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Preservation of tenure of office of transferred officers.
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14.—(1) Every transferred officer to whom this section applies shall hold office in the service of the Government of Saorstát Eireann by the same tenure and on the same terms and conditions (including conditions as to salary and superannuation) as those by which he held office in the service of the Government of the late United Kingdom of Great Britain and Ireland or of the Government of the United Kingdom of Great Britain and Northern Ireland (as the case may be) immediately before his transfer from that service to the service of the Provisional Government or of the Government of Saorstát Eireann (as the case may be).
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(2) Whenever a transferred officer to whom this section applies, while holding in the service of the Government of Saorstát Eireann a situation the same as or corresponding to the situation held by him in the service of the Government of the late United Kingdom of Great Britain and Ireland or the Government of the United Kingdom of Great Britain and Northern Ireland (as the case may be) at the time of his transfer from that service, is required to perform duties which are not analogous to and are an unreasonable addition to his duties at the time of his said transfer or when owing to changes in the conditions of his employment the position of such officer has been materially altered to his detriment, such officer shall be entitled to retire if he so desires from the service of the Government of Saorstát Eireann subject to his giving to the Minister notice of his desire so to retire and subject to his right so to retire being either admitted by the Minister or affirmed by the Board.
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(3) Whenever a transferred officer to whom this section applies has received or hereafter receives promotion as defined in this sub-section in the service of the Government of Saorstát Eireann and claims that his position in the grade or situation in or to which he was so promoted has been materially altered to his detriment by changes made after he was so promoted in the conditions prescribed by the Minister at the time he was so promoted as the conditions of his employment in such grade or situation, such officer shall be entitled to retire if he so desires from the service of the Government of Saorstát Eireann subject to his giving to the Minister notice of his desire so to retire and subject to his right so to retire being either admitted by the Minister or affirmed by the Board.
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For the purposes of this sub-section the word “promotion” means promotion (whether by way of increase of salary or by appointment to another grade or situation but not including acting-promotion) in the service of the Government of Saorstát Eireann which is in the customary course of promotion in or from the grade or situation which the person promoted held at the time of his transfer to the service of the Provisional Government of Ireland or the service of the Government of Saorstát Eireann (as the case may be) and which is otherwise promotion such as he would normally (at the time he was promoted) have received in or from the last-mentioned grade or situation if the change of government mentioned in Article 10 of the Treaty had not taken place (whether such promotion is received in or to a department which was, or in or to a department which was not, in existence at the time of such change of government).
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(4) Whenever a person claiming to be a transferred officer gives notice to the Minister of his desire to retire under this section from the service of the Government of Saorstát Eireann and the Minister disputes the right of such person so to retire, the Minister shall refer to the Board and the Board shall hear and determine the question whether such person is or is not entitled so to retire and the determination of the Board on such question shall be final and conclusive.
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(5) When a transferred officer gives to the Minister notice of his desire to retire under this section from the service of the Government of Saorstát Eireann and his right so to retire is either admitted by the Minister or affirmed by the Board, such officer shall be deemed to have been discharged by the Government of the Irish Free State within the meaning of Article 10 of the Treaty and shall be entitled to compensation under that Article accordingly.
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(6) This section applies to every transferred officer who at the time of his transfer to the service of the Government of Saorstát Eireann was serving in an established capacity, or, though not serving in an established capacity, devoted his whole time to the duties of his office.
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