S.I. No. 297/1978 - Superannuation Act, 1887 (Section 1) Warrant, 1978.


S.I. No. 297 of 1978.

SUPERANNUATION ACT, 1887 (SECTION 1) WARRANT, 1978.

I, RAY MAC SHARRY, Minister of State at the Department of the Public Service, in exercise of the powers conferred on me by section 1 of the Superannuation Act, 1887 (as amended by the Superannuation Act, 1946 (No. 17 of 1946)), and by section 5 of the Superannuation Act, 1909, and by the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ), and by the Public Service (Delegation of Ministerial Functions) Order, 1978 ( S.I. No. 117 of 1978 ), do by this Warrant order as follows:

1. (1) This Warrant may be cited as the Superannuation Act, 1887 (Section 1) Warrant, 1978.

(2) This Warrant shall be deemed to have come into operation on the 1st day of June, 1973.

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

3. The Superannuation Act, 1887 (Section 1) Warrant, 1946 (S.R. & O., No. 236 of 1946), is hereby amended by—

( a ) the substitution for the Table in Article 7 (1) of the following Table:

"Table to Article 7 (1)

Relations

Proportion of salary and emoluments

The widow.......

50%

Each child, where the deceased leaves a widow to whom an award is granted......

13 1/3%

Each child, where the deceased does not leave a widow to whom an aware is granted....

26 2/3%

The dependent mother, where the deceased leaves a widow, but no children.

5 5/9%

The dependent mother, where the deceased leaves a child or children but no widow

11 1/9%

The dependent mother, where the deceased leaves neither a widow nor any children

33 1/3%

( b ) the insertion after paragraph (1) of Article 7 of the following paragraph:

"(1A) Whenever the widow or child of a person to whom this Warrant applies is entitled pursuant to paragraph (1) of this Article to be paid an allowance in respect of the death of that person, and that person was a member of the pension scheme established under the Civil Service Widows' and Children's Contributory Pension Scheme. 1977 ( S.I. No. 132 of 1977 ), there shall be paid to the widow or child, as the case may be, in addition to the allowance payable under paragraph (1) of this Article, an amount equal to the sum which have been payable under Article 10 of that pension scheme in respect of periodic contributions if that person had, at all times during his membership of that pension scheme, been unmarried together with, in relation to that period commencing on the day following the 31st day of December of the year in which the contribution was paid and terminating on the day preceding the effective date of such allowance, compound interest, computed with yearly rests, thereon, at an annual rate, or rates, to be determined by the Minister from time to time.".

( c ) the substitution in Article 7 (4) for "one-third" of "40%".

( d ) the substitution in Article 7 (5) for "one-eighteenth" of "131/3%", and

( e ) the insertion in Article 8 after "1946" of "other than a pension under the Civil Service Widows' and Children's Contributory Pension Scheme, 1977, or the Civil Service Widows' and Children's Ex Gratia Pension Scheme, 1977 ( S.I. No. 133 of 1977 ), or any scheme amending or extending either of those schemes, or any other occupational or superannuation arrangements deemed by the Minister to be of a similar nature to such schemes".

         GIVEN under my hand, this 31st day of October, 1978.

RAY MAC SHARRY,

Minister of State at the Department

of the Public Service.

EXPLANATORY NOTE.

This Warrant provides for an increase in the rates of annual allowance payable to the widows and children of a person employed in the civil service who dies as a result of an injury incurred in the course of official duty.