National School Teachers (Ireland) Act, 1879

NATIONAL SCHOOL TEACHERS (IRELAND) ACT 1879

CHAPTER LXXIV.

An Act for improving the position of the Teachers of National Schools in Ireland. [15th August 1879.]

[Preamble.]

Preliminary.

Short title.

1. This Act may be cited for all purposes as the National School Teachers (Ireland) Act, 1879, . . .

Interpretation of terms.

2. In this Act . . .

The term “the Commissioners of Education” means the Commissioners of National Education in Ireland:

The term “prescribed” means prescribed by rules to be made by the Treasury with the consent of the Lord Lieutenant:

The term “classed teachers” means such principal and assistant teachers of model or ordinary national schools as receive salaries from and are classed according to the regulations of the Commissioners of Education.

Pensions.

Funds to be provided out of Irish Church surplus. 32 & 33 Vict. c. 42.

3. The Commissioners of Church Temporalities in Ireland shall, out of the property accruing to them under the Irish Church Act, 1869, when and as required by the Commissioners for the Reduction of the National Debt, with the consent of the Lord Lieutenant and the Treasury, provide for the purposes of this Act, either in cash or in securities or rentcharges of an equivalent value, such sums, not exceeding in the whole the sum of one million three hundred thousand pounds sterling, as the Commissioners for the Reduction of the National Debt shall from time to time certify to be required for the purposes of this Act. So long as the said capital sum of one million three hundred thousand pounds, or any part of it, remains outstanding in the hands of the Commissioners of Church Temporalities, they shall on the first day of July and the first day of January in each year pay to the Commissioners for the Reduction of the National Debt interest on the said sum or on the balance thereof remaining unpaid from time to time at the rate of three pounds per cent, per annum. The said sum, with the interest thereof, is in this Act styled “The Pension Fund.”

Deductions from salaries of teachers.

4. The Commissioners of Education shall deduct in the prescribed manner from the salary paid by them to every classed teacher entitled to the benefit of this Act the amount which they are required to deduct in each case in accordance with the provisions of the schedule to this Act. All such deductions shall be paid to the Commissioners for the Reduction of the National Debt in the prescribed manner, and, together with the interest thereon, shall form part of the pension fund.

Investment of pension funds.

5. The pension fund shall be invested by the Commissioners for the Reduction of the National Debt in such and the like securities as the said Commissioners are authorised by law to purchase on account of savings banks, and the said Commissioners shall, in respect of all such moneys, have such and the like powers as are now vested by law in the said Commissioners in respect of moneys received by them on account of savings banks; and a separate and distinct account shall be kept by the said Commissioners of all receipts, investments, sales and repayments; and a balance sheet of such account from the first of January to the thirty-first of December in every year shall be laid before both Houses of Parliament not later than the thirty-first of March in the following year.

Award of retiring allowances.

6. It shall be lawful for the Lord Lieutenant, with the consent of the Treasury, to grant to any classed teacher of a national school in Ireland, on his retirement from the service, a pension or gratuity according to the scale, and subject to the provisions contained in the schedule to this Act, chargeable upon the pension fund, and to be paid in the prescribed manner.

If any question arises as to the claim of any person or class of persons for a pension or gratuity under this Act, it shall be referred to the Treasury, whose decision shall be final.

Commissioners of National Debt may advance funds.

24 Vict. c. 14.

26 & 27 Vict. c. 87.

7. The Commissioners for the Reduction of the National Debt may, if they think fit, from time to time, until the payment to them of the whole of the said capital sum of one million three hundred thousand pounds, make advances for the purposes of this Act, and may apply for that purpose any funds for the time being in their hands under the authority of the Post Office Savings Bank Act, 1861, and the Trustee Savings Banks Act, 1863, or either of such Acts. All such advances shall be repaid to the Commissioners for the Reduction of the National Debt out of the pension fund with interest at the rate of three and a half per centum per annum, in the prescribed manner. If at any time the pension fund shall be insufficient for the repayment of such advances, the Treasury, upon being duly informed thereof by the Commissioners for the Reduction of the National Debt, shall issue the amount of such deficiency out of the Consolidated Fund of the United Kingdom, or out of the growing produce thereof, and the Treasury shall certify such deficiency to Parliament.

