S.I. No. 46/1967 - Secondary Teachers' Superannuation (Amendment) Scheme, 1967.

S.I. No. 46 of 1967.

SECONDARY TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1967.

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

1. This Scheme may be cited as the Secondary Teachers' Superannuation (Amendment) Scheme, 1967.

2. The collective citation, the Secondary Teachers' Superannuation Schemes, 1929 to 1967, shall include this Scheme.

3. The Secondary Teachers' Superannuation Schemes, 1929 to 1967, shall be construed as one.

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

5. In this Scheme " the Principal Scheme " means the Secondary Teachers' Superannuation Scheme, 1929 ( S. R. & O. No. 19 of 1929 ).

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

7. Paragraph 20 of the Principal Scheme is hereby amended by the insertion after subparagraph (2) of the following:

" (3) The consent of the Minister for Finance required under subparagraph (1) may, as that Minister thinks fit, be given in respect of a particular case or a class of cases."

8. Paragraph 21 of the Principal Scheme is hereby amended by the insertion after subparagraph 1 (c) (ii) (II) of the following:

" : provided, however, that in the case of a person who is in receipt of a pension under the National School Teachers' Superannuation Schemes, 1934 to 1964, or the Local Government (Superannuation) Act, 1956 (No. 10 of 1956), the amount of a pension shall be at the rate of one-eightieth of his pensionablesalary for every year of contributing service, subject to the limitation that the number of eightieths shall not exceed the number which when added to the number of eightieths on which his existing pension has been assessed will amount to forty eightieths."

9. The Principal Scheme is hereby amended, with effect from the 1st day of January, 1965, by the substitution of the following paragraph for paragraph 30:

" 30.—(1) If an ex-member in receipt of a pension under this Scheme receives any payment of standard salary in respect of a position, service in which is approved teaching service for the purposes of this Scheme, and is not re-admitted to membership of the Scheme, no more of the pension shall be paid, for any specified period of receipt of the payment, than so much as, with the payment, equals the standard salary which the pensioner would have received in respect of that period if, during it, he—

(a) held the position in which he served on the last day of his pensionable service, but

(b) was remunerated at the rate of standard salary of which he was in receipt on that day, subject, however, in case changes have taken place in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified.

(2) In subparagraph (1) ` specified ' means specified by the Minister for Education.

(3) (a) The Minister may at his discretion, but subject to the condition specified in clause (b), waive the application of subparagraph (1) in any particular case, and that subparagraph shall thereupon not apply in that case.

(b) The condition referred to in clause (a) is that the Minister is satisfied that—

(i) persons with particular training and experience are required for particular work in a particular position,

(ii) the person who is being re-employed has that training and experience, is being re-employed for thatwork and is otherwise suitable for re-employment in all respects,

and

(iii) it is not practicable to meet that requirement otherwise than by the re-employment of a pensioner ".

GIVEN under my Official Seal, this 1st day of March, 1967.

DONNCHADH Ó MÁILLE

I consent to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 1st day of March, 1967.

EXPLANATORY NOTE

This Scheme (1) removes abatement of pension except on re-employment other than in exceptional circumstances, as a secondary teacher; (2) provides that where abatement applies it will be by reference to the current salary of the post from which the pensioner retired ; (3) provides that if a person has a pension as a national or vocational teacher, the number of years' service reckonable for pension under the Schemes cannot, when added to the number of years' service on which the previous pension was based, exceed forty.