S.I. No. 255/1953 - National School Teachers' Superannuation (Amendment) Scheme, 1953.

S.I. No. 255 of 1953.

NATIONAL SCHOOL TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1953.

I, SEÁN MOYLAN, 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, 1953, and this scheme and the National School Teachers' Superannuation Schemes, 1934 to 1950, may be cited together as the National School Teachers' Superannuation Schemes, 1934 to 1953.

2 Commencement

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

3 Interpretation

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

4 Construction

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 Scheme of 1950 " means the National School Teachers' Superannuation (Amendment) Scheme, 1950 ( S.I. No. 180 of 1950 ) ;

the expression " the Schemes " means the National School Teachers' Superannuation Schemes, 1934 to 1953.

(2) The Schemes shall be construed as one.

5 Substitution of retiring salary for average annual salary

5.—(1) Where a pension or other award under the Schemes, which is calculated by reference to average annual salary, is payable to or in respect of a teacher who retired or retires after the 30th day of December, 1951, the award shall, subject to subparagraph (3), be calculated by reference to his retiring salary.

(2) In this paragraph—

the expression " scale salary " means payment according to the salary scales sanctioned from time to time for teachers in National Schools, exclusive of allowances, bonuses, fees, gratuities and any other payments which the Minister decides not to be scale salary ;

the expression " retiring salary " means in relation to a teacher the sum of—

(a) the annual rate of his scale salary on the last day of his pensionable service, and

(b) the average annual amount of his salary other than scale salary for the three years ending—

(i) if the last day of his pensionable service is any 31st day of March, 30th day of June, 30th day of September or 31st day of December, on that day ;

(ii) in any other case, on whichever of those dates next precedes the last day of his pensionable service.

(3) This paragraph shall not apply in the case of—

(a) a person whose pensionable service ends before he has attained the age of sixty-five, unless it ends on death or he is qualified to receive a pension under sub-paragraph (b) (ii) of paragraph 11 of the Principal Scheme, or a disablement or a marriage gratuity, or, where there is entitlement to a disablement pension, payment is authorised under paragraph 7 of the National School Teachers' Superannuation (Amendment) (No. 2) Scheme, 1940 ;

(b) a person whose status changed from that of an untrained teacher to that of a trained teacher, or who became a teacher for the first time, in the period by reference to which his average annual salary falls to be calculated under the Principal Scheme as amended ;

(c) a person whose pensionable service is less than three years, or who having been awarded a pension or gratuity in respect of service which ended before the 31st day of December, 1951, re-enters the service after that date but does not complete a further three years' pensionable service and is under the age of sixty-five when he again retires,

if his average annual salary is less than his retiring salary.

(4) References in paragraph 8 of the National School Teachers' Superannuation (Amendment) Scheme, 1948 ( S.I. No. 423 of 1948 ), to average annual salary shall be construed as including references to retiring salary under this paragraph.

(5) A pension or other award made before the confirmation of this Scheme shall be revised in accordance with the provisions of this paragraph, and payment shall be made accordingly notwithstanding that the teacher to or in respect of whom the award is payable died before such confirmation.

6 Amendment of paragraph 14 of Principal Scheme.

6. In paragraph 14 of the Principal Scheme references to pension shall be construed as including references to a lump sum.

7 Interruption of service.

7.—(1) If the pensionable service of a person who first enters the service after the commencement of this Scheme is interrupted for a continuous period of more than ten years, his service before the interruption shall not be counted for the purpose of an award under the Schemes, and subparagraph (5) of paragraph 7 of the Principal Scheme shall cease to apply to him.

(2) This paragraph shall not apply to a person who retires with a pension or to a woman teacher who retires on marriage and re-enters the service as a widow.

8 Re-entry after retirement.

8. Where a person has retired or retires with a pension or a gratuity and re-enters the service after the commencement of this scheme, no award to or in respect of that person under the Schemes shall be calculated by reference to a higher pensionable salary than that applicable at his former retirement on pension unless he has completed not less than three years' pensionable service after such re-entry.

9 Contribution to other superannuation schemes out of the fund.

9.—(1) If, in accordance with an approved provision, a superannuation or other retiring award, payable otherwise than under the Schemes, is made in respect of a period which includes service which is pensionable service for the purposes of the Schemes, a contribution (in this paragraph referred to as the contribution) to the payments made under such award may be paid out of the fund established for the purposes of the Schemes.

