S.I. No. 156/1964 - National School Teachers' Superannuation (Amendment) Scheme, 1964.

S.I. No. 156 of 1964.

NATIONAL SCHOOL TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1964.

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

1. This Scheme may be cited as the National School Teachers' Superannuation (Amendment) Scheme, 1964, and this Scheme and the National School Teachers' Superannuation Schemes, 1934 to 1958, may be cited together as the National School Teachers' Superannuation Schemes, 1934 to 1964.

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

3.—(1) In this Scheme—

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

"the Scheme of 1942" means the National School Teachers' Superannuation (Amendment) Scheme, 1942 ( S. R. & O. No. 400 of 1942 );

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

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

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

"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, and this scheme shall be construed as one.

4.—(1) Subject to subparagraph (3) of this paragraph, a special lump sum (in this Scheme referred to as an ex-gratia grant) may be paid to—

(a) a person to whom a pension under the Act of 1879 (within the meaning of the Principal Scheme) or the Principal Scheme was in course of payment on the 1st day of January, 1950, or

(b) the widow of a person referred to in clause (a) of this subparagraph.

(2) The amount of an ex-gratia grant payable under this paragraph shall be the difference between—

(a) the amount of the special lump sum paid under paragraph 11 of the Scheme of 1953, and

(b) the amount that would have been payable under the said paragraph 11 if the reference in clause (b) of subparagraph (2) thereof to "one-hundredth" had been a reference to "one-thirtieth".

(3) An ex-gratia grant shall not be paid to—

(a) a person (other than a widow to or in respect of whose husband such a grant was payable) to whom a special lump sum was not paid under the said paragraph 11,

(b) the legal personal representative of a person who dies before receiving payment of an ex-gratia grant unless the legal personal representative is the widow of that person, or

(c) a person who was employed as a teacher in a National school on the 12th day of April, 1960.

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

(5) Subparagraphs (2) and (3) of paragraph 6 and subparagraphs (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.

(6) Where, in any case after payment of a special lump sum under paragraph 11 of the Scheme of 1953, a payment is made under sub-paragraph (3) of paragraph 19 of the Principal Scheme, an ex-gratia grant shall be reduced by the amount of the payment under the said subparagraph (3).

(7) This paragraph shall be deemed to have come into operation on the 12th day of April, 1960.

5.—(1) Where a pension under the Principal Scheme was in course of payment to a person on the 1st day of April, 1961, and the pensionable service with reference to which the pension was calculated was less than forty years and the said pensionable service or part of it represented, in accordance with any one or more of the following provisions, namely clauses (d), (e), (f) and (g) of subparagraph (1) of paragraph 7 of the Principal Scheme, paragraph 8 of the Scheme of 1942, paragraph 9 of the Scheme of 1947 and subparagraph (3) of paragraph 5 of the Scheme of 1948, two-thirds only of every period in relation to which the said provisions apply and during which the person was employed full-time in the capacity of junior assistant mistress, manual instructress, lay assistant teacher, lay literary (pre-1941) teacher, lay teacher or as a teacher whilst a member of a religious community, the annual amount of the pension may, as on and from the 1st day of April, 1961, be increased by—

(a) five pounds for each year (a fraction of a year being disregarded) comprised in a period equal to one-third ofevery period in relation to which the said provisions apply and during which that person was employed full-time in the capacity of junior assistant mistress or manual instructress, and

(b) eight pounds for each year (a fraction of a year being disregarded) comprised in a period equal to one-third of every period in relation to which the said provisions apply and during which that person was employed full-time as a lay assistant teacher, lay literary (pre-1941) teacher, lay teacher or as a teacher whilst a member of a religious community.

(2) If, in relation to any person, the total of the years referred to in clauses (a) and (b) of subparagraph (1) of this paragraph and of the years of pensionable service exceeds forty by any number, that number of the years referred to in the said clauses (a) and (b) shall be disregarded for the purposes of the said subparagraph (1), the years referred to in the said clause (a) being disregarded before those in the said clause (b).

