Superannuation and Pensions Act, 1963

Payment of contribution in certain cases.

5.—(1) Where established service is, under a superannuation scheme approved of by the Minister for the staff of a training college for teachers, reckoned in the computation of any pension, lump sum or gratuity awarded, whether before or after the passing of this Act, under that scheme, the Minister may pay to the authority having control of the training college a contribution towards the pension, lump sum or gratuity.

(2) The making of a payment under the foregoing subsection shall be at the discretion of the Minister and, where he makes any such payment, its amount shall also be at his discretion.

(3) Where—

(a) a person was, before the passing of this Act and then being an established civil servant, transferred, with the consent of the head officer of his department, to employment which was approved employment within the meaning of the Superannuation Act, 1914 ,

(b) the person remained in the employment on the 30th day of April, 1963,

(c) on his ceasing to hold the employment or any other employment approved of by the Minister, for the purposes of this subsection, his service as from the date of the transfer is pensionable under superannuation provisions applying to him, or in case the person transferred from Córas Tráchtála to An Bord Iascaigh Mhara on the 1st day of May, 1963, with the consent of both organisations, on his ceasing to hold employment in An Bord Iascaigh Mhara or any other employment approved of by the Minister for the purposes of this subsection, his service as from the 1st day of May, 1963, is pensionable under superannuation provisions applying to him, and

(d) the Minister and the employer agree that this subsection is to apply in relation to the person,

the following provisions shall have effect :

(i) if those superannuation provisions do not include provisions for the reckoning as pensionable service for the purposes of those superannuation provisions of the service of the person reckonable, at the time of the transfer referred to in paragraph (a) of this subsection, in computing a superannuation allowance, that service shall, if the appropriate authority so thinks fit and to such extent as it determines, be so reckoned,

(ii) where, any such service having been so reckoned by virtue of the foregoing paragraph or otherwise, an award of a lump sum, pension or gratuity is made to or in respect of the person under those superannuation provisions—

(I) the Minister shall make such contribution as may be agreed upon between him and the appropriate authority towards the lump sum, pension or gratuity, and

(II) an award shall not be made to the person under section 4 of the Superannuation Act, 1914 .

(4) In subsection (3) of this section “the appropriate authority” means—

(a) in case an authority other than the employer administers the superannuation provisions applying to persons employed in a pensionable capacity by the employer—the authority administering those provisions, and

(b) in any other case—the employer.

(5) Where, on the 1st day of March, 1960, a person serving in a position pensionable under a scheme made pursuant to section 2 of the Sea Fisheries (Amendment) Act, 1955 , was transferred to a position pensionable under a scheme made pursuant to section 18 of an tAcht um Thionscail na Gaeltachta, 1957,—

(a) service of the person reckonable as pensionable service for the purposes of the former scheme shall, provided he does not get a return of contributions under that scheme, be reckoned as pensionable service for the purposes of the latter scheme,

(b) if, any such service having been so reckoned, an award of a lump sum, pension or gratuity is made to or in respect of the person under the latter scheme, An Bord Iascaigh Mhara shall make such contribution as may be agreed upon between it and Gaeltarra Éireann towards the lump sum, pension or gratuity.

(6) Where, on the 1st day of June, 1963, a person serving in a position pensionable under a scheme confirmed under section 44 of the Transport Act, 1950 , transferred to a position pensionable under a scheme made pursuant to section 15 of the Tourist Traffic Act, 1952 ,—

(a) service of the person reckonable as pensionable service for the purposes of the former scheme shall, provided he does not get a return of contributions under that scheme, be reckoned as pensionable service for the purposes of the latter scheme,

(b) if, any such service having been so reckoned, an award of a lump sum, pension or gratuity is made to or in respect of the person under the latter scheme, the authority administering the former scheme shall make such contribution as may be agreed upon between it and Bórd Fáilte Éireann towards the lump sum, pension or gratuity.

(7) (a) Whenever, a pension to which a contribution is made under subsection (1), (3) or (5) of this section having become payable, the pensioner receives any payments by way of remuneration out of public moneys, the pension shall be limited to such amount (if any) as, when added to the payments received by way of remuneration, does not exceed, in any period of twelve months, the annual remuneration which he received immediately before the pension commenced (or would have commenced but for not being in course of payment).

(b) The superannuation benefits (whether by way of pension, lump sum or gratuity) payable to or in respect of a person in a case in which a contribution is made under subsection (1), (3) or (5) of this section, shall be limited to the amount (if any) by which any other superannuation benefit, provided by means of a charge on public moneys and payable to or in respect of the person, falls short of the amount payable under the Superannuation Acts, 1834 to 1963, on the retirement or death (as may be appropriate) of a civil servant with forty-five years' established service and a salary equal to either the salary by reference to which the said superannuation benefits were computed or the salary by reference to which the other superannuation benefit was computed, whichever is the greater.

(c) For the purposes of the foregoing paragraph the Minister shall determine—

(i) the annual value of any allowance or lump sum, or

(ii) the lump sum equivalent to any superannuation allowance or pension,

payable from public moneys to the person concerned.