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Teaching Service (Compensation)

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Asst. Sec. Sch. Pens.
L.R.O.

current authorised pages
Pages Authorised
(inclusive) by L.R.O.
1–13 ..

act

16 of 2008

LaWs oF triniDaD anD toBago

teaching service (compensation) act

chapter 39:04

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

2 chap. 39:04 Teaching Service (Compensation)

LaWs oF triniDaD anD toBago

note on subsidiary Legislation

This Chapter contains no subsidiary legislation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Teaching Service (Compensation) chap. 39:04 3

LaWs oF triniDaD anD toBago

L.R.O.

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.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

4 chap. 39:04 Teaching Service (Compensation)

LaWs oF triniDaD anD toBago

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.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Teaching Service (Compensation) chap. 39:04 5

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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.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

6 chap. 39:04 Teaching Service (Compensation)

LaWs oF triniDaD anD toBago

(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.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Teaching Service (Compensation) chap. 39:04 7

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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.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

8 chap. 39:04 Teaching Service (Compensation)

LaWs oF triniDaD anD toBago

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.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Teaching Service (Compensation) chap. 39:04 9

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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.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

10 chap. 39:04 Teaching Service (Compensation)

LaWs oF triniDaD anD toBago

(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.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Teaching Service (Compensation) chap. 39:04 11

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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.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Teaching Service (Compensation) chap. 39:04 13

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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.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt