Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697796385166.pdf (Guyana)
THE OFFICIAL GAZETTE LEGAL SUPPLEMENT )$- t)TH MAY, C 1971 33 PARLIAMENT OFFICE, Public Buildings, Georgetown, 6th May, 1~71.

The following Bill which will be introduced in fhe National Assembly is published for general information.

F. A. NARAIN, Clerk of the National Assembly.

GUYANA.

· BILL NO.

8 OF 1971.

TEACHERS PENSIONS (AME~DMENT) BILL, 1971.

Section I.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

Atrangement of Sections.

Short title.

Amendment of section 2 of Chapter 95.

Amendment.


of section 3B of Chapter 95.

Repeal and re-enactment of section 4 of Chapter 95.

Amendment of section 6 of Chapter 95.

Amendment of section 7 of Chapter 95.

Insertion of section 7A, 7B and 7C in Chapter 95.

Amendment of section 11 of Chapter 95.

Amendment of the schedule to Chapter 95.

Application of section 3B of the Principal Ordinance to certain teachers.

Application of this Act.


1 34 THE OFFICIAL GAZETTE-LEGAL SUPPLBMENT--C A BILL Intituled AN ACT TO AMEND THE TEACHERS PENSIONS ORDINANCE .FOR THE PURPOSE OF IMPROVING THE SUPER ANNUATION B.ENEFITS OF TEACHERS.

Enacted l,y the Parliament of Guyana:- 1. the Teachers Pensions (Amendment) Act, 1971, ::md amends the Teachers Pensions OnE This Act may be cited as nance, hereinafter referred to as the Principal Ordinance .

.

2.
.

2.

Section 2 of the Principal Ordinance is hereby amended by the addition thereto of the following definition- Short tHie.

Cao.

9,.

Amendmea, ol sention 2 of Chaoter.

9S.

"pensionable emoluments" in respect of service as a teacher includes- ( a) salary; and (b) responsibility allowance, but does not include duty, entertainment or other allowance or anY other emoluments whatsoever.'.

Arnendmont of se¢.ion !IB ~t Chai,t.er .., 3.
Section 3B of the Principal Ordinance (as inserted by section 28 of that Ordinance) is hereby amended in the following respects- ' (a) by the repeal of subsection (1) an'd the substitution therefor of the following subsection- " ( 1) Subject to sections 4 and 15, every teacher to whom this section applies may, on his retire ment as a teacher or on his retirement from the public service be granted a pension, in respect of each month of his service for pen sion as a teacher, at the• rate of one six hundredth of his pensionable emoluments computed in accordance with regulation 9 of the Pensions Regulations, 1957, as applied tc a teacher by section 7C.
''; (b) by the substitution of emoluments" for appears in the section; and the word "salary" wherever the words "pensionablf ii .

( c) by the substitution of the word "two-thirds" for tbf word "one-half'' in subsection ( 3).

tRe-oeal .amd re-enactment of section 4 of Chaoter 95.

4.

Section 4 of the Principal Ordinance is hereby repealec and the following section substituted therefor- 8TH MAY, 1971 TuE OFFICIAL GAZETTE-LEGAL SUPPLEMBNT-C 35 • '11'1oosi01Jt1blo scn:ico and aae.

4.
( 1) No certificatcxl teacher shall be entitled to retire on a peiosion under the provisions of this Ordinance, un iess the teacher has attained the age of fifty-five years and has completed at least ten continuous years of ser vice: Provided that- , (a) if it is proved to the satisfaction of the President that any certifi cated teacher who bas completed not less than ten years continu ous service as a teacher is from infirmity of mind or body in capable of discharging the duties of his office, and that the infirm ity is likely to be permanent, the President may award a pension · teacher calculated as that to though the teacher had com pleted not less than twenty years' continuous service prior to ~ tirement; (b) the President ~ay, in special cases, certificated require a teacher to retire from service as a teacher on or after attaining the age of fifty years; (c) the President may, in special cases, approve of a certificated teacher retiring from service as a teacher on or after attaining the age of fifty years.
(2) The provisions of subsection ( 1) shall mutatis mutandis apply to an uncertificated teacher to whom sec tion 3B applies.

(3) Nothing in the foregoing provisions of this section shall preclude service as a teacher which was not continu ous prior to the enactment of this section from being reckoned in the computation of the pension or gra tuity of a teacher.".

36 I Amondment of sectJ011 6 of Chaoter 9,.

THE OFFICIAL GAZBTTB--L.EOAL SUPPL.EMENT--C · 5.


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

Amendment of section 7 of Chaoter 9S.

6.

