Teachers Superannuation Act 1890 (SA)

ANNO QUINQUAGESIMO TERTIO ET QUINQUA-

GESIBilO QUARTO

VICTORIB REGINB.

A. D. 1890.

No. 485.

An Act to provide for a Fund for the Relief and the Maintenance of Superannuated Public School Teachers, and for the Widows and Families of &ceased Teachers, and for other purposes.

[Assented to, December y ~ d, 1890.1

HEREAS a fund has been formed to provide for the relief and Preamble.

maintenance of infirm and superannuated public school teachers, and of the widows and families of cleceas~d public school teachers: And whereas it is desirztble to provide for the continuance of such fund, and for its administration and regulation-Be it there- fore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House

of Assembly of the said province, in this present Parliament

assembled, as follows:

1. This Act may be cited as '' The Teachers Superannuatiou Act, short title.

189 0."

2, In the interpretation of this Act the following terms shall, Interpretation.

unless the context or subject otherwise requires, have the several

meanings set against them respectively, that is to say :--

" Board "-The	Board hereby constituted:
'' Fund "-The	fund referred to in section 3 :

" Minister "-The Minister Controlling Education:

" Prescribed "-Frescribed by the regullttions under this Act:

486 cc Subscriber "

53" & 54" VICTORIW, No. 485.

The Teachers Superannuation Act.-1890.

" Subscriber "-A person subscribing to the fund under section

13 of this Act:

" Teacher "--A head teacher, an assistant teacher, or a teacher

of a provisional school.

Continuation of fund-	3. The " Public School Teachers Superannuation and Widows Fund " now existing and invested in the names of John Anderson Hartley, James George Russell, William Liston, William Lewis Neale, Isaac Arthur Plummer, and Charles Baillie Whillas, or some of them, shall be continued under and subject to the provisions of this Act, and under the name of The Public School Teachers
Fund exempt from	Superannuation Fund." The fund, and the income arising there-
taxation.	from, shall be exempt from taxation under The Taxation Act,
1884," and any amendment thereof.

Incorporation of 4. For the purposes of this Act a Board is hereby constituted, to

Board.	be called Thc Board of - Management of the Public School Teachers Superannuation Fund," which shall be a body corporate with perpetual succession and a common seal, and shall by the said name be capable of suing and being sued, and of purchasing, holding, and alieuating land, and of doing all acts necessary or expedient for carrying out the purposes of this Act, and of doing and suffering, subject to this Act, all such other acts arid things as bodies cor- porate may by law do and suffer.
Membera of Board.	5. The Board shall consist of six members, of whom the Inspector- General of Schools, if any, shall ex oficio be one. The first members, other than the hispector-General, shall be James George Russell,
Chairman.	William Liston, William Lewis Neale, Isaac Arthur Plummer, and Charles Baillie Whillas. There shall be a Chairman of the Board, who
shall have a casting as well as a deliberative vote. The Inspector-
General of Schools, if any, shall be permanent Chairman. Subject to this provision, every Chairman shall be elected by the members of the Board.

Ret immt of mem-	6. r.	On the thirty-first day of March, one thousand eight hundred
bra.

and ninety-one, and on the same day in every subsequent year, one member of the Board shall retire from office. The member to retire shall be the one who has been longest in office without re-appointment or re-election; and when there shall be two or more such members, or when all the members shall have been in office for the same period without re-appointment or re-election, the one to retire shall be dccidcd by lot among them at least six weeks before the day for retirement: Provided that the Inspector-General is not to retire under this section.

Appointment by

Governor. 11. In the case of the first retirement of the said James George Russell or William Liston, or where the retiring member shall have been appointed by the Governor, or by the Board in place of a member appointed by the Governor, the Governor shall appoint a person to be a member of the

Board in the place of the retiring member. 111. In

53" & 54" VICTORIW, No. 485.

The Teachers Superannuation Act.-1 890.

Election by eub-

111, In the casc of the first retirement of the said TVilliam scribers.

Lewis Neale, Isasic Arthur Plummer, or Charles Baillie Whillas, or where the retiring member shall have been elected, or shall have been appointed by the Board in place of an elected member, the subscribers shall, in the prescribed manner, elect a subscriber to be a member of tEie Board in the place of the retiring member.

Retiring member

I V. Any retiring member shall be eligible for ye-appointment eligible.

or r c-election.

7. Any of the following acts or events shall cause a vacancy in the office of member of the Board, namely: -	Extraordinary
vacancies in Board.
Death, lunacy, idiocy, insolvency, the execution of a statutory deed of assignment for the benefit of creditors, or conviction for felony:
Absence from the province without the leave of the Board during the holclitlg of three consecutive ordinary meetings, or failure to attend three consecutive ordinary meetings of the Board without sufficient cause, followed in either case by a resolutiorl of the Board, passed within three weeks of the last of such meetiiigs declaring the office vacant, which resolution the Uoard may pass, but are not bound to pass:

As to an elected member, his ceasing to bc a subscriber:

Resignation by notice in writing siglicd by the member and posted

or delivered to the Chairman of the Board, or, if there shall be no

such Chairman, then to the Minister.

