takcn;

(h ) no rcgard shall bc had to any additional pcnsion under regulation 2 1
or regulation 22;

l'llic Iiicliisioii of this page IS ; i w l l i o r h d try I. .N 88L?OI).ll

Pension for
service
wholly
within ihe
gr"P.

3 112002
Sch.

2711958
s. 12.

18 PENSIONS (TEACHEM)

Pension \\here
other sm-ice
not within thc
P U P .

27 1958
s. 12.
21 2002
Sch.

Pension \\here
other teaching
service hoth
within and not
within the
group.
Gratuity
Hhcre lcrigih
ofswvice dws
not qiiali@ I'or
pension.
18/1998
s. 5(c).

(c)
(d)

[Deleted by Act 31 of 2002.1
no period of other teaching senice in a scheduled temton- in
respect of which no pension or gratuih- is granted to hun shall
be taken into account.

(3) For the purposes of t h s regulation the aggregate amount of a
teacher's pensionable emoluments shall be taken as the total amount of
pensionable emoluments whch he would have received or enjoyed had he
been on duty on 1 1 1 pay throughout the period of his senice in the group
subsequent to the attainment of the age of twenp \-ears and prior to the
attainment of the age of si\F-fi\-e years:

Provided that in calculating the aggregate amount of his pensionable
emoluments. no account shall be taken of an>- senice in a scheduled temton
in respect of whch no pension or gratuip is granted to h.

9.-(1) Where the other teaching service of a teacher to whom t h s
Part applies has not included senice in any of the scheduled territories.
and lus aggregate senice would have qualified hun. had it been wholl!-
in th~s Island for a pension under these Regulations. he may. on his
retirement from teaching senice in circumstances in which he is per-
mined by the law or regulations of the senice in wluch he is last
employed to retire on a pension or gratuie. be granted in respect of
his senice in th~s Island- a pension at the annual rate of one fiye-fortieth of
his pensionable emoluments for each complete month of hs pensionable
senice in this Island.

(2) Where the teacher is in other teaching senice at the time
of his retirement in the circumstances referred to in paragraph (1). his
pensionable emoluments for the purposes of such paragraph shall be
those which would have been taken for the purpose of computing hs
pension if he had retired from teaching senice and been granted a
pension at the date of his last transfer from the senice of this Island:
and for the purposes of regulation 16. where the teacher had less than
three years teaching senice in this Island. then the average annual
amount of the pensionable emoluments enjoyed by the teacher during
his teaching senice in this Island shall be taken.

10. Where a part only of the other teaching senice of a teacher to
whom this Part applies has been in one or more of the scheduled territories.
the pro\isions of regulation 8 shall apply but in calculating the amount of
pension. regard shall be had only to senice in the group.

1 1. Where a teacher to whom this Part applies retires from teachmg
senice in circumstances in which he is permitted by the law or regulations
of the senice in which he is last employed to retire on pension or gratuity and
has been in teaching senice for three years or more but less than ten years. he
may be granted in respect of his senice in this Island. a gratuity not
exceeding five times the annual amount of the pension which if there had

PENSIONS (TEA ('HER!!) I9

been no qualifiing period. might have been granted to him under rcgulation
8.9 or 10. as the case may be.

PART 1V. Generd
1 2 . 4 ) Qualihing service shall bc tlic aggrcgatc of thc periods of (;cncr;ll

teaching senice. without deduction of any periods during which tlic tatclicr ' ' ~ l ~ ~ ? ? ~ ~
has been absent on leave. scrvicc ;md

pcnsionahlc (2) Pensionable sercicc shall bc all such scwicc as is qualifying ser,ice,
service under this regulation. subject to the deduction thcrcfrorn of such
periods. if any. as are not under this Act or these Regulations cntillcd to bc
taken as pensionable senice: and no period which is not qualifving scnicc
by virtue of paragraph (1) shall be taken into account a s pcnsionablc scnicc.

