Agriculture Act, 1931

Superannuation of certain former officers of the Department.

12.—(1) There may be granted to or in respect of such persons (being persons who at the passing of this Act are in the service of the Government of Saorstát Eireann and who at any time were paid wholly or partly out of any special fund) as may be approved by the Minister for Finance and in respect of such service as that Minister may direct, superannuation or other allowances or gratuities on the scale laid down in the Superannuation Acts for the time being in force, and subject to the provisions of those Acts (except so much of section 17 of the Superannuation Act, 1859 , as enacts that for the purposes of that Act no person hereafter to be appointed shall be deemed to have served in the permanent Civil Service of the State unless such person holds his appointment or has been admitted into the Civil Service in the manner therein mentioned), and for the purposes of this section such persons as may be so approved shall be deemed to have been paid in respect of every period of service which is special service from moneys voted by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859 .

(2) Whenever a person who has been approved by the Minister for Finance under the foregoing sub-section is a transferred officer within the meaning of the Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929) and is alive at the time such approval is given the following provisions shall have effect, that is to say:—

(a) such approval shall be deemed to be granted subject to a condition (in this sub-section referred to as the first condition) that any benefit accruing to such person under this section shall not be taken into account in determining any question of compensation under the said Act; and

(b) subject to the next following paragraph, such approval shall also be deemed to be granted subject to a condition (in this sub-section referred to as the second condition) that such person shall send to the Minister for Finance within one month after such approval has been notified to him a consent in writing accepting the first condition and in the event of such person failing or neglecting to comply with the second condition such failure or neglect shall operate as a cancellation of such approval; and

(c) such approval shall not be deemed to be granted subject to the second condition if—

(i) such person dies before such approval is notified to him, or

(ii) such person dies after such approval is notified to him and within a period of one month from the date of such notification, or

(iii) the Minister for Finance certifies that having regard to bodily or mental infirmity of such person, such approval should not in the case of such person be deemed to be granted subject to the second condition.

(3) In this section—

the expression “special fund” means—

(a) the former Cattle Pleuro-pneumonia Account for Ireland of the General Cattle Diseases Fund being the Account referred to in section 73 of the Diseases of Animals Act, 1894; or

(b) moneys (including proceeds thereof) formerly placed at the disposal of the Department by section 15 of the Act of 1899; or

(c) moneys (including proceeds thereof) formerly placed at the disposal of the Department by section 1 of the Agriculture and Technical Instruction (Ireland) (No. 2) Act, 1902; or

(d) moneys (including proceeds thereof) formerly placed at the disposal of the Department by section 49 of the Irish Land Act, 1909 ; or

(e) moneys (including proceeds thereof) formerly placed at the disposal of the Department under sections 1 and 2 of the Development and Road Improvement Funds Act, 1909; or

(f) the former Forestry Fund established under section 8 of the Forestry Act, 1919;

the expression “special service” means—

(a) service under the Department; or

(b) service under the Minister; or

(c) in the case of an officer of any committee or joint committee appointed under section 14 of the Act of 1899 who was appointed to a situation directly under the Department on or prior to the 6th day of December, 1922, service under such committee or joint committee; or

(d) service under the Forestry Commissioners; or

(e) service under any other authority the whole or part of whose powers and duties was transferred directly or indirectly to the Minister or to the Department.