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Education (Scotland) (War Service Superannuation) Act 1939

As Enacted Cited authorities 3 Cited in Amendments 25 Related
Vincent
JurisdictionUK Non-devolved
Citation1939 c. 96
Year1939


Education (Scotland) (War Service Superannuation) Act, 1939

(2 & 3 Geo. 6.) CHAPTER 96.

An Act to enable war service to be treated as service under any scheme framed in pursuance of the Education (Scotland) (Superannuation) Acts, 1919 to 1937.

[5th September 1939]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 War service by teachers to be reckoned for superannuation.

1 War service by teachers to be reckoned for superannuation.

1. For the purposes of the Education (Scotland) (Superannuation) Acts, 1919 to 1937, and of any scheme made under the said Acts or any of them (hereinafter referred to as ‘the Scheme’)—

a ) a person who has given war service for part of the period between the date on which he was admitted or accepted for admission to preliminary training or to a training centre or college and the date on which he completed his course of training shall be deemed to be a teacher
b ) war service shall be deemed to be service provided that any period of war service rendered by a person to whom the foregoing paragraph applies shall be deemed not to have exceeded the period by which the completion of his course of training was thereby delayed and to have been given during the period immediately preceding the date of such completion
c ) a teacher shall during any period of war service be deemed to be in receipt of a salary equal to such annual sum as in the opinion of the Secretary of State he would have received if he had been employed during that period in service other than war service.
S-2 Contributions not to be payable except in certain circumstances.

2 Contributions not to be payable except in certain circumstances.

(1) Notwithstanding anything contained in section two of the Education (Scotland) (Superannuation) Act, 1925 , the payment of contributions shall not be required in respect of any teacher engaged in war service for any part of the period of such service unless for that part—

(a ) payments are made to or in respect of him under section one of the Local Government Staffs (War Service) Act, 1939 ; or

(b ) payments are made otherwise than under the said section one by the governing body or other body of managers by whom he was employed immediately before undertaking war service to supplement his war service pay; or

(c ) the amount of his war service pay is equal to or exceeds the amount of his salary.

(2) In the application of the said section two to any period in respect of which contributions are payable by virtue of the last foregoing subsection, references in that section to the education authority, governing body, or other body of managers by whom the teacher is employed shall be construed as references to the education authority, governing body or other body of managers by whom the teacher was employed immediately before undertaking war service.

S-3 Payment and collection of contributions in exceptional cases.

3 Payment and collection of contributions in exceptional cases.

(1) Where, by virtue of the last foregoing section, contributions are payable for any period of war service of a person who is or who is deemed, by virtue of section one of this Act, to be a teacher within the meaning of the Scheme, and who was not immediately before undertaking war service employed by any education authority, governing body...

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