S.I. No. 171/1972 - Secondary Teachers' Superannuation (Amendment) (No. 2) Scheme, 1972.


S.I. No. 171 of 1972.

SECONDARY TEACHERS' SUPERANNUATION (AMENDMENT) (No. 2) 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) (No. 2) Scheme, 1972, and the collective citation " the Secondary Teachers' Superannuation Scheme, 1929 to 1972 " shall include this Scheme.

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

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

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

5. Each paragraph of the Principal Scheme and each rule of the Schedule to that Scheme mentioned in column (1) of the Schedule to this Scheme is hereby amended in the manner stated in column (2) of that Schedule opposite the mention of that paragraph or rule in column (1).

SCHEDULE

Provision of the Principal Scheme Amended

Nature of Amendment

(1)

(2)

Paragraph 3.

(a) The insertion before the definition of " the Incremental Salary Rules " of the following new definition :—" 'future Comprehensive School teacher' means a person recognised by the Minister as a Principal Teacher, Vice-Principal Teacher or permanent full-time teacher in a comprehensive school established as such by the Minister;".

(b) The insertion in the definition of " approved teaching service " after " as a Preparatory College teacher " of " or as a future Comprehensive School teacher".

Paragraph 4.

The insertion after " and service as a Preparatory College teacher " of " or as a future Comprehensive School teacher".

Provision of the Principal Scheme Amended

Nature of Amendment

(1)

(2)

Paragraph 5.

The substitution for the clause inserted by the Secondary Teachers' Superannuation (Amendment) Scheme, 1933 ( S. R. & O. No. 107 of 1933 ), and set out in the second column of the Schedule to that Scheme opposite the mention in the first column of paragraph 5 of the Principal Scheme, of the following clauses :—

"(e) a person (in this Scheme referred to as a future Preparatory College teacher to whom this Scheme applies) who is not a Preparatory College teacher before the 1st day of November, 1933, but who on or after the said 1st day of November, 1933, becomes a Preparatory College teacher,

(f) a person (in this Scheme referred to as a future Comprehensive School teacher to whom this Scheme applies) who on or after the 1st day of August, 1965, becomes a teacher in a Comprehensive School,".

Paragraph 6.

The insertion after subparagraph (5) of the following new subparagraph :—

" (6) A person who is a future Comprehensive School teacher to whom this Scheme applies and who at the date of his application for admission to membership complies with all the following conditions—

(a) is aged 21 years or upwards,

(b) is a teacher in a Comprehensive School, and

(c) provides proof of his health and physical fitness and submits to such medical examination at his own expense as the Minister for Finance may direct,"

Paragraph 7.

(a) The insertion in subparagraphs (2) and (2A) after " or a future Preparatory College teacher to whom this Scheme applies " of " or a future Comprehensive School teacher to whom this Scheme applies ".

(b) The insertion after subparagraph (2A) of the following new subparagraphs :—

"(2B) A future Comprehensive School teacher to whom this Scheme applies and who is qualified for membership may, within six months after the operative date, apply to be admitted to membership from a date not earlier than the first day on which he gave approved teaching service as a teacher in Comprehensive School.

(2C) Notwithstanding anything contained in the Principal Scheme, a future teacher or a future Preparatory College teacher to whom this Scheme applies who,on or after the 1st day of August, 1965, gave approved teaching service in a Comprehensive School may, within six months after the operative date, apply to be admitted to membership from a date not earlier than the first day on which he gave

Provision of the Principal Scheme Amended

Nature of Amendment

(1)

(2)

Paragraph 7.—-contd.

approved teaching service as a future Comprehensive School teacher.

(2D) The time within which any application may be made under subparagraphs (2B) and (2C) of this paragraph may be extended by the Minister in the case of future teachers, future Preparatory College teachers or future Comprehensive School teachers to whom this Scheme applies who were not engaged in approved teaching service on the last day of the period of six months beginning on the operative date.

(2E) In subparagraphs (2B) to (2D) of this paragraph " the operative date " means the date on which the Secondary Teachers' Superannuation (Amendment) (No. 2) Scheme, 1972, came into operation,".

Paragraph 8.

(a) The insertion in subparagraph (1) after " or a future Preparatory College teacher to whom this Scheme applies " of " or a future Comprehensive School teacher to whom this Scheme applies ".

(b) The substitution for subparagraph (2) of the following new subparagraph :

"(2) Every existing recognised teacher, future teacher,future Preparatory College teacher or future Comprehensive School teacher to whom this Scheme applies who is admitted to membership shall continue to be a member of this Scheme until he ceases to be engaged in approved teaching service and shall thereupon cease to be a member of this Scheme,".

Paragraph 13.

The insertion at the end of the paragraph of the following new subparagraphs :

" (4) There shall be paid to the Pension Fund by the Minister in respect of every future Comprehensive School teacher, who is an existing member during any school year, at the expiration of such school year, an annual contribution (in this Scheme referred to as the school's contribution), at the rate of five pounds per cent, of the basic salary of such teacher in respect of his period of service as a teacher in a Comprehensive School."

(5) Subparagraph (1) of this paragraph shall not apply to an existing member who is a future Comprehensive School teacher, who is certified by the Minister to be assimilated as a Comprehensive School teacher and to whom subsection 7 of section 37 of the Local Government (Superannuation) Act, 1948 (No. 4 of 1948), applied at the time of such assimilation ; provided however that, in the event of such member's becoming an ex-member and of his re-admission to membership under paragraph 9 of the Principal Scheme, subparagraph (1) of this paragraph shall apply in such event with effect from the date of his re-admission to membership,".

Provision of the Principal Scheme Amended

Nature of Amendment

(1)

(2)

Rule 1 of Schedule.

(a) The insertion in clause (a) after " a Preparatory College teacher " of " or a future Comprehensive School teacher ".

(b) The insertion after clause (b) of the following new clause :

"(c) when used in relation to a future Comprehensive School teacher, the total sum payable to such teacher by the Minister in accordance with the appropriate salary scales and allowances for Comprehensive School teachers for the time being approved by the Minister for Finance, less the sum of the basic salary of such teacher and any emoluments which the Minister shall declare to be non-pensionable,".

Rule 3 of Schedule.

The substitution for paragraph (4) of the following new paragraph :

"(4) This rule applies to every teacher who is either a retired recognised teacher, a future Preparatory College teacher or a future Comprehensive School teacher to whom this Scheme applies,".

GIVEN under my Official Seal, this 11th day of July, 1972.

PÁDRAIG O FACHTNA.

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 11th day of July, 1972.

SEOIRSE Ó COLLA.

EXPLANATORY NOTE.

This amending scheme provides for the admission of Comprehensive School teachers to membership of the Secondary Teachers' Superannuation Scheme.