S.I. No. 19/1929 - Secondary Teachers' Superannuation Scheme, 1929.

STATUTORY RULES AND ORDERS. 1929. No. 19.

SECONDARY TEACHERS' SUPERANNUATION SCHEME, 1929.

WHEREAS it is enacted by Section 2 of the Teachers' Superannuation Act, 1928 (No. 32 of 1928) that the Minister for Education may, with the consent of the Minister for Finance, prepare in relation to any particular class or classes of teachers, a scheme (in that Act referred to as a superannuation scheme) with the object of providing pensions and gratuities for or in respect of the class or classes of teachers to whom such scheme applies and (subject to confirmation thereof under that Act) carry such scheme into execution, and that different superannuation schemes may be prepared and (subject as aforesaid) be carried into execution by the Minister for Education in relation to different classes of teachers;

AND WHEREAS the provisions contained in the Scheme hereby made are provisions which are authorised to be inserted therein by Sections 3 and 4 of the said Act;

AND WHEREAS it is enacted by Section 5 of the said Act that no superannuation scheme shall come into force unless and until it has been laid before each House of the Oireachtas and has been confirmed by resolution of each such House;

NOW, I, John Marcus O'Sullivan, Minister for Education, with the consent of the Minister for Finance testified by his signature hereto, in exercise of the powers conferred on me by the Teachers' Superannuation Act, 1928 (No. 32 of 1928), and of every and any other power me in this behalf enabling do hereby make the following scheme, that is to say:—

1 Short Title.

1. This Scheme may be cited for all purposes as the Secondary Teachers' Superannuation Scheme, 1929, and shall come into force immediately it has been confirmed by resolution of each House of the Oireachtas.

2 Interpretation of Scheme.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Scheme in like manner as it applies to the interpretation of an Act of the Oireachtas.

3 Definitions.

3. In this Scheme—

the expression "the Minister" means the Minister for Education;

the expression "the appointed day" means the 1st day of August, 1929;

the expression "the Incremental Salary Rules" means rules for the time being in force made by the Minister with the consent of the Minister for Finance, in relation to the distribution to secondary teachers of money voted by the Oireachtas for the purpose of incrementing the salaries of such teachers;

the expression "recognised teacher" has the meaning assigned to it by the Incremental Salary Rules;

the expression "approved teaching service" has the meaning assigned to it by the Incremental Salary Rules subject to this modification that the condition contained in the said Rules requiring service as a teacher to be certified by the inspectors of the Department of Education shall not apply;

the expression "registered secondary teacher" means a teacher on the register of intermediate school teachers in Saorstát Eireann formed under sub-section (3) of section 1 of the Intermediate Education (Ireland) Act, 1914;

the expression "certified pensionable post in the Civil Service" means a pensionable post in the Civil Service of Saorstát Eireann in respect of which the Minister and the Minister for Finance certify that educational qualifications and experience of a teacher are desirable for the proper performance of the duties thereof;

the expression "school year" means the period commencing on the 1st day of August in any year and ending on the 31st day of July in the next following year;

the expression "quarter" means the period of three months commencing on either the 1st day of August, the 1st day of November, the 1st day of February or the 1st day of May;

the expression "retirement" when used in relation to a teach means the date on which his approved teaching service ceases, and cognate words when so used shall be construed accordingly.

4 Computation of Period of Approved Teaching Service.

4. In computing for the purposes of this Scheme the number of years of approved teaching service of any person, a year's teaching service (as defined by the Incremental Salary Rules) given by such person which is also approved teaching service, shall be computed as a year of approved teaching service.

5 Persons to whom this Scheme applies.

5. Subject to the provisions of this Scheme, this Scheme applies to the following persons, namely:—

(a) a person (in this Scheme referred to as a retired recognised teacher) who was a recognised teacher at any time between the 1st day of January, 1927, and the 1st day of January, 1929, and who retired before the appointed day.

(b) a person (in this Scheme referred to as an existing recognised teacher) who is a recognised teacher on the appointed day.

(c) a person (in this Scheme referred to as an existing Civil Servant to whom this Scheme applies) who while a registered secondary teacher and before the appointed day was appointed to a certified pensionable post in the Civil Service and holds the same or a similar post in the Civil Service on the appointed day.

