Teachers (Superannuation) Act 1956

SCHEDULES

Section 10.

FIRST SCHEDULE Modification of enactments in relation to teachers electing under s. 10 of this Act

Enactment to be modified	Modification
The School Teachers (Superannuation) Act, 1918.
Section three	The question whether any, and if so what, amount is payable by way of supplementary death gratuity under subsection (2) of this section shall be determined as if the teacher had not made the election and all relevant payments had been paid accordingly in his case.
Section five	Subsection (4) of this section shall apply to so much only of the annual allowance as would have been payable apart from the election.
The Teachers (Superannuation) Act, 1925.
Section five	The question whether any, and if so what, amount is payable by way of gratuity under subsection (1) or subsection (2) of this section shall be determined as if the teacher had not made the election and all relevant payments had been made accordingly in his case.
Sections six and eight	In these sections references to the determination, suspension or restoration of an annual allowance shall be construed as referring to so much only of the allowance as would be payable apart from the election.
Section twelve	The balance of the teacher's contributions shall be ascertained under paragraph (a) of subsection (5) of this section as if he had not made the election and all relevant payments had been made accordingly in his case.
Section fourteen	The amount of any payments which may be made by the teacher's employer under paragraph (a) or paragraph (b) of subsection (3) of this section shall be calculated as if the teacher had not made the election and all relevant payments had been made accordingly in his case.
The Local Government Act, 1929.
Section one hundred and twenty-four.	The amount of any sum falling to be paid by the relevant council under paragraph (c) of subsection (5) of this section shall be calculated as if the teacher had not made the election and all relevant payments had been made accordingly in his case.
The Teachers (Superannuation) Act, 1937.
Section one	The reference in this section to the annual allowance, part of which may be surrendered under the section, shall be construed as referring to so much only of the allowance as would be payable apart from the election.
The Local Government Superannuation Act, 1937.
Section seventeen	In determining the extent to which an amount receivable by the teacher in any year in respect of a superannuation allowance under Part I of the Act is to be reduced by virtue of subsection (1) of this section— (a) no regard shall be had to any part of the teacher's annual allowance under the Teachers (Superannuation) Acts, 1918 to 1956, which is attributable to the election; and (b) the teacher shall be treated for the purpose of paragraph (b) of the proviso to the said subsection, and the necessary computation shall be made under this paragraph, as if the teacher had not made the election and all relevant payments had been made accordingly in his case.
The Pensions (Increase) Act, 1944.
Paragraphs 2 and 3 of the Second Schedule	References in these paragraphs to the pension shall be construed as referring to so much only of the pension as would have been payable apart from the election.
The Pensions (Increase) Act, 1952.
Paragraph 2 of the Second Schedule	The reference in this paragraph to the annual rate of the pension shall be construed as referring to so much only of the pension as would have been payable apart from the election.
The Pensions (Increase) Act, 1956.
Section eleven	In the definition of " basic rate ", the reference to the annual rate of the pension shall be construed as referring to so much only of the pension as would have been payable apart from the election.

Section 23.

SECOND SCHEDULE Provisions as-to approved external service

1 Where a teacher has been employed in approved external service as defined in subsection (1) of section thirteen of the principal Act (hereafter in this Schedule referred to as " approved external service ") being service of the kind described in paragraph (a) or paragraph (b) of subsection (1) of that section, as well as in recognised or contributory service, and a pension is payable to the teacher in respect of the approved external service otherwise than under the provisions of the principal Act, then:—

(a) if the aggregate of his recognised or contributory service and such approved external service, so far as it is served before he has attained the age of sixty years (hereinafter referred to as his aggregate service under sixty) exceeds forty years, there shall, for the purpose of calculating the amount of any annual allowance or additional allowance payable to the teacher under Part II of the principal Act, be deducted from his contributory or recognised service—

(i) in a case where the whole of such approved external service is of the kind described in the said paragraph (a), such proportion of the said excess as is equal to the proportion of his aggregate service under sixty which is contributory or recognised service;

(ii) in a case where the whole of such approved external service is of the kind referred to in the said paragraph (b), a period equal to the said excess;

(iii) in a case where such approved external service is partly of the kind described in the said paragraph (a) and partly of the kind described in the said paragraph (b), the same proportion of the excess as the teacher's recognised or contributory service bears to the aggregate of that service and his service of the kind described in the said paragraph (a);

(b) if the aggregate of his recognised or contributory service and such approved external service, whenever served (hereafter in this Schedule referred to as his aggregate service), after making any deduction required to be made under paragraph (a) hereof and also any deduction required to be made in respect of the approved external service under any provision relating to such service which corresponds with paragraph (a) hereof, exceeds forty-five years, there shall, for the purpose of calculating the amount of any such annual allowance or additional allowance as aforesaid, be deducted from his contributory or recognised service—

(i) in a case where the whole of such approved external service is of the kind described in paragraph (a) of subsection (1) of section thirteen of the principal Act, such proportion of the said excess as is equal to the proportion of his aggregate service which is contributory or recognised service;

(ii) in a case where the whole of such approved external service is of the kind referred to in paragraph (b) of the said subsection, a period equal to the said excess;

(iii) in a case where such approved external service is partly of the kind described in the said paragraph (a) and partly of the kind described in the said paragraph (b), the same proportion of the said excess as the teacher's recognised or contributory service bears to the aggregate of that service and his service of the kind described in the said paragraph (a).

