PENSIONS (TEACHERS) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Pensions regulations

   4   Pensions, etc, to be paid out of Consolidated Fund

   5   Pensions etc, not of right

   6   Circumstances in which pension may be granted

   7   Retirement in the public interest

   8   [Repealed by Act 31 of 2002 s 2.]

   9   Suspension of pensions, etc, on re-employment

   10   Pensions, etc, not to be assignable

   11   Pension, etc, to cease on bankruptcy

   12   Pensions, etc, may cease on conviction

   13   Gratuity on death in service

      Pensions and gratuities on death of teacher in the course of duty

   14   Death or injury owing to war conditions

   15   Application of Act

   16   Refund of past contributions

   17   Question under Act to be determined by Governor-General

   18   Governor-General to consult Public Service Commission

      SCHEDULE

 

THE PENSIONS (TEACHERS) ACT

[Date of Commencement: 21st November, 1947]

Cap 288.

Laws
22 of 1955,
27 of 1958,
45 of 1961.

Acts
51 of 1975,
22 of 1979,
24 of 1994,
18 of 1998,
31 of 2002,
21 of 2003.

LNs
108/1954,
140/1955,
114/1959,
163/1966,
125/1972,
149B/79.

1   Short title

   This Act may be cited as the Pensions (Teachers) Act.

2   Interpretation

   (1) In this Act-

   "teacher" means a person who has service in a teaching capacity-

   (a)   in a secondary school;

   (b)   in a training college;

   (c)   in an elementary school; or

   (d)   in an institution approved by the Minister responsible for education;

[45/1961 s 2.]

   "teaching service" means-

   (a)   registered service as a teacher in this Island;

   (b)   other teaching service;

   "other teaching service" means whole-time service in a teaching capacity in an approved school;

   "public service" means service in a civil capacity under the Government of this Island or under the Kingston and St. Andrew Corporation or under a Parish Council, and any such other service as the Minister responsible for the public service may determine to be public service for the purpose of any provisions of this Act;

[LN 149B/79.]

   "registered service" means service entered in the registers in accordance with the provisions of this Act;

   "pensionable emoluments" means-

   (a)   in respect of teaching service in this Island, salary, responsibility remuneration, shift allowance and house allowance; and

[51/1975 s 2(a); 18/1998 s 2(b).]

   (b)   in respect of other teaching service, emoluments which account for pension in accordance with the law or regulations in force in such service;

   "salary" means the regular monthly amount, excluding any allowance, paid to a teacher with the authority of government, or, where teaching service is undertaken in an institution approved by the Minister responsible for education the regular monthly amount, excluding any allowance paid to the teacher during such service;

[45/1961 s 2.]

   "house allowance" means the house allowance which is granted in respect of the post to which a teacher is appointed, but does not include such allowance granted on condition that it shall not be pensionable:

[24/1994 s 2.]

   Provided that where a teacher is appointed to an office in respect of which no house allowance is granted but that teacher is provided with quarters, an amount equal to fifteen per cent of the minimum salary of the office to which the teacher is appointed shall, for the purposes of this Act, be regarded as house allowance;

   "responsibility remuneration" means an allowance in addition to salary, paid to a teacher in respect of the assignment to him of responsibility related, but additional to his duties as a teacher;

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