Teachers (Superannuation) Act 1956

8 Provision for widows', widowers', children's and dependants' pensions

(1) The Minister may, with the consent of the Treasury and after consultation with representatives of local education authorities and of teachers affected, make rules providing for the payment of pensions of such amounts, in such cases and subject to such conditions as may be prescribed by the rules to and for the benefit of the widows, widowers, children or other dependants of teachers who die, after such date as may be specified in the rules, being teachers who—

(a) have become eligible, whether before or after that date, for the grant of an annual superannuation allowance under subsection (1) of section three of the principal Act; or

(b) die while employed in contributory service in circumstances in which they would have become eligible for the grant of such an allowance under paragraph (d) of that subsection if they had then become incapable of serving by reason of infirmity; or

(c) having been employed for not less than ten years in service which is recognised or contributory service, die within such period after ceasing to be so employed as may be prescribed by the rules.

(2) Rules made under this section, so far as they provide for pensions for widows, widowers and children, may apply, irrespective of election, to male or female teachers who enter into contributory service after the date specified in the rules; but except as aforesaid rules so made shall apply only to a teacher who elects that the rules shall apply, or does not elect that the rules shall not apply, in his case.

(3) For the purpose of supporting the benefits payable by virtue of rules under this section, the rules shall provide for contributions to be made by or in respect of the teachers to whom they apply of such amounts as appear to the Minister to be sufficient for that purpose, such contributions to be satisfied, as the case may be.—

(a) by means of the reduction, by such amount as may be specified in or determined under the rules, of any additional allowances payable to such teachers under section three of the principal Act after the date specified in the rules, or the refund of such proportion as may be so specified or determined of any additional allowances paid under the said section three to such teachers before that date; or

(b) by means of the reduction, by such amount as may be so specified or determined, of any sums payable after that date in respect of such teachers by way of death gratuities under section five or return of contributions under section twelve of that Act.

(4) Section fifteen of the principal Act (which relates to accounts) shall apply in relation to sums received by way of refund of additional allowances in accordance with rules under this section, and in relation to expenditure in respect of benefits payable by virtue of such rules, as it applies in relation to the revenue and expenditure mentioned in that section.

(5) Rules under this section may apply to pensions payable thereunder, subject to such modifications, if any, as may be specified therein, any of the provisions set out in the First Schedule to the principal Act relating to allowances under that Act.