S.I. No. 247/1958 - National School Teachers' Superannuation (Amendment) Scheme, 1958.

S.I. No. 247 of 1958.

NATIONAL SCHOOL TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1958.

I, SEÁN Ó LOINSIGH, Minister for Education, with the consent of the Minister for Finance, in exercise of the powers conferred on me by section 6 of the Teachers' Superannuation Act, 1928 (No. 32 of 1928), hereby make the following Scheme :

1 Short title and collective citation.

1. This Scheme may be cited as the National School Teachers' Superannuation (Amendment) Scheme, 1958, and this Scheme and the National School Teachers' Superannuation Schemes, 1934 to 1954, may be cited together as the National School Teachers' Superannuation Schemes, 1934 to 1958.

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 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 Scheme of 1943 " means the National School Teachers' Superannuation (Amendment) Scheme, 1943 ( S. R. & O. No. 134 of 1943 ) ;

the expression " the Scheme of 1947 " means the National School Teachers' Superannuation (Amendment) Scheme, 1947 ( S. R. & O. No. 330 of 1947 ) ;

the expression " the Scheme of 1948 " means the National School Teachers' Superannuation (Amendment) Scheme, 1948 ( S.I. No. 423 of 1948 ) ;

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

the expression " the Scheme of 1953 " means the National School Teachers' Superannuation (Amendment) Scheme, 1953 ( S.I. No. 255 of 1953 ) ;

(2) The National School Teachers' Superannuation Schemes, 1934 to 1958, shall be construed as one.

5 Amendment of paragraph 18 of Principal Scheme.

5.—(1) Paragraph 18 of the Principal Scheme is hereby amended—

(a) by the substitution in subparagraph (1) of " is a teacher to whom this subparagraph applies and, because of her marriage (being a marriage taking place on or after the 1st day of July, 1958), she retires not later than the date of her " for " (other than a woman teacher to whom a pension may be granted) whose pensionable service is not less than seven years, is required under regulations made by the Minister, with the approval of the Minister for Finance, to retire from service as a teacher on ", and

(b) by the insertion after subparagraph (2) of the following subparagraph :

" (3) In subparagraph (1) of this paragraph ' teacher to whom this subparagraph applies ' means a woman teacher (other than a woman teacher to whom a pension may be granted)—

(a) who has pensionable service which is not less than seven years and which began on or after the 1st day of October, 1934, and before the 1st day of July, 1958, and

(b) who, during her pensionable service before the 1st day of July, 1958, stood required, under regulations made by the Minister with the approval of the Minister for Finance, to retire from service as a teacher on marriage."

(2) The references to paragraph 18 of the Principal Scheme contained in paragraph 6 of the Scheme of 1943, paragraph 11 of the Scheme of 1947, paragraph 10 of the Scheme of 1948, and paragraph 9 of the Scheme of 1950 shall be construed as references to that paragraph as amended by subparagraph (1) of this qaragraph.

(3) The references to a gratuity under paragraph 18 of the Principal Scheme contained in subparagraph (1) and subparagraph (3) of paragraph 5 of the Scheme of 1953 shall be construed as references to a gratuity under that paragraph as amended by subparagraph (1) of this paragraph.

(4) The reference to a gratuity under paragraph 18 of the Principal Scheme contained in subparagraph (5) of paragraph 7 of that Scheme shall be construed as not including a reference to a gratuity under that paragraph as amended by subparagraph (1) of this paragraph.

(5) The amendments effected by subparagraphs (1), (2), (3) and (4) of this paragraph apply to women teachers whose marriages took place after the 30th day of June, 1958, and before the commencement of this Scheme as well as to women teachers whose marriages take place after the commencement of this Scheme.

(6) Where a marriage gratuity is paid under paragraph 18 of the Principal Scheme as amended by subparagraph (1) of this paragraph (including a case in which the gratuity is paid by virtue of paragraph 6 of the Scheme of 1943 or paragraph 9 of the Scheme of 1950) and the teacher subsequently re-enters the service, no period before the marriage shall be part of the teacher's pensionable service unless, within a period commencing at re-entry and not exceeding one-half of the number of years for which the gratuity was computed or four years (whichever is the longer), the teacher either—

(a) makes to the Minister a single payment of an amount which is equal to the aggregate of—

(i) the amount of the gratuity, and

(ii) an amount equal to compound interest at the rate of five per cent. per annum on the amount of the gratuity for a period equal to the period which began on the day of the payment of the gratuity and ends on the day on which the single payment to the Minister is made, or

(b) makes to the Minister two or more payments the aggregate of which is equal to the aggregate of—

(i) the amount of the gratuity, and

(ii) an amount equal to compound interest at the rate of five per cent. per annum on the amount of the gratuity for a period equal to the period which began on the day of the payment of the gratuity and ends on the day on which the last of the two or more payments to the Minister is made.

subject to the proviso that, any such payment to the Minister having been made, no further interest referable to it shall be payable.

(7) Where a woman teacher, being a teacher who was required under regulations made by the Minister, with the consent of the Minister for Finance, to retire from service as a teacher on marriage, was married before the 1st day of July, 1958, no part (other than a part during which she was a widow) of the period beginning on the day after her marriage and ending on the 30th day of June, 1958, shall be part of her pensionable service.

6 Amendment paragraph 7 of Scheme of 1948.

6.—(1) Paragraph 7 of the Scheme of 1948 is hereby amended—

(a) by the substitution in subparagraph (1) of " school year " for " quarter ", and

(b) by the substitution for subparagraph (2) of the following subparagraph :

" (2) In this paragraph the expression ' school year ' means a period of twelve months ending on a 30th day of June."

(2) The amendment effected by this paragraph applies to persons who reached the age of sixty-five years on or after the 1st day of October, 1956, and before the commencement of this Scheme as well as to persons who reach that age after the commencement of this Scheme.

7 Amendment of paragraph 11 of Scheme of 1950.

7.—(1) Paragraph 11 of the Scheme of 1950 is hereby amended—

(a) by the substitution in subparagraph (1) of " school year " for " quarter ",

(b) by the substitution in subparagraph (2) of " school year " for " quarter ", and

(c) by the substitution for subparagraph (3) of the following subparagraph :

" (3) In this paragraph the expression ' school year ' means a period of twelve months ending on a 30th day of June."

(2) The amendment effected by clauses (a) and (c) of subparagraph (1) of this paragraph applies to persons who were permitted to continue to serve after the 30th day of June, 1957, as well as to persons who are permitted to serve after a 30th day of June occurring after the commencement of this Scheme.

(3) The amendment effected by clauses (b) and (c) of subparagraph (1) of this paragraph applies to persons who re-entered the service on or after the 1st day of October, 1956, and before the commencement of this Scheme as well as to persons who re-enter the service after the commencement of this Scheme.

GIVEN under my Official Seal, this 5th day of December, 1958.

SEÁN Ó LOINSIGH,

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 5th day of December, 1958.

SÉAMUS O RIAIN,

EXPLANATORY NOTE.

This Scheme provides :

(a) for the granting of marriage gratuities to women teachers who would have been required to retire on marriage before 1st July, 1958, and who actually retire on marriage after that date ;

(b) for the granting of pensionable credit for service given up to the end of the school year (instead of the quarter) in which a teacher reaches the age of 65.