Borrowing powers of Commissioners of Church Temporalities.

32 & 33 Vict.c. 42.

8. The several provisions of the Irish Church Act, 1869, with respect to the raising of money by the Commissioners of Church Temporalities in Ireland, and the giving of security for the repayment thereof, and of interest thereon, and with respect to advances to be made by the Commissioners for the Reduction of the National Debt to the said Commissioners of Church Temporalities, and with respect to the powers of the Treasury in relation to the money so to be raised, shall be extended and shall apply to the purposes of this Act as fully as such provisions apply to the purposes of the Irish Church Act, 1869.

Retirement of teachers.

9. Every classed teacher of a national school shall, unless permitted by the Commissioners of Education to continue in the service, retire at the age of sixty-five years in the case of males and at the age of sixty years in the case of females.

Power to Treasury to make rules.

10. The Treasury, with the consent of the Lord Lieutenant, may from time to time make rules for the administration of this Act. Copies of all such rules shall be laid before both Houses of Parliament within fourteen days from the date thereof, if Parliament is then sitting, and if not, then within fourteen days from the next re-assembling of Parliament.

Schedule to be deemed part of Act.

11. The schedule to this Act shall be construed and have effect as part of this Act. The rules in the schedule to this Act may from time to time be revoked, varied, and added to by the Lord Lieutenant with the consent of the Treasury.

[S. 12 rep. 57 & 58 Vict. c. 56 (S.L.R)]

SCHEDULE. Sects. 4, 6, 11.

Regulations as to Payment of Premiums, &c.

I.—Payment of Premiums.

1. For the purposes of this schedule, the first division of the first class and the second division of the first class shall be regarded as separate classes.

2. There shall be deducted from the quarterly salary payable to every classed teacher appointed after the passing of this Act, one-fourth part of the premium shown in Table A, Column 1, against the age of the teacher at the time of appointment. The premium shall not be due until the quarter is completed.

3. A teacher in the third class at the time of the passing of this Act may secure the same advantages by submitting to a deduction from his or her quarterly salary of the fourth part of the premium shown in Table A, column 1, against the age at which he or she entered the class.

4. A teacher in a class above the third class at the time of the passing of this Act will have the option of submitting to a deduction from his or her salary of the premium for his or her existing class, as shown against the age of entering that class in column 2, 3, or 4, together with the premium or premiums for the lower class or classes shown against the age of entry into such class, and will be entitled to pension accordingly.

5. A teacher in the service at the time of the passing of this Act and declining to submit to such deductions will have only such rights in respect to a retiring gratuity as he would have had on the system in force at the time of the passing of this Act.

6. Teachers entering the service after the passing of this Act, and teachers in the service at the time of the passing of this Act who elect to come in under this scheme, will on promotion be required to submit thereafter to a deduction, in addition to the premium already deducted, of the amount of premium shown in Table A for the class to which promoted, according to the age on promotion.

7. If a teacher is or has been appointed in the first instance to a class above the third, or if on promotion a teacher passes or has passed over a class, he or she shall nevertheless pay in addition to the premium of his or her actual class the premium for each lower class.

8. Teachers in the service at the time of the passing of this Act will not be allowed to take advantage of this Act unless they declare their election to do so within five years after the passing of this Act; any teacher who does not, on or before the thirty-first of March one thousand eight hundred and eighty, declare his election to take advantage of this Act will, if he afterwards elects to do so, be required to pay all premiums which would have been payable by him if he had elected before the said thirty-first of March to take advantage of the Act, together with compound interest on such premiums at the rate of three per cent, per annum.

9. Notwithstanding any provisions to the contrary, every teacher who is at the time of the passing of this Act in a class above the third class, or who, after the passing of this Act, is promoted to or enters a class above the third class, may elect to be treated as a teacher in the third class, or in any class intermediate between the third class and the class in which he is actually serving, and shall thereupon be entitled to the pension, and liable to the premiums fixed by this Schedule for the class the benefits of which he elects to receive.

10. For the purposes of this Act the several classes of teachers above the third class shall be deemed to consist of the following numbers (herein-after called “the standard numbers”); that is to say,

Males.

Females.

