Professional Documents
Culture Documents
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. [Repealedhv 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
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 ~ sIsland, salary, -1 197~
Pensions. etc. 4. There shall be charged on, and paid out of, the
to be paid OUI
of Consoli- Consolidated Fund all such sums of money as may from time to
dated Fund. time be granted by way of pension or gratuity in pursuance of
this Act.
Pensions. ettc. 5.-(1) No teacher shall have an absolute right to
not of nght.
compensation for past services or to pension or gratuity.
[The iiicli~s~on
of this page IS authorized by I. N BW2W3)
PENSIONS (TEACHERS) 7
teacher thereto and all the other circumstances of the case, that it mi958
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.
Pensions. etc.. 10. A pension or gratuity granted under this Act shall not be
not to be assignable or transferable except for the purposes of satisfying-
assignable.
Pension etc.. 11.--(1) Where any person to whom a pension has been
lo craw on
halllwllptcy.
granted under this Act is adjudicated bankrupt or is declared
insolvent by judgment of any competent court, then such
pension shall forthwith cease.
Rehdofpast 16. Where any teacher to whom this Act applies and who is
Lwntributions.
not employed in teaching service-
(a) has had deductions made fiom his salary under any
Law repealed by this Act; and
17. Where any question exists in relation to any matter arking $2Fdto
under this Act, such question may be determined by the bedeter-
mined by
Governor-General. Governor-
General.
2711958
s.2 (1).
45/1961
s. 2.
18. Where, under the provisions of this Act, any authority or ciovernor-
(;enera1
power is vested in the Governor-General such authority or Public
power shall be exercised by him after consultation with the *vice
Commis-
Public Service Commission: sion.
27/195X
Provided that the Governor-General may, in his discretion, by :$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)
SCHEDULE
PART I. Preliminan,
Short title 1. These Regulations ma\- be cited as the Pensions (Teachers)
Regulations.
Int crprctation 2. In these 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
( b ) 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.
PART 11. Teachers Ct'ithout Other Teaching Service
.-\pplication of 3. Save where the Governor-General in any special case otherwise directs.
Pan 11. this Part shall not apply in the case of any teacher with other teaching service
27 1958
s.2. 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.
Pensions: 4 . 4 1 ) Subject to the provisions of the Act and of these Regulations,
to whom and eve? teacher who has, either since the date of commencement of the
at what rates first period during which he was employed in teaching service in this
to be granted
L.S. Island or since the date of commencement of any later period during
163 1%6. whch he was so employed, been employed in such service-
( a ) for not less than ten years; and
( 6 ) 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,
3 1 '2002 may be granted on retirement a pension at an annual rate of one five-fortieth
Sch. of his pensionable emoluments for each complete month of pensionable
service.
[The I I ~ C I I I S I ~ I I of t h i s page IS authorized by I- N 88/2(KJ3]
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 ~~uities:
more but less than ten years teaching senice in th~sIsland may be ~ ~ ~ ~ ~ a ~ e
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
granted to him under regulation 4. S. 5(h).
PART 111. Teachers with Other Tenching Service
6. This Part shall apply only in the case of a teacher with other teaching .qppIication
service. of Part 111.
intsrpre-
7. In this Part and Part IV- tation.
"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 Pension for
applies has been wholly in one or more scheduled temtories and his service
wholly
aggrcgatc scrvice would havc qualified him had it bccn wholly in this within ihe
Island for a pension under this Act. he may. on his retircnient from gr"P.
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 3 112002
emolumentsenjoyed by him during his teaching service. cscept that Sch.
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 2711958
or regulation 22; s. 12.
l'llic Iiicliisioii of this page IS ; i w l l i o r h d try I..N 88L?OI).ll
18 PENSIONS (TEACHEM)
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~~??~~
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 Scrvicc
undcr 1 X
years or over the age of skqy-five years shall be taken into account as and over 6 5 .
pensionable service. 27' 1958
s. 12.
1x1I w x
s. 4 (d).
15. The Govemor-General may. either gcncrally or in rclation to an:, Ccxtain
swvicv in ii
particular case. declare that any period of senice in a teaching capacity in an temhing
institution approved by the Minister responsible for education which is not a capacity to
secondary school. training college. or elementary school. shall bc teaching hc tcaching
service for the purposes of these Regulations: SLTVlLs2,
Provided that where any such declaration has been made. then an! 27 1958
s. 2 ( I ) .
pension or gratuity granted to a teacher under these Regulations in respect of 45/1961
such period of service shall be in lieu of any pension or gratuity which might s. 3.