2 In relation to an additional allowance payable to a teacher whose aggregate service falls partly before and partly after the commencement of this Act, the foregoing paragraph of this Schedule shall have effect as if for the reference to forty years there were substituted a reference to the period which, if the whole of the teacher's aggregate service were contributory service, would produce the highest additional allowance authorised, in respect of his service before attaining the age of sixty years, by subsection (2) of section five of this Act.

3 Paragraphs (d) and (e) of subsection (2) of section thirteen of the principal Act are hereby repealed; and without prejudice to the provisions of section thirty-eight of the Interpretation Act, 1889 (which relates to the effect of repeals) the principal Act shall have effect as if the foregoing provisions of this Schedule were substituted therein for the said paragraphs (d) and (e).

4 In any case where paragraph 1 of this Schedule applies, the proviso to subsection (1) of section five of this Act and paragraph (b) of subsection (2) of that section shall not apply, and the reference in paragraph (a) of the last mentioned subsection to any period of service to be disregarded shall be construed as a reference to any period of service to be deducted under paragraph 1 or paragraph 2 of this Schedule.

5 In subsection (3) of section six of this Act the reference to service of which account can be taken for the purposes of paragraph (a) of subsection (1) of section five of this Act shall be construed as including a reference to approved external service of which account can be taken for the purpose of calculating any allowance payable in respect of that service under any provision corresponding with the said paragraph (a).

6 Paragraph (f) of subsection (2) of section thirteen of the principal Act (which provides that allowances and gratuities shall, in the case of a teacher employed in approved external service as well as in recognised or contributory service, be calculated by reference to the period of recognised or contributory service actually served and not by reference to the completed years of that service) is hereby repealed.

7 Notwithstanding anything in paragraph (g) of subsection (2) of the said section thirteen (which provides for the treatment of periods of approved external service as if it were recognised or contributory service) section fourteen of this Act shall not apply to any teacher who has been employed in approved external service as well as in recognised or contributory service unless he was last employed in contributory service; and in the case of any such teacher to whom the said section fourteen applies, there shall be deducted from the additional period of service which the teacher is to be treated under that section as having completed—

(a) any period of approved external service consisting wholly of service of a kind described in paragraph (a) of subsection (1) of the said section thirteen;

(b) where the period of recognised or contributory service of the teacher and the period of any such approved external service as aforesaid together amount to less than ten years, so much of any period of approved external service, not being such service as aforesaid, as is equal to the difference.

Table of Statutes referred to in this Act

Short title	Session and Chapter
Interpretation Act, 1889	52 & 53 Vict. c. 63.
Elementary School Teachers (Superannuation) Act, 1898	61 & 62 Vict. c. 57.
School Teachers (Superannuation) Act, 1918	8 & 9 Geo. 5. c. 55.
Teachers (Superannuation) Act, 1925	15 & 16 Geo. 5. c. 59.
Local Government Act, 1929	19 & 20 Geo. 5. c. 17.
Teachers (Superannuation) Act, 1937	1 Edw. 8 & 1 Geo. 6. c. 47.
Local Government Superannuation Act, 1937	1 Edw. 8 & 1 Geo. 6. c. 68.
Education (Scotland) (War Service Superannuation) Act, 1939	2 & 3 Geo. 6. c. 96.
Pensions (Increase) Act, 1944	7 & 8 Geo. 6. c. 21.
Education Act, 1944	7 & 8 Geo. 6. c. 31.
Teachers (Superannuation) Act, 1945	8 & 9 Geo. 6. c. 14.
National Insurance Act, 1946	9 & 10 Geo. 6. c. 67.
Education (Scotland) Act, 1946	9 & 10 Geo. 6. c. 72.
National Health Service (Scotland) Act, 1947	10 & 11 Geo. 6. c. 27.
National Service Act, 1948	11 & 12 Geo. 6. c. 64.
Pensions (Increase) Act, 1952	15 & 16 Geo. 6. & 1 Eliz. 2. c. 45.
Pensions (Increase) Act, 1956	4 & 5 Eliz. 2. c. 39.