(d) a person (in this Scheme referred to as a future teacher to whom this Scheme applies) who is not a recognised teacher on the appointed day, but who is on the appointed day a registered secondary teacher or subsequently becomes a registered secondary teacher.

6 Persons Qualified for Membership of Scheme.

6. The following persons only shall be qualified for membership (in this Scheme referred to as membership) of this Scheme, that is to say:

(1) A person who complies with all the following conditions, namely—

(a) is a retired recognised teacher;

(b) either was aged not less than sixty years at the date of his retirement, or if under that age at such date, retired owing to infirmity of mind or body which, in the opinion of the Minister and the Minister for Finance, rendered him incapable of discharging his duties as a teacher, and which, in the opinion of the said Ministers, is likely to be permanent;

(c) had approved teaching service of a length not less than two-thirds of the excess of his age at the date of his retirement over twenty-five years, and

(d) had approved teaching service for seven of the ten years immediately preceding the date of his retirement;

(2) A person who complies with both the following conditions, namely—

(a) is an existing Civil Servant to whom this Scheme applies, and

(b) prior to his retirement had at least seven years' approved teaching service;

(3) A person who complies with all the following conditions, namely—

(a) is an existing recognised teacher;

(b) either

(i) is not over thirty years of age on the appointed day, or

(ii) if over thirty years of age but not over fifty years of age on the appointed day, has approved teaching service of not less than two-thirds of the excess of his then age over twenty-five years, or

(iii) if over fifty years of age on the appointed day has approved teaching service at that date of not less than two-thirds of the excess of his age over twenty-five years, and the period of such teaching service includes not less than seven of the ten years immediately preceding the appointed day;

(c) if not over thirty years of age on the appointed day provides proof of his health and physical fitness and submits to such medical examination at his own expense as the Minister for Finance may direct;

(4) A person who is a future teacher to whom this Scheme applies and who at the date of his application for admission to membership complies with all the following conditions, namely—

(a) is aged twenty-one years or upwards;

(b) is a registered secondary teacher whose teaching service is approved teaching service;

(c) either

(i) is not more than thirty years of age, or

(ii) if over the age of thirty years, but not over the age of fifty years, has approved teaching service of not less than two-thirds of the excess of his age over twenty-five years, or

(iii) if over the age of fifty years has approved teaching service of not less than two-thirds of the excess of his age over twenty-five years, and in the case of a person who is over the age of fifty years on the appointed day the period of such teaching service includes not less than seven of the ten years immediately preceding the appointed day;

(d) in the case of a person not over thirty years of age or a person over that age who has not at least one year's approved teaching service before the appointed day, provides proof of his health and physical fitness, and submits to such medical examination at his own expense as the Minister for Finance may direct.

7 Applications for First Admission to Membership.

7. (1) A retired recognised teacher or an existing recognised teacher or an existing Civil Servant to whom this Scheme applies, who is qualified for membership and who desires to be admitted to membership, must apply for admission thereto on or before the 30th day of April, 1930, ]but the Minister may, with the consent of the Minister for Finance, extend in any particular case the time limit imposed by this sub-paragraph if satisfied that the delay in making application was due to any reason which he deems satisfactory.]

(2) A future teacher to whom this Scheme applies, who is qualified for membership and who desires to be admitted to membership, shall apply for admission thereto within fifteen months after the date on which he desires that his contributing service should begin.

(3) Every application for admission to membership shall be in such form and contain such information as the Minister and the Minister for Finance may prescribe.

8 Members and ex-Members of Scheme.

8. (1) A person qualified for membership who applies for admission in accordance with the foregoing paragraph shall be admitted to membership and be deemed to have become a member of this Scheme in the case of a retired recognised teacher, an existing recognised teacher or an existing Civil Servant to whom this Scheme applies, as from the appointed day, and in the case of a future teacher to whom this Scheme applies as from the date on which he desires his contributing service to begin.

(2) Every existing recognised teacher and every future teacher to whom this Scheme applies, who is admitted to membership, shall continue to be a member of this Scheme until he ceases to be engaged in approved teaching service and shall thereupon cease to be a member of this Scheme.