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 Enrolurnarts
gratuity the highest pensionable emoluments ever enjoyed by the teacher in to be IiIhrn
for com-
the course of his teaching service in the Island shall be taken. putation of
pensions.
dC.
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
(a) in respect of service as a teacher in this island- s. 3.
(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
2711958 Governor-General under reguMon 15, and the school,
s. 2 (1). college or institution, to which he is appointed;
(ii) the date of commencement and termination of every
such appointment, and the nature, salary and
allowances in respect thereoc
(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;
(ii) the date of the commencementand 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
this regulation shall be supplied-
(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.
45/1%1 (3) The Minister responsible for education may requirc any
s. 3. 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
45/1961 Minister responsible for education may, take such action, includmg deletion
s. 3. 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.
2711958 (6) No service in Mpect of which a tcachcr docs not draw a salary,
s. 12. 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.
PENSIONS (TEACHERS) 21
(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 11. 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.
Teacher
retiring on
22.41) This regulation applies to a teacher who-
account of
(a) is permanently injured in the actual discharge of his duty by
injup or
disease. some injury specifically attributable to the nature of his duty
27'1958 which is not wholly or mainly due to, or seriously aggravated
s. 12. 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
* misconduct; or
(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.
Tearher 23.-(1) Ifa teacher-
Ixtiring on
account of ill (a) retires h m teaching service in the circumstances described
health. in paragraph (iii) of subsection (1) of section 6 of this Act; and
27/ 1958
s. 12. (b) at the date of his retirement has bken in teaching seMce for
more than ten years but less than twenty years,
3 lI2W he may be granted an additional pension at the rate of one five-fortieth of his
Sch 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.
War service. 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 theseRegulations.
(2) Where the Govemor-General has made a declaration under
paragmph (1) in relation to a teacher, then-
(a) 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;
(b) 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:
2711958
m d e d that no such period shall exceed six months unless
s. 2 (1). the Govemor-Gendinany special caseothemisedirects;
(c) if during any period of war service such teacher bas qualified
for pension, ur received emoluments in lieu of pension rights,
actually in respect of militaly service, sub-paragraph (a) of
this paragfaph shalt 8s mpects that have effect as
me inclusion of this page is authorized by L.N. SSnOOS]
PENSIONS (TEACHERS?
(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
option exercisable on his retirement from teaching service, be paid in lieu of
such pension a pension at the rate of threefourths of such pension together
Ez:,
Gratuity and
I,,N,
with a gratuity equal to twelve and one-half times the amount of the reduction io811954.
so made in the pension:
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.
PART I. contd.
To The circumstances and Annual rate of
Item whom pension conditions affecting pension not
No. payable eligibility for pension esceeding
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~ i [his page is authorized by L.N. 871200.lj
PENSIONS (TEACHERS)
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.
4. For the purposes of this Part "dependants" means any person entitled
to a pension under Part I.
SCHEDULE (Regulation 7)
Aden
Bahamas
Barbados
Basutoland
Bechuanaland Protectorate
Bermuda
British Guiana
British Honduras
British Solomon Islands
Protectorate
Cayman Islands
cypvprus
Dominion
Falkland Islands
Federated Malay States
L.S. Federation of Malaya
140 1955.
L.S. Federation of Nigeria
140 1955.
3 Nyasalanc
Federation of Rhodesia ar~c
Fiji
Gambia
I,.$. Ghana
114 1959
Gibraltar
Gilbert and Ellice Islands
Colony
Gold Coast
Grenada
Hong K o ~ g
Kenya
Leen ard Islands
Mala! an Establislurrei~t
Malayan Union
Malta
[The ~nclusionof this page is authorized by L.N. 87120041
PENSIONS (ZEACHERS)
Mauritius
L.N.
Nigeria 14011955.
Nigeria-Eastern Region Lh'.
140:1955.
Nigeria-Northern Region L.N.
14011955.
Nigeria-Westem Region
Northern Rhodesia
Nyasaland
St. Helena
St. Lucia
St. Vincent
Seychelles
Siem Leone
Singapore
Somaliland
Straits Settlements
Swaziland
Tanganyika Tenitoq
Trinidad
Turks and Caicos Islands
Uganda
Zanzibar.