S.I. No. 35/1972 - Secondary Teachers' Superannuation (Amendment) Scheme, 1972.


S.I. No. 35 of 1972.

SECONDARY TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1972.

I, PÁDRAIG Ó FACHTNA, Minister for Education, in exercise of the powers conferred on me by sections 2 , 3 and 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 Secondary Teachers' Superannuation (Amendment) Scheme, 1972.

2. The Secondary Teachers' Superannuation Schemes, 1929 to 1968, and this Scheme may be cited together as the Secondary Teachers' Superannuation Schemes, 1929 to 1972.

3. This scheme shall come into force immediately upon its being confirmed by each House of the Oireachtas.

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), as amended;

"the strike" means the withdrawal of services by secondary teachers which began on the 1st day of February, 1969, and ended on the 23rd day of February, 1969.

6. The Secondary Teachers' Superannuation Schemes, 1929 to 1968, and this Scheme shall be construed together as one Scheme.

7. (1) Subject to the payment of the appropriate teachers' and schools' contributions under the Principal Scheme, a person to whom this paragraph applies may, for the purposes of that Scheme, reckon the period of the strike as approved teaching service and as contributing service.

(2) Where an award under the Secondary Teachers' Superannuation Schemes, 1929 to 1968, has been made before the confirmation of this Scheme to or in respect of a person to whom this paragraph applies, the award shall be revised and shall be calculated and payable as if this paragraph had been in force on the date of the event by reason of which the award was made.

(3) This paragraph applies to every teacher who—

(a) was in approved teaching on the 31st day of January, 1969,

(b) participated in the strike at any time, and

(c) either resumed approved teaching service on or before the 31st day of March, 1969, or by reason of death or retirement, did not so resume approved teaching service.

8. (1) Paragraph 7 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1954 ( S.I. No. 234 of 1954 ), is hereby amended—

(a) by the substitution in subparagraph (1) of "allowance" for "special increment" in each place where it occurs, and

(b) by the substitution for subparagraph (4) of the following:

"(4) In this paragraph 'allowance' means an allowance payable to a teacher under the Incremental Salary Rules."

(2) This paragraph shall be deemed to have come into operation on the 1st day of July, 1968.

9. The Principal Scheme shall, in relation to service given on or after the 1st day of July, 1968, have effect as if, for the definition (inserted by the Secondary Teachers' Superannuation (Amendment) Scheme, 1956 ( S.I. No. 153 of 1956 )) of "basic salary" in Rule 1 of the Schedule thereto, there were substituted the following definition:

"'basic salary' means the sum of £400,".

GIVEN under my Official Seal, this 8th day

of February, 1972.

PÁDRAIG Ó FACHTNA.

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance,

this 8th day of February, 1972.

SEOIRSE Ó COLLA.

EXPLANATORY NOTE.

This amending Scheme provides that the period of the secondary teachers' strike in February 1969 may, in certain circumstances, be reckoned as approved teaching service and that the Scheme may comprehend the allowances introduced from 1st July, 1968.