HC Deb 22 March 1956 vol 550 cc1536-7

(1) If a teacher to whom an annual superannuation allowance has been granted is employed after the commencement of this Act in contributory service, or in employment which would, if he were less than seventy years of age, be contributory service, then—

  1. (a) in respect of any period of that employment for which the teacher is entitled to a salary at a rate less than that of the salary at which he was last employed in contributory service before the grant of the allowance, so much only of the allowance shall be paid to him as, with the salary to which he is entitled, is equal to the rate of the salary at which he was last employed as aforesaid; and
  2. (b) in respect of any period of that employment for which the teacher is entitled to a salary at a rate not less than that of the salary at which he was last employed as aforesaid, the allowance shall be suspended.

(2) If the Minister is of opinion that it would be inequitable for a teacher's superannuation allowance to be reduced or suspended in accordance with the provisions of the foregoing subsection, he may, to such extent as he thinks just, disregard for the purposes of that subsection any salary to which the teacher has become entitled in respect of any such employment as is therein mentioned.

(3) In relation to a teacher who has made an election under section ten of this Act, subsection (1) of this section shall apply to so much only of his annual allowance as would have been payable apart from the election.

(4) Subsection (1) of section six of the principal Act (which provides for the cessation of the annual allowances of teachers reemployed in contributory service) is hereby repealed; and notwithstanding anything in section thirty-eight of the Interpretation Act, 1889 (which relates to the effect of repeals), any allowance which, apart from the said subsection (I), would have been payable to a teacher employed as therein mentioned immediately before the commencement of this Act shall, subject to the foregoing provisions of this section, be revived as from the commencement of this Act.—[Mr. Vosper.]

Brought up and read the First time.

Mr. Vosper

I beg to move, That the Clause he read a Second time.

This Clause was foreshadowed in Committee and is responsible, I am afraid, for many of the consequential Amendments which appear on the Order Paper in relation to other Clauses. It repeals Section 6 (1) of the 1925 Act under which a teacher's pension ceases entirely when he returns to full-time service, even if he did so at a lower salary than he formerly received. Subsection (1) of the Clause now allows him to draw a pension which will bring his new salary up to what he formerly enjoyed. Subsection (2), which may need a word of explanation, allows my right hon. Friend a certain amount of discretion. If, for example, a teacher up till just before retiring was enjoying a special allowance which actually ceased before his retirement, he would on re-employment, under this subsection, at my right hon. Friend's discretion, be allowed to draw so much of his pension as would make his salary on re-employment up to his previous salary including the special allowance. Subsection (3) simply says that if a teacher allocates his lump sum for an increased pension under Section 10 of the Act, it shall, of course, continue whatever his new salary may be. Subsection (4) deals with the repeal of Section 6 of the original Act, and also brings into this Clause those teachers who are at present re-employed. They will benefit from this Clause as from the date when this Bill comes into force as an Act.

Question put and agreed to.

Clause read a Second time, and added to the Bill.