13. No period during which a teacher has bccn absent froiii duty on Iclivc
without salw shall be taken into account as pensionable scrvicc unlcss such
leave has been granted on grounds of public policy with tln: approval of llic
Governor-General.

11. No period of senice while a teacher was under the agc of ciglitccn
years or over the age of skqy-five years shall be taken into account as
pensionable service.

15. The Govemor-General may. either gcncrally or in rclation to an:,
particular case. declare that any period of senice in a teaching capacity in an
institution approved by the Minister responsible for education which is not a
secondary school. training college. or elementary school. shall bc teaching
service for the purposes of these Regulations:

Provided that where any such declaration has been made. then an!
pension or gratuity granted to a teacher under these Regulations in respect of
such period of service shall be in lieu of any pension or gratuity which might
have been granted to him under any other enactment in respect of such period
of service.

16. For the purpose of computing the amount of a teacher's pension or
gratuity the highest pensionable emoluments ever enjoyed by the teacher in
the course of his teaching service in the Island shall be taken.

Scrvicc
undcr 1 X
and over 6 5 .
27' 1958
s. 12.
1x1 I w x
s. 4 (d).
Ccxtain
swvicv in ii
temhing
capacity to
hc tcaching

27 1958

45/1961
s. 3.

SLTVlLs2,

s. 2 ( I ) .

Enrolurnarts
to be IiIhrn
for com-
putation of
pensions.
d C .

3 112002
Seh.

1 7 . 4 ) The Minister responsible for education shall cause to be kept R e g i d a t 0
registers in which subject to such conditions as he may impose, shall be E:iEzd
entered. in amrdance with information supplied in the manner provided by s-wc.
paragraph (2). the following particulars- 4% 196 1

s. 3. (a) in respect of service as a teacher in this island-
[The inclusion of rliis page IS authorized by L N 88120031

20 PENSIONS (TEACHERS)

2711958
s. 2 (1).

(i) the full name and the age of every person appointed as
a teacher in a secondary school, training college,
elementary school, or institution approved by the
Governor-General under reguMon 15, and the school,
college or institution, to which he is appointed;

(ii) the date of commencement and termination of every
such appointment, and the nature, salary and

(iii) all periods of leave, whether on full, half or no pay;
( 6 ) in respect of other teachmg service-

(i) the 111 name and the age of every teacher appointed in
a teaching capacity in an approved school, and the
school to which he is appointed;

allowances in respect thereoc

(ii) the date of the commencement and termination of every
such appointment, and the nature, salary and
allowances in respect thereof;

(iii) all periods of leave, whether on full, half or no pay.
(2) The particulars required to be entered in the registers under

(a) in respect of service as a teacher in this Island, by the
governing body (by whatever name called) of the school,
college, or institution, in respect of which the appointment is
held;

(b) in respect of other teachmg service, by the teacher.
(3) The Minister responsible for education may requirc any

particulars supplied under paragmph (2) to be verified to his satisfaction prior
to their enby in the registers.

(4) Where the particulars required to be supplied under para-
graph (2) are not so supplied or where they are incorrectly supplied, thc
Minister responsible for education may, take such action, includmg deletion
of the name of any teacher from the registers, as he may consider ncccssary.

( 5 ) No service which is not entered in the registcrs in accordance
with the provisions of this regulation shall be registered service:

Provided that where any teacher has regislered scrvicc in a secondary
school or training college, or recorded service in an elementary school, within
the meaning of the Laws and Regulations in force immediately prior lo thc
commencement of these Regulations, all of such rcgistcred or rccorded
service shall be deemed to be registered service under rhcsc Regulations.

(6) No service in Mpect of which a tcachcr docs not draw a salary,
other than a period during which a teacher was absent from duty on lcavc
without salary, shall for the purpose of computing qualifying scrvicc bc
regarded as registered service whether such servicc is in fact cntcred in thc
registers or not.

this regulation shall be supplied-

45/1%1
s. 3.

45/1961
s. 3.

2711958
s. 12.

