Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697796379533.pdf (Guyana)
GUYANA.

ACT NO.

9 OF 1971.

TEACHERS PENSIONS (AMENDMENT) ACT, 1971.

1 asse:nt.

:-fl..

I 1-June, 1971.

Arrangement of Sections.

Section 1.

2.

Short title.

Amendment of section 95.

2 of Chapter No.

9] THE LAWS OF GUYANA [A.D. 1971 2 95.

3B of Chapter of section 95.

4 of Chapter 6 of Chapter 95.

95.

7 of Chapter Amendment of section Repeal and re-enactment Amendment Amendment Insertion Amendment Amendment e schedule 3.

4.

5.

6.

7.

8.

9.

10.


�pplication of section of section of section 95.

7A, 7B and 7C in Chapter of section 11 of apt r 95. to Cbapt r 95. of tion 3B of the Principal Ordinance to certain teachers .

11.

Application of this Act.

AN AcT to amend the Teachers Ordinance for the purpose Pension ation benefits of teachers .

of improving the superannu AID.

1971.

Enacted t,y the Parliament of Guyana:- Short tkle.

Cao.

9S.

1.
Cao.

9S.

1.

This Act may be cited as the TeachersPensions (Amendment) nance, hereinafter referred Act, 1971, and amends the Teachers Ordi­ Pensions to as the Principal Ordinance.

Amendment of Section 2 of Chaoter.

95.

2.

Section 2 of the Principal Ordinance is hereby amended by the addition thereto ' "pensionable of the following emoluments" definition- in respect of service as ::i includes-- teacher (a)salary; and (b)responsibility allowance, but does not include other emoluments whatsoever.'.
duty, entertainment or anY or other allowance Amendment of sec:ion SB of Chal>ter section 95.

28 3. s- respec t Section 3B of the Principal of that Ordinance) is hereby amended in the following Ordinance (as inserted by (a)by the repeal therefor " (I) Subject of subsection (1) and the substitution .
subsection- 4 and 15, every teacher may, on his retire­ applies or on bis retirement be granted from in a pension, for pen­ of the following to sections to whom this section ment as a teacher the public service respect sion as a teacher, hundredth computed the Pensions a teacher by section of each month of his service at the rate of one six­ of his pensionable in accordance Regulations, 7C.

"; emolumeats 9 of with regulation 1957, as applied to 3 AD.

1971] TEACHERS PENSIONS (AMENDMENT) [No.


9 (b)by the substitution of the words "pensionable for the word "salary" wherever it emoluments" appears in the section; (c)by the substitution word "one-half" and in subsection ( 3).

of the word "two-thirds" for the ... 4.

Section 4 of the Principal th f II · e o owmg section su stitute ere or- and · "ll"ensionabte 4.

( 1) No certificated a2e.


Ordinance · b · d th f · • SQl'vice a.nd is hereby repealed <Reooat am re-Cldactment 0, """uon 4 of Chapter to retire teacher shall be 9'.
on a pension under of this Ordinance, un- the age has attained entitled the provisions less the teacher of fifty-five at least ten continuous vice: Provided that- (a)if it is proved to the satisfaction years and has completed years of ser- of the President that any certifi­ who has completed cated teacher not less than ten years continu­ ous service from as a teacher is infirmity of mind or body in­ the duties of discharging capable of his office, and that the infirm­ ity is likely President to that teacher though the teacher pleted continuous tirement; (b)the President had com­ not less than twenty prior to re­ service may award a pension to be permanent, may, in special years' as calculated the cases, require a certificated teacher a teacher the age of fifty years; on or after attaining from service .
to retire as (c)the President may, in special of a certificated as from service on or after attaining approve cases, teacher a teacher the age of fifty years.

retiring (2)The provisions shall mutatis uncertificated teacher tion 3B applies.

of subsection apply to an to whom sec­ mutandis (l) (3)Nothing in the foregoing provisions of this section shall preclude service No.

9) THE LAWS OF GUY ANA [AD.


1971 4 which was not continu­ as a teacher ous prior to the enactment of this section from being reckoned in the computation or gra­ tuity of a teacher.".

of the pension Amendment of sectlor.

of Chaoter in 9'.

6 5.


Section the following respects- 6 of the Principal Ordinance is hereby amended ( a)by the substitution of the word "fifty-five" for the word "sixty"; and (b)by the substitution of a full-stop and the deletion for the semicolon of the remainder where it appears of the section beginning with the word "and".

Amerdmcnt of section 7 of Olaoter 95.

6.