8. Any casual vacancy in the Board shall be filled by the Casual vacancy, how

Board a<poi~ting a person to take the place of the tncmber &hose	filled.
ofice is vacant, or, when there shall not be sufficient tnetnbers of the Board to form a quorum, by the Governor appointing a person to take the place of such member. Any member appointed under this section shall retire when the member whose place he takes	would have retired had no such casual vacancy occurred, and on	such retirement the successor of the retiring member shall be
appointed or elected, as the case may be, as if the retirement had
been that of the nlembcr whose place has been so talren.

to the regulations for the time being in force relating to a quorum, b ~ v a c a n c ~. Subject Powers not deoted

the powers of the Board shall not be affected by any diminution

in the number of its members, or by any vacancy in the office of

member.

9. The fund shall be vested in and be under the control and Investmentof fwd.

management of the Board, who may invest the same on deposit in any bank, or upon first mortgage of the fee-simple of land in South Australia, or upon Government securities of the said province or of any Australian colony, or upon securities guaranteed by the Govern- ment of the said province, or the Government of any Australian colonv, or upon the securities of any Municipal Corporation in the

said irovince. 10. The

53O & 54' VICTORIW, No. 485.

me Teachers Superannuation Act.- 1890.

" Board

to offlcerrr. 10. The Board may-

r.

Appoint such officers, clerks, and ser vnnts as they shall think

necessary for efficiently conducting the affairs of the fund:

11, Pay and allow such salaries and emoluments as the Board

shall think fit:

III. From time to time remove from office any officer, clerk, or

servant, and re-appoint him, or appoint another in his

place.

A ~ p ~ c a t i o ~ o f f ~ n d. 11.	The fund shall be devoted to the following purposes:-
1. Payment of the expenses of management, including the payment of' an amount not exceeding One Guinea per meeting to each member of the Board who is not employed in the public service:
11. Yroviding annuities for subscribers on their 'etirement from service on attaining the prescribed age, or on account of illness or infirmity:
111. Providing annuities for the widows of subscribers:
rv. Providing annuities for the children of subsc~ibers after the

death of both parents.

Protection to annui- 12. NO annuity payable out of the fund shall be anticipated,

tanta.

assigned, transferred, charged, encumbered, or other wise parted with by the person entitled, or &mtingently entitled thereto, in*possession, expectancy, or otherwise; nor shall any such annuity be attached or taken in execution under the process of any court, nor, in the event

of the insolvency of such person, vest in the assignee or trustee of

his estate; but every such annuity [+hall be an inalienable personal

provision for the person entitled thereto.

Yolunta y subscribera. 13. I. The subscribers to the fund may be---

a. Any person employed by or in the Education Depart-

ment who shall be approved by the Board as n

subscriber:

b. Head teachers:

c. Assistant teachers:

d. (With the consent of tbe Board in each case) teachers

of provisional schools.

c~mpulsorp sub- 11. All head teachers and assistant teachers hereafter appointed

scribera .

shall subscribe to the fund, in accordancc with regulations

to be made by the Board in that behalf:

IT], NO subscriber shall, without the consent of the Board, cease to

subscribe to the fund while employed by or in the Edu-

cation Department:

IV. The Minister may pay subscriptions becoming due by any sub-

scriber, and deduct the same from his sallary.

14. 1. Any

53' & 54' VICTORIE, No. 485.

14. I. Any teacher entitled or contingently cntitl~d to a retiring p ~ - ~ h a s e o f status-

allowance under the provisions of I'he 1Sducation Rcgnla- tions of 1879 and The Education Regulations of 1885, may, with the sanction of the Minister and of the Board, assign such allowance or any part thereof with all interest therenn to the Board, in the prescribed form, for the

purchase of a status with respect to the fund. Any	such pu~chase shall be conditional on thc Board receiving
the allowance ancl the interest (if any) assigned; and if the moneys received bp the Board shall be less than con- templated at the time of the purchase, the status shall be proportionately reduced:

11. All assignments to the members of the Board of Manage- ment of 'She Public School 'I'e:tchers Superannuation and Widows F~znd, heretofore made by public school teachers, ancl accepted by the Board, and sanctioned by the Minister,

being assignments of moneys which such teachers were

entitled to have placed to their credit, under h o. 283 of T'he Education Regulations of 1885, shall, so far as such assignments have already been curried into effect by thc receipt by the men~bcrs of the said Board of the

moneys thereby purporting to be assigned, bc valitl ac-

cording to the tenor thcrcof, and such moneys shall be

deemed portion of the fund:

111. All such assignments, not already carried into effect by the receipt of the moneys as mentioned in the last preceding section, shall operate as if the same had been made to the Board under the first sub-section hcreof:

IV. Any person employed by or in the Education Department may, with the sanction of the Boa~d, assign to thc Board his retiring allowance under the " Civil Service Act,

1874," or any part thereof, with all interest thereon,

for the purchase of a status with respect to the fund. Any such assignment shall operate as if the same had been	an assignment by a teacher of his retiring allowance under
sub-sec tion I. hereof.

