Elementary School Teachers (Superannuation) Act 1898
| Jurisdiction | UK Non-devolved |
| Citation | 1898 c. 57 |
| Year | 1898 |
Elementary School Teachers (Superannuation) Act, 1898
(61 & 62 Vict.) CHAPTER 57.
An Act to provide for Superannuation and other Annuities and Allowances to Elementary School Teachers certificated by the Education Department.
[12th August 1898]
Be it enacted by the Queen'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:
1 Elementary school teachers certificated after commencement of the Act.
(1)1.—(1.) A teacher certificated after the commencement of this Act shall not be recognised by the Education Department as a certificated teacher until the Department are satisfied in the prescribed manner of his physical capacity.
(2) (2.) In the case of a teacher who becomes a certificated teacher after the commencement of this Act, the following provisions shall, subject to rules under this Act, apply:—
(a .) His certificate shall expire on his attaining the age of sixty-five years, or if the Education Department, on account of his special fitness, allow his service to continue for a further limited time, then on the expiration of that limited time;
(b .) The teacher shall, while serving in recorded service, contribute to the deferred annuity fund under this Act at the rate, if a man, of three pounds, and if a woman, of two pounds, a year, or at such increased rate as may for the time being be fixed by the Treasury in accordance with this Act;
(c .) On his attaining the age of sixty-five years, or on any later date at which his certificate expires, he shall be entitled, out of the deferred annuity fund, to such annuity for the remainder of his life in respect of his contributions to that fund as may be fixed by the tables under this Act, but he shall not be entitled to any return of contributions or to any benefits in respect of his contributions other than that annuity;
(d .) On his attaining the age of sixty-five years, or on any later date at which his certificate expires, if he has contributed to the deferred annuity fund in accordance with this Act, and his years of recorded service are not less than half the number of years which have elapsed since he became certificated, the Treasury may grant to him, out of moneys provided by Parliament, an annual superannuation allowance calculated at the rate of ten shillings for each complete year of recorded service.
(3) (3.) If at any time the Education Department find that the average salaries of the certificated teachers calculated in the prescribed manner exceed by ten per cent., in the case of men one hundred and nineteen pounds thirteen shillings and threepence, or in the case of women seventy-six pounds eleven shillings and ninepence per annum, they shall certify accordingly to the Treasury, and the Treasury may by warrant, in the case of either sex, increase the rate of contribution to the deferred annuity fund under this Act by an amount not exceeding five shillings a year for each full ten per cent. of the excess.
(4) (4.) Any such certificate may be given and warrant made from time to time, and if in any year the Education Department consider that the average emoluments have been so reduced as no longer to justify any increase of contribution made by any such warrant, they may certify the same to the Treasury, and the Treasury may cancel their warrant accordingly.
(5) (5.) ‘Recorded service’ for the purposes of this Act shall be such service in the capacity of certificated teacher in a public elementary school, not being an evening school, as is recorded by the Education Department, and may include such service as is so recorded in the capacity, within the meaning of the Education Code, either of a teacher in a training college, or of organising teacher, or of teacher of a central class for pupil teachers, or in such other capacity in or connected with public elementary schools as may be for the time being prescribed, or in the capacity of a certificated teacher in a certified reformatory or industrial school; but no service after the teacher attains the age of sixty-five years, shall be recorded service for the purpose either of contribution to the deferred annuity fund, or of determining the amount of any allowance under this Act.
2 Allowances to incapacitated teachers.
(1)2.—(1.) Where a teacher satisfies the Treasury in the prescribed manner that he—
(a ) has served a number of years of recorded service not less than ten and not less than half the years which have elapsed since he became certificated; and
(b ) has not at the date of the application been for more than the prescribed time unemployed in recorded service; and
(c ) has become permanently incapable, owing to infirmity of mind or body, of being an efficient teacher in a public elementary school; and
(d ) is not excluded by the prescribed disqualifications;
the Treasury may, subject to the prescribed conditions and to the provisions of this Act, grant to such teacher out of moneys provided by Parliament an annual allowance (in this Act called ‘a disablement allowance’) not exceeding—
(a ) if the teacher is a man, twenty pounds for ten complete years of recorded service, with the addition of one pound for each complete additional year of recorded service; and
(b ) if the teacher is a woman, fifteen pounds for ten complete years of recorded service, with the addition of thirteen shillings and fourpence for each complete additional year of recorded service; and
(c ) in any case, the total annual sum which the teacher might obtain from an annuity and superannuation allowance under this Act by continuing to serve until the age of sixty-five years.
(2) (2.) If the grantee of a disablement allowance attains the age of sixty-five years, any annuity which would otherwise be payable to the grantee out of the deferred annuity fund shall, except where the allowance has ceased by reason of the grantee being again employed as a teacher in recorded service, be paid to the Treasury and applied as they direct towards the payment of disablement allowances, and, in that case, the Treasury shall not award any superannuation allowance to the grantee.
(3) (3.) A disablement allowance shall be reconsidered by the Treasury at intervals not exceeding three years; and the rules shall provide for the suspension, cessation, or reduction of the allowance in whole or in part, if the prescribed conditions are not complied with or the prescribed disqualifications apply, and those disqualifications shall deal with the cases of persons who have caused or increased their infirmity by their own misconduct or default, or who marry or cease to be incapable, or become in such a position as not to be in pecuniary need of the allowance.
3 Collection of contributions and deferred annuity fund arising therefrom.
(1)3.—(1.) The contributions under this Act from...
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