Social Welfare Act, 1950

Transfer of officers and employees of the Society.

7.—(1) Subject to subsection (6) of this section, where a person was, immediately before the transfer day, an officer or employee of the Society, such person is hereby, notwithstanding anything contained in any other enactment, appointed to a situation in the civil service of the Government, and for the purposes of the Superannuation Acts, 1834 to 1947, he shall be deemed to have been paid out of moneys provided by the Oireachtas throughout his service under the Society and his previous service (if any) under any approved society.

(2) Where a person who is appointed to a situation in the civil service of the Government by virtue of subsection (1) of this section was, immediately before the transfer day, a member of the pension fund, such situation shall be a permanent situation and such of his service under the Society and of his previous service (if any) under any approved society as, but for this Part of this Act, would be reckonable as pensionable service for the purposes of the pension scheme shall be treated as established service for the purposes of the Superannuation Acts, 1834 to 1947.

(3) Where a person who is appointed by virtue of subsection (1) of this section to a situation in the civil service of the Government was, immediately before the transfer day, serving a period of probation on the satisfactory completion of which he would have become a member of the pension fund—

(a) his service on and after the transfer day shall be reckonable towards completion of the period of probation, and

(b) on completion of the period of probation and if then deemed satisfactory by the Minister—

(i) he shall hereby, notwithstanding anything contained in any other enactment, be appointed to a permanent situation in the civil service of the Government, and

(ii) any service rendered during the period of probation, which, but for this Part of this Act, would have been treated as pensionable service for the purposes of the pension scheme, shall be treated as established service for the purposes of the Superannuation Acts, 1834 to 1947.

(4) In any application of the Superannuation Acts, 1834 to 1947, to a female person to whom subsection (2) or subsection (3) of this section applies, any provisions of those Acts applicable to her on account of her being a female person shall not apply to her and, in lieu thereof, the corresponding provisions of those Acts applicable to male persons shall apply to her.

(5) Where a person who is appointed by virtue of subsection (1) of this section to a situation in the Civil Service of the Government was, immediately before the transfer day, in receipt of a pension under the Military Service Pensions Acts, 1924 to 1949, the amount of any suspension (whether total or partial) to which the pension becomes liable from time to time as a result of the said appointment shall be recouped to such person by the Minister out of moneys provided by the Oireachtas.

(6) The foregoing provisions of this section shall not apply to—

(a) a person who has intimated to the Minister in writing that he elects that this section shall not apply to him, or

(b) a person whose office or employment is professional or technical.