PART VI RETIREMENT ETC., OF TEACHERS WHO HAVE MADE AN ELECTION UNDER SECTION 49A OF THE ELEMENTARY EDUCATION LAW, 1933
Repeal and saving

64. This Part of this Law shall be deemed to have ceased on the 1st day of September, 1942:

Provided that the provisions of this section shall not apply, subject to the provisions of section 62, to any teacher who made an election under, and in accordance with, the provisions of paragraph (a) of the proviso to section 49A of the Elementary Education Law, as enacted in section 23 of the Elementary Education (Amendment) Law, 1944.

Definitions

65. For the purposes of this Part of this Law-

“gratuity” means any gratuity granted under this Part of this Law;

“salary” has the same meaning as in section 45 of this Law.

Age of retirement

66.-(1) Every male teacher on the Permanent Staff Register who attains the age of sixty years and every female teacher on the Permanent Staff Register who attains the age of fifty-five years after the coming into operation of this Law shall retire and cease to be a teacher on the Permanent Staff Register, and the name of such teacher shall be removed from the Permanent Staff Register:

Provided that if-

(a) any male teacher attains the age of sixty years, or

(b) any female teacher attains the age of fifty-five years, after the commencement but before the end of the school year in which the teacher is employed, such teacher may, with the permission of the Director, continue to be employed as, and receive the salary of, a teacher and the name of such teacher shall remain on the Permanent Staff Register until the end of such school year as if such teacher had not attained such age, and the service of such teacher during any period of such continued employment shall be treated as service under this Law and shall be taken into account in the computation of any gratuity, benevolent grant or additional grant:

Provided further that the Governor may, at any time require or permit any female teacher on the Permanent Staff Register who becomes married to retire and cease to be a teacher on such register and thereupon the name of such teacher shall be removed from the Permanent Staff Register.

(2) The Director may at any time require any teacher on the Permanent Staff Register to produce to him proof of age in such form as may be prescribed by the Governor, and the name of any teacher who shall fail to produce such proof to the satisfaction of the Director may, with the sanction of the Governor, be removed from the Permanent Staff Register.

(3) Every female teacher on the Permanent Staff Register shall, on becoming married, forthwith notify the fact to the Director.

Gratuities on retirement

67.-(1) Every male teacher so retired who has served for not less than fifteen years and every female teacher so retired who has served for not less than ten years shall on the certificate of the Director that such teacher has discharged the duties of his office with fidelity and zeal receive a gratuity of one month’s salary at the rate of the salary such teacher is then receiving for every year of service.

(2) Every male teacher on the Permanent Staff Register who has served for not less then fifteen years and every female teacher on the Permanent Staff Register who has served for not less than ten years or has become married may be allowed to retire at his own desire and on the certificate of the Director that such teacher has discharged the duties of his office with fidelity and zeal shall, subject always to the provisions of section 68(2) of this Law, receive a gratuity of one month’s salary at the rate of the salary such teacher is then receiving for every year of service.

(3) No male teacher who has served for less than fifteen years nor a female teacher who has served for less than ten years shall be entitled to a gratuity:

Provided that a male teacher on the Permanent Staff Register who has served for less than fifteen years and a female teacher on the Permanent Staff Register who has served for less than ten years and who is being retired on medical evidence to the satisfaction of the Governor that such teacher is incapable by reason of some infirmity of mind or body of discharging the duties of his or her office, and that such infirmity is likely to be permanent may, with the approval of the Governor, receive a gratuity of one month’s salary at the rate of the salary such teacher is then receiving for every year of service after the date applicable to such teacher as in subsection (5) hereof prescribed.

(4) If a teacher on the Permanent Staff Register though not suffering from any particular illness or infirmity of mind or body likely to be permanent becomes unfit in the opinion of the Governor on the advice of the Director for the discharge of the duties of his office although not of the prescribed age for retirement, the Governor may order the name of such teacher to be removed from the Permanent Staff Register, and if such unfitness is not attributable to misconduct or gross negligence and on the certificate of the Director that such teacher has discharged the duties of his office with fidelity and zeal, the Governor may authorise the payment of a gratuity to such teacher of one month’s salary at the rate of the salary such teacher is then receiving for every year of service.

(5) The period of fifteen years of service in the case of male teachers and of ten years of service in the case of female teachers in this section prescribed shall in computing the gratuities of teachers who were serving as teachers in Greek-Orthodox schools on the 1st day of September, 1923, or as teachers in schools other than Greek-Orthodox on the 1st day of October, 1920, be deemed to have commenced-

(a) for Greek-Orthodox teachers on the 1st day of September 1923, and

(b) for teachers other than Greek-Orthodox on the 1st day of October, 1920.

Benevolent grants when prescribed age cannot be completed

68.-(1) Teachers on the Permanent Staff Register who although not of the prescribed age for retirement at the coming into operation of this Law cannot by reason of age complete, before attaining the prescribed age for retirement, the prescribed length of service to entitle them to a gratuity may be recommended by the Director to the Governor to receive a benevolent grant according to the merits of each case.

(2) Any female teacher on the Permanent Staff Register who, before completing ten years service to entitle her to a gratuity as in section 67(2) of this Law provided, is required or permitted by the Governor to retire on becoming married or at any time thereafter, may on the recommendation of the Director receive a benevolent grant according to the merits of her case.

(3) Teachers whose names are removed from the Permanent Staff Register in consequence of the abolition of their post may be recommended by the Director to the Governor to receive a benevolent grant according to the merits of each case.

(4) When a teacher dies while in the service, the Governor may, on the recommendation of the Director, make to his dependants a benevolent grant of an amount not exceeding one year’s salary according to the merits of each case to be distributed to them in such proportion as the Director, having regard to all circumstances, may deem fit.

For the purposes of this subsection,

the term “dependants” means such of the members of the family of a teacher as were wholly or in part dependent upon the earnings of the teacher at the time of his death.

Additional grant

69. In addition to any gratuities or benevolent grants to teachers under this Part of this Law, any teacher who has served in any elementary school in the Δημοκρατία previously to the period in section 67(5) of this Law specified may, on retirement be recommended by the Director to the Governor to receive an additional grant according to and in respect of the period of years of such previous service:

Provided that such additional grant shall in no case exceed one-half of one month’s salary at the rate of the salary such teacher is receiving on retirement for every year of such previous service.

Service for less than one year

70. The Governor may declare that any period of continuous service by any teacher or class of teachers, being not less than nine months, may for the purposes of this Part of this Law be deemed to be a year of service, and any such period so declared shall accordingly be taken into account in the computation of any gratuity, benevolent grant or additional grant.

Period of leave without pay to be treated as service

71. Any period of absence on leave without salary of a teacher shall be treated as service and taken into account in the computation of any gratuity, benevolent grant or additional grant:

Provided that no such period shall be treated as service if the leave without salary was not granted in the interests of elementary education and with the Governor’s approval.