S.I. No. 48/1935 - Secondary Teachers' Superannuation (Amendment) Scheme, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 48.

SECONDARY TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1935.

WHEREAS it is enacted by section 2 of the Teachers' Superannuation Act, 1928 (No. 32 of 1928), that the Minister for Education may, with the consent of the Minister for Finance, prepare in relation to any particular class or classes of teachers, a scheme (in that Act referred to as a superannuation scheme) with the object of providing pensions and gratuities for, or in respect or the class or classes of teachers to whom such scheme applies and (subject to confirmation thereof under that Act), carry such scheme into execution, and that different superannuation schemes may be prepared and (subject as aforesaid) be carried into execution by the Minister for Education in relation to different classes of teachers:

AND WHEREAS it is enacted by section 5 of the said Act that no superannuation scheme shall come into force unless and until it has been laid before each House of the Oireachtas, and has been confirmed by resolution of each such House:

AND WHEREAS it is enacted by section 6 of the said Act that a superannuation scheme may be revoked or amended by a subsequent superannuation scheme made and confirmed in the same manner as the original scheme:

AND WHEREAS the Secondary Teachers' Superannuation Scheme, 1929 (Statutory Rules and Orders No. 19 of 1929), was duly made under the said Act, and was confirmed by resolution of Dáil Eireann passed on the 20th day of June, 1929, and by resolution of Seanad Eireann passed on the 20th day of June, 1929:

AND WHEREAS the said Secondary Teachers' Superannuation Scheme, 1929, was duly amended under the said Act by the Secondary Teachers' Superannuation (Amendment) Scheme, 1932 (Statutory Rules and Orders, No. 54 of 1932), and the Secondary Teachers' Superannuation (Amendment) Scheme, 1933 (Statutory Rules and Orders, No. 107 of 1933):

AND WHEREAS it is expedient that the said Secondary teachers' Superannuation Scheme, 1929, be further amended in the manner hereinafter appearing:

NOW, I, TOMAS O DEIRG, Minister for Education, with the consent of the Minister for Finance, testified by his signature hereto, in exercise of the powers conferred on me by the Teachers' Superannuation Act, 1928 (No. 32 of 1928), and of every and any other power me in this behalf enabling, do hereby make the following Scheme, that is to say:—

1 Short title and citation.

1.—This Scheme may be cited for all purposes as the Secondary Teachers' Superannuation (Amendment) Scheme, 1935, and the Secondary Teachers' Superannuation Schemes, 1929 to 1933, and this Scheme may be cited together as the Secondary Teachers' Superannuation Schemes, 1929 to 1935.

2 Commencement.

2.—This Scheme shall come into force immediately upon its being confirmed by each House of the Oireachtas.

3 Application of Interpretation Act, 1923 .

3.—The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Scheme in like manner as it applies to the interpretation of an Act of the Oireachtas.

4 Definitions.

4.—(1) In this Scheme the expression " the Principal Scheme " means the Secondary Teachers' Superannuation Scheme, 1929 (Statutory Rules and Orders, No. 19 of 1929), as amended by the Secondary Teachers' Superannuation (Amendment) Scheme, 1932 (Statutory Rules and Orders, No. 54 of 1932), and the Secondary Teachers' Superannuation (Amendment) Scheme, 1933 (Statutory Rules and Orders, No. 107 of 1933).

(2) Every word and expression used in this Scheme to which a particular meaning is given by the Principal Scheme for the purposes of that Scheme has in this Scheme the meaning so given to it.

5 Provisions in relation to former national school teachers.

5.—(1) Subject to the provisions of sub-paragraph (3) of this paragraph, an existing member who has given service prior to the 1st day of April, 1934, as a national school teacher, which was recognised as pensionable service for the purpose of an award of a pension under the National School Teachers (Ireland) Act, 1879, may, with the consent of the Minister, in case he is an existing member on the critical date, within twelve months after the critical date or any date subsequent to the critical date on which he may be readmitted to membership of the Principal Scheme or, in any other case, within twelve months of the date on which he is admitted to membership of the Principal Scheme or of any date on which he may be readmitted to membership of the Principal Scheme—

(a) in case he has been refunded the premiums paid by him under the said Act and has not been granted a gratuity under paragraph 16 of the National School Teachers' Superannuation Scheme, 1934 (Statutory Rules and Orders, No. 23 of 1934), pay into the pension fund a sum equal to the amount of such premiums together with compound interest thereon at the rate of three per cent. per annum computed from the date of such refund until the date of payment into the pension fund, or

(b) in case he has been granted a gratuity under the said paragraph 16 and the amount of such gratuity is not less than the amount of the premiums paid by him under the said Act, pay into the pension fund a sum equal to the amount of such premiums together with compound interest thereon at the rate of three per cent. per annum computed from the date of the payment of such gratuity until the date of payment into the pension fund, or

