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Date of commencement of established service in certain special cases.
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12.—(1) If the Minister, within two years after the passing of this Act—
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(a) certifies in writing under his hand that a particular person who has been appointed to an established position in the civil service of Saorstát Eireann after the 1st day of February, 1926, and before the passing of this Act had previously ceased to be employed in an unestablished position in a civil service to which re-instatement under this Act applies and so ceased solely for political reasons, and
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(b) by such certificate directs that this section shall apply to the determination for the purposes of the Superannuation Acts of the period of service of such person in the civil service of Saorstát Eireann,
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then and in such case, whenever the period of service of such person in the civil service of Saorstát Eireann is being determined for the purposes of the said Acts, sub-sections (3) and (4) of this section shall apply and have effect in relation to such determination.
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(2) Such certificate as is mentioned in the first sub-section of this section may be given in respect of a person notwithstanding that such person, before the giving of such certificate and either before or after the passing of this Act, has retired on the ground of age or ill-health from the civil service of Saorstát Eireann or has died while in that civil service and, where such certificate is so given in respect of a person who has so retired or died, the following provisions shall have effect, that is to say:—
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(a) if the period of service of such person in the civil service of Saorstát Eireann has been determined for the purposes of the Superannuation Acts before the giving of such certificate, it shall be re-determined in consequence of such, certificate, and
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(b) sub-sections (3) and (4) of this section shall apply and have effect in relation to the determination or re-determination of the said period of service for the purposes of the said Acts, and
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(c) such superannuation allowance, gratuity, or other benefit under the Superannuation Acts as is appropriate to such person's service, as determined or re-determined for the purposes of the said Acts in consequence of such certificate, may be granted under the said Acts to or in respect of such person as from his said retirement or death (as the case may be), and
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(d) if any superannuation allowance, gratuity, or other benefit has been granted (whether before or after the passing of this Act) under the Superannuation Acts to or in respect of such person before the giving of such certificate, the said superannuation allowance, gratuity, or other benefit so granted may be adjusted or varied, as from the said retirement or death (as the case may be) of such person, in such manner as may be appropriate to the said re-determination of the service of such person in consequence of such certificate.
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(3) Whenever the period of service in the civil service of Saorstát Eireann of a person in respect of whom a certificate has been given by the Minister under this section is being determined or re-determined for the purposes of the Superannuation Acts, the following provisions shall have effect, that is to say:—
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(a) such person shall be deemed for the purposes of the said Acts to have served in an established position in the civil service of Saorstát Eireann (whether he was or was not actually serving in that civil service in any capacity) as from such date prior to his said appointment to an established position in the said civil service (but not earlier than the 1st day of February, 1926) as the Minister shall state in that behalf in his said certificate, and
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(b) the following periods shall be reckoned as one continuous period of established service in the said civil service, that is to say:—
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(i) the period beginning on the said date so stated in the said certificate and ending on the date of such person's said appointment to an established position in the said civil service, and
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(ii) the period of such person's continuous established service in the said civil service subsequent to the said date of his said appointment to an established position.
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(4) Where, in the case of a person in respect of whom a certificate has been given by the Minister under this section, it is shown to the satisfaction of the Minister that the amount of the established service of such person for the purposes of the Superannuation Acts when determined in accordance with the foregoing provisions of this section is less than the amount of his established service for the purposes of the said Acts would be if it were determined on the basis of such person—
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(a) having rendered continuous service from the date of his first admission to a civil service to which re-instatement under this Act applies to the date of his appointment to an established position in the civil service of Saorstát Eireann, and
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(b) his having received during such service the benefits in the nature of establishment for which he would have been eligible under the normal practice which, if his service had in fact been continuous, would have applied to him,
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the Minister may direct that the service of such person shall be determined for the purposes of the Superannuation Acts on the basis aforesaid (subject to the restriction that no service rendered by such person before he attained the age of sixteen years shall be reckoned in such determination) and upon such direction being given there shall be granted to or in respect of such person such superannuation allowance, gratuity, or other benefit under the said Acts as may be applicable upon such determination of the amount of his established service.
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