15. Any subscriber shall, on xetiring from his employment by P a ~ e n t of benefita

or in the Education Department, be cntitled to receive the benefits twF1ty on retirement on

provided for retiring subscribers in every case where such subscriber scription.

shall have subscribed for twenty years, or shall have acquired a

status with respect to the fund equivalent to that obtainable by twenty years' subscription: Provided that such subscriber shall, on retiring, have attaiued, if s man the age of sixty years, or if a

womau the age of' fifty years.

1 . The accounts relating to thc fund shall once at lcast in every Audit of accounts.

year be audited by the Comnlissioners of Audit, or by one or more

actuaries or accountants, to be approved by the Minister.

17. The

53" & 54' VICTORIW, No. 485. --

The Teac?ws Superan nuation Act.- 1890.

17, Tbe Board, with the sanction of the Governor, may, from

time to time make, alter, and revoke regulations fo-r all or any of

the following purposes, that is to say-

a. Prescribing the duties of all persons employed in the adminis-

tration of the fund or otherwise for the purpose of this Act:

b. Regulating the security to be given by such persons or any of

them:

c. Fixing, increasing, or redileing the subscriptions to be made, and the benefits to be taken by subscribers and the pro- portion of money repayable to subscribers ceasing, by reason of dismissal or otherwise, to subscl.ibe to the fund: Provided that the maximum subscription shall be Sixteen Pounds per annurn for a man and Twelve Pounds per annum for a woman:

d. Prescribing the modes of purchasing status in respect of the fund, whether by cash payments or by assignmerits of retiring allowances or otherwise, and prescribing, increasing, or reducing the amounts to be paid for the ~~urchase of status:

a. Prescribing the times and manner of elections of members of

the Board:

f, Regulating the meetings of the Board, and the times and places

of, and the quorum and proceedings at such meetings, the

custody of the common seal, and the mode of its use:

g. Prescribing the period of office and the mode of election of the Chairman (subject to the provisions of section 5 with regard to the Inspector-General):

h. Prescribing forms necessary or cxpedicnt for carrying out this

a c t:

i. For holding meetings of subscribers, and regulating the proceed- ings thereat:

j. Carrying out the objects of this Act, and to meet any par- ticular case that may arise.

In the construction of this scction general words shall not be limited or controlled by particular words.

Regulations to be 18. Such regulations shall be published in the Government

published, &a.

Gaxett~, and shall afterwards be judicially noticed, and have the force of law; and the Governmetr t Gazette ~)urporting to contain a copy of any such regulations shall be conclusive evidence thereof, All such regulations shall be laid before both Houses of Parliament within fourteen days after the publication thereof, if Parliament be then sitting, and if Parliament be not sitting, then within fourteen

days after the commencemelit of the next sitting of Parliament.

Reporta on fund. 19, I, I n the month of March in every year a report on the condition,

53" & 54O VICTORIAZ, No. 485.

The Teachers Superannuation A c t - 1	890.
d.

-

condition, investments, and affairs of the fund and its administration during the year ending on the thirty-first day of January next preceding shall be prepared and laid before the Governor by the Board.

11. As soon as conveniently may be after the thirty-first day of

January, one thousand eight hundred and ninety-four,

and at the end of every subsequent period of five years,

thc affairs of the fund shall be investigated and reported upon by an actuary, to be appointed by the Board and approved by the Governor, and the report of sucli actuary

sl~all be laid before the Governor by the Board.

for his own acts and deeds, or be answerable for any banker, broker, 20. No member of the Board shall be personnlly liable except f;;:ptigsym-

or other person, with whom any part of the moneys or effects of or belonging to the fund shall be deposited or lodged for safe custody, or be answerable for the insufficiency or deficiency of any security or securities in or upon which any moneys shall be placed out or invested, or for the defect of or in title or value of any lands, or for any other misfortune, loss, or damage, which may happen by reason of anything done by him in virtue of his office in the execution of this Act, except in cases where he shall be guilty of wilful neglect or default.

of the appointment or election of any person as a member of the ment or election. 21. The #oaernmenb Gaxette containing a notice by the Minister Evidence of appoint-

Board, shall be conclusive evidence of such appointment or election.

In the name and on behalf of Her Majesty, I hereby assent tp

this Bill.

KINTORE, Governor,

- -

Adelaide : By authority, C. E. BKISTOW, Government hinter, North-brrap.