Teachers (Superannuation) Act 1925
| Jurisdiction | UK Non-devolved |
| Citation | 1925 c. 59 |
Teachers (Superannuation) Act, 1925
(15 & 16 Geo. 5.) CHAPTER 59.
An Act to make provision with respect to the grant of superannuation allowances and gratuities to teachers and to persons employed in the control or supervision of teachers and to their legal personal representatives and to amend the Elementary School Teachers (Superannuation) Act, 1898, and the School Teachers (Superannuation) Acts, 1918 to 1924.
[7th August 1925]
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:—
Part I.
Application.
1 Application of Act.
(1) In the case of teachers who after the commencement of this Act are employed in contributory service within the meaning of Part II. of this Act, the provisions of the said Part II. shall have effect in substitution for the provisions of the School Teachers (Superannuation) Acts, 1918 to 1924, and superannuation allowances and gratuities shall be granted to and in respect of all such teachers accordingly:
Provided that—
(a ) Nothing in this Act shall affect the right of any person to a deferred annuity under the Elementary School Teachers (Superannuation) Act, 1898 , as amended by sections twelve and thirteen of the School Teachers (Superannuation) Act, 1918; and
(b ) Part II. of this Act shall not apply to any certificated teacher who gave notice under section four of the School Teachers (Superannuation) Act, 1918 , that he did not accept that Act, unless within three months after the commencement of this Act he gives notice to the Board of Education (hereinafter referred to as ‘the Board’) that he accepts Part II. of this Act.
(2) In the case of teachers who are not employed as aforesaid the provisions of section eight of this Act shall have effect, and the provisions of the Elementary School Teachers (Superannuation) Act, 1898, and of the School Teachers (Superannuation) Acts, 1918 to 1924, shall continue to have effect subject to the amendments contained in Part III. of this Act.
Part II.
Permanent Provisions.
2 Kinds of service in respect of which superannuation allowances and gratuities may be granted.
(1) The kinds of service in respect of which superannuation allowances and gratuities may be granted under this Part of this Act shall be as follows:—
(a ) ‘Recognised service,’ that is to say, service before the commencement of this Act, which is—
(i) recognised service within the meaning of the School Teachers (Superannuation) Acts, 1918 to 1924, as amended by this Act; or
(ii) determined by the Board to be such full time service as a teacher as would, if it had been service wholly in the capacity of a teacher, have been recognised service within the meaning of the last-mentioned Acts as amended by this Act; or
(iii) grant-aided service in the capacity of a teacher in full-time service otherwise than in a school in the employment of a local education authority and approved by the Board for this purpose;
(v) service since the thirty-first day of March, nineteen hundred and nineteen, which, but for the provisions of subsection (1) of section one of the Elementary School Teachers (Superannuation) Act, 1898, or of paragraph (ii) of section four of the School Teachers (Superannuation) Act, 1918, would have been recognised service within the meaning of the last mentioned Act as amended by this Act:
Provided that, except where otherwise expressly provided, no period of service after the thirty-first day of May, nineteen hundred and twenty-two, shall be treated as recognised service unless the contributions, which were required under the School Teachers (Superannuation) Act, 1922, as amended by the School Teachers (Superannuation) Act, 1924, in respect of recognised service within the meaning of those Acts during that period, are paid within the prescribed time.
(b ) ‘Contributory service,’ that is to say, service as a teacher after the commencement of this Act which the Board determine to be full time service either—
(iii) in the capacity of a certificated teacher in service which is recognised service within the meaning of the School Teachers (Superannuation) Act, 1918, by virtue of the provisions of paragraph (v) if section eighteen of that Act; or
(iv) in the capacity of a teacher of such kind as may be prescribed, in a grant-aided nursery school; or
(vi) in the capacity of a teacher in any other grant-aided school; or
(vii) in the capacity of a teacher in grantaided service, otherwise than in a school, in the employment of a local education authority, and approved by the Board for this purpose:
(viii) in the capacity of a teacher in a school which though not grant-aided was approved by the Treasury for the purposes of paragraph (vii) of section eighteen of the School Teachers (Superannuation) Act, 1918, during any period in which the school satisfies the conditions mentioned in that paragraph, except where the Board upon the application of the persons responsible for the management of any such school, determine that service in that school shall not be treated as contributory service:
Provided that—
(a ) no service in respect of which contributions are payable under the Poor Law Officers Superannuation Act, 1896 , or under the Asylums Officers Superannuation Act, 1909 , as amended by the Asylums and Certified Institutions (Officers' Pensions) Act, 1918 , shall be deemed to be contributory service; and
(b ) if in respect of any period of service after the commencement of this Act for which contributions are required to be paid under this Part of this Act, such contributions are not paid within the prescribed time, that period shall, unless the Board otherwise direct, and without prejudice to the power of the Board to recover any such contributions, be treated as not having been a period of service in contributory service.
(2) For the purposes of this Part of this Act—
(a ) a teacher may be deemed to be employed in full-time service in a grant-aided school if the Board is satisfied that he is employed in full-time service, which is mainly and primarily service in the capacity of a teacher in such a school, and, in so far as it is not such service, is service in some other school under the same management as, and educationally connected with, a grant-aided school; and
(b ) service may be deemed to be service as a teacher if the Board are satisfied either that the employment is wholly in the capacity of a teacher or that it is mainly and primarily in the capacity of a teacher and that any other duties of the employment are educational duties connected with the duties in that capacity.
3 Qualifications for grant of superannuation allowances.
(1) Subject to the provisions of this Act, the Board shall grant such superannuation allowances as are hereinafter in this section mentioned to any teacher who—
(a ) has attained the age of sixty years and been employed for not less than thirty years in employment which is recognised, contributory or qualifying service, and of which not less than ten years was recognised or contributory service and not less than the prescribed period was after the thirty-first day of March, nineteen hundred and nineteen; or
(b ) being a teacher to whom the Elementary School Teachers (Superannuation) Act, 1898, applied on the first day of April, nineteen hundred and nineteen, has attained the age of sixty years and been employed in service which is recognised or contributory service for periods 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
(c ) has attained the age of sixty years, been employed for not less than ten years in service which is recognised or contributory service, and been so employed for periods equal in the aggregate to not less than two-thirds of the number of years between the date on which he was first employed in contributory or recognised service and the date on which he attained or will attain the age of sixty-five years; or
(d ) having been employed in service which is recognised service or contributory service for not less than ten years and having been so employed within the prescribed time before the date on which he applies for a superannuation allowance...
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