First Class—First Division -

150

First Class—First Division -

130

First Class—Second Division

410

First Class—Second Division

350

Second Class - - -

1,850

Second Class - - -

1,550

Should the teachers actually paying premiums in any class above the third class reach at any time the standard number, a teacher thereafter promoted to such higher class shall continue to pay the premiums and be entitled to the pension of the class below until a vacancy occurs in the standard number of the teachers paying the premium of such higher class, when he shall be entitled to claim to pay the increased premium assigned to his then age, and to secure the pension of the higher class. If the total number of male classed teachers paying premiums exceeds five thousand three hundred, or the total number of female classed teachers exceeds five thousand four hundred, the junior teachers in excess of those numbers shall not be entitled to the benefits of this Act until by seniority they come within such numbers, and their so coming within such numbers shall be held for the purposes of this Act to be their appointment to the service, -11. Each teacher shall be required to produce proof of age.

Table A.

Annual Premiums payable by Teachers (until 65 years of age for Males of 60 years of age for Females) to secure a deferred Pension.

Age on Appointment or Promotion.

Males.

Females.

Age on Appointment or Promotion.

Col. 1.

Col. 2.

Col. 3.

Col. 4.

Col. 1.

Col. 2.

Col. 3.

Col. 4.

Pension £35 from 65

Pension £46 fr4m 65.

Pension £60 from 65.

Pension £88 from 65.

Pension £25 from 60.

Pension £34 from 60.

Pension £47 from 60.

Pension £63 from 60.

3rd Class.

2nd Class.

1st. Class 2nd Div

1st Class, 1st. Div.

3rd Class.

2nd Class.

1st Class. 2nd Div.

1st Class, 1st Div.

