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Existing officers.
4 & 5 will. 4. c. 24.
55 & 56 Vict. c. 40.
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16.—(1) Schemes for the employment of existing officers shall be made, as respects the existing officers of the Royal University of Ireland, by the Dublin and Belfast Commissioners jointly, and, as respects existing officers of Queen’s College, Belfast, by the Belfast Commissioners, and, as respects existing officers of Queen’s College, Cork, and Queen’s College, Galway, by the Dublin Commissioners.
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(2) Schemes so made shall provide, so far as practicable and expedient, for equivalent offices being offered, in either one of the two new universities or in the new college having its seat at Dublin, to existing officers of the Royal University of Ireland, and shall provide for equivalent offices being offered in the new university having its seat at Belfast to existing officers of Queen’s College, Belfast, and in Queen’s College, Cork, and Queen’s College, Galway respectively, to existing officers of those colleges, but no such provision need be made by the scheme for any existing officers who are appointed to offices in either of the two new universities, or of any of the constituent colleges of the new university having its seat at Dublin by virtue of the charter of the university or college.
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(3) If any such existing officer of the Royal University is not offered an equivalent office in accordance with the provisions of this section, or accepts an office in either of the two new universities or in any of the constituent colleges of the new university having its seat at Dublin, which is not an equivalent office, he shall be entitled to such compensation, either in respect of the loss of office or in respect of the difference between his existing office and the office which he accepts, as may be determined by the Commissioners jointly:
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Provided that the compensation to be paid in the case of any such existing officer not offered an equivalent office shall be fixed upon the basis of abolition of office.
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Where an existing officer is entitled to compensation, and the tenure of his office was limited so as to continue for a definite number of years, the Commissioners shall, in assessing compensation, take into consideration any probability that existed of the appointment of the officer being renewed after the expiration of his term of office.
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(4) The compensation payable under this section shall be paid in the case of existing officers of the Royal University of Ireland out of the funds of such one of the two new universities, or out of the funds of those universities in such proportions, as the Dublin and Belfast Commissioners jointly determine, and, where any existing officer entitled to compensation receives any appointment in either of the two new universities, or in any of the constituent colleges of the university having its seat at Dublin, the Commissioners in assessing the amount of compensation shall have regard to any advantage derived from that appointment.
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(5) If any existing officer, who holds his existing office during the pleasure of His Majesty or the Lord Lieutenant, or is removable only by His Majesty or the Lord Lieutenant, in pursuance of this Act or of any charter granted thereunder is offered and accepts or is appointed to an office in either of the two new universities or in any of the constituent colleges of the new university having its seat at Dublin, he shall, notwithstanding anything in this Act or in the charter or statutes of the university or college, hold the office which he accepts during the pleasure of His Majesty or the Lord Lieutenant, as the case may be.
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(6) Any existing officer who accepts an equivalent office in pursuance of this Act shall, for the purposes of superannuation and pension, be deemed to have continued in the same office.
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(7) The Commissioners, by their schemes under this section, shall provide for the continuation, apportionment, and application of any pension or superannuation fund established for the benefit of any officers of the Royal University of Ireland, or of Queen’s College, Belfast, or Queen’s College, Cork, or Queen’s College, Galway.
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(8) Where an existing officer holding an office to which the Superannuation Acts, 1834 to 1892, apply accepts in pursuance of this Act an equivalent office, that officer shall have the same right as respects any superannuation allowance or gratuity as he would have had if those Acts continued to apply to his service in the office accepted or in any other office in either of the two new universities or any of the constituent colleges of the new university having its seat at Dublin to which he may be thereafter appointed, but the superannuation allowance or gratuity shall be paid out of the funds of the university or college of which he is an officer when the allowance or gratuity becomes payable.
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If any question arises whether any person has any right to a superannuation allowance or gratuity in pursuance of this provision, or as to the amount of any such superannuation allowance or gratuity, that question shall be referred to the Treasury, and the decision of the Treasury on the question shall be binding on all parties.
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Nothing in this provision shall prevent the governing body of either of the two new universities, or any of the constituent colleges of the new university having its seat at Dublin, giving any superannuation allowance to any officer holding an office to which the Superannuation Acts, 1834 to 1892, apply otherwise than in pursuance of this provision.
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