For the purposes of this sub-paragraph an existing recognised teacher or a future teacher to whom this Scheme applies, who while he is such teacher is appointed to a certified pensionable post in the Civil Service, shall be deemed to have continued in approved teaching service until the date of his retirement from the Civil Service.

(3) Every retired recognised teacher who is admitted to membership shall be deemed to have ceased to be a member of this Scheme immediately after his admittance to membership.

(4) Every existing Civil Servant to whom this Scheme applies, who is admitted to membership, shall continue to be a member of this Scheme until the date of his retirement from the Civil Service.

(5) A person who by virtue of this paragraph is for the time being a member of this Scheme is hereinafter referred to as an existing member, and a person who, by virtue of this paragraph ceases to be a member of this Scheme, is hereinafter referred to as an ex-member.

9 Re-admission of ex-members.

9. (1) An ex-member shall, on application to the Minister, be entitled to be re-admitted to membership if the following conditions are complied with, namely:—

(a) he has actually re-entered on approved teaching service, and

(b) (i) if he is over the age of fifty years at the date of such application, not more than two years have elapsed at that date since the date on which he became an ex-member, or

(ii) if he is not over the age of fifty years at the date of such application, not more than ten years have elapsed since the date on which he became an ex-member.

(2) An ex-member re-admitted to membership under this paragraph shall be deemed to be an existing member as from the date of his re-entry on approved teaching service.

10 Establishment of the Secondary Teachers' Pension Fund.

10. (1) The Minister for Finance shall, immediately this Scheme comes into force, establish a fund (in this Scheme referred to as the pension fund) to be called the Secondary Teachers' Pension Fund, and shall control and manage such fund in accordance with this Scheme, and shall pay into such fund all moneys which are by this Scheme required or authorised to be paid thereinto, and shall pay out of such fund all moneys which by this Scheme are required or authorised to be paid thereout.

(2) The Minister for Finance shall at the expiration of five years from the appointed day cause an actuarial enquiry to be made into the pension fund and the assets and liabilities thereof, and shall cause a like actuarial enquiry to be made at such subsequent intervals as he may think proper.

11 Investment of Pension Fund in Trustee Securities.

11. (1) So much of the pension fund as in the opinion of the Minister for Finance is for the time being not immediately required for the payment of sums payable out of the said fund under this Scheme shall be invested by the said Minister in securities in which trustees are by law for the time being in force authorised to invest trust funds.

(2) The Minister for Finance may from time to time in his discretion vary or transpose all moneys invested under this paragraph into other investments authorised under this paragraph, and may at any time for the purpose of such variation or transposition, or in order to utilise for the purpose of this Scheme the invested portion of the pension fund, sell and convert into money all or any investments made by him under this paragraph.

(3) All dividends and interest received by the Minister for Finance on investments made by him under this paragraph shall be paid into the pension fund.

12 "Standard Salary" and "Pensionable Salary."

12. For the purposes of this Scheme "standard salary" and "pensionable salary" shall be calculated in accordance with the provisions of the Schedule hereto.

13 Teachers and Schools Contributions.

13. (1) There shall be paid to the pension fund by every teacher who is an existing member (other than an existing member who holds a certified pensionable post in the Civil Service) a contribution (in this Scheme referred to as the teacher's contribution) in accordance with the following provisions, namely:—

(a) the amount of such contribution shall be at the rate of four pounds per cent. per annum of such teacher's standard salary;

(b) such contributions shall be due and payable quarterly in arrear;

(c) in the case of a teacher who is in receipt of incremental salary, such contributions shall be deducted from his incremental salary;

(d) in the case of a teacher who is not in receipt of incremental salary, contributions may be paid by such teacher as they become due, and if any such contribution is not paid before the expiration of the second quarter next succeeding the quarter when it becomes due it shall be deducted with compound interest computed at the rate of three pounds per cent. per annum from the next payment or payments of any incremental salary which may thereafter become payable to such teacher, or from the first payment or payments of pension or gratuity payable to him should he retire before receiving any or sufficient incremental salary to pay such contribution;

(e) all such contributions which are not an exact multiple of fourpence shall be calculated to the next larger multiple of fourpence.