Section in the following respects- is hereby amended 7 of the Principal Ordinance ( a)by the substitution ( 1); word "twenty" in subsection of the word "eighteen" for th� (b)by the substitution ( 1); word "sixty-five" for the of the word "sixty" in subsection of the words "shall be granted for.
(c)by the deletion of thirty-five years" appearing any period in excess in subsection ( the words "granted nance shall exceed able emoluments course of his service received two-thirds as a teacher"; of the highest pension­ by him at any time in the 1) and the substitution of therefor to a teacher under this Ordi­ (d)by the addition thereto of the following sub­ sections- " ( 4) Anything • Guyana, has, whether ( 2) to the where a before or after of this subsection, in subsection contrary notwithstanding, teacher the enactment with the approval ment, attended training or outside spent for the purpose shall be taken into account ing or pensionable of the Govern.., for th� any institution withm whether of time the period of such training of teachers, service.
in this provided for the purpose of cal­ of a after the of service of this subsection, only shall be taken into service Ordinance, culating teacher enactment continuous the pension in respect or gratuity as qualify- ( 5)Except as otherwise A.D. 1971] TEACHERS_ PENSIONS ( AMENDMENT) [No.
9 5 account as qualifying service: or pensionable Provided that any interruption of employment caused by temporary in service pension from misconduct signation purpose su:,­ not arising re­ or voltllil.tary for the shall be disregarded of this subsection: as a teacher further And provided ing in this subsection service continuous this subsection in the computation of a teacher.
gratuity that noth­ shall preclude which was not prior to the enactment of from being reckoned of the pension or ( 6)For the purpose of computing the pension amount of a teacher's or gratuity shall periods as pensionable be taken into account service-- (a)any periods the following whiC'h, by virtue of subsection (2) or (4), may be taken into account; during which he has (b)any period whether received at the salary full rate or otherwise paid out of moneys provided by Parlia­ ment while proceeding ana on first appointment; to Guy­ ( c)any period during which he has been absent from duty on leave, with salary; Provided in this from duty on leave with that, save as provided is where a teacher hereinafter section, absent salary otherwise full rate, counted shall be the period which bears the same propor­ tion to the amount of salary by him; received (d)any period during the period to be than at the which he has been absent from duty on leave, with or without granted on grounds policy and during not qualified for pension salary, of public which he has or No.
9] THE LAWS OF GUY ANA [A.D. 1971 6 gratuity teaching lic service; in respect service or other pub­ of other (e)any period dur.ing which ne from duty un has been absent leave with salary otherwise than at the full rate by reason ot interdiction which from duty has been succeeded by re­ a • or without instatement with penalty by way of deduction being imposed, of salary and any periods during which he has been absent from duty on leave, than those hereinbefore deducted from in computing service.".
the teacher's his period of pensionable shall be specified, total service other 1::i:;d1�; /t .

in the Prin- reby insei:ed 7 The follO\ying s are tio n h e .

rdin al 7B and 1c 1n crp ance as sect.Ions B 0 , an , respect.Ive y- d 1 7 7 C �� � pens1ona shall be taken into account sec 7 A ( Onl .

bl .

��r���n- 7 A 1 ) y to be · h r\lcluned.


teacher m computrng t e amount o a • teacher's or gratuity: as a e service pension • f Provided that where the pen­ sionable service of a teacher has by an been immediately preceded in the unbroken period of service public service which is not able, or of service an open vote in the public or of both such services, or any part thereof, into acC?unt or gratmty.
in computing pension • may be taken such period service, paid for out c,f pension­ which may be under the provisions of ( 5) of section 7 may be disregarded (2)Any break in service disregarded subsection likewise ing for the purposes of the proviso to subsection of service other period of service.

( 1 ) whether an­ immediately one period follows in determin­ (3)For the purposes of this section, paid for out of an open vote service shall be reckoned provided by the provisions of the in the manner AD.
1971] TEACHERS PENSIONS (AMENDMENT) [No.

9 7 No.

38 of 1957.

"Teachers with service as n11blic officers.

No.

38 of 1957.

No.

38 of 1.957.

Aoolioart;ion of soecified orovisions of the Pensions /Ordinance) 1'>57.

to teachers.

7B.

7C (Consolidation) 1957, and regulations in the computation of pen­ Ordinance, Ordinance, of a person as has been immediately pre­ in a pensionable (Consolidation) Pensions 1957.
Where the service a teacher ceded by service office within the meaning of the Pensions (Consolidation) 1957, and the name of that person in the Teachers is entered Pensions with this Register in accordance Ordinance, that person in the pensionable shall be taken into account pension or gratuity puting Ordinance: Provided the period of servic.e of office in com­ under this Ordinance, that such service in a office shall not be 6, 9A, 14, 15, 20 and 21 to the officer under the (Conso1idation) pensionable reckoned sion payable Pensions 1957.
Sections of the Pensions 4, Ordinance, 9 and 16 of the Pensions Regula­ tions 1957 (contained dule to the Pensions Ordinance, mutandis apply to an officer in the public ser­ vice, subject modi­ to the following fications- (a)for the reference 1957) shall mutativ apply to a teadher as they in section in the sche­ 9A to section substituted graph {a) of the proviso section 9, there shall he to para­ a referenc.e to 4( 1); in section (b)for the reference ( d) of 8 there shall be sub­ a reference 20 (1 )(b) to paragraph section stituted graph (a) of the proviso 4 (1 ) ; section ( c)for the reference to para­ in section to 20(1 )(b) to section 13 there shall be substituted to section 3B; a reference (Consolidation) No.
9] THE LAWS OF GUYANA [A.D. 1971 8 ( d)for the reference in regulation ... 4 to regulation substituted tion 3B.".