Section 7 of the Principal Ordinance is hereby amended in the following respects- r .
(a) by the substitution of the word "eighteen" for th~ word "twenty" in subsection ( 1); (b) by the substitution of the word "fifty-five" for the word "sixty-five" in subsection (1); ( c) by the deletion of the words "shall be granted for any period in excess.

of thirty-five years" appearing .
in subsection ( 1) and the substitution therefor of the words "granted to 'a teacher under this Ordi- nance shall exceed two-thirds of the highest pension- able emoluments received by him at any time in the course of his service as a teacher"; (d) by the addition thereto of the following sub l (" t sections-- "( 4) (5) Anything in subsection (2) to the contrary notwithstanding, where a teacher has, whether before or after the enactment of this subsection, with the approval of the Govern ment, attended anY institution for th(' · training of teachers, whether within or outside Guyana, the period of time spent for the purpose of such training shall be taken into account as qualify- ing or pensionable service.
Except as otherwise provided in thi~ Ordinance, for the purpose of cal culating the pension or gratuity of a teacher in respect of service after the enactment of this subsection, only continuous service shall be taken into account as qualifying or pensionable service: Provided that any interruption in service caused by temporary sus pension of employment not arising , 1 .
''< 1', 8TH MAY, 1971 THB 0FPICIAL 0AZBTT&-LEGAL SUPPLBMENT-C 37 from misconduct or voluntary re signation shall be disregarded for the purpose of this subsection: '· And provided further that noth ing in this subsection shall preclude service as a teacher which was not continuous prior to the enactment of this subsection from being reckoned ' in the computation of the pension or gratuity of a teacher.
(6) For the purpose of computing the amount of a teacher's pension or gratuity the following periods shall be taken into account as pensionable service-- (a) anY periods which, by virtue of subsection (2) or (4), may be taken into account; ,, I 1 (b) any period during which he has received salary whether at the full rate or otherwise paid out of moneys provided by Parlia ment while proceeding to Guy ana on first appointment; (c) any period during which be has from duty on been absent leave, with salary; that, save as Provided this in hereinafter provided section, where a is teacher absent from duty on leave with salary ' otherwise than at the to be the period full counted shall be the period .
which bears the same propor tion to the amount of salary received by him; rate, (d) any period during which he has been absent from duty on leave, with or without salary, granted on grounds of public policy and during which he has not qualified for pension or gratuity in respect of other teaching service or other pub lic service; ( e) any period during which .he has been absent from duty on leave with salary otherwise than at the full rate by reason of 38 THE 0FFIClAL GAZETTB--LBGAL SUPPLBMENT--C interdiction from duty whicl1 has been succeeded by re instatement with or without a penalty by way of deduction of salary being imposed.
than and any periods ' during which he has been absent from duty on leave, other those hereinbefor~ specified, shall be deducted from the teacher's total service in com puting his period of pensionable service.".

Insertion of sealon 7A.

7B and 1c In c1pal Ordinance as sections 7 A, B an Chaoter 95.

The following sections are hereby inserted in the Prin- d 7C , respective y- 7 ' 7 l · • • \ ••Non-pension able service to be reckoned.
7 A ( 1) Only pensionable service• as a teacher shall be taken into account the amount of a in computing teacher's pension or gratuity: Provided that where the pen sionable service of a teacher has immediately preceded by an been unbroken period of service in the public service which is not pension able, or of service paid for out c,f an open vote in the public service, or of both such services, such period or any part thereof, may be taken into account in computing pension or gratuity.
(2) Any break in service which may be disregarded under the provisions of subsection (5) of section 7 may likewise be disregarded in determin ing for the purposes of the proviso to subsection ( 1) whether one period of service immediately follows an other period of service.

(3) For the purposes of this section, service paid for out of an open vote shall be reckoned in the manner provided by the provisions of the Pensions (Consolidation) Ordinance, 195?.

7B.
7B.

Where the service of a person as a teacher has been immediately pre ceded by service in a pensionable office within the meaning of the Pensions (Consolidation) Ordinance, 1957, and the naµie of that person !No.

38 of 1957.

"Teachers with service as oublic officers.

,.

No.

38 of 1957.


8TH MAY, 1971 l'HB Ol'PICIAL GAZETTB--LBGAL SlJPPLBMBNT--C 39 in accordance with is entered in the Teachers Pensions this Register Ordinance, the period of service of that person in the pensionable office shall be taken into account in com- puting pension or gratuity under this Ordinance: No.

38 of 1957.