PENSIONS (TEACHERS) 21

18. [DeletedbvAct 18 o f 1998.1

PART V. Supplenrentaty

19. Where a teacher is appointed to a post in the public service and retires Tralisfer of
therefrom in circumstances under which he is eligible for pension. gratuity or teacher to
other allowance under any law which is applicable to such public service. he public
may. if he- service.

(1) has not less than three years teachng service in this Island 18'1998
and s. 5 (f).

(2) was employed in such teachmg service for periods equal in
the aggregate to not less than one-half of the period which has
elapsed since the date of commencement of such teaching
service to the date of hs appointment to the public service: and
the aggregate of his teaching service in this Island and his
public service is not less than ten years.

be granted a pension in respect of his pensionable service under this Act in
accordance with the provisions of regulation 4 and as if paragraphs (4 and
(h) were omitted from such regulation; and in the application of regulation 16
his pensionable emoluments shall be determined by reference to the highest 31;2002

(3)

pensionable emolumcnts enjoyed by him during his tcaching servicc. Sch.

20. The Governor-General may, either generally or in relation to any
particular case, declare that a period of service in a post in the public service
shall be deemed to be qualifying service (but not pensionable service. unless
otherwise declared under regulation 21) for the putposes of thcse
Regulations; and any pension or gratuity awarded to a teacher under these
Regulations, consequent on such declaration. shall be in addition to any
pension, gratuity or other allowance awarded to him under any law or
regulations providing for the gmnt of retiring benefits in respect of public
service.

Puhlic
service n n y
k deemed
to he
qiirlitiing
service.

s. 12.
1 ..N.
1 2Y1972.

27;19sn

21. The Governor-General may, either generally or in relation to a public
m c u l a r casc, dcclarc that a period of scrvicc in a post in thc public scrvicc scrvicc iiiay
shall be deemed to be a pensionable service for the purpose of these t~~~~~~~~ to he Regulations; and any pension or gratuity awarded to a teacher under thcse pnsiol,ahle
Rcgulations consequent on such declimtion, shall be in lieu of any pension sbyviw,
or gratuity for which hc is cligiblc undcr any law or regulations providing for I..N.
thc grant of retiring bcncfits in rcspect or public service.

specified in paragraph (v) or (vi) of subsection (1) of section 6. he may- s,,iultto
rcdion
6 0 ) ( v )
OT (vi).
i n/ 1 wn
s. 5 (g).

12511'372.

Teacher
2 IA. If a teacher retires from teaching seMce in any of the circumstances reti:tiring pur-

I'llic iiicliisioii 0 1 this pngc is ;iutliorimd hy LN. X8/2Wl]

22 PENSIONS (TEACHERS)

(a) if he had been in teachmg sen-ice for thee or more !-ears but less
than ten !ears. be granted a gratuih- under regulation 5 or 1 1. as the
case ma! be:

( b ) if he had been in the teaching sen-ice for ten or more years
be granted-

(i) a pension under regulation 4. 8. 9 or 10. as the case may be: and
(ii) an additional pension at the annual rate of one-sikqieth

of his pensionable emoluments for each complete
period of three years pensionable service:

Provided that-
(A) the adltion shall not exceed ten-sixtieths: and
(B) the addition. together with the remainder of the

teacher's pension. shall not exceed the pension for
which he would have been elipble if he had continued
to be employed in the same teachmg post at the date
of his retirement. and had retired on reaching the age
of f@-five years. having received all increments for
whch he would have been eligible by that date.

2 2 . 4 1 ) This regulation applies to a teacher who- Teacher retiring on

injup or
disease.

account of

27'1958
s. 12.

