Superannuation Act, 1936

Reckoning of average salary or emoluments in certain cases.

27.—Whenever the salary or emoluments of a person in an established position in the civil service of Saorstát Eireann in respect of whom a certificate or a direction has been given by the Minister under this Act would (but for this section) be required by section 12 or section 28 of the Superannuation Act, 1834, or by the joint operation of both those sections to be computed by reference to the average salary or emoluments or salary and emoluments of such person over the period prescribed in that behalf by such section or sections and such period would include any time during which such person was not actually serving in an established position in the civil service of Saorstát Eireann, the following provisions shall have effect, that is to say:—

(a) if at the end of the period over which such average would so be required to be calculated, such person is serving in the established position in the civil service of Saorstát Eireann to which he was first appointed within the said period, neither the said section 12 nor the said section 28 nor those sections jointly (as the case may be) shall apply and the salary or emoluments of such person shall not be averaged thereunder for the purposes of the Superannuation Acts;

(b) if at the end of the said period, such person is serving in an established position other than the established position to which he was first appointed as aforesaid, the said average shall be calculated over the period during which such person was actually serving in an established position in the civil service of Saorstát Eireann, in lieu of the period prescribed by the said section 12 or the said section 28 or the said sections jointly (as the case may be).