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

16

0

9

8

0

3

0

0

4

0

0

7

8

0

11

8

0

4

4

0

6

0

0

7

8

16

17

0

10

0

0

3

4

0

4

0

0

8

0

0

12

4

0

4

4

0

6

4

0

8

0

17

18

0

10

8

0

3

4

0

4

4

0

8

4

0

12

8

0

4

8

0

6

8

0

8

4

18

19

0

11

0

0

3

4

0

4

4

0

8

8

0

13

4

0

5

0

0

7

0

0

8

8

19

20

0

11

4

0

3

8

0

4

8

0

9

4

0

14

0

0

5

0

0

7

4

0

9

0

20

21

0

12

0

0

3

8

0

5

0

0

9

8

0

14

8

0

5

4

0

7

8

0

9

4

21

22

0

12

4

0

4

0

0

5

0

0

10

0

0

15

4

0

5

8

0

8

0

0

10

0

22

23

0

13

0

0

4

4

0

5

4

0

10

8

0

16

4

0

6

0

0

8

4

0

10

4

23

24

0

14

0

0

4

4

0

5

8

0

11

0

0

17

0

0

6

4

0

9

0

0

11

0

24

25

0

14

4

0

4

8

0

5

8

0

11

8

0

18

0

0

6

8

0

9

4

0

11

4

25

26

0

15

4

0

5

0

0

6

0

0

12

4

0

19

0

0

7

0

0

10

0

0

12

0

26

27

0

16

0

0

5

0

0

6

4

0

13

0

1

0

0

0

7

4

0

10

4

0

12

8

27

28

0

16

4

0

5

4

0

6

8

0

13

8

1

1

0

0

7

8

0

11

0

0

13

4

28

29

0

17

8

0

5

8

0

7

0

0

14

4

1

2

0

0

8

0

0

11

8

0

14

0

29

30

0

18

8

0

6

0

0

7

4

0

15

0

1

3

4

0

8

4

0

12

0

0

15

0

30

31

0

19

4

0

6

4

0

8

0

0

15

8

1

4

8

0

9

0

0

12

8

0

15

8

31

32

1

0

8

0

6

8

0

8

4

0

16

8

1

6

4

0

9

8

0

13

8

0

16

8

32

33

1

1

8

0

7

0

0

8

8

0

17

4

1

7

8

0

10

0

0

14

4

0

17

8

33

34

1

3

0

0

7

4

0

9

4

0

18

8

1

9

4

0

10

8

0

15

4

0

18

8

34

35

1

4

4

0

7

8

0

9

8

0

19

8

1

11

4

0

11

4

0

16

4

1

0

0

35

36

1

5

8

0

8

0

0

10

4

1

0

8

1

13

4

0

12

0

0

17

4

1

1

4

36

37

1

7

0

0

8

8

0

11

0

1

2

0

1

15

4

0

12

8

0

18

4

1

2

8

37

38

1

8

8

0

9

0

0

11

8

1

3

4

1

18

0

0

13

8

0

19

8

1

4

4

38

39

1

10

8

0

9

8

0

12

4

1

4

8

2

0

8

0

14

8

1

1

0

1

6

0

39

40

1

12

4

0

10

4

0

13

0

1

6

0

2

3

4

0

15

8

1

2

8

1

7

8

40

41

1

14

8

0

11

0

0

13

8

1

7

8

2

7

0

0

17

0

1

4

8

1

10

0

41

42

1

17

0

0

11

8

0

14

8

1

9

4

2

10

8

0

18

4

1

6

4

1

12

4

42

43

1

19

4

0

12

4

0

15

8

1

11

4

2

14

8

0

19

8

1

8

4

1

15

0

43

44

2

2

4

0

13

4

0

17

0

1

13

8

2

19

4

1

1

4

1

11

0

1

18

0

44

45

2

5

8

0

14

4

0

18

4

1

16

4

3

4

8

1

3

4

1

13

8

2

1

8

45

46

2

9

0

0

15

4

0

19

8

1

19

8

3

11

0

1

5

8

1

17

0

2

5

4

46

47

2

13

0

0

16

8

1

1

4

2

2

4

3

18

4

1

8

4

2

0

8

2

10

4

47

48

2

17

4

0

18

0

1

3

0

2

6

0

4

7

0

1

11

4

2

5

4

2

15

8

48

49

3

2

4

0

19

8

1

5

0

2

10

0

4

17

0

1

15

0

2

10

8

3

2

0

49

50

3

8

0

1

1

4

1

7

4

2

14

8

5

9

4

1

19

4

2

17

0

3

10

0

50

51

3

14

8

1

3

8

1

10

0

3

0

0

6

4

8

2

5

0

3

5

0

4

0

0

51

52

4

2

4

1

6

0

1

13

0

3

6

0

7

3

8

2

11

8

3

14

8

4

12

0

52

53

4

11

4

1

8

8

1

16

8

3

13

4

8

8

4

3

0

8

4

7

8

5

7

8

53

54

5

2

4

1

12

4

2

1

0

4

2

0

10

1

0

3

13

8

5

5

0

6

9

4

54

55

5

15

4

1

16

4

2

6

0

4

12

4

12

8

8

4

10

0

6

9

4

7

19

0

55

56

6

11

4

2

1

4

2

12

8

5

5

0

15

18

4

5

14

8

8

5

8

10

3

8

56

57

7

11

8

2

7

8

3

0

8

6

1

4

21

16

8

7

17

4

11

2

0

13

19

4

57

58

8

17

8

2

16

0

3

11

0

7

2

4

33

11

8

12

2

0

17

9

4

21

10

0

58

59

10

13

8

3

7

0

4

5

4

8

11

0

68

2

8

24

10

8

35

8

8

43

12

0

59

60

13

2

8

4

2

8

5

5

0

10

10

4

61

16

19

8

5

3

8

6

16

0

13

11

8

62

23

5

4

7

6

4

9

6

0

18

12

4

63

36

2

8

11

7

0

14

9

0

28

18

0

64

74

19

8

23

11

4

30

0

0

60

0

0

II.Pensions

12. A male teacher retiring at 65 years of age or upwards, or a female teacher retiring at 60 years of age or upwards, shall be entitled to pension at the following rates; provided he or she shall have paid the premium of the class. If not, the pension shall be that of the highest class for which the premium shall have been paid.

Class from which Retiring.

Males.

Females.

£

£

First Class, First Division -

88

63

First Class, Second Division -

60

47

Second Class - - - -

46

34

Third Class - - - -

35

25

13. Service after the age of 65 for males or 60 for females, even if specially permitted, shall not confer any right to an increase of pension.

Pensions on Voluntary Retirement.

