S.I. No. 330/1947 - National School Teachers' Superannuation (Amendment) Scheme, 1947.

STATUTORY RULES AND ORDERS. 1947. No. 330.

NATIONAL SCHOOL TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1947.

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 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 :

AND WHEREAS it is enacted by section 6 of the said Act that a superannuation scheme may be revoked or amended by a subsequent superannuation scheme made and confirmed in the same manner as the original scheme :

AND WHEREAS the National School Teachers' Superannuation Scheme, 1934 (S. R. & O., No. 23 of 1934), was duly made under the said Act and confirmed by resolutions of Dáil Eireann and Seanad Eireann :

AND WHEREAS the said Scheme was amended by the National School Teachers' Superannuation (Amendment) (No. 2) Scheme, 1940 (S. R. & O., No. 272 of 1940), the National School Teachers' Superannuation (Amendment) Scheme, 1942 (S. R. & O., No. 400 of 1942), and the National School Teachers' Superannuation (Amendment) Scheme, 1943 (S. R. & O., No. 134 of 1943), each of which was duly made under the said Act and confirmed by resolutions of Dáil Eireann and Seanad Eireann ;

AND WHEREAS it is expedient that the said Scheme, as so amended, be further amended in the manner hereinafter appearing :

NOW, I, TOMÁS Ó DEIRG, 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 and collective citation.

1. This Scheme may be cited as the National School Teachers' Superannuation (Amendment) Scheme, 1947, and this Scheme and the National School Teachers' Superannuation Schemes, 1934 to 1943, may be cited together as the National School Teachers' Superannuation Schemes, 1934 to 1947.

2 Commencement of Scheme.

2. This Scheme shall come into force immediately after the confirmation thereof by resolution of each House of the Oireachtas.

3 Interpretation.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.

4 Definitions.

4.—(1) In this Scheme—

the expression " the Principal Scheme " means the National School Teachers' Superannuation Scheme, 1934 (S. R. & O., No. 23 of 1934),

the expression " the strike " means the teachers' strike which took place during the period beginning on the 20th day of March, 1946, and ending on the 30th day of October, 1946.

(2) Save where it is otherwise provided in this Scheme, every word and expression to which a particular meaning is assigned by the Principal Scheme for the purposes of that Scheme has in this Scheme the meaning so assigned to it.

5 Recognition of service in Defence Forces as pensionable service.

5.—(1) Subject to sub-paragraph (6), this paragraph applies to a person who—

(a) at any time during the period beginning on the 2nd day of September, 1939, and ending on the 11th day of May, 1945, either—

(i) enlisted in the Defence Forces, or

(ii) being an Officer of the Reserve or a man of the Reserve, was called out on permanent service, and

(b) at the time of such enlistment or calling out, either—

(i) had pensionable service for the purposes of the Principal Scheme, or

(ii) was qualified for recognition as a teacher in a national school.

(2) Every term of emergency military service of a person to whom this paragraph applies shall be pensionable service for the purposes of the Principal Scheme.

(3) If the Minister is satisfied that a person to whom this paragraph applies was, during any period commencing immediately after the termination of his term of emergency military service or, if he had more than one such term, the last such term, unable to secure employment as a teacher in a national school, the period in respect of which the Minister is so satisfied, or the period of three months, whichever is the lesser, shall be pensionable service for the purposes of the Principal Scheme.

(4) In the case of a teacher who acted as substitute for a person to whom this paragraph applies during a term of emergency military service, the period during which the teacher so acted shall be pensionable service for the purposes of the Principal Scheme.

(5) A person shall not be entitled to reckon the same period of time for the purpose of this paragraph and also for the purpose of a gratuity under the Defence Forces (Pensions) Scheme, 1937 (No. 249 of 1937), as amended.

(6) This paragraph does not apply to—

(a) a soldier or non-commissioned officer who is—

(i) discharged with ignominy from the Defence Forces or discharged from the Defence Forces by sentence of courtmartial, or

(ii) discharged from the Defence Forces for any of the following reasons, namely, wilfully making a false statement on attestation, misconduct, conviction by the civil power,

or

(iii) a person who stands dismissed from the Defence Forces under the Emergency Powers (No. 362) Order, 1945 (S. R. & O., No. 198 of 1945), or under section 13 of the Defence Forces (Temporary Provisions) Act, 1946 (No. 7 of 1946) ;

(b) a commissioned officer who is—

(i) dismissed with ignominy from the Defence Forces or dismissed from the Defence Forces by sentence of courtmartial, or

(ii) dismissed under section 7 of the Defence Forces Act, 1937 (No. 41 of 1937) ;

(c) a person who was granted a permanent commision, unless he was subsequently granted a commission in the Reserve.

(7) In this paragraph—

the expression " the Defence Forces Act " means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923) ;

the expression " the Defence Forces " means the forces established under Part I and Part III of the Defence Forces Act ;

the expression " the Reserve " means the Reserve established under Part III of the Defence Forces Act ;

the expression " called out on permanent service " means called out on permanent service in pursuance of section 221 of the Defence Forces Act ;

the expression " term of emergency military service " means a term of membership of the Defence Forces (whether as an officer or as a soldier) which falls within the period beginning on the 2nd day of September, 1939, and ending on the 31st day of October, 1946, but excluding any term in respect of which the person was not entitled to Army pay ;

the expression " permanent commission " means a commission in the Defence Forces other than a temporary commission or a commission in the Reserve.

