Asst. Sec. Sch. Pens.
L.R.O.
current authorised pages
Pages Authorised
(inclusive) by L.R.O.
1–13 ..
act
16 of 2008
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teaching service (compensation) act
chapter 39:04
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2 chap. 39:04 Teaching Service (Compensation)
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note on subsidiary Legislation
This Chapter contains no subsidiary legislation.
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Teaching Service (Compensation) chap. 39:04 3
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chapter 39:04
teaching service (compensation) act
ARRANGEMENT OF SECTIONS
section
1. Short title.
2. Interpretation.
3. Liability to pay compensation.
4. Claims for compensation.
5. Compensation Committee.
6. Seal of the Committee.
7. Meetings and quorum.
8. Disclosure of interest.
9. Acting appointments.
10. Resignation from the Committee and revocation of appointment.
11. Publication in Gazette.
12. Office of the Committee.
13. Functions and jurisdiction of the Committee.
14. Committee rules and rules of evidence.
15. Staff.
16. Right of appeal.
17. Compensation otherwise awarded.
18. Annual report.
19. Transition.
20. Other entitlements.
21. Amendment of Schedule II.
scheDULe i.
scheDULe ii.
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4 chap. 39:04 Teaching Service (Compensation)
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chapter 39:04
teaching service (compensation) act
an act to provide for the payment of compensation in respect
of members of the teaching service who suffer injury or
die in circumstances arising out of and in the course of
employment with the state.
[1ST JANuARy 2005]
1. This Act may be cited as the Teaching Service
(Compensation) Act.
2. In this Act—
“claim” means an application for compensation made under this
Act and “claimant” has the corresponding meaning;
“Committee” means the body of persons constituting the
Compensation Committee established under section 5;
“Minister” means the member of the Cabinet to whom
responsibility for education is assigned and “Ministry” has
the corresponding meaning;
“permanent partial disablement” means such disablement of a
permanent nature which reduces the earning capacity of a
teacher at the time the disablement was sustained;
“permanent total disablement” means such disablement of a
permanent nature which incapacitates a teacher for all work
which he was capable of performing at the time the
disablement was sustained;
“personal injury” means permanent partial disablement or
permanent total disablement;
“teacher” has the meaning assigned to it in the Education Act;
“Teaching Service” has the meaning assigned to it in the
Education Act.
16 of 2008.
Commencement.
Short title.
Interpretation.
Ch. 39:01.
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3. (1) Where a teacher—
(a) suffers personal injury;
(b) dies instantly; or
(c) dies as a result of personal injury sustained,
in circumstances arising out of and in the course of his
employment with the State, the State shall be liable to pay
compensation in accordance with this Act.
(2) Any award of compensation under this Act shall be
a charge on the Consolidated Fund.
4. (1) Notwithstanding section 3, the following persons are
entitled to make a claim for compensation under this Act:
(a) a teacher who suffers personal injury;
(b) a person entitled under any written law to make
a claim on behalf of a teacher who is so
incapacitated by reason of personal injury that
he is unable to make a claim himself;
(c) a named beneficiary of a teacher who died in
circumstances set out in section 3(1)(b) or (c); or
(d) in the absence of the named beneficiary referred
to at paragraph (c), the holder of a grant of
Probate or Letters of Administration.
(2) A claim shall be made in respect of personal injury
or death arising after the coming into force of this Act, in
accordance with the rules made under section 14.
(3) The time during which a claim may be made shall
be in respect of—
(a) death, within four years of the date on which the
death of the teacher occurred; or
(b) personal injury, within one year of the date on
which such personal injury was sustained.
(4) In all proceedings before the Committee, the
claimant may appear in person or may be represented by any
named person or an Attorney-at-law.
Liability to pay
compensation.
Claims for
compensation.
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6 chap. 39:04 Teaching Service (Compensation)
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(5) In the case of a teacher to whom section 3(1)(b) or (c)
applies, a beneficiary shall be named in accordance with the form
as set out in Schedule I.
(6) Where any information pertinent to the named
beneficiary changes, it is the responsibility of the teacher to
register this information.
(7) The Minister may make Regulations in respect of
keeping records for the purposes of subsections (5) and (6).
5. (1) A Compensation Committee shall be established for
the purposes of performing the functions detailed under this Act.
(2) The chairman, secretary and other members of the
Committee shall be appointed by the President by instrument in
writing, for a period of three years on such terms and conditions
as the President may determine.
