Superannuation Act, 1936

Reckoning of service in certain special cases.

15.—(1) Where a person rendering service which is established service or is deemed by virtue of this Act to be established service is, without interruption of time in the continuity of his employment, employed either exclusively or in addition to other duties in a civil position (other than as a member of the Gárda Síochána, or as a teacher, or in any capacity in a preparatory college) in the public service of Saorstát Eireann service in which, but for this section, would not be established service, then and in such case, whenever the service of such person in the civil service of Saorstát Eireann is being determined for the purposes of the Superannuation Acts, the service of such person in such civil position shall, if the Minister is satisfied that such person during the whole of such employment in such civil position rendered full-time service which was wholly remunerated directly out of moneys provided by the Oireachtas, be deemed for the purposes of the Superannuation Acts to be and always to have been established service in the civil service of Saorstát Eireann.

(2) A person who formerly rendered service which is deemed by virtue of this Act to be established service in the civil service of Saorstát Eireann and subsequently rendered full-time service in other positions in the public service of Saorstát Eireann and is, at the passing of this Act, serving in an established position in the said civil service in respect of which he received a certificate from the Civil Service Commissioners may, on the Minister being satisfied that there was no interruption of time in the continuity of his employment from the date on which he first commenced to render service deemed as aforesaid to be established service to the date of the passing of this Act and that during all such employment he was wholly remunerated directly out of moneys provided by the Oireachtas, be allowed to reckon for the purposes of the Superannuation Acts the whole period from the said date on which he first commenced to render service deemed as aforesaid to be established service to the date of his appointment to an established position in the civil service of Saorstát Eireann as one continuous period of established service continuous with his established service in such established position.

(3) In the case of a person who, while serving as an officer of the Gárda Síochána, was transferred to the civil service of Saorstát Eireann and at the passing of this Act holds an established position in that civil service, the Minister, if he so thinks proper, may, whenever the period of service of such person in the said civil service is being determined for the purposes of the Superannuation Acts, direct that so much as the Minister shall think proper and shall specify of the service of such person as an officer of the Gárda Síochána may be deemed to be established service in the civil service of Saorstát Eireann, and if the Minister gives such direction such person may be allowed to reckon for the purposes of the Superannuation Acts so much as is specified in such direction of his service as an officer of the Gárda Síochána as established service in the civil service of Saorstát Eireann and to reckon such established service and his continuous established service subsequent to his said transfer to the said civil service as one continuous period of established service in the said civil service for the purposes of the said Acts.