(2) There shall be paid to the pension fund by every secondary school in which a teacher who is an existing member is employed a contribution (in this Scheme referred to as the school's contribution) in respect of every such teacher in accordance with the following provisions, namely:—

(a) the said contribution shall be at the rate of two pounds and ten shillings per cent. of the basic salary of such teacher in respect of the period for which such teacher gives approved teaching service in such school after the appointed day;

(b) in the case of a teacher employed part-time in two or more schools, the share of the school contribution to be paid by each school shall be in proportion to the average number of hours per week for which the teacher is employed in approved teaching service therein;

(c) the school's contribution shall be an annual contribution, and shall be due at the expiration of each school year;

(d) the school's contribution shall from time to time be deducted from the payment or payments of Capitation Grant within the meaning of the Conditions and Regulations for the payment of Grants to Secondary Schools made to the school next after the school contribution shall be due.

14 Moneys voted by the Oireachtas.

14. Any moneys provided by the Oireachtas for the purposes of this Scheme shall be paid into the pension fund.

15 "Contributing Service" and "Non-contributing Service."

15. For the purposes of this Scheme:

(a) the expression "contributing service" means any period of approved teaching service given by a person (other than an existing member who holds a certified pensionable post in the Civil Service) in respect of which both teacher's contribution and school's contribution are paid into the pension fund; and

(b) the expression "non-contributing service" means any period of approved teaching service given by any person before the appointed day.

16 Special Provisions in Relation to Former National Teachers.

16. An existing member who has had service as a National School Teacher which is recognised as pensionable service for the purpose of the award of a pension under the National School Teachers (Ireland) Act, 1879, or any enactment amending that Act, may, within a period of twelve months after becoming a member, if he so desires, either authorise the transfer to the pension fund of the contributions paid by him in respect of such service to the pension fund established under the said Act; or if he has been refunded those contributions, pay to the pension fund the amount of those contributions, together with compound interest thereon at the rate of three per cent. per annum thereon computed from the date of such refund until the date of the payment into the pension fund, and upon such transfer or payment (as the case may be) being made, such service shall be deemed for the purposes of this Scheme to be approved teaching service and also contributing service, and shall be added to the approved teaching service or the contributing service (as the case may be) which such existing member may be entitled to under any other provision of this Scheme.

17 Conditions of Retirement of Certain Teachers.

17. (1) A teacher to whom this paragraph applies may at any time after reaching the age of sixty years be requested by the Minister to retire on the date named in such request, and any such teacher so requested shall, if he has not retired before such date, be deemed for the purposes of this Scheme to have retired on such date.

(2) Save as provided by the next sub-paragraph, every teacher to whom this paragraph applies shall retire not later than the end of the school year in which he reaches the age of sixty-five years, or in the case of such teacher over the age of sixty-five years on the appointed day, not later than the end of the school year then current, and such teacher shall, if he has not retired before the end of such school year, be deemed for the purposes of this Scheme to have retired at the end of such school year.

(3) (a) A teacher to whom this paragraph applies who is over the age of fifty-five years on the appointed day may be granted by the Minister special permission to continue to serve from year to year after he reaches the age of sixty-five years and until he reaches the age of seventy years, provided he applies for such special permission within three months after reaching the age of sixty-four years or, if he is over that age on the appointed day, within nine months after the appointed day.

(b) The Minister may at any time recall any such special permission, and thereupon the teacher whose special permission is so recalled shall, if he has not retired before the end of the school year then current, be deemed for the purposes of this Scheme to have retired at the end of such school year.

(4) This paragraph applies to a teacher actually engaged in approved teaching service who is an existing member.

18 Conditions of Grant of Pensions to Certain Teachers.

18. (1) A person to whom this paragraph applies shall be ineligible to receive a pension under this Scheme unless:—

(a) his length of approved teaching service is not less than ten years' contributing service, and

(b) either (i) he has attained at the date of his retirement the age of sixty years, or

(ii) he satisfies the Minister and the Minister for Finance that while actually serving as a teacher he has become incapable from infirmity of body or mind of discharging the duties of a teacher and that such infirmity is likely to be permanent, or

(iii) having attained the age of fifty years, he ceases to receive incremental salary on the ground of his inability to discharge the duties of a teacher efficiently, and the Minister and the Minister for Finance consider the circumstances of the case justify the grant of a pension.

For the purposes of this paragraph, two years of non-contributing service shall be deemed to be one year of contributing service.

