Superannuation and Pensions Act, 1923

Re-instatement of persons dismissed from the Civil Service for political reasons.

2.—(1) If the Minister for Finance, within six months after the passing of this Act, certifies in writing under his hand that any person resigned or was dismissed from the Civil Service of the late United Kingdom of Great Britain and Ireland before the 11th day of July, 1921, and has within six months after the passing of this Act been reinstated in the Civil Service of Saorstát Eireann, and has been so reinstated on the ground that he so resigned or was dismissed as aforesaid solely for political reasons, the Minister for Finance may by such Certificate direct that whenever the period of service of such person is being computed for the purposes of the Superannuation Acts, the period between the date on which such person so resigned or was dismissed from the Civil Service of the United Kingdom aforesaid, and the date on which he was reinstated as aforesaid, shall be added to the period of service which he is otherwise qualified to reckon under those Acts.

(2) If the Minister for Finance, within six months after the passing of this Act, certifies in writing under his hand that any person resigned or was dismissed from the Civil Service of the late United Kingdom of Great Britain and Ireland before the 11th day of July, 1921, and would but for his ill-health have been reinstated in the Civil Service of Saorstát Eireann on the ground that he so resigned or was dismissed as aforesaid solely for political reasons, the Minister for Finance may by such certificate direct that such person shall be paid, with effect from such date not being earlier than the 1st day of April, 1922, as may be fixed by such certificate, the superannuation allowance to which such person would have been entitled under the Superannuation Acts if he had retired on the ground of ill-health on the date on which he so resigned or was dismissed as aforesaid or on such later date (not being later than the 1st day of April, 1922) as, having regard to the state of his health during the period subsequent to his resignation or dismissal, may be fixed by such certificate.

(3) Whenever it is necessary under Section 12 or Section 28 of the Superannuation Act, 1834 , to calculate the average salary of a person in respect of whom a certificate is given under the first sub-section of this section, and the period over which such average should be calculated under those sections would include any time previous to the date on which such person was reinstated in the Civil Service of Saorstát Eireann, such average shall be calculated over a period commencing on the date of such reinstatement in lieu of the period prescribed by those sections.