S.I. No. 358/1947 - Secondary Teachers' Superannuation (Amendment) Scheme, 1947.

STATUTORY RULES AND ORDERS. 1947. No. 358.

SECONDARY 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 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 Secondary Teachers' Superannuation Scheme, 1929 (S. R. & O., No. 19 of 1929), was duly made under the said Act, and was confirmed by resolution of Dáil Éireann passed on the 20th day of June, 1929, and by resolution of Seanad Éireann passed on the 20th day of June, 1929 :

AND WHEREAS the said Secondary Teachers' Superannuation Scheme, 1929, was duly amended under the said Act by the Secondary Teachers' Superannuation (Amendment) Scheme, 1932 (S. R. & O., No. 54 of 1932), the Secondary Teachers' Superannuation (Amendment) Scheme, 1933 (S. R. & O., No. 107 of 1933), the Secondary Teachers Superannuation (Amendment) Scheme, 1935 (S. R. & O., No. 48 of 1935), and the Secondary Teachers' Superannuation (Amendment) Scheme, 1942 (S. R. & O., No. 141 of 1942) :

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. This Scheme may be cited as the Secondary Teachers' Superannuation (Amendment) Scheme, 1947, and the Secondary Teachers' Superannuation Schemes, 1929 to 1942, and this Scheme may be cited together as the Secondary Teachers' Superannuation Schemes, 1929 to 1947.

2. This Scheme shall come into force immediately upon its being confirmed by each House of the Oireachtas.

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

4. (1) In this Scheme the expression " the Principal Scheme " means the Secondary Teachers' Superannuation Scheme, 1929 (S. R. & O., No. 19 of 1929), as amended by the Secondary Teachers' Superannuation (Amendment) Scheme, 1932 (S. R. & O., No. 54 of 1932), the Secondary Teachers' Superannuation (Amendment) Scheme, 1933 (S. R. & O., No. 107 of 1933), the Secondary Teachers' Superannuation (Amendment) Scheme, 1935 (S. R. & O., No. 48 of 1935), and the Secondary Teachers' Superannuation (Amendment) Scheme, 1942 (S. R. & O., No. 141 of 1942).

(2) Every word and expression used in this Scheme to which a particular meaning is given by the Principal Scheme for the purposes of that Scheme has in this Scheme the meaning so given to it.

5. Where, at any time after the 1st day of January, 1943, and whether before or after the coming into force of this Scheme—

(a) a teacher to whom rule 3 of the Schedule to the Principal Scheme applies retires or has retired, and

(b) by reason of the limitation imposed under the Incremental Salary Rules on the payment of Emergency Bonus, such teacher received, in the period of three years which is taken into account in reckoning his pensionable salary, either no Emergency Bonus or less by way of Emergency Bonus than he would have received but for the said limitation, and

(c) such teacher pays to the pension fund, on his retirement or within such time thereafter as the Minister with the sanction of the Minister for Finance, in a particular case decides, a contribution equal to four per cent. of—

(i) in case he received no Emergency Bonus for the said period, the amount of the Emergency Bonus which he would have received for the said period but for the said limitation, and

(ii) in any other case, the difference between the amount of the Emergency Bonus which he actually received for the said period and the amount of the Emergency Bonus which he would have received for the said period but for the said limitation,

then, for the purpose of paragraph (b) of subrule 3 of rule 3 of the Schedule to the Principal Scheme, (as amended by this Scheme) the pensionable salary of such teacher shall be computed as if his total standard salary for the said period were increased by the amount on which he has paid such contribution.

6. (1) Paragraph (b) of subrule 3 of rule 3 of the Schedule to the Principal Scheme is hereby amended by the substitution for all words after the words " shall be " in that paragraph of the following—

" (i) where he retires on the last day of a quarter, the average of his standard salary for the three years ending on the date of his retirement, and

(ii) where he retires on any other day, the average of his standard salary for the three years ending on the last day of the quarter immediately preceding the date of his retirement."

(2) Subparagraph (1) of this paragraph shall be deemed to have come into operation on, and shall have effect as on and from the 1st day of September, 1946.

7. Paragraph 7 of the Principal Scheme is hereby amended by the insertion after subparagraph (2) of the following—

" (2A) If, following application, a future teacher to whom this Scheme applies or a future Preparatory College teacher to whom this scheme applies has been admitted to membership from a date less than fifteen months before the date of application, his admission may, on further application, be ante-dated to a date not more than fifteen months before the date of his original application, provided he was otherwise eligible for admission from such earlier date."

8. For the purposes of paragraph 7 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1935 (S. R. & O., No. 48 of 1935), the Minister may, at his absolute discretion and subject to such conditions as appear to him to be equitable, treat a person who has given at least ten years pensionable service and who dies within twelve months of his retirement as if he had died while in service.

GIVEN under my Official Seal, this 13th day of September, 1947.

T. Ó DEIRG,

Minister for Education.

I consent to the foregoing Scheme.

PROINSIAS MAC AOGÁIN,

Minister for Finance.