(2) A pension granted to a person to whom this paragraph applies, whose case comes within the provisions of sub-clauses (ii) or (iii) of clause (b) of sub-paragraph (1) of this paragraph, shall be reduced by such amount as the Minister with the consent of the Minister for Finance may determine, if the infirmity or inability of such teacher has, in the opinion of the said Ministers, been caused by his own misconduct or default.

(3) Where a pension has been granted to a person to whom this paragraph applies, under the age of fifty years, such pension may be reconsidered at such intervals as the Minister for Finance may direct until such teacher has reached the age of fifty years, and the Minister for Finance may suspend or determine the pension if he is satisfied that the teacher is no longer incapable from infirmity of body or mind of discharging the duties of a teacher.

(4) For the purpose of the re-consideration of a pension under the foregoing sub-paragraph, the person in receipt thereof shall furnish to the Minister for Finance such medical evidence and shall submit to such medical examination as the said Minister may require, and if the requirements of this sub-paragraph are not complied with in all respects the said Minister may suspend or determine the pension as he thinks fit.

(5) This paragraph applies to an ex-member who was neither a retired recognised teacher nor a person appointed to a certified pensionable post in the Civil Service.

19 Persons to whom Pensions may be Granted.

19. (1) A retired recognised teacher who is an ex-member may be granted a pension under this Scheme, and such pension shall, save as is otherwise provided by this Scheme, commence to be payable as from the appointed day.

(2) An ex-member who held a certified pensionable post in the Civil Service, and who had not less than seven years' approved teaching service before his appointment to such post, may be granted a pension under this Scheme, but such pension shall not be assessable or be payable until he has ceased to be employed in the Civil Service in circumstances entitling him to a superannuation or other retiring allowance or gratuity under the Superannuation Acts, 1834 to 1923.

(3) An ex-member other than a retired recognised teacher or a person who held a certified pensionable post in the Civil Service, and who is not declared by this Scheme to be ineligible for a pension, may be granted a pension under this Scheme, and such pension shall, save as is otherwise provided by this Scheme, commence to be payable as from the date on which he ceased to be a member.

20 Grant of Pensions.

20. (1) Every pension under this Scheme shall be granted by the Minister with the consent of the Minister for Finance, and when so granted shall be paid out of the pension fund.

(2) Every pension granted under this Scheme shall be an annual sum payable during the life of the person to whom it is granted.

21 Amount of Pension.

21. (1) For the purpose of assessing the amount of a pension, the following provisions shall have effect, that is to say,

(a) in the case of a person whose service is solely contributing service, the pension shall not in any case exceed one-half of his pensionable salary, and, subject to that limitation, shall be at the rate of one-eightieth of his pensionable salary for every year of contributing service;

(b) in the case of a person whose service is solely non-contributing service, the pension shall not in any case exceed two-fifths of his pensionable salary, and, subject to that limitation, shall be at the rate of one-hundredth of his pensionable salary for every year of his non-contributing service;

(c) in the case of a person whose service is both contributing service and non-contributing service, the pension shall be as follows:—

(i) if such person has forty or more years of contributing service, his pension shall be assessed as if his case came within the provisions of clause (a) of sub-paragraph (1) of this paragraph,

(ii) if such person has less than forty years of contributing service the pension shall be the total of the two following sums added together, namely—

I. the sum arrived at by multiplying the number of his years of contributing service by one-eightieth of his pensionable salary, and

II. the sum arrived at by multiplying the number of his years of non-contributing service or the difference between the number forty and the number of his years of contributing service (whichever of those factors is the lesser) by one-hundredth of his pensionable salary.

(2) A pension under this Scheme which is not an exact multiple of fourpence shall be increased to the next larger multiple of fourpence.

22 Claims for Pensions.

22. (1) A person claiming to be entitled to a pension under this Scheme shall send to the Department of Education in the manner provided by this paragraph, notice of his claim within one year after the date of his ceasing to be a member.

(2) In the case of a claimant who is of unsound mind or otherwise unable to make the claim himself, the claim may be made by any person on his behalf, and in any other case the claim shall be made by the claimant personally.