14. A male teacher aged 55 or upwards, or a female teacher aged 50 or upwards, may retire on the following rates of pension, viz.:

Males.

Age on

First Class,

First Class

Second Class

Third Class.

Retirement.

First Division.

Second Division.

£

£

£

£

64

79

54

42

32

63

71

49

38

29

62

64

44

34

26

61

59

41

32

24

60

53

37

29

22

59

48

34

27

21

58

44

31

24

19

57

40

29

23

18

56

37

26

21

17

55

34

24

19

15

Females.

Age on Retirement.

First Class, First Division.

First Class, Second Division.

Second Class.

Third Class.

£

£

£

£

59

58

43

31

23

58

53

40

29

22

57

49

37

27

20

56

45

34

25

19

55

42

32

23

17

54

39

30

22

16

53

36

28

20

15

52

33

26

19

14

51

30

24

17

13

50

28

22

16

12

Payment of Pensions.

15. Pensions will be paid quarterly in arrear, on proof being furnished of existence and identity.

Gratuities in Case of Disability.

16. If the Commissioners of Education certify to the Lord Lieutenant that they are satisfied that a male teacher under the age of fifty-five or a female teacher under the age of fifty, who, in case he or she continued in the service until the age for compulsory retirement would be entitled to a retiring allowance under this Act, has become incapable from permanent infirmity of mind or body to discharge the duties of his or her situation, the Lord Lieutenant, with the consent of the Treasury, may grant to such teacher a gratuity, or, if the teacher prefers it, a pension on retirement according to the following scale, and having regard to the highest class for which such teacher shall have paid the premium.

Age on Retirement.

First Class, First Division.

First Class, Second Division.

Second Class.

Third Class.

Age on Retirement.

First Class, First Division.

First Class, Second Division.

Second Class.

Third Class.

Gratuity.

Pension.

Gratuity.

Pension.

Gratuity.

Pension.

Gratuity.

Pension.

Gratuity.

Pension.

Gratuity.

Pension.

Gratuity.

Pension.

Gratuity.

Pension.

£

£

£

£

£

£

£

£

£

£

£

£

£

£

£

£

54

282

31

206

23

165

18

132

14

41

115

8

110

8

102

7

94

6

53

270

25

199

21

160

17

129

13

40

102

7

102

7

96

6

91

6

52

257

26

191

19

156

16

127

13

39

100

7

100

7

95

6

91

6

51

245

23

186

18

151

15

124

12

38

98

6

98

6

94

6

91

6

50

233

21

179

16

146

14

121

11

37

95

6

95

6

93

5

92

5

49

220

19

172

15

142

13

118

10

36

93

5

92

5

92

5

91

5

48

207

18

165

14

137

12

116

10

35

91

5

91

5

91

5

91

5

47

195

16

158

13

133

11

113

9

34

83

5

83

5

83

5

83

5

46

182

15

151

12

128

10

111

9

33

75

4

75

4

75

4

75

4

45

169

13

144

11

124

9

108

8

32

68

4

68

4

68

4

68

4

44

156

12

136

10

118

8

105

8

31

60

3

60

3

60

3

60

3

43

142

11

127

9

113

8

101

7

30

52

3

52

3

52

3

52

3

42

129

9

119

9

107

7

98

7

III.—Repayment of Premiums.

17. If a teacher is dismissed or quits the service otherwise than by death or retirement on a pension, or retirement on receipt of a gratuity in lieu of pension, he shall forfeit all claim to pension or gratuity, but the amount deducted from salary from time to time for premiums shall be returned to him, either at the time of withdrawal from the service, or at any time thereafter, on proof of identity.

18. In the event of a teacher, who is dismissed or quits the service, re-entering for further service, he or she shall again pay any sum which may have been repaid, and also any premiums for the quarter years during which he or she may have been out of the service. These sums while unpaid shall bear compound interest at the rate of three per cent, per annum. They may be paid at once on re-entering the service, or the payments may be spread by deductions from salary over one or two years, as the Commissioners shall determine.

19. A teacher degraded from a higher class shall receive back any premiums paid as a consequence of service in such higher class, and shall only have a claim to the pension of the class for which he shall afterwards pay the premiums.