1. THE PENSION (TEACHERS) ACT 1947 AND
RETIREMENT FROM THE TEACHING SERVICE

2. THE PENSION (TEACHERS) ACT OF 1947
Sets out the conditions under which a
teacher may be granted a pension or
pension benefits

3. Section 5 – (1) clearly states that
“no teacher shall have an absolute right to
compensation for past services or to pension
or gratuity.

4. Subsection (2) is worthy of note thus,
“Where it is established to the satisfaction of
Governor General that a teacher has been
guilty of:

5. Negligence

6. Irregularity

7. Misconduct

8. The pension or gratuity may be reduced or
Altogether withheld

9. Circumstances under which pension may be granted:

10. Section 6 (1) No pension or gratuity shall be
granted under this Act to any teacher except
on his retirement from the teaching and
unless

11. he has attained the age of fifty-five years
or over;

12. (ii) In the case of transfer to other teaching
service, he has attained the age at which he
is permitted by the law or regulations of the
teaching service in which he is last employed
to retire on pension or gratuity, on any greater
age, or

13. (iii) it is certified on medical evidence to the
satisfaction of the Governor General, that is
incapable by reason of any infirmity of mind
or body of continuing efficiently in teaching
Service and that such infirmity is likely to be
permanent, or

14. (iv) in the case of teaching service in this
island, on termination of employment in the
public interest as provided in this Act

15. (v) On the abolition of his office, or
(vi) On compulsory retirement for the
purpose of facilitating improvement in the
teaching service in which he is employed, by
which greater efficiency or economy can be
effected

16. Section 6 (2) For the avoidance of doubt it is declared that
without prejudice to the right of any teacher
to retire from the teaching service on attaining
the age of fifty-five years or at any time
thereafter, the normal age of retirement from
teaching service shall be sixty years.

17. RETIREMENT IN THE PUBLIC INTEREST
Section 7 (1)
‘If the Governor General is satisfied, having
regard to the conditions of the teaching service, the usefulness of the teacher thereto and all the other circumstances of the case, that it is desirable in the public interest so to do, he may require any teacher in teaching service in this Island to retire from such teaching service.

18. APPLYING FOR A PENSION OR GRATUITY
Where a teacher has ascertained the age of
fifty-five years or over he may apply for
pension benefits.
However, on the teacher’s fifty-ninth birthday
birthday the Ministry of Education will inform
the teacher to make arrangements for retirement.

19. RELEVANT DOCUMENTS Letter of Election Application of advance
Statutory declaration of birth

20. ROLE OF THE MINISTRY OF EDUCATION
To establish a service record of the
teacher to include:
(i) The full name and the age of the teacher
The date of the commencement and
termination of every such appointment and the nature, salary and allowances in respect thereof.

21. All periods of leave, whether on full,
half or no pay. ( Regulations 17 )

22. The teacher is required to sign service
record in quadruplicate.

23. STAGE 2 Ministry of Education sends file to the
Ministry of Finance where file is
checked and a gratuity and reduced pension is established then sent to Accountant
General’s Department for payment.

24. Stage 3 The file is sent to the Accountant General’s
Department where the gratuity and pension
benefits are calculated.

25. How to Calculate Gratuity and Reduced Pension
Stage 4
How to Calculate Gratuity and Reduced Pension
Steps
1. Add all annual pensionable emoluments
2. Ascertain number of months of pensionable service

26. Stage 4 cont’d
3. Divide number of months of pensionable service by 540 then multiply by total pensionable emolument
Multiply pension figure by to establish gratuity
Multiply pension figure by 0.75 to ascertain annual pension
Divide annual pension by 12 to arrive at the monthly pension

27. Pension Calculation
Trained Teacher Graduate at the maximum of the scale with three seniority allowances and post of special responsibility three, and thirty-five years of service.
Basic Salary 1,289,280 (w.e.f )
Seniority ,259
PSOR (3) ,192.60
TOTAL 1,532,731.60

28. Finding Figure used to Calculate Pension
Number of pensionable months
35 x 12= 420 months
420 ÷ 540 x highest annual emoluments
= 1,192,124.40

29. Gratuity 1,192,124.40 x 3.125 = 3,725,388.70 Annual Pension
Monthly Pension
894,093 ÷ 12 = 74,507.75

30. PENSIONS (PUBLIC SERVICE) ACT,2015
A DRAFT BILL

31. Implementation Date
With effect from April 1,2016 ,all pensionable officers shall, by virtue of the provision of this Act ,become members of the Scheme and shall be required to contribute to the Fund.

32. Pension Fund
10 (1)
Commencing as from such date as the Minister shall determine ,the Government shall pay into the Fund , in respect of each pensionable officer periodic contributions in such amounts and manner as may be determined by the Minister by order , subject to affirmative resolution of the House of Representative.

33. Pension Contribution 11(1)
As a contribution towards the pensions , gratuities and other allowance provided for under this Act, there shall be deducted from the salary of a pensionable officer ,an amount of five percent of such salary.

34. Refund of Contribution
12 (1) A pensionable officer shall be eligible to receive a refund of his contributions paid into the Fund ,in any of the following circumstances –
(a) on the abolition of the office of the pensionable officer where he has less than ten years service;
(b) on the resignation of the pensionable officer from the service;
(c) on the dismissal of the pensionable officer from the service.

35. Refund of Contribution (cont’d)
12 (4) Where a pensionable officer from whose pay deductions have been made by way of contributions to his pension ,gratuity or other allowance ,dies in circumstances where he has less than ten years service ,and no pension ,gratuity or allowance has been paid ,or is payable under this Act ,his legal personal representative shall be entitled to a refund of the amount of the deductions so made.

36. Normal Retirement Age 14(1)
the normal retirement age of a new years public officer shall be sixty-five

43. Early Retirement
15(1) …. A pensionable officer may be being an existing granted early retirement from the public service by the Governor General and be eligible to receive pension ,gratuity or other allowance if –
(a) being an existing public officer ,he will ,during any of the months during the transition period …. attain the corresponding age specified

44. Early Retirement
(b) he is a new public officer and has attained the age of sixty years ,or
( c ) on medical evidence to the satisfaction of the governor General ,he is incapable by reason of any infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent.

45. Early Retirement (cont’d)
15(2) Where a pensionable officer is granted early retirement in the circumstances referred to above there shall be deducted from such pension ,gratuity or other allowance payable to the officer at that time ,an amount at the rate of one percent of his pension ,gratuity or other allowance for each year prior to the year in which the pensionable officer would have been eligible to take normal retirement (65)

46. Death Benefits
27 Where a pensionable officer dies in the Public Service the Governor General may grant to the legal personal representative of the officer ,a gratuity of an amount not exceeding either one year’s pensionable emoluments of the officer or his commuted pension ,gratuity ,if , any whichever is the greater.

47. Survivor’s Benefit
30 ‘benefit’ means any benefit payable to a relevant child , surviving spouse ,mother or father. ‘relevant child’ means – (a) a child of both spouses or (b) a child of one spouse who is accepted as one of the family by the other spouse.

48. Survivor’s Benefit (cont’d)
‘child’ includes an adopted child and a child of a void marriage
‘spouse’ includes----
(a) a single woman who has cohabited with a single man as if she were in law his wife ,for a period of not less than five years,
(b) a single man who has cohabited with a single woman as if he were in law her husband for a period of not less than five years.

49. Questions
and
Comments

50. That’s A Wrap!
Thank You