(3) If any claimant fails to give notice of his claim within the time limited by sub-paragraph (1) of this paragraph, the pension (if any) granted to him under this Scheme shall be payable only as from the date on which he gives notice of his claim, unless the Minister is satisfied that the omission to make such claim was due to causes which he deems reasonable.

23 Short Service Gratuity.

23. Where an ex-member is ineligible for the grant of a pension, there shall, on the application of such ex-member, be paid to him out of the pension fund a gratuity (in this Scheme referred to as a short service gratuity) of an amount equal to the total teacher's contribution paid by him into the pension fund.

24 Payment of Pensions.

24. Pensions shall accrue from day to day, but any sum due on account of a pension shall not be payable until the end of the quarter in which it becomes due, subject however to the following provisions, namely—

(a) in the case of the death of a person to whom any such sum is due, earlier payment may be authorised by the Minister for Finance,

(b) advances may be made at the end of any month in respect of the amount of the pension accrued due in that month, but no such advance made in respect of either the first and second months of any quarter shall exceed eight per cent. (fractions of a pound being excluded) of the total pension.

25 Cesser of Pension on Re-admission to Scheme.

25. Where an ex-member in receipt of a pension under this Scheme is re-admitted to membership, such pension shall cease, and his service prior to his retirement shall, for the purpose of the grant of a new pension to him, be reckoned as if such retirement had not taken place, but such new pension shall not be of less amount than the amount of the pension which ceased as aforesaid.

26 Repayment of Short Service Gratuity on Re-admission to Scheme.

26. (1) In the event of a person who is an ex-member, to whom a short service gratuity or a disablement gratuity has been paid, being re-admitted to membership, such person may, within such period as may be prescribed by the Minister, repay to the pension fund the amount of such gratuity with compound interest thereon at the rate of three pounds per cent. per annum from the date of the payment of such gratuity to him until the date of such repayment, and thereupon the service of such person prior to his retirement shall, for the purposes of this Scheme, be reckoned as service for the purpose of this Scheme, but not otherwise.

(2) The Minister may allow any payment to the pension fund, which may be made under the foregoing sub-paragraph, to be made by deduction from incremental salary of the teacher concerned of such amount and spread over such number of years and subject to such conditions as he may determine.

27 Other Provisions in relation to re-admission to Scheme.

27. In the event of a person who is an ex-member, to whom a short service gratuity has not been paid, being re-admitted to this Scheme, the service of such person prior to his retirement shall be reckoned as service for the purposes of this Scheme.

28 Death of Teacher or Pensioner.

28. (1) In the event of the death of an existing member, a gratuity equal to the amount of the total teacher's contribution paid by him into the pension fund, with compound interest thereon at the rate of three pounds per cent. per annum, may be paid out of the pension fund to his legal personal representative.

(2) Where a person who has been awarded a pension under this Scheme dies, and the amount received by him by way of pension is less than the amount which would have been paid to his legal personal representative under the foregoing sub-paragraph if he had died immediately before his retirement, a gratuity equal to the amount of the difference between the said two amounts may be paid out of the pension fund to his legal personal representative.

(3) Where a person who is an ex-member, and is in receipt of a pension from the pension fund, is re-admitted to membership, and dies while an existing member, the amount of the gratuity payable to his legal personal representative under sub-paragraph (1) of this paragraph shall be reduced by the amount which such person has received by way of pension.

29 Payments in Default of Legal Personal Representatives.

29. Where upon the death of an existing member or an ex-member a sum not exceeding one hundred pounds is due to his estate on account of a pension or gratuity under this Scheme, the Minister for Finance may, if representation has not been raised to the estate of such existing member or ex-member, without requiring such representation to be raised, pay such sum to such person or persons as appear to the said Minister, upon such evidence as he may deem satisfactory, to be beneficially entitled to receive the same.

30 Suspension of Pension.

30. If any person in receipt of a pension under this Scheme is appointed to any office or situation in a public department, or which is remunerated out of moneys provided by the Oireachtas, or which is a public office within the meaning of the Superannuation Act, 1892, then

(a) if the remuneration of such office or situation is equal to or greater than the standard salary of such teacher at the time of his retirement, the payment of such pension shall be suspended during such period as such remuneration is payable, or

(b) if such remuneration and such pension are together in excess of such teacher's standard salary at the time of his retirement, such pension shall be reduced by the amount of such excess during such period as such remuneration is payable.