(a) is permanently injured in the actual discharge of his duty by
some injury specifically attributable to the nature of his duty
which is not wholly or mainly due to, or seriously aggravated
by, his own serious and culpable negligence or misconduct; or

(b) contracts a disease to which he is exposed specifically by the
nature of his duty, not being a disease wholly or mainly due to, or
seriously aggravated by, his own serious and culpable negligence or

is permanently injured as a result of an accident or damage to
the aircraft while travelling by air in pursuance of official
instructions and the injury was not wholly or mainly due to,
or seriously aggravated by, his own serious and culpable
negligence or misconduct; or
while proceeding by a route approved by the Governor-General to
or from this Island at the commencement or termination of teaching
service therein, or a period of leave therefrom, is permanently
injured as a result of damage or any act of violence to the vessel,
aircraft or vehicle in which he is mvelling, if the Govemor-General
is satisfied that that damage or act is attributable to circumstances
arising out of any war in which Her Majesty may be engaged.

* misconduct; or
(c)

(d)

[The iiicliisioii oftliis page I S authorized by 1. N XX/2003]

PENSIONS (TEACHERS) 23

(2) In t h ~ s regulation. unless the contraq intention appears. references
to a teacher being injured and to the date on which an i n j w is sustained shall
respectively be construed as including references to h s contracting such a
dsease as is mentioned in paragraph (1) and to the date on which such
disease is contracted.

(3) A teacher may-
(a) if h s retirement is necessitated or materially accelerated by his

injury. be granted. in lieu of any gratuie (if any) for which he
may be eligible under regulation 5 or regulation 11. a pension
under regulation 1. 8. 9 or 10 (as the case may be) as if para-
graphs (a) and ( b ) were omitted from such regulation 4:
if he was permanently injured whle in teachmg senice in t h ~ s
Island. be granted on retirement an additional pension at the
annual rate of the proportion of his actual pensionable emolu-
ments at the time of his injuq- appropriate to his case as shonn
in the following table-

(b )

When hs capacie to contribute to his support is-
slight& i m p d five-sixieths
impatred ten-sMeths
materially impaired. Nteen-six~eths
totally destroyed. hwnh--SlXiethS:

Provided that-
(i) if he was permanently injured while trayelling b>- air in pursuance

of official instructions. the relevant proportion in tbe table shall be
increased by haK

(ii) the amount of the additional pension may be reduced to such an
eiqent as the Governor-General thinks reasonable where the injury
is not the cause or the sole cause of the retirement.
(1) The prolisions of regulation 21 shall not apply to an additional

pension granted under sub-paragraph (6) of paragraph (3).
( 5 ) (a) In this paragraph "injury award" means an award in respect

of injury that may be granted to a teacher under sub-paragraph (6) of

(6) If. for the purpose of assessing the amount of an injury
award the degree of permanent impainnent of his capacity to contribute to his
support is in doubt. a teacher may be granted a provisional award to have
effect until such time as the degree of permanent impairment can be
ascertained.

(c) The Governor-General may take into account in such manner
and to such extent as he may think fit against an injury award that may be
granted to a teacher in respect of an injury-

any damages that he is satisfied have been or will be recovered
by the teacher in respect of that injury; and

paragraph (3).

(i)

24 PENSIONS (TEACHEm)

Tearher
Ixtiring on
account of ill
health.
27/ 1958
s. 12.

3 lI2W
Sch

War service.

2711958
s. 2 (1).

(ii) any benefits that have been or may be awarded to the teacher
under the Workmen's Compensation Act or under the Overseas
Supemmation Scheme in respect of that injury,

and he may withhold or reduce the in^ award accordingy.
23.-(1) Ifa teacher-

(a) retires h m teaching service in the circumstan ces described
in paragraph (iii) of subsection (1) of section 6 of this Act; and

(b) at the date of his retirement has bken in teaching seMce for
more than ten years but less than twenty years,

he may be granted an additional pension at the rate of one five-fortieth of his
pensionable emoluments for each month by which his teaching seMce falls
short of twenty years, or by which his age at such date falls short of sixty
years, whichever is less.

(2) This regulation shall not apply in the case of an officer-
(a) who is pemanently injured and is entitled to benefits under

the Overseas Superammation Scheme, or the Workmen's
Compensation Act or any enactment amending or replacing
that Act; or

(b) who is injured in the discharge of his duty and is eligible to
receive an award under regulation 21:

Provided that if such award is less than the additional pension
for which he would be eligible under this regulation, he may be p t e d in
lieu thereof an additional pension under this regulation.