Anollcation of soecified orovisions of the Pensions (Ordinance) 1957. to teachers.
7C the Pensions Provided that such service in a shall not be pensionable office reckoned in the computation of pen sion payable to the officer under the Pensions (Consolidation) Ordinance, 1957.
Sections 6, 9A, 14, 15, 20 and 21 of (Consolidation) Ordinance, 1957, and regulations 4, 9 and 16 of the Pensions Regula tions 1957 ( contained in the sche dule to the Pensions (Consolidation) Ordinance, 1957) shall mutatir mutandis apply to a teacher as they apply to an officer in the public ser vice, subject to the following modi fications- (a) for the reference in section 9A to section 9, there shall be substituted a reference to para graph (a) of the proviso to section 4(1); in section for the ZO(l)(b) to paragraph {d) of section 8 there shat!
be sub stituted a reference to para graph (a) of the proviso to section 4(1); in section for 20(l)(b) to section 13 there ' shall be substituted a reference to section 3B; for the reference in regulation 4 to regulation 3 there shall be substituted a reference to sec tion 3B.".

the reference reference {d) (b) {c) 8.

Section 11 of the Principal Ordinance is amended in the following respects- h b Amendment ere y of ~on 11 of Ola.nter 9S.
(a) by the insertion of the words "or gratuity" immedia tely after the word "pension"; and 40 THE OFFICLAL GAZETTE-LEGAL SUPPLEMENT-C (b) by the insertion of the words "other than a debt due to the Government at the time of the retirement of the teacher" immediately after the word "what soever".

Amendment of tho schedule, to Chaolilr 95.

Aoolication of iection 3D of the IP rrnciool Ordinance to certain teachers.

No.

2A of 1958.

9.


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

to 10.
Notwithstanding the repeal of paragraph (b) of section 32 of the Principal Ordinance by section 5 of the 'Teachers Pensions (Amendment) Ordinance, 1958, section 3B of the Principal Ordinance shall apply and shall be deemed always to have applied to every teacher whose name was in the Teachers Pension Register on 1st January, 1944, and who did not intimate to the for,mer Director of Education on or befow 30th June, 1952, that he desired that the provisions of section 3, 3A, 5 or 5A of the Principal Ordinance, as the case may be, shall continue to apply to him.
/ Aoolication of ilijs Act.

11.

( 1) The provisions of the Principal Ordinance, as amended by sections 3 to 7 (both sections inclusive) and section 9, shall apply to every teacher whose name is entered in the Teachers Pension Register subsequent to the enactment of this Act.
(2) The provisions of the Principal Ordinance, as amended by sections 3, 4, 5, 6 (other than paragraph (a), and paragraph (d) in so far as it relates to the enactment of section 7 ( 4) of the Principal Ordinance), 7 and 9, shall apply- ( a) to every teacher whose na,ne was in the Teachers Pension Register on 1st January, 1961, and who bad not attained the age of fifty-five years at 31st Decem ber, 1960, unless he intimates in writing to the Chief Education Officer not later than the expiration of one year commencing with the enactment of this Act that he desires that the provisions of the Principal Ordinance shall continue to apply to him as they applied prior to their amendment by the provisions of this Act hereinbefore mentioned in this sub section; .
(b) to every teacher whose name was entered in the Teachers Pension Register on or after 1st January, 1961, but before the enactment of this Act, and who had not attained the age of fifty-five years at 31st December, 1960, unless he intimates in writing to the Chief Education Officer not later than the expiration of the period specified in para• graph (a) that he desires that the provisions of the Principal Ordinance shall continue to apply to him as they applied prior to their amendment by the provisions of this Act hereinbefore mentioned in this subsection.
THE OFFICIAL GAZE.l'TE-LEGAL SUPPLBMBNT--C 41 (3) The provisions of the Principal Ordinance, as amended by section 3, shall apply- ' (a) to every teacher whose name is in the Teachers Pension Register on 1st January, 1961, and who had not attained the age of fifty-five years at 31st December, 1960, and who retired as a teacher or from the public service after 1st January, 1961, but before the enactment of this Act; ( b) to every teacher whose name was in the Teachers Pension Register on 1st January, 1961, and who had not attained the age of fifty-five years at 31st December, 1960, and who retired as a teacher or from the public service after 1st January, 1961, and who died befo1e the enactment of this Act.
( 4) Section 7 of the Principal Ordinance, as amended by section 6(a), shall apply- (a) to every teacher whose name in the Teachers Pension Register at the time of the enactment of this Act; (b) to every teacher whose name is entered in the Teachers Pension Register subsequent to the enact ment of this Act.
· , (5) Section 7 of the Principal Ordinance, as amended by section 6 ( d) in so far as it relates to the enactment of section 7 ( 4) of the Principal Ordinance, shall apply to- (a) every teacher whose name was in the Teachers Pension Register on 1st January, 1961, or whose name was or is entered therein on or after that ~~ .