31 Prohibition of Assignment of Pensions.

31. (1) Every assignment of and every charge on and every agreement to assign or charge a pension or gratuity payable under this scheme shall be void.

(2) Nothing in this paragraph shall prevent the deduction from any pension or gratuity under this Scheme of any moneys which may be due or owing to the Minister or any other Minister or any Department of State by the person to whom such pension or gratuity is payable.

32 Forfeiture of Pensions.

32. (1) If any person in receipt of a pension under this Scheme is, during the continuance of such pension, convicted of a crime or offence by a court of competent jurisdiction, and is sentenced by that court for that crime or offence to imprisonment with hard labour for any term or to imprisonment for a term exceeding twelve months or to penal servitude for any term, such pension shall be forfeited as from the date of such conviction, but if the total amount paid to such person on foot of such pension is less than the total amount of teacher's contribution paid by him to the pension fund, the difference between such total amounts shall be paid to him out of the pension fund.

(2) If any existing member is convicted of a crime or offence by a court of competent jurisdiction, and is sentenced by that court for that crime or offence to imprisonment with hard labour for any term or to imprisonment for a term exceeding twelve months or to penal servitude for any term, such member shall not be paid out of the pension fund any amount in excess of the amount of teacher's contribution paid by him to the pension fund.

33 Proof of Age, etc.

33. (1) The Minister for Finance may at any time require an existing member or an ex-member to give evidence of his age.

(2) If a person has applied for a pension on the ground of infirmity of body or mind, the Minister for Finance may require him to furnish medical evidence of the nature of such infirmity and also to submit to such medical examination as the said Minister may direct.

(3) The Minister for Finance may, before any sum is paid out of the pension fund, require proof to his satisfaction of the identity of the person who claims payment of the sum, and may, before any sum is paid out of the pension fund on account of any person, require proof to his satisfaction of the existence of such person.

34 Application of Pension where Pensioner Incapacitated.

34. (1) Where the Minister for Finance is satisfied that an ex-member to whom a pension or gratuity is payable under this Scheme is incapable of giving a receipt for such pension or gratuity, the said Minister may pay any sum payable on account of such pension or gratuity either to the institution or the person having care of such ex-member, or for the benefit of such person or persons as the said Minister considers to be dependants of such teacher, or may pay any such sum partly to such institution or person having care of such ex-member and partly to such persons as the said Minister considers to be dependants of such ex-member, and in such manner as the said Minister thinks fit.

(2) Any payments made by the Minister for Finance under this paragraph shall be as full a discharge for the said Minister as if such payments had been made directly to the ex-member entitled to the pension or gratuity in respect of which such payments were made.

Given under my Seal of Office this 16th day of May, 1929.

J. M. O'SULLIVAN,

Minister for Education.

I consent to the foregoing Scheme.

Dated this 17th day of May, 1929.

EARNÁN DE BLAGHD,

Minister for Finance.

SCHEDULE.

RULES FOR THE CALCULATION OF "STANDARD SALARY" AND "PENSIONABLE SALARY."

Rule 1—In these rules—

the expression "basic salary" means when used in relation to a male the sum of two hundred pounds, and when used in relation to a female the sum of one hundred and eighty pounds, the expression "incremental salary" means the annual sum payable to a teacher under the Incremental Salary Rules.

Rule 2—(1) For the purposes of this rule a person to whom this rule applies shall be deemed—

(a) to have been engaged in approved teaching service during the period which commences on the date of his appointment to a certified pensionable post in the Civil Service and expires on the date of his retirement from the Civil Service, and

(b) to have been in receipt of incremental salary (in this rule referred to as hypothetical incremental salary) in accordance with the Incremental Salary Rules, and basic salary (in this rule referred to as hypothetical basic salary) during the period which commences on the 1st day of August, 1924, or the date of his appointment to a certified pensionable post in the Civil Service (whichever is the later) and expires on the date of his retirement from the Civil Service.

(2) For the purposes of this rule, but no further or otherwise, the standard salary (in this rule referred to as hypothetical standard salary) of a person to whom this rule applies shall be the sum formed by adding together his hypothetical basic salary and his hypothetical incremental salary.

