Superannuation and Pensions Act, 1923
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Position of persons transferred from a public department of Dáil Eireann. |
1.—(1) If the Minister for Finance within six months after the passing of this Act certifies in writing under his hand that any person held, before the 11th day of July, 1921, an office in the Civil Service established under the authority of Dáil Eireann, and having served continuously in that Civil Service, was transferred directly from an office in that Civil Service to an office in the Civil Service of the late Provisional Government or of the existing Government of Saorstát Eireann, such person shall, for the purposes of the Superannuation Acts, be deemed to have been appointed to an office in and to have served in the permanent Civil Service of Saorstát Eireann as on and from the date of his appointment to an office in the Civil Service established under the authority of Dáil Eireann notwithstanding that he was not appointed and his salary or remuneration was not provided in the manner prescribed by Section 17 of the Superannuation Act, 1859 . | |
(2) Any certificate granted by the Minister for Finance under the foregoing sub-section may direct that when the person to whom such certificate relates shall die or retire from the public service, such number of years (to be specified in such certificate) as, having regard to the age, length of service and other relevant circumstances of such person, the Minister for Finance shall think proper, but not exceeding in any event five years, shall in computing the amount of superannuation allowance or other allowance or gratuity which may be granted to such person or to his legal personal representatives under the Superannuation Acts, be added to the number of years during which he may actually have served: Provided Always that no person shall by virtue of a certificate under this section become entitled to any greater allowance or gratuity than the maximum allowance or gratuity for the time being prescribed by law. | ||
(3) Every certificate granted by the Minister for Finance under this section shall state the date on which the person to whom such certificate relates was appointed to an office in the Civil Service established under the authority of Dáil Eireann. | ||
(4) Whenever it is necessary under Section 12 or Section 28 of the Superannuation Act, 1834 , to calculate the average salary or emoluments of a person in respect of whom a certificate is given under this section, and the period over which such average should be calculated under those sections would include portion of the time during which such person was serving in the Civil Service established under the authority of Dáil Eireann, such average shall be calculated over a period commencing on the date on which such person was transferred to the Civil Service of Saorstát Eireann in lieu of the period prescribed by those sections. | ||
(5) In this section the expression “the Civil Service established under the authority of Dáil Eireann” means the Civil Service which was first established under the authority of the Dáil Eireann constituted to be the Government of Saorstát Eireann by the members who were elected for constituencies in Ireland and who first assembled in a Parliament held in the Mansion House at Dublin on the 21st day of January, 1919, and which was subsequently maintained under the authority of that Dáil Eireann and of its successor the Dáil Eireann similarly constituted by members similarly elected who first assembled in a Parliament held at the Mansion House aforesaid on the 16th day of August, 1921. |