6 Payment to personal representatsves in case of death during strike.

6. Where—

(a) a teacher, who was in the service on the 19th day of March, 1946, went on strike and died during the strike, and

(b) if he had died on the 19th day of March, 1946, a payment to his legal personal representatives could have been made under paragraph 19 of the Principal Scheme,

then, a payment may be made under that paragraph as if he had died on the said 19th day of March, and, for the purposes of the said paragraph 19, his average annual salary shall be the average annual salary for the three years ending on the 31st day of March, 1946.

7 Payment of marriage gratuity in case of marriage during strike.

7. Where a woman teacher—

(a) was in the service on the 19th day of March, 1946, and

(b) went on strike and married during the strike, and

(c) would, if she had married on the said 19th day of March, 1946, have qualified for a marriage gratuity under paragraph 18 of the Principal Scheme or under paragraph 6 of the National School Teachers' Superannuation (Amendment) Scheme, 1943 (S. R. & O., No. 134 of 1943)

then, the marriage gratuity may be paid to her as if she had married on the said 19th day of March and, for the purposes of the said paragraph 18 and the said paragraph 6, her average annual salary shall be the average annual salary for the three years ending on the 31st day of March, 1946.

8 Cessation of scheme of 1942 and amendment of paragraph 4 of Principal Scheme.

8. The National School Teachers' Superannuation (Amendment) Scheme, 1942 (S. R. & O., No. 400 of 1942), shall not apply to service as a teacher on or after the 1st day of April, 1946, and paragraph 4 of the Principal Scheme shall, so far as it relates to any period beginning on or after that date, be construed as if the first-mentioned Scheme had not been made.

9 Pensionable service of members of community paid by salary.

9. Where—

(a) before the 1st day of April, 1947, the persons conducting a Convent or Monastery National School which is also a Reformatory or Industrial School (being a certified school within the meaning of Part IV of the Children Act, 1908) elect not to be remunerated by capitation grants, and

(b) members of the community teaching in the school are thereupon paid salary,

then, the following provisions shall have effect with respect to the pensionable service of each such teacher who was actually serving as such on the 1st day of April, 1946, that is to say:—

(i) two-thirds of every period ending before the 1st day of April, 1941, during which he taught full-time as a member of the community in any such school, and

(ii) every period commencing on or after the 1st day of April, 1941, and ending before the 1st day of April, 1946, during which the teacher actually served in any such school, as a recognised member of the teaching staff appropriate to the average attendance,

shall be pensionable service.

10 Meaning of " salary " where teacher also sub-postmaster during emergency.

10. Where, before the 1st day of April, 1946, during any period of the national emergency declared on the 2nd day of September, 1939, by resolution of each House of the Oireachtas to exist, a teacher was also a sub-postmaster, his salary during that period shall, for the purposes of the Principal Scheme, be deemed to be of such amount as it would have been if he were not a sub-postmaster.

11 Calculation of average annual salary.

11.—(1) Notwithstanding anything contained in any of paragraphs 10, 17, (except sub-paragraph (2) (b)), 18 and 19 of the Principal Scheme, the average annual salary of a teacher for the purposes of any such paragraph shall be the average annual salary for the three years ending—

(i) on the date of retirement, marriage or death (as the case may be), if that event occurs on any 31st day of March, 30th day of June, 30th day of September, or 31st day of December, or

(ii) if the event occurs at any other time, on whichever of those dates next precedes the event.

(2) This paragraph applies in the case of retirement, marriage or death on or after the 31st day of December, 1946.

12 Amount of pension on re-retirement.

12. Notwithstanding anything contained in paragraph 10 of the Principal Scheme, a pension payable to a teacher who, having retired with a pension, re-enters the service shall not be less than the pension payable to him on such retirement.

13 Suspension of pension on resumption of service.

13. Where—

(a) a person, having retired with a pension, re-enters the service and serves for a period not exceeding three months, and

(b) upon his retirement at the end of that period a pension is payable to him of the same amount as his original pension the Minister may direct, notwithstanding anything contained in paragraph 15 of the Principal Scheme, that the original pension shall be treated as having been suspended for the said period and not as having ceased.

14 Times for payment of pensions.

14. Notwithstanding anything contained in paragraph 21 of the Principal Scheme, payments on account of pensions may be made at such times as the Minister, with the concurrence of the Minister for Finance, may decide.

15 Grant of pension to certain persons.

15.—(1) This paragraph applies to a person who—

(a) was a lay literary (pre-1941) teacher,

(b) is a teacher on the date on which this Scheme comes into force, and

(c) was, on the date of becoming a teacher for the purposes of the Principal Scheme, over the age of sixty-five, in the case of a man, or over the age of sixty, in the case of a woman.

(2) Notwithstanding anything in the National School Teachers Superannuation Schemes, 1934 to 1943, a pension may be granted to a person to whom this paragraph applies.

(3) A person to whom this paragraph applies shall retire not later than three months after the date on which this Scheme comes into force.

GIVEN under my Official Seal, this 1st day of October 1947.

T. Ó DEIRG,

Minister for Education.

I hereby consent to the foregoing Scheme.

PROINSIAS MAC AOGÁIN,

Minister for Finance.