Teachers (Superannuation) Act 1937
| Jurisdiction | UK Non-devolved |
| Citation | 1937 c. 47 |
| Year | 1937 |
Teachers (Superannuation) Act, 1937
(1 Edw. 8 & 1 Geo. 6.) CHAPTER 47.
An Act to amend the Teachers (Superannuation) Acts, 1918 to 1935, and to provide for amendment of the Superannuation Scheme framed under the Education (Scotland) (Superannuation) Acts, 1919 to 1935, so as to permit allocation of part of a teacher's or educational organiser's superannuation benefits to a spouse or dependant, and to make further and better provision for the payment of contributions when service is discontinued; to extend paragraphs (b ) and (c ) of subsection (1) of section twenty-one of the Teachers (Superannuation) Act, 1925, to educational organisers; and for purposes connected with the matters aforesaid.
[13th July 1937]
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 Allocation of part of superannuation benefits to spouse or dependant.
(1) The Board of Education (hereafter in this Act referred to as ‘the Board’) may, with the consent of the Treasury and after consultation with representatives of teachers affected, make rules—
(a ) for securing that, in such circumstances and subject to such conditions as to proof of good health and other matters as may be specified in the rules, a teacher to whom an annual superannuation allowance is granted as from a date not earlier than three months after the commencement of this Act, under the School Teachers (Superannuation) Act, 1918 (hereafter in this Act referred to as ‘the Act of 1918’), or under the Teachers (Superannuation) Act, 1925 (hereafter in this Act referred to as ‘the Act of 1925’), or under a scheme made under section twenty-one of the Act of 1925, otherwise than by reason of infirmity of mind or body (not being a teacher to whom a superannuation allowance has at any previous time been payable otherwise than by reason of infirmity of mind or body), shall be allowed to surrender, as from the date of commencement of the allowance, in return for the benefits of the rules, such part not exceeding one-third of the allowance as may be specified in the rules; and
(b ) for enabling the Board to grant, in return for such surrender as aforesaid, according as the teacher may in conformity with the rules elect, either—
(i) to the spouse or to a dependant of the teacher a pension payable in respect of the period, if any, for which the spouse or dependant survives the teacher; or
(ii) to the teacher an annuity payable as from the date of commencement of the superannuation allowance in respect of the period of the joint lives of himself and his spouse and to the spouse a pension payable in respect of the period, if any, for which the spouse survives the teacher.
(2) The amount of the pension granted under sub-paragraph (i) of paragraph (b ) of the foregoing subsection, or the amounts of the annuity and pension granted under sub-paragraph (ii) of that paragraph, as the case may be, shall be such that the value, or the aggregate value, thereof shall be actuarially equivalent (according to tables to be prepared from time to time by the Government Actuary), at the date of the commencement of the superannuation allowance, to the value of that part of the allowance which is surrendered, so, however, that the said amount or amounts shall be reduced to such extent as the Government Actuary considers sufficient to recoup to the Board the cost, as estimated by them, of administering the provisions of this section.
(3) If any teacher has surrendered part of a superannuation allowance, whether in accordance with rules made under this section or in accordance with the amending scheme framed in pursuance of section four of this Act, then—
(a ) for the purpose of calculating the amount of any supplementary death gratuity which may be granted under subsection (2) of section five of the Act of 1925, the sums paid to him and to his legal personal representatives by way of annual superannuation allowance shall be taken to be the sums which would have been so paid but for the surrender; and
(b ) for the purpose of computing the balance of his contributions under section twelve of the Act of 1925, the sums payable under that Act to him or to his legal personal representatives (including any sums paid to him or them which under subsection (6) of that section are to be treated as if paid under Part II of that Act) shall be taken to be the sums which would have been so payable but for the surrender.
(4) If any teacher has surrendered part of a superannuation allowance in accordance with rules made under this section, then—
(a ) for the purpose of calculating the amount of any supplementary death gratuity which may be granted under subsection (2) of section three of the Act of 1918, the sums received or receivable by him on account of annual superannuation allowance shall be taken to be the sums which would have been so received or receivable but for the surrender;
(b ) the amount of any annual superannuation allowance granted or restored by virtue of subsection (1) of section six of the Act of 1925 shall be the amount which would have been so granted or restored but for the surrender, reduced by the amount surrendered; and
(c ) for the purpose of determining whether any and, if so, what amount may be paid to him under subsection (4) of section five of the Act...
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