2 4 . 4 ) Where a teacher in teaching Senice in this Island leaves
such teaching service for the pmposes of war service, then, subject to
the provisions of this regulation, the Gavernor-General may declare such
war service to be teaching seMce for the prnposes of these Regulations.

(2) Where the Govemor-General has made a declaration under
paragmph (1) in relation to a teacher, then-

during the period of war Service, such teacher shall be deemed
to be on leave on full salary from the employment which he
left for such war service;
dunng any period between his leaving such employment and
his war service, and between the termination of his war service
and his v l o y m e n t in teaching service, such teacher shall
be deemed to be on leave without s h y not granted on grounds
of public policy from such employment:

m d e d that no such period shall exceed six months unless
the Govemor-Gendinany special caseothemisedirects;

for pension, ur received emoluments in lieu of pension rights,

have effect as

(a)

(b)

(c) if during any period of war service such teacher bas qualified

actually in respect of militaly service, sub-paragraph (a) of
this paragfaph shalt 8s mpects that

me inclusion of this page is authorized by L.N. SSnOOS]

PENSIONS (TEACHERS?

if the words -'leave without salan not granted on the grounds of
public policy" were substituted for the words "leave on full
salan.":

(4 if during the period of war service such teacher is killed or
injurcd he shall not bc deemed to have bcen killed or injured
in the actual discharge of his duties.

(3) Save where a teacher becomes eligible for a pension under these
Regulations during his period of war service. no declaration shall be made
under paragraph (1) where the teacher is not reemployed in teaching service
after Ius \tar service. unless the Governor-General in any special case
othenvise directs.

25. Any teacher to whom a pension is granted under this Act may, at his Gratuity and
option exercisable on his retirement from teaching service, be paid in lieu of Ez:,
such pension a pension at the rate of threefourths of such pension together I,,N,
with a gratuity equal to twelve and one-half times the amount of the reduction io811954.
so made in the pension:

Provided that in the application of this regulation to cases where the
limitation prescribed in subsection (2) of section 8 of this Act operates, the
words "such pension" shall mean the amount of pension which the teacher
might have drawn from the funds of this Island if he had not exercised his
option under this regulation.

26. Pursuant to section 13A, pensions may be granted in accordance with Pasions
Part I of the Appendix subject to the terms and conditions specified in Part 11;
and gratuities may be granted in accordance with Part In. under

section 13A
2 112003
S. 3(a).
Appendix.

[The inclusion of this page is authorized by L.N. 87120041

PENSIONS (I'EACHERS)

Appendix (Section 13A and
regulation 26)

PART I

Pension w-hich mav he grmtedpursunnt to section 13A

To
Item whom pension
No. payablc
-

1 Sulviving
spouse of the
teacher

2 Each child of
the tcachcr

The circumstanccs and
conditions acct ing

eligibility for pension

Annual rdtc of
pension, not
exceeding I

Two-thirds of rhc
teacher's annual
pensionable
emoluments at
thc date of his
dcath.

A. If thc tcachcr
leavcs ;I sulviving
spousc to whom a
pension is grdntcd
undcr item I and
docs not lcdve a
mother or fathcr. as
the casc may be.
who is cligiblc for
pcnsion undcr item
3

B. lf thc tcachcr
Icavcs a surviving
spouse to whom a
pcr~sion is granted
undcr item I and
i~lso a nlotllcr or
father. i1s the casc
may be. who is
cligiblc for a
pcnsion under item
7

A. An aliquot part.
dctcrrnincd in
accordance with
Part 11. of one-
third of the
rcachcr's annual
pcnsionablc
cmolument at the
datc of his dcath.

B. An aliquot part
(dctcrnuned as
aforesaid) of onc-
sixth of the
annual pcnsion-
i~blc molun~cnts
of thc tcachcr at
the datc of his
dcarh.