.

(b) every teacher mentioned in paragraph (a)--: .


(i) who retired as a teacher or from the public service after 1st January, 1961, but before the enactment of this Act; (ii) who retired as a teacher or from the public service after !st January, 1961, and who died before the enactment of this Act.
(6) Section 9A of the Pensions (Consolidation) Ordinance, 1957, (as applied to a teacher by section 7C of the Principal Ordi nance) may be applied to a person who was serving as a teacher on 1st October, 1964, notwithstanding that he has ceased to be a teacher and his name removed from the register before the enactment of this Act.
(7) Where a teacher makes an the Chief Education Officer pursuant to the provisions of paragraph (a) or (b) of subsection (2), the Principal Ordinance shall have effect in relation to him as if it had not been amended by the provisions of this Act as hercinbefore mentioned in the said subsection (2).

intimation to ., 42 TliB OFFIClAL GAZETTB-LE0AL SUPPLEMENT-C 8TH MAY, 1971 ( 8) Ho thing iu this section shall be construed as affecting the operation of sections 2 and 8. .
~ ' EXPLANATORY MEMORANDUM to implement This Bill seeks the recommendations of the rate of pension payable the Guillebaud Comn,tlssion Report 0961) accepted by the Government to increase teacher to whom section 3H of the Teachers .Pens10..!

}s Ordinance (Chapter 95) applies from 1/720 to 1/600 of tile annual average amount of a teacher's salary during the three years immediately preceding the date on which he retires as a teacher or the date on which he entered the public service.
The rate of pension will now be the same as for officers in the.

public service and ciause :; oI 1he Bill seeks to make provision accordingly.

to a 2.

Because the rate of pension for teachers will be the same as for officers in the public service the Government, after consultation with the Guyana Teachers Association, 'have decided that some of the principles which govern the granting of pensions to public officers should also apply to teachers.
Clause 4 of the Bill which seeks to repeal and re-enact sectioo 4 of the Teachers Pensions Ordinance prescribes the age of fifty-five years as the retiring age for teachers.

Provision is made, however, for a teacher to be allowed to retire on attaining the age of fifty years or to be required to retire on attaining that age.
Where a teacner who has completeli not less than ten years' continuous servi~e is compelled to retire on ,medical grounds the pension payable to that teacher will be calculated on the teacher's years of service but with a notic.oai minimum period of twenty years' continuous service.

This corresponds to similar provision in section 8 of the Pensions (Consolidation) Ordinance, 1957, which applies to officers in the public service.

3.
3.

T·he Teachers Pensions Ordinance allows a teacher to have reckoned pensionable service which is not continuous.

Where a teacher accepts the new rate of pension and with it the new age for retirement the teacher's service must be continuous after the enact ment of · the amending legislation.

Periods of service which were not continuous prior to the enactment of the amending legislation wi.11 nevcrthe~ess be reckoned in the computation of a teacher's pension or gratwty.

· ., 4.
· ., 4.

Clause 6 which seeks to amend section 7 of the Teachers Pensions Ordinance contains provision in paragraph (a) whereby service as a teacher from the_ age of eighteen years will be reckonable for superannuation purposes.

Provision is also made in paragraph (d) enabling any period spent with the approval of the Government at any institution for the training of teachers to be taken into account in the computation of the pension or gratui:y of i;ertain teachers.

5.
5.

Clause 7 seeks to make provision in the Teachers Pensions the Pensions teacllers provisions of Ordinance by applying to TBl!

0PPICIAL OAZE'ITB-1...EoAL SUPPLBMBNT-C 43 (Consolidation) Ordinance, 1957, which apply to officers in the public service, for example, the payment of a gratuity to the legal persona\ representative of a teacher who dies while serving as a teacher.

6.
6.

Clause 10 is intended to preserve the application of section 313 of the Ordinance to certain teachers whose rights may have been 1 affected by the repeal of paragraph (t,) of section 32 of the Teachers Pensions Ordinance by section 5 of the Teachers Pension (Amend ment) Ordinance, 1958.

J 7.
J 7.

Clause 11 contains provisions governing the application ' of the new provisions introduced in the Teachers Pensions Ordinance • to teachers whose names were in the Teachers Pensions Register on · 1st January, 1961, or were subsequently entered therein.

SHIRLEY FIELD-RIDLEY, Minister of Education.