3 there shall be to sec­ a reference Amendment of sw.lon 11 of Coopter 95. i.

Section 11 of the Principal Ordinance is hereby amended in the following respects- ( a)by the insertion of the words "or gratuity" immedia- tely after the word "pension"; of the words "other (b)by the insertion and to the Government at the time of the retirement the teacher" soever".
after the word "what­ immediately than a debt due of Amendment ot the >Che<!ulc to Chaoter 95.

9.

The schedule to the Principal Ordinance is hereby of the words, "for a period of more than amended by the deletion 3 ( d) .

five years, " from regulation APPiication of 3B of section the PrinciooJ Ordir.ancc certain teachers.

No.

24 of 1958. to (b) of section Ordinance 1958, section 10.
Notwithstanding the repeal by �ection of paragraph Pensions 5 of the Teachers e • 3B of the Principal Ordinance, 32 of the Principal (Amendment) shall apply and shall be deemed always to have applied teacher January, Educatio provisions as the case may be, shall continue to apply to him.
whose name was in the Teachers to the former Director 1944, and who did not intimate he desired n on or before 30th June, 1952, that 3, 3A, 5 or SA of the Principal Ordinanc to every Register 0111 1st of section Pension that the of Ordinance, Aoplication of this Act.

11.
11.

( I ) The provisions Ordinance, as amended and section in the Teachers 9, shall apply Pension of the Principal inclusive) 3 to 7 (both sections by sections to every teacher Register subsequent ( 2)The provisions whose name is entered to the enactment of this Act.
to the enactment 7 and 9, shall apply to every teacher Pension Register as amended of section of the Principal than paragraph Ordinance, (a), and paragraph (d) • whose name is in at the time of the enactment Officer not to the Chief Education with the:, enactment 7 ( 4) of the Principal of this in writing!
of one year commencing that the provisions to apply to him as they applied 3, 4, 5, 6 (other by sections in so far as it relates Ordinance), the Teachers Act, unless later than tlie expiration of this Act that he desires nance shall continue amendment this subsection.
he intimates of the Principal prior to their mentioned Ordi­ by the provisions in of this Act hereinbefore (3)The provisions of the Principal Ordinance, 3 and 6( c), shall apply to every teacher by sections was in the Teachers therein entered Pension on or after that date and wh� Register on 1st January, • as amended whose name 1961, or AD.

1971] TEACHERS PENSIONS (AMENDMENT) [No.


9 9 (a)retired as a teacher or from the public service after of this the enactment 1st JanuarY, Act; 1961, but before (b)retired as a teacher or from the public service after 1st January, ment of this Act.
1961, and who died before the enact­ section ( 4)Section 6 (a), shall apply- 7 of the Principal Ordinance, as amended by ( a)to every teacher Register whose name is in the Teachers at the time of the enactment of Pension this Act; (b)to every teacher Pension whose name is entered in the to the enact­ Register subsequent Teachers ment of this Act.
section of the Principal ( 5)Section 6 ( d) in so far as it relates shall apply to- 7 of the Principal Ordinance, to the enactment as amended by of section 7 ( 4) Ordinance, (a)every teacher Pension Register name was or is entered date; whose name was in the Teachers on 1st January, 1961, or whose therein on or after that (b)every teacher mentioned in paragraph (a)- as a teacher afttH 1st January, or from the public 1961, but before the ( i)who retired service enactment (ii)who retired service before (6)Section 9A of the Pensions as a teacher after 1st January, of this Act.
the enactment (Consolidation) or from the public 1961, and who died of this Act; Ordinance, to a teacher 1957, in its application i:nto operation who was serving that he has ceased to be a teacher register on 1st October, as a teacher of this Act.
before the enactment (7)Where a teacher Officer pursuant shall be deemed to have come 1964 and may be applied on 1st October, to a person 1964, notwithstanding and his name removed from the Education Principal not been a.mended mentioned Ordinance to the provisions shall have effect in relation by the provisions in the said subsection (2) .

makes an intimation to the Chief (2), the of subsection to him as if it had of this Act as hereinbefore .
(8) Nothing in this s�tion shall be construed 2 and 8. of sections operation as affecting the Passed by the National Assembly, on the 8th of June, 1971.

( B'ill No.

(2/62/7) 8/ 19711,) � Clerk of the National Assembly.