[Thc ~nclusion of rhis page is authorized by L.N. 87120041

PART 1. L orrtd.
To The circun~stanccs and

1tc111 whom pension conditions affecting
No. pa! ablc eligibility for pension

If the teacher leaves
no suniving spouse
to nhom a pension is
granted undcr itcm 1
but leaves a mother
or father. as the case
may be. to whom a
pension is grantcd
under itcm 3
If the tcacher I c a w
neither a surviving
spouse to nhom a
pension is granted
undcr itcm 1 nor a
mother or father. as
the case may be. to
whom a pension is
grdntcd undcr itcm 3
and there are not
more than three
children of the
tcacher eligible for
pension under t h~s
table
If the circumslances
with regard to a
surviving spousc and
mother or father are
as in paragraph D but
the number of
children of the
teacher eligible for
pension under this
Table exceeds three

If the pension to a
child or children is
payable pursuant to

Annual r d k of
pension. not
cscccding
-

An aliquot part
(dctcnnincd as
aforesaid) of
the pension
specified in
iten1 I .

D. An aliquot part
(determined as
aforcsaid) of
thc pension
specified in
itcm I.

E. An aliquot part
(determined as
aforesaid) of
the annual
pensionable
emoluments of
the teacher at
the date of his
death.

F. An aliquot part
(determined as
aforesaid) of

[The inclusion of this page is authorized by L.N. 87120041

PART I. conttl.
To The circumstances and Annual rate of

Item whom pension conditions affecting pension not
No. payable eligibilih for pension esceeding
- - .- -

paragraph B and one-half of the
subsequently. on the pension payable
death or ineligibility under item 1.
of the mother or
father. as the case
may be. pension
ceases to be payable
under item 3 then as
from the date of such
cessation pension
shall be payable
under Uus paragraph
in lieu of the pension
payable under
parafwph B

G. If pension to a child G. An aliquot part
or children is payable (determined as
pursuant to paragraph aforesaid) of
B and subsequently. the pension
on the death or payable
ineligibility of the pursuant to
surviving spouse, item 1.
pension ceases to be
payable under item 1
then, as from the date
of such cessation,
pension shall be
payable under this
paragraph in lieu of
the pension payable
under paragraph B

3 The mother of A. If the teacher leaves a A. One-sixth of the
the teacher or, surviving spouse to annual pension-
where the whom a pension is able emolu-
mother is payabIe under item 1 ments of the
dead, the and a child or teacher at the
father of the children to whom a date of his
teacher. pension is payable death.

under item 2

[The inclusion o f this page i s authorized by L.N. 87120041

PENNSIONS (TEA CHEHS)

PART I. contd.
To The circumstances and

Item whom pension conditions affecting
No. payable eligibility for pension

B. If the teacher leaves a
child or children to
whom a pension is
payable under item 2
but leaves no
sunriving spouse to
whom pension is
payable under item 1

If a pension is
payable pursuant to
paragraph A and
subsequently. on the
death or ineligibility
of the surviving
spouse, pension
ceases to be payable
under item 1. then. as
from the date of such
cessation, pension
shall be payable
under this paragraph
in lieu of pension
payable under para-
IY-aph A

Annual rate of
pension not
esceeding

B. One-third of the
annual pension-
able emolu-
ments of the
teacher at the
date of his
death.

C. One-third of the
annual pension-
able emolu-
ments of the
teacher at the
date of his
death.

[The inclusion of this page is authorized by L.N. 87120041

PART 11
Ternis and conditions applicable to the pqvnient ofpmsions

under Part I

1. Payment of pcnsion to a surviving spouse shall bc made only whilc
that spouse is unmarried.

2. In the case of pensions granted to two or nlorc children of a tcachcr
under item 2 of Part 1. the pcnsion payable to each child shall bc determined
by dividing thc pcnsion which would bc payablc to one such child equally
among such chddren as are eligible for pension under that Part.

