School Teachers (Superannuation) Act 1918
| Jurisdiction | UK Non-devolved |
| Citation | 1918 c. 55 |
| Year | 1918 |
School Teachers (Superannuation) Act, 1918
(8 & 9 Geo. 5.) CHAPTER 55.
An Act to make provision with respect to the grant of Superannuation Allowances to Teachers, and of Gratuities to their legal personal representatives, and to amend the Elementary School Teachers (Superannuation) Acts, 1898 to 1912.
[21st November 1918]
B E 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:
1 Superannuation allowances to teachers.
(1) Subject to the provisions of this Act, (including any rules made thereunder), the Board of Education (in this Act referred to as ‘the Board’) may grant such superannuation allowances as are hereinafter mentioned in this section to any teacher who—
(a ) has attained the age of sixty years, and has either—
(a ) for not less than thirty years in recognised or qualifying service; and
(b ) for not less than ten years, or, if he was employed in recognised service at the commencement of this Act, for not less than the prescribed number of years, in recognised service; and
(c ) for not less than the prescribed period after the commencement of this Act in recognised or qualifying service; or
(ii) being a teacher to whom the Act of 1898 applied at the commencement of this Act, been employed in recognised service for a period equal in the aggregate to not less than half the number of years between the date on which he became a certificated teacher and the date on which he attained or will attain the age of sixty-five years; or
(2) The superannuation allowances which may be granted under this section are—
(a ) an annual superannuation allowance of an amount not exceeding one-eightieth of the average salary of the teacher in respect of each completed year of recognised service, or one-half of the average salary, whichever is the less; and
(b ) by way of additional allowance a lump sum not exceeding one-thirtieth of the average salary of the teacher in respect of each completed year of recognised service, or one-and-a-half times the average salary, whichever is the less.
(3) In the case of a woman teacher, who after ceasing in consequence of marriage to be employed in recognised service has subsequently returned to recognised service and satisfies the prescribed conditions, such number of years, not being less than twenty, as may be prescribed, shall be substituted for thirty years as the qualifying period of service.
2 Gratuities in cases of short service.
2. Where a teacher who is not qualified for the grant of an annual superannuation allowance has been employed in recognised service for not less than the prescribed period after the commencement of this Act and within the prescribed period before the date on which he applies for a gratuity under this section and has, in the opinion of the Board, become permanently incapable through infirmity of mind or body of serving efficiently as a teacher in recognised service, the Board may, subject to the provisions of this Act (including any rules made thereunder), grant to him a gratuity of an amount not exceeding one-twelfth of his average salary in respect of each completed year of recognised service.
3 Death gratuities to legal representatives of deceased teachers.
(1) Subject to the provisions of this Act (including any rules made thereunder), the Board may grant to the legal personal representatives of any teacher who has been employed in recognised service for a period amounting in the aggregate to five years, of which not less than the prescribed part has been subsequent to the commencement of this Act, and dies while in recognised service, a death gratuity of an amount not exceeding the average salary of the teacher or the amount of the additional allowance which the Board might have granted to him if at the date of his death he had become permanently incapable of serving efficiently as a teacher in recognised service whichever is the greater:
Provided that a death gratuity shall not be granted in respect of any teacher who at the commencement of this Act was of the age of sixty years or upwards, or who fails to satisfy the Board in the prescribed manner that he was not of impaired health at the commencement of this Act.
(2) Where a teacher dies after having become qualified for the grant of an annual superannuation allowance, and the aggregate amount of the sums received or receivable by him up to the time of his death on account of annual superannuation allowance and additional allowance is less than the amount of his average salary, the Board may grant to his legal personal representatives a supplementary death gratuity not exceeding the difference between the amount of the average salary and the said aggregate amount.
4 Disqualification for benefits under Act.
4. The following teachers, that is to say—
(i) persons being or having been certificated teachers whose certificates had expired before the commencement of this Act, or who were at that date in receipt of any allowance under the Act of 1898; and
(ii) teachers who enter on recognised service for the first time after the commencement of this Act, and do not satisfy the Board in the prescribed manner of their physical capacity; and
(iii) certificated teachers who give notice in the prescribed manner and within the prescribed time that they do not accept this Act;
shall not be entitled to any benefits under this Act.
5 Re-employment of teachers.
(1) If a teacher in receipt of an annual superannuation allowance is again employed at whatever age as a teacher in recognised service, the allowance shall cease as from the date on which he becomes so employed, without prejudice, however, to the power of the Board under this Act to grant to him subsequently a fresh annual superannuation allowance.
(2) A teacher who has been granted an additional allowance or a gratuity and who is again employed in recognised service shall, on his subsequent retirement from recognised service, be qualified, subject to the provisions of this Act (including any rules made thereunder), for the grant of an additional allowance or gratuity in respect of each completed year of recognised service subsequent to the date on which he becomes so employed:
Provided that the amount receivable in any such case by way of additional allowance or gratuity shall not exceed a sum equal to the difference between the amount which might have been granted by way of additional allowance or gratuity in respect of the aggregate service of the teacher and the sum already received.
(3) Where a teacher who has been granted an additional allowance or gratuity is again employed in recognised service, the Board may, subject to the provisions of this Act (including any rules made thereunder), grant a death gratuity to his legal personal representatives:
Provided that the amount of any such death gratuity shall not exceed a sum equal to the difference between the amount which might have been granted by way of death gratuity in respect of the aggregate service of the teacher and the amount paid by way of additional allowance or gratuity.
(4) If a teacher of any age in receipt of an annual superannuation allowance is employed in any Government employment or in the employment (otherwise than as a teacher in recognised service) of a local education authority, then, if the salary and emoluments received by him in respect of the employment are not less than his salary at the date on which he ceased to be in recognised service, the superannuation allowance shall be suspended during the employment, and if they are less than that salary then only so much of the allowance shall be paid to him as with the salary and emoluments of the employment is equal to that salary.
For the purposes of this section the expression ‘Government employment’ means any employment the remuneration of which is paid out of the Consolidated Fund or out of moneys provided by Parliament.
6 No claim to superannuation allowances or gratuities as of right.
6. Nothing in this Act shall give any person an absolute right to any superannuation allowance or gratuity, and, except as in this Act provided, the decision of the Board on any question which may arise as to, or which may affect, the application of this Act to any person, or the qualification for any superannuation allowance or gratuity, or the amount of any superannuation allowance or gratuity, or on any question which may arise as to the amount of the average salary of any teacher, shall be final.
7 Payment and assignment of allowances.
(1) Every annual superannuation allowance shall be payable quarterly at such times and in such manner as the Treasury may determine.
(2) Every assignment of or charge on and every agreement to assign or charge any superannuation allowance or gratuity shall be void, and on the bankruptcy of a person entitled to any such allowance or...
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