(3) The pensionable salary of a person to whom this rule applies shall be calculated in accordance with the following provisions, that is to say—

(a) such person may, if he so wishes, on the quarter day next following the date of his admission to membership if he is an existing Civil Servant to whom this Scheme applies, or, the quarter day next following the date of his appointment to a certified pensionable post in the Civil Service if he is not an existing Civil Servant to whom this Scheme applies, pay to the pension fund in the manner prescribed by this rule a sum (in this rule referred to as a quarterly contribution) equal to one per cent. of his hypothetical standard salary for the time being.

(b) such person may, if he has paid a quarterly contribution into the pension fund on the quarter day mentioned in the foregoing paragraph and applicable to his case, pay, on every quarter day subsequent to the said first-mentioned quarter day during the period (in this rule referred to as the prescribed period) which commences on the first of such subsequent quarter days and expires one year after the date on which his hypothetical standard salary reaches its maximum, to the pension fund a quarterly contribution.

(c) if such person pays a quarterly contribution into the pension fund in accordance with paragraph (a) of this rule and also pays a quarterly contribution into the pension fund on every quarter day during the prescribed period, his pensionable salary shall be his maximum hypothetical standard salary.

(d) if such person pays a quarterly contribution to the pension fund in accordance with paragraph (a) of this sub-rule, but makes default in paying a quarterly contribution to the pension fund on any quarter day during the prescribed period, his pensionable salary shall be his hypothetical standard salary at the time of such default.

(e) if such person (being a male) does not pay a quarterly instalment into the pension fund in accordance with paragraph (a) of this sub-rule, his pensionable salary shall be, in case he was appointed to a certified pensionable post in the Civil Service before the 1st day of August, 1924, the sum of two hundred pounds, together with the sum of six pounds for every year of approved teaching service prior to his appointment to such certified pensionable post, and, in any other case, the sum formed by adding together the sum of two hundred pounds and the amount of his incremental salary at the date of his appointment to such post.

(f) if such person being a female does not pay a quarterly instalment into the pension fund in accordance with paragraph (a) of this sub-rule, her pensionable salary shall be, in case she was appointed to a certified pensionable post in the Civil Service before the 1st day of August, 1924, the sum of one hundred and eighty pounds, together with five pounds for every year of approved teaching service prior to her appointment to such certified pensionable post, and in any other case the sum formed by adding together the sum of one hundred and eighty pounds and the amount of her incremental salary at the date of her appointment to such post.

(4) A quarterly contribution which a person to whom this rule applies desires to pay into the pension fund shall be paid in the manner following and in no other manner, that is to say, such person shall give to the accounting officer of the Department of State of which he is an officer an authorisation in writing to deduct the amount of such quarterly contribution from his salary as a Civil Servant and pay such amount into the pension fund.

(5) The 31st day of January, the 30th day of April, the 31st day of July, and the 31st day of October in every year, and no other days, shall be quarter days for the purposes of this rule, save that if any of the said days is a Sunday or a bank holiday the next following day which is neither a Sunday nor a bank holiday shall be a quarter day in lieu of such first mentioned day.

(6) This rule applies to an existing Civil Servant to whom this Scheme applies, and also to an existing recognised teacher and a future teacher to whom this Scheme applies appointed to a certified pensionable post in the Civil Service.

Rule 3—(1) For the purposes of this rule, but no further or otherwise, a teacher to whom this rule applies who complies with the conditions to be observed on his part to qualify him for the payment of incremental salary, but, by reason of the provisions of the Incremental Salary Rules placing a limit on the number of recognised teachers in any one Secondary School who may be paid such salary, does not in fact receive such salary shall be deemed to have been in receipt of such incremental salary.

(2) The standard salary of a teacher to whom this rule applies shall be the sum formed by adding together the basic salary and the incremental salary payable or deemed to be paid to such teacher.

(3) The pensionable salary of a teacher to whom this rule applies shall be as follows—

(a) if he retires on or before the 31st day of July, 1935, his pensionable salary shall be the standard salary payable to him at the time of his retirement, and

(b) in any other case his pensionable salary shall be the average of his standard salary for the three school years preceding the date of his retirement.

(4) This rule applies to every teacher who is either a retired recognised teacher, an existing recognised teacher or a future teacher to whom this Scheme applies.