(3) This paragraph shall apply in relation to a person who attained the age of sixty-five years before the 1st day of July, 1960, and who was employed as a teacher on the 1st day of April, 1961, as if he were a person to whom a pension under the Principal Scheme was in course of payment on the 1st day of April, 1961, subject to the modification that the increase of pension provided for by this paragraph shall take effect as on and from the date of retirement of the person from employment as a teacher.

(4) Where, in relation to a person employed before the 1st day of April, 1934, as a lay assistant teacher and as a junior assistant mistress or manual instructress, fractions of a year are disregarded pursuant to clauses (a) and (b) of subparagraph (1) of this paragraph and the fractions together equal not less than one year, and the total of the years referred to in the said clauses (a) and (b) and of the pensionable service with reference to which the pension under the Principal Scheme payable to the person was calculated is not more than thirty-nine years, the annual amount of the pension of the person payable under the Principal Scheme may be increased by five pounds.

(5) In this paragraph "lay literary (pre-1941) teacher" has the same meaning as in the Scheme of 1942.

6. Paragraph 7 of the Principal Scheme, paragraph 8 of the Scheme of 1942, paragraph 9 of the Scheme of 1947 and paragraph 5 of the Scheme of 1948 shall, as on and from the 1st day of April, 1961, as respects the calculation of the amounts of pensions, but not of lump sums or gratuities, payable to persons who were under the age of sixty-five years on the 30th day of June, 1960, and who retired or retire after the 31st day of March, 1961, have effect as if "two-thirds of" were deleted in each place where it occurs.

7. Paragraph 7 of the Principal Scheme shall, as on and from the 1st day of April, 1961, have effect as if—

(a) in subclause (i) of clause (g) of subparagraph (1) "or in a convent public elementary school in Northern Ireland" were inserted before "or in the capacity",

(b) in the said subclause (i) "or in a public elementary school in Northern Ireland" were inserted before "and",

(c) in subclause (ii) of the said clause (g) "the Parliament of Northern Ireland" were inserted after "Parliament",

(d) in the said clause (g) ":provided that any such period in a school in Northern Ireland shall not be so reckoned unless it was rendered by a person who transferred to a national school in Saorstát Éireann before the appointed day" were inserted after "pensionable service".

8.—(1) Paragraph 7 of the Scheme of 1948 shall have effect as if for subparagraph (1) there were substituted the following paragraph:

"(1) Service as a teacher given after the last day of the school year in which the teacher reaches the age of sixty-five years shall not be pensionable service for the purposes of the Principal Scheme: provided however that where a teacher reaches the age of sixty-five years during the period of three months ending on the 30th day of June in any year and is permitted by the Minister to continue to serve after that date, such period of such service after the last day of the school year but not more than three months after his sixty-fifth birthday as may be necessary to enable the teacher to complete an additional year of pensionable service may be reckoned as pensionable service for the purposes of the Principal Scheme".

(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 April, 1962, and before the coming into operation of this Scheme.

9. Subparagraph (1) of paragraph 11 of the Scheme of 1950 shall not apply in relation to a person to whom paragraph 8 of this Scheme applies.

10. Paragraph 9 of the Scheme of 1953 shall, as on and from the 1st day of April, 1956, have effect as if in subparagraph (2) ": provided that where a teacher transfers to other teaching service approved of by the Minister in respect of which a superannuation or other award is payable in accordance with an approved provision the foregoing limitation of three years pensionable service shall not apply" were inserted after "in all".

11. Paragraph 5 of the National School Teachers' Superannuation (Amendment) Scheme, 1958 ( S.I. No. 247 of 1958 ), shall have effect as if in subparagraph (6) "subsequently" were deleted and "whether before or after the payment of the gratuity" were inserted after "re-enters the service".

GIVEN under my Official Seal, this 26th day of June, 1964.

PÁDRAIG Ó hIRIGHILE

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 26th day of June, 1964.

SÉAMAS Ó RIAIN

EXPLANATORY NOTE

This Amending Scheme provides for the payment of an additional sum by way of ex-gratia grant to National Teachers who were in receipt of pension on the 1st January, 1950. It also provides for additional pensionable credit for service prior to 1st April, 1934 given by certain categories of teachers.