(3) The Committee shall comprise—
(a) an attorney-at-law whose name is on the Roll of
Attorneys-at-law in accordance with the Legal
Profession Act, having at least seven years
experience and who shall be the chairman;
(b) an attorney-at-law whose name is on the Roll
of Attorneys-at-law in accordance with the
Legal Profession Act and who shall be
secretary to the Committee;
(c) a medical practitioner registered under the
Medical Board Act with at least seven years
experience;
(d) a medical practitioner registered under the
Medical Board Act or other suitably
qualified person with at least four years
experience in the field of occupational safety
and health; and
(e) a person who has at least three years experience
in the business of accident and health claims.
Schedule I.
Compensation
Committee.
Ch. 90:03.
Ch. 29:50.
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(4) At the expiration of his term of office, a member of
the Committee shall be eligible for reappointment.
6. (1) The Committee shall have a seal which shall be
judicially noticed and shall be kept in the custody of the
secretary.
(2) The seal shall be affixed by the secretary in the
presence of one other member, and any document
purporting to bear the seal of the Committee shall, unless the
contrary is proved, be received in evidence and be deemed to
be such a document without further proof.
7. The Committee shall meet at such times as may be
necessary to deal promptly and expeditiously with all matters
within its charge, and three members shall constitute a quorum.
8. A member of the Committee who has any interest in a
matter before the Committee shall disclose such interest and shall
be disqualified from all sittings on such matter.
9. (1) Where a member of the Committee is unable to
perform his duties by reason of—
(a) illness;
(b) absence from Trinidad and Tobago;
(c) the provisions of section 8; or
(d) any other circumstance,
the President may appoint another person to act in place of
such a member during the period of his inability to perform his
duties, and such acting member shall hold the qualifications
required under section 5(3).
(2) A person appointed to act under this section shall
perform all the functions as the substantive member and shall do
so under the same terms and conditions as those enjoyed by the
substantive member.
Seal of the
Committee.
Meetings and
quorum.
Disclosure of
interest.
Acting
appointments.
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8 chap. 39:04 Teaching Service (Compensation)
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10. (1) A member of the Committee may resign his office
by giving to the President one month’s notice of his resignation
in writing, which shall take effect from the date of receipt of such
notice by the President.
(2) The President may revoke the appointment of a
member of the Committee where the member—
(a) is absent from three consecutive meetings
without the written approval of the Minister or
without reasonable cause;
(b) is guilty of misconduct that may bring the
Committee into disrepute;
(c) is disqualified from the practice of his
profession; or
(d) is unable to perform his functions for any
other reason.
11. The appointment and acting appointments of members to
the Committee and the revocation of appointments or resignation
from the Committee shall be published in the Gazette.
12. The office of the Committee shall be situated in Port-of-
Spain and the address shall be published in the Gazette and in one
daily newspaper in circulation in Trinidad and Tobago.
13. (1) The functions of the Committee shall be to—
(a) receive, investigate, hear and determine claims
for compensation filed in accordance with this
Act and the rules of the Committee made under
section 14;
(b) make such orders for compensation in
accordance with Schedule II; and
(c) discharge any other responsibility that is
required by this Act.
(2) Where it is proved that a teacher suffered
personal injury or died in circumstances arising out of and in
the course of his employment with the State, the Committee
Resignation
from the
Committee and
revocation of
appointment.
Publication in
Gazette.
Office of the
Committee.
Functions and
jurisdiction of
the Committee.
Schedule II.
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shall, subject to subsections (3) and (4), make an order for the
award of compensation in accordance with Schedule II and
shall give reasons in writing for the award of, or the refusal to
award compensation.
(3) In hearing a claim, the Committee shall determine—
(a) whether the personal injury to, or death of the
teacher was caused, and to what extent, by his
participation in any type of illegal activity and
whether any compensation is payable under the
circumstances; and
(b) the proportion of contributory negligence if any,
on the part of the teacher and shall apportion
compensation accordingly.
(4) The Committee shall, in determining the quantum of
compensation, take into account any payment gratuitously made
to a teacher or a claimant by the State in respect of the same
personal injury or death.
(5) For the purposes of undertaking its functions, the
Committee shall have the same powers as a Court of summary
jurisdiction.
14. (1) The Committee shall—
(a) make and publish in the Gazette rules to regulate
its procedure for—
(i) the initiation of claims; and
(ii) the conduct of its business;
(b) publish in the Gazette and one daily newspaper
in circulation in Trinidad and Tobago the
location and time of its sittings.