3.-(1) A child shall cease to be eligible for pcnsion under this Part on
attaining the age of nineteen ycars. so. however. that-

(a ) a child who is receiving higher cdumtion shall continue to bc so
eligible until that child attains thc agc of twenty-three ycars or
complctcs the course of higher education. whichever is the
earlier:

(b ) a child who was nicntally or physically incapacitated at the time
of the teacher's death ,and was wholly or mainly dependent on
him for support may. if the Governor-General so directs. bc
treated as continuing to bc cligiblc. after attainment of the age of
nineteen ycars. during the period of incapacity or for such
shorter period as the Governor-General mag determine and the
Governor-Gcncral may. if he sees fit. increase or reduce the
amount of pcnsion payable in respect of that child to such
amount as thc Govcrnor-General thinks fit. so. howcvcr. that
\\here such amount is increased. the total amount of pcnsion
payable in respect of all dependants of that teacher shall not
cscccd his pay at the datc of his death:

(c) a female child shall cease to be so eligible upon the nlarriagc of
that child under the age of nineteen years.

(2) For thc purposes of sub-paragraph (1) "higher education''
means either a coursc of hll-time instruction at any educational cstablish-
ment approved for the purpose by thc Minister rcsponsiblc for education or a
coursc of instruction as an apprcnticc in any trade. profcssion or vocation
under articles entered into for a pellod of not less than two ycars.

4. Paylent of a pension to tllc mother of a tcacllcr shall be made only if
the mother was wholly or mainly dependent on the dcccascd teacher for
supporl and \vhilc the mother is without adcquatc means of support and if
the mother is unnunicd. divorced or a widow. as the case may bc. at the
time of the grant of the pension and subscquenlly rnanics or renunics. as
the case nu!- be. such pension shall ccasc as from the datc of marriage or

[The inc lus~o~i of [his page is authorized by L.N. 871200.lj

PENSIONS (TEACHERS)

PART 11, contd.
remarriage; and if it appears to the Governor-General, at any time, that the
mother is adequately provided with other means of support, such pension
shall ccasc as from such date as the Governor-General may determine.

5. Payment of a pension to the father of a teacher shall be made only
while the father is without adequate means of support an4 if it appears to
the Governor-General, at any time that the father is adequately provided
with other means of support such pension shall cease as from such date as
the Governor-General may determine.

PART 111

Gratuities which may be grantedpursuanf lo section I3A

1. Without prejudice to any pension payable pursuant to Part I, a gratuity
may be granted in accordance with this Part to the dependants of a teacher
or, if there are no dependants. to the teacher's legal personal representatives.

2. Such gratuity shall-

(a) in respect of an officer who dics from injuries received after the
1st day of July, 1974, but before the 1st day of January, 1978.
not excecd-

(i) ten thousand dollars; or
(ii) a sum equal to two years pensionable emoluments of the

teacher at the date of his death; or

(iii) the aggregate of one year's pensionable emoluments of
the teacher at the date of his death plus the amount of
commuted pension gratuih for which he would haw
been eligible if he had retired at the date of his death.

wluchever is the greater:

( h ) in respect of a teacher who dics from injuries received on or
aner the 1st day of Januan. 1978. but bcfore the 1st day of
April. 1988. not exceed-

(i) twenty thousand dollars or

(ii) the aggregate of the amounts specified in paragraph (a)
(iii).

whichever is the greater:
( c ) in respect of a teacher who dies from injuries received on or aftcr

the 1 st da\. of April. 1988. but bcforc the 1 st day of April. 1992.
not escced-

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PENNYIONS (TEA ('HERS)

PART 111. conid.
(i) one hundred thousand dollars: or

(ii) the aggregate of the amounts specified in paragraph (a)
(iii).

whche~er is the greater:

in respect of a teacher who dies from injuries received on or
after the 1st day of April, 1992. but before the 1st day of April.
1994. not exceed-

(i) three hundred thousand dollars: or

(ii) the aggregate of the amounts specified in paragraph (a)
(iii)?