(2) The amount of the contribution shall be determined by the Minister for Finance, who for this purpose shall take into account only such service as is pensionable service for the purposes of the Schemes and amounts to not less than three years in all.

(3) The contribution shall be payable in one or more sums to the authority by whom the award is payable, and where the contribution is so paid to a Minister of State it shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(4) Paragraph 16 of the Principal Scheme, which authorises the payment to a retired teacher of a short service gratuity, shall not apply to a retired teacher eligible to benefit under an approved provision, under which service which is pensionable service for the purposes of the Schemes may be reckoned for a superannuation or other retiring award, unless the Minister is satisfied that eligibility to benefit as aforesaid has been terminated.

(5) In this paragraph the expression " approved provision " means a provision made in an Act of the Oireachtas other than the Superannuation Acts, 1834 to 1947, or a provision the terms and conditions of which have been approved by the Minister for Finance.

10 Amendment of paragraph 5 of Scheme of 1950.

10. Paragraph 5 of the Scheme of 1950 is hereby amended by the insertion of the words " (except paragraphs 10 and 11) " immediately after the words " Provided that the scheme."

11 Ex-gratia grant

11.—(1) Subject to subparagraph (4), a special lump sum (in this Scheme called an ex-gratia grant) may be paid to or in respect of any person to whom a pension granted under the Act of 1879 or the Schemes was in course of payment on the 1st day of January, 1950.

(2) The amount of the ex-gratia grant shall be calculated as follows :—

(a) for every completed year of pensionable service between the 1st day of January, 1935, and the 31st day of December, 1949—one-thirtieth of the pensionable salary ;

(b) for every completed year of pensionable service between the 1st day of January, 1905, and the 31st day of December, 1949, diminished by the number of completed years reckoned under clause (a)—one-hundredth of the pensionable salary ;

(c) (i) where the pension was granted under the pre-1914 Rules to a person who retired between the 30th day of September, 1914, and the 1st day of April, 1934, pensionable service shall be reckoned in accordance with subparagraph (1) (a) of paragraph 7 of the Principal Scheme, and the pensionable salary shall be reckoned in accordance with subparagraph (3) of paragraph 10 of the Principal Scheme ;

(ii) in every other case, pensionable service and pensionable salary shall be reckoned in accordance with the provisions governing the pension payable on the 1st day of January, 1950 ;

(d) increases under the Pensions (Increase) Act, 1920, and the Pensions (Increase) Act, 1950 , shall not be taken into account ;

(e) the total number of years of service to be included in the calculation shall not exceed forty-five.

(3) A pension which was suspended on the 1st day of January, 1950, shall be deemed for the purpose of this paragraph to have been in course of payment on that date.

(4) Where a person to whom a pension was in course of payment on the 1st day of January, 1950, became after that date or becomes employed as a teacher in a National School, no payment of an ex-gratia grant shall be made to or in respect of him after the commencement of such employment unless he again retires with a pension under the Schemes, and is not entitled on such retirement to a lump sum under the Scheme of 1950 ; and in that event the amount of the ex-gratia grant to be paid shall be an amount calculated in accordance with subparagraph (2) with the addition to the service referred to in clauses (a) and (b) of that subparagraph of his pensionable service after the 31st day of December, 1949, but diminished by any amount previously paid.

(5) (a) Subparagraphs (2) and (3) of paragraph 6 and sub-paragraphs (2) and (3) of paragraph 8 of the Scheme of 1950 shall apply to an ex-gratia grant as if it were a lump sum under that Scheme.

(b) An ex-gratia grant shall be reduced by the amount of a payment made under subparagraph (3) of paragraph 19 of the Principal Scheme.

(6) (a) An ex-gratia grant shall be paid in such manner as the Minister with the consent of the Minister for Finance may direct.

(b) In the event of the death (whether before or after the confirmation of this scheme) of a person eligible for an ex-gratia grant payment of the unpaid amount, if any, may be made to his legal personal representative.

GIVEN under my Official Seal, this 14th day of July, 1953.

SEÁN Ó MAOLÁIN,

Minister for Education.

I hereby consent to the foregoing Scheme.

PROINSIAS MAC AOGÁIN

Acting Minister for Finance.