The toughest reality of life is that we all have a ticking clock, and eventually, our time runs out. What comes next for the next of kin is a challenging period especially if the deceased was the sole breadwinner.
For teachers employed by the Teachers Service Commission (TSC), there’s a clear set of guidelines to ensure that when a teacher dies while still working, their dependants receive financial support.
Take, for example, a teacher who dies in a road accident while still working. If they were the only one supporting the family, it can be really challenging for the family to figure out how to claim the benefits from the Teachers Service Commission.
The constant trips to government offices for various documents and requirements just to access the teacher’s benefits, even as immediate family, can be incredibly frustrating.
In one case, a family received their benefits 1 year and 5 months after the teacher’s death. However, processing and paying out death benefits shouldn’t take this long.
If a teacher was employed on Permanent and Pensionable terms, the TSC provides benefits for the family. However, the amount can vary depending on factors such as years of service and the number of survivors.
Here, we’ll discuss the benefits available to the teacher’s survivors and how they can access them:
Death Gratuity
Survivors of a teacher who dies while in service are entitled to Death Gratuity provided the teacher was employed on Permanent and Pensionable terms and had been confirmed in their role.
The TSC handles all death gratuity claims and sends them to the Treasury for processing.
Death Gratuity Payment Process
- The teacher’s name is removed from the payroll, and any overpayments are recovered.
- The next of kin should submit the death certificate and a letter from the area chief.
- The next of kin will settle any overpayment if applicable
- The claim is forwarded to the Director of Pensions for payment
If a dispute occurs, it is referred to the Deputy County Commissioner for resolution. The next of kin can also take the matter to court if needed.
The payable amount is either two years’ salary or the commuted pension gratuity, whichever is higher, based on the salary at the time of death. The Pensions Department of the National Treasury is responsible for disbursing these funds.
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Under the Pensions Act (Cap. 189), the benefit is a one-time lump sum payment made to the legal representative or dependents of a teacher who dies while employed on permanent and pensionable terms.
Why Death Gratuity processing take long
There are five main reasons why processing death benefits can be delayed. These include:
1. Documentation
The main faults here include:
- Missing documentation
- Incomplete documents
- Wrongly filled documents
2. Filling the wrong declaration
For example, if a spouse of a deceased teacher fill out a guardian declaration form instead of a widow/widower declaration form, it can cause delays.
3. Family/Succession disputes
This happens when multiple wives and/or dependents cannot agree on who should be the family’s legal representative.
In such cases, the necessary documents are not submitted, which delays the death gratuity claim payment.
4. Inability to trace next of Kin
After a teacher’s death, the first point of contact should be the Headteacher or Principal of the school where the teacher worked.
Occasionally, these school heads report not they’ve not been contacted by the teacher’s next of kin, particularly if the teacher was working outside their home county.
There are also instances where contact addresses and telephone numbers on the deceased’s forms in records are no longer operational.