whichever is the greatec

in respect of a teacher who dies from injuries received on or alter
the 1st day of April, 1994. but before the 1st day of October.
1996. not esceed-

(i) five hundred thousand dollars; or

(ii) the aggregate of the amounts specified in paragraph (a)
(iii)?

whichever is the greater;

in respect of a teacher who dies from injuries received on or
after the 1st day of April, 1996, but before the 1st day of
October, 1999, not exceed-

(i) one million seven hundred and fifty thousand dollars; or
(ii) the aggregate of the amounts specified in paragraph (a)

(iii),
whichever is the greater; and

in respect of a teacher who dies from injuries received on or
after the 1st day of October, 1999, but before the 1st day of
April, 2000, not exceed-

(i) one million seven hundred and fifty thousand dollars; or
(ii) the aggregate of the amounts specified in paragraph (a)

(iii),
whichever is the greater; and

in respect of a teacher who dies from injuries received on or
after the 1st day of April, 2000, not exceed-

[The mclusion of this page is authorized by L.N. 87/2004]

PENSIONS (TEACHER$

PART I1 I, contd.
(i) four million dollars; or

(ii) the aggregate of the amounts specified in paragraph (a) (iii),
whichever is the greater.

3.-41) The Minister may by order subject to affirmative resolution
increase the amount of any gratuity payable in respect of a teacher who dies
from injuries received on or after the relevant date.

(2) In this paragrdpb

"relevant date" means a date specified in the order. being a date
falling after the 1st day of April. 2000.

4. For the purposes of this Part "dependants" means any person entitled
to a pension under Part I.

5. In this Part "commuted pcnsion gratuity" means the gratuity. if any.
which might have been granted to the teacher under regulation 25 of the
regulations contained in the Schedule. if he had retired at the date of his
death in the circumstances described in paragraph (iii) of subsection (1) of
section 6 and had elected to receivc a gratuity and rcduced pcnsion.

6. A gratuity granted in accordance with this Part shall be divided among
the dependants as follows-

(a) if there is a surviving spouse. that spouse shall be granted fifty
per cent of the gratuity or such higher percentage as the
Governor-Gcneral may approve and the rcmaindcr shall be
divided among any other dependants in such proportion as the
Governor-General thlnks fit:

( h ) if there is no surviving spouse. the gratuity shall be divided
among the dependants in such proportion as the Governor-
Gcneral thinks fit.

[The inclusion of this page is authorized by L.N. 87/2004]

L.S.
140 1955.
L.S.
140 1955.

I,.$.
114 1959

PENSIONS (TEACHERS)

SCHEDULE

Aden

Bahamas
Barbados
Basutoland
Bechuanaland Protectorate

Bermuda
British Guiana
British Honduras
British Solomon Islands

Protectorate

Cayman Islands

cypvprus
Dominion
Falkland Islands
Federated Malay States
Federation of Malaya

Federation of Nigeria

Federation of Rhodesia ar~c

Fiji

Gambia

Ghana

Gibraltar

Gilbert and Ellice Islands
Colony

Gold Coast

Grenada

Hong K o ~ g

Kenya

Leen ard Islands

Mala! an Establislurrei~t

Malayan Union

Malta

3 Nyasalanc

(Regulation 7)

[The ~nclusion of this page is authorized by L.N. 87120041

PENSIONS (ZEACHERS)

Mauritius

Nigeria

Nigeria-Eastern Region

Nigeria-Northern Region

Nigeria-Westem Region

Northern Rhodesia

N yasaland

St. Helena

St. Lucia

St. Vincent

Seychelles

Siem Leone

Singapore

Somaliland

Straits Settlements

Swaziland

Tanganyika Tenitoq

Trinidad

Turks and Caicos Islands

Uganda

Zanzibar.

L.N.
14011955.
Lh' .
140:1955.
L.N.
14011955.

[The inclusion o f this page 1s authorized by L.N. 8712004]