FIRST SCHEDULE
(Section 34(1)(d).)
1. Every teacher on the Register of the Public-aided Secondary School Teachers who is not a native of the Δημοκρατία, or who, though a native of the Δημοκρατία is not a πολίτης της Δημοκρατίας and who attains the age of sixty years shall retire and cease to be a teacher on the said Register and the name of such teacher shall be removed from the said Register:
Provided that-
(a) if any such teacher attains the age of sixty 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 Register of the Public-aided Secondary School Teachers 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;
(b) it shall be lawful for the Συνέλευσις to require or permit any such teacher to retire at any time after attaining the age of fifty-five years;
(c) the Συνέλευσις may, at any time, require or permit any female teacher on the Register of Public-aided Secondary School Teachers 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 such Register.
2. Every teacher on the Register of Public-aided Secondary School Teachers, who is not a native of the Δημοκρατία, οr who, though a native of the Δημοκρατία, is not a πολίτης της Δημοκρατίας, and who has continuous service for a period of not less than three years and is not a member of any non contributory pension or gratuity scheme, may be granted, on his retirement in any of the circumstances set forth in Regulation 3 of these Regulations, or on successful completion of contract, a gratuity of one month’s salary at the rate of the salary such teacher is then receiving, for every year of service.
3.-(1) No gratuity shall be granted to any such teacher except on his retirement in any one of the following cases:-
(a) on or after attaining the age of sixty years or, in any case in which the Συνέλευσις requires a teacher to retire before attaining that age, on being required so to retire;
(b) on medical evidence to the satisfaction of the Συνέλευσις that he is incapable by reason of some infirmity of mind or body of discharging his duties as a teacher and that such infirmity is likely to be permanent;
(c) on compulsory retirement for the purpose of facilitating improvement in the organisation of Public-aided Secondary Schools by which greater efficiency or economy may be effected;
(d) on the abolition of his post;
(e) in the case of removal on the ground of inefficiency as in paragraph (2) hereof provided;
(f) on voluntary retirement with the permission of the Συνέλευσις.
(2) Where a teacher is removed from his post on the ground of his inability to discharge efficiently the duties thereof, and a gratuity cannot otherwise be granted to him under the provisions of these Regulations, the Συνέλευσις may, if he considers it justifiable having regard to all the circumstances of the case, grant such a gratuity as he thinks just and proper, but in no case exceeding in amount that for which the teacher would be eligible if he were suffering from some infirmity of mind or body likely to be permanent.
4. When a teacher dies while in the service, the Συνέλευσις may, on the recommendation of the Director, award to his dependants a gratuity 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 regulation-
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.
5. No teacher shall have an absolute right to a gratuity and where it is established to the satisfaction of the Συνέλευσις that he has been guilty of negligence, irregularity or misconduct the gratuity may be reduced or altogether withheld.
6. No gratuity granted under these Regulations shall be assignable or transferable or liable to be attached, sequestrated or levied upon, for or in respect of any debt or claim whatsoever, other than a debt due to the Government of Δημοκρατία.
7. Any gratuity payable under these Regulations shall be in substitution of, and not in addition to, any gratuity payable under any gratuity scheme operating in the school before it became a Public-aided Secondary School.
8. The Director may at any time require any teacher on the Register of Secondary School Teachers to produce to him proof of age, qualifications and past services in such form as the Director may deem fit.
9. For the purposes of this Schedule the expressions “salary” and “service” shall have the same meaning as in section 34(2) of the Law.