The esteemed teaching profession is not immune to life’s harsh realities, and there are times when educators pass away while still serving. This situation can present significant challenges for their survivors, particularly if the teacher was the sole breadwinner.
The Teachers Service Commission has established guidelines to ensure that when a teacher dies while still in service, their dependents receive appropriate financial support.
If a teacher was employed on Permanent and Pensionable terms, their family is entitled to benefits from the TSC. The exact amount can vary depending on the teacher’s years of service and the number of dependents.
Here are the benefits provided to the survivors of a deceased teacher:
Death Gratuity
This is a lumpsum amount made to the legal representative or dependents of a teacher who dies while employed on permanent and pensionable terms. It is tabulated by the commission and is only payable provided that the teacher was employed on Permanent and Pensionable terms and had been confirmed in their role.
This payment is handled by the TSC and is issued to the family to assist with immediate financial needs.
All death gratuity claims are sent to the Treasury for processing after which they are distributed to the bereaved families.
The payment process involves the following steps:
1. The teacher’s name is removed from the payroll, and any overpayments are recovered.
2. The next of kin should submit the death certificate and a letter from the area chief.
3. The next of kin will settle any overpayment if applicable
4. The claim is forwarded to the Director of Pensions for payment
Should a dispute arise, it will be submitted to the Deputy County Commissioner for mediation. Alternatively, the next of kin may choose to pursue legal action in court if required.
The Pensions Department of the National Treasury is tasked with distributing the funds, with the payable amount being either two years’ salary or the commuted pension gratuity, whichever is greatermnbased on the salary at the time of death.
There are various factors that may delay the issuance of death gratuity including:
1. Documentation
Errors in crucial documents can lead to delays in receiving your family’s gratuity. Missing, incomplete, or incorrectly filled documents pose a challenge to the commission, resulting in extended processing times and potential payment delays.
2. Filling the wrong declaration
This issue arises when a bereaved family member fails to complete the correct declaration form, such as a spouse using a guardian declaration form instead of the widow/widower declaration form.
3. Family/Succession disputes
This situation occurs when multiple wives or dependents cannot reach an agreement on who should be the family’s legal representative. Consequently, the required documents are not submitted, leading to delays in processing the death gratuity claim.
4. Inability to trace next of Kin
Following a teacher’s death, the initial point of contact should be the Headteacher or Principal of the school where the teacher was employed. However, there are instances where these school heads report that they have not been contacted by the teacher’s next of kin, especially if the teacher was working outside their home county resulting in delays in the processing of their gratuity claim.
There are also situations where the contact addresses and telephone numbers provided on the deceased’s records are outdated or no longer in service.
Pension
If the teacher was pensionable, the dependents may receive monthly pension payments based on the teacher’s contributions and service record. This may include a widow’s or widower’s pension for the surviving spouse or an orphan’s pension for children or dependents who are considered orphans following the teacher’s death.
Medical Benefits
In some cases, medical coverage for the dependents may continue for a defined period or under certain conditions, depending on the policies of the pension scheme or insurance provider. This continuation of coverage can help support the dependents with healthcare expenses following the teacher’s death. The duration and extent of this coverage vary based on the specific terms of the benefits plan and the teacher’s employment agreements.
Education Benefits
In some instances, there may be provisions to assist with the education of the teacher’s children. This support could involve financial aid or scholarships to cover school fees and other educational expenses. The extent and availability of this support are determined by the policies of the pension scheme, employer, or specific benefit programs related to the teacher’s employment.
