Teachers (Superannuation) Act 1945
| Jurisdiction | UK Non-devolved |
| Citation | 1945 c. 14 |
Teachers (Superannuation) Act, 1945
(8 & 9 Geo. 6.) CHAPTER 14.
An Act to amend the definition of contributory service for the purposes of the Teachers (Superannuation) Act, 1925, to extend the enactments relating to the superannuation of teachers to certain persons employed in connection with the provision of educational services otherwise than as teachers, and to make other amendments of the law relating to the superannuation of teachers and such persons as aforesaid.
[28th March 1945]
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:—
1 Definition of contributory service for the purposes of 15 & 16 Geo. 5. c. 59.
(1) The definition of contributory service contained in section two of the Teachers (Superannuation) Act, 1925 (hereinafter referred to as ‘the principal Act’), shall have effect only in relation to service before the date of the commencement of this Act; and in relation to service on or after that date the expression ‘contributory service’ shall for the purposes of the said Act mean full-time service—
(a ) as a teacher in a school or county college maintained by a local education authority under the Education Act, 1944 , being a school or college in respect of which grants are made by the Minister to the authority;
(b ) as a teacher in any establishment maintained by a local education authority in pursuance of a scheme of further education or in pursuance of the provisions of section forty-seven of the Education Act, 1944, or of section seventy-five of the Education Act, 1921 , being an establishment in respect of which grants are made by the Minister to the authority;
(c ) as a teacher in a school in respect of which grants are made by the Minister to the proprietor thereof;
(d ) as a teacher of such kind as may be prescribed in a special school not maintained by a local education authority, in an approved school, or in a school provided by the council of a county or county borough under the provisions of section fifty-three of the Poor Lar Act, 1930 ;
(e ) as a teacher of such as may be prescribed in a certified institution as defined by section seventy-one of the Mental Deficiency Act, 1913 , or as a teacher of such kind as may be prescribed employed by a local authority in the exercise of their functions under paragraph (cc ) of section thirty of that Act;
(f ) as a teacher employed by a local education authority, or by any person or body of persons in respect of whose expenditure grants are made by the Minister, in any service other than such service as is hereinbefore mentioned, being service approved by the Minister for the purposes of this paragraph;
(g ) as a teacher of such kind as may be prescribed employed by a voluntary association which is in receipt of contributions in pursuance of a scheme in force under subsection (2) of section one hundred and two of the Local Government Act, 1929 ;
(h ) in the case of a person whose service in any capacity was, before the first day of April, nineteen hundred and nineteen, recorded by the Board of Education under the Elementary School Teachers (Superannuation) Act, 1898, as a teacher in any capacity approved by the Minister for the purposes of this paragraph; or
(i ) as a teacher in any school which was approved by the Treasury for the purposes of paragraph (vii) of section eighteen of the School Teachers (Superannuation) Act, 1918, during any period during which the school satisfies the conditions mention ned in that paragraph, unless the Minister, upon the application of the proprietor of the school, has determined that service in that school shall not be treated as contributory service, or the Board of Education have made a like determination in relation to the school under the powers conferred by the principal Act:
Provided that the foregoing definition shall have effect subject to provisos (a ) and (b ) to subsection (1) of section two of the principal Act.
(2) For the purposes of the foregoing subsection:—
(a ) a teacher shall be deemed to be employed in full-time service in any such school as is therein mentioned if the Minister 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, such a school;
(b ) the service of any person shall be deemed to be service as a teacher if the Minister is satisfied either that the service 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; and
(c ) the service of any person shall be deemed to be service as a teacher if it is service in any capacity in which it is his principal duty to attend any establishment for providing social or physical training and either to provide or to supervise the provision of such training therein;
and references in the principal Act to teachers shall be construed accordingly.
(3) In relation to service after the commencement of this Act section two of the principal Act shall have effect as if subsection (2) were omitted therefrom.
2 Superannuation of certain persons serving in the educational service otherwise than as teachers.
(1) Where the Minister is satisfied with respect to service of any particular kind that it is not service as a teacher and is not service which to a substantial extent involves the control or supervision of teachers, but that it is service which to a substantial extent involves the performance of duties of an organising or advisory character in connection with the provision of education or of services ancillary to education, and that it is service in the performance of which teaching experience is of value, he may approve service of that kind for the purposes of this subsection; and if any person is employed by a local education authority after the commencement of this Act in service of a kind so approved, his said employment after the commencement of this Act shall, if he makes application to the Minister for that purpose within the prescribed time and in the prescribed manner, be treated for the purposes of the principal Act as if it were employment as a teacher in contributory service, and references in the principal Act to teachers and to contributory service shall be construed accordingly:
Provided that the employment of a person shall not be treated as employment in contributory service by virtue of this subsection unless he has previously been employed for not less than three years, whether in England or Wales or elsewhere and whether before or after the commencement of this Act, as a teacher in a capacity approved by the Minister.
(2) Where the Minister is satisfied with respect to service of any particular kind that it is not service as a teacher but is service which to a substantial extent involves the performance of duties of an organising or advisory character in connection with the provision of education or of services ancillary to education, he may approve service of that kind for the purposes of this subsection; and if any person is employed after the commencement of this Act in service of a kind so approved, and his said employment is not employment in the service of a local education authority but is employment in the service of a person or body of persons in respect of whose expenditure grants are made by the Minister, his said employment after the commencement of this Act shall if he makes application to the Minister for that purpose within the prescribed time and in the prescribed manner be treated for the purposes of the principal Act as if it were employment as a teacher in contributory service, and references in the principal Act to teachers and to contributory service shall be construed accordingly.
(3) Where under section one of the Teachers Superannuation (War Service) Act, 1939 , a period of war service is treated for the purposes of Part II of the principal Act as if it were a period of contributory service, that period of war service shall also be treated as if it were a period of service as a teacher in a capacity approved by the Minister for the purposes of this section and of section fourteen of the principal Act.
3 Provisions with respect to independent superannuation schemes.
(1) Notwithstanding anything in any enactment, a person employed in contributory service shall not be subject to an independent superannuation scheme in respect of that service.
(2) Where a person who becomes employed in contributory service at or after the commencement of this Act:—
(a ) has, not more than one year before he so becomes employed in contributory service, been subject to an independent superannuation scheme; and
(b ) would, but for the foregoing subsection be subject to such a scheme in respect of the service in which he so becomes employed;
the service in which he so becomes employed shall not be treated as contributory service, and he shall be subject to the independent superannuation scheme accordingly:
Provided that if any person who is subject to an independent superannuation scheme by virtue of the foregoing provisions of this subsection elects within the prescribed time and in the prescribed manner to withdraw from the scheme, the said provisions shall not have effect in relation to any service in...
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