(2) Notwithstanding section 13(5), the Committee may—
(a) in the hearing and determination of any matter
before it, act without regard to technicalities
and legal form and shall not be bound to
follow the rules of evidence stipulated in the
Evidence Act; and
Schedule II.
Committee rules
and rules of
evidence.
Ch. 7:02.
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10 chap. 39:04 Teaching Service (Compensation)
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(b) inform itself on any matter in such manner as
it thinks just and may take into account
opinion, evidence and such facts as it
considers relevant and material, but in any
such case the parties to the proceedings shall
be given the opportunity, if they so desire, of
adducing evidence in that regard.
15. The staff of the Committee shall be selected by the
Permanent Secretary of the Ministry from among employees of
that Ministry.
16. (1) A party who is aggrieved by a determination of the
Committee under section 13, is entitled to appeal to the Court of
Appeal in accordance with Rules of Court, within six weeks of
that determination.
(2) On hearing an appeal under subsection (1), the Court
of Appeal has power—
(a) if it appears to it that a new hearing should be
held, to set aside the order appealed against, and
order that a new hearing be held; or
(b) to order a new hearing on any question without
interfering with the finding or decision upon any
other question; and
(c) to make such finding or other order as the
circumstances of the case require.
17. In awarding compensation for injury or death under this
Act, the Committee shall take into account any damages awarded
by the State to a teacher or his beneficiary, in respect of the same
injury or death.
18. (1) The Committee shall submit to the Minister an
annual report of its operations during the preceding year and
such report shall be submitted not later than three months of the
anniversary date of the appointment of the Committee.
Staff.
Right of appeal.
Compensation
otherwise
awarded.
Annual report.
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(2) The Minister shall within three months of the receipt
of the report, lay it in Parliament.
19. All claims in respect of personal injury or death of a
teacher occurring prior to the coming into operation of this Act,
shall continue in force as if they were made under this Act.
20. Nothing in this Act shall be construed in a manner that
would disentitle or disqualify a teacher from making a claim in
respect of personal injury or death, in accordance with—
(a) the National Insurance Act, the National
Insurance (Medical Expenses) Regulations and
the National Insurance (Employment Injury)
(Payment of Medical Expenses) Order;
(b) the Education Act, the Teachers’ Pensions Act
and any other relevant legislation; or
(c) any other legislation that may confer benefits
relating to personal injury or death of a teacher.
21. The Minister may by Order, amend Schedule II to
increase the benefits listed therein.
Transition.
Other
entitlements.
Ch. 32:01.
Sub. Leg.
Ch. 39:01.
Ch. 39:02.
Amendment of
Schedule II.
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12 chap. 39:04 Teaching Service (Compensation)
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scheDULe i
the teaching service (compensation) act, ch. 39:04
teachers’ compensation BeneFiciary Form
Name of Teacher ................................................................................................
Registration No. ................................................................................................
Address ..............................................................................................................
Name of Beneficiary .........................................................................................
Address of Beneficiary ......................................................................................
Identification Number of Beneficiary ...............................................................
Date ………………………….
........................................................ ...................................................
Witness Teacher’s Signature
scheDULe ii
Benefits which shall be granted in respect of injury or death arising out of
and in the course of employment—
Section 4.
Section 13.
Ch. 88:05.
(a) Compensation for death
arising out of and in the
course of employment
(b) Compensation for permanent
total disablement, or
permanent partial disablement
(i) an amount equal to three years
gross salary at the date of
death; and
(ii) such entitlement as is provided
under the relevant Acts governing
the provision of superannuation
benefits to teachers or any other
relevant legislation;
(i) the same percentages of the
amount of (a)(i) above as those
included under the Second
Schedule to the Workmen’s
Compensation Act; and
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(c) All necessary injury leave as
may be certified by a medical
practitioner registered under
the Medical Board Act or a
Medical Board
(ii) such en t i t l emen t a s i s
provided under the relevant Acts
governing the provision of
superannuation benefits to teachers
or any other relevant legislation;
leave with full pay;
Claims in respect of benefits for death or injury which are not under the
jurisdiction of the committee—
(d) Those claims which are
occasioned by or have
occurred through the
following circumstances
(i) war, invasion, act of foreign enemy,
hostilities (whether war be declared
or not), civil war, rebellion and
revolution; and
(ii) suicide or attempted suicide,
venereal disease, the influence or
effect (temporary or otherwise) of
alcohol, or of drugs not prescribed
by a medical practitioner registered
under the Medical Board Act.
Ch. 29:50.
Ch. 29:50.
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