(c) in case he has been granted a gratuity under the said paragraph 16 and the amount of such gratuity is less than the amount of the premiums paid by him under the said Act, pay into the fund a sum equal to the total of the following—

(i) the amount of such gratuity together with compound interest thereon at the rate of three per cent. per annum computed from the date of payment of such gratuity, until the date of payment into the pension fund,

(ii) the difference between the amount of such gratuity and the amount of such premiums together with compound interest on the said difference at the rate of three per cent. per annum computed from the date on which such premiums were refunded to him until the date of payment into the pension fund, or

(d) in any other case, authorise the Minister to pay to him by way of transfer to the pension fund, out of moneys provided by the Oireachtas for the purpose of paragraph 7 of the National School Teachers' Pension Fund (Winding-up) Order, 1934 (Statutory Rules and Orders, No. 43 of 1934), an amount equal to the premiums paid by him under the said Act,

and upon such payment or transfer (as the case may be) being made, such service shall be deemed, for the purposes of the Principal Scheme, to be approved teaching service and also contributing service and shall be added to the approved teaching service or the contributing service (as the case may be) which such existing member may be entitled to under any other provision of the Principal Scheme.

(2) Subject to the provisions of sub-paragraph (3) of this paragraph an existing member who has given service on or after the 1st April, 1934, as a national school teacher which is recognised as pensionable service for the purpose of the award of a pension or a gratuity under the National School Teachers' Superannuation Scheme, 1934, or any scheme amending that scheme may, with the consent of the Minister, in case he is an existing member on the critical date within twelve months after the critical date or any date subsequent to the critical date on which he may be readmitted to membership of the Principal Scheme or, in any other case, within twelve months of the date on which he is admitted to membership of the Principal Scheme or of any date on which he may be readmitted to membership of the Principal Scheme, request the Minister to pay into the pension fund out of moneys provided by the Oireachtas for the purpose, an amount equal to four per cent. of the salary, within the meaning of the said National School Teachers' Superannuation Scheme, 1934, of such member in respect of such service, and, upon receipt of such request the Minister may pay such amount into the pension fund, and upon such payment being made, such service shall be deemed for the purposes of the Principal Scheme to be approved teaching service and also contributing service and shall be added to the approved teaching service or the contributing service, as the case may be, which such existing member may be entitled to under any other provision of the Principal Scheme.

References in this Scheme to a payment made by the Minister into the pension fund in respect of any person shall be construed as references to an amount paid under this sub-paragraph by the Minister into the pension fund in respect of such person.

(3) The provisions of sub-paragraphs (1) and (2) of this paragraph shall not apply to an existing member who has received a gratuity under paragraph 17 or paragraph 18 of the National School Teachers' Superannuation Scheme, 1934, unless such member refunds to the Minister the amount of such gratuity within such time and in such manner, and with such additions (if any) in respect of interest as the Minister may direct.

(4) The expression "contributions to the pension fund" when used in this Scheme in relation to any person means the total amount of the teachers' contributions paid by such person to the pension fund together with the sums (if any) transferred or paid by such person to the pension fund under paragraph 16 of the Principal Scheme or paid by such person or transferred by his authority to the pension fund under sub-paragraph (1) of this paragraph.

(5) The right conferred by section 16 of the Principal Scheme on an existing member to authorise the transfer to the pension fund of the contributions mentioned in the said paragraph or if he has been refunded those contributions, to pay into the pension fund the moneys mentioned in the said paragraph shall cease to be exercisable on and after the critical date.

(6) In this paragraph the expression "the critical date" means the date on which this Scheme comes into force.

6 Short service gratuity.

6.—(1) Where an ex-member is ineligible for the grant of a pension under the Principal Scheme there shall, on the application of such ex-member, be paid to him out of the pension fund a gratuity of an amount equal to the contributions to the pension fund made by him.

(2) References in paragraphs 26 and 27 of the Principal Scheme to a short service gratuity shall be construed and have effect as references to a gratuity under sub-paragraph (1) of this paragraph.

(3) Upon payment of a gratuity to an ex-member under this paragraph there shall be paid to the Minister out of the pension fund a sum equal to the amount of the payment (if any) made by the Minister into the pension fund in respect of such ex-member.

(4) Paragraph 23 of the Principal Scheme shall cease to have effect.

7 Death of teacher or pensioner.

7.—(1) In the event of the death of an existing member a gratuity equal to the amount of the contributions to the pension fund made by him, with compound interest thereon at the rate of three pounds per cent. per annum, may, subject to the provisions of the next following sub-paragraph, be paid out of the pension fund to his legal personal representative.

(2) Where a person who is an ex-member, and is in receipt of a pension from the pension fund, is readmitted to membership, and dies while an existing member, the amount of the gratuity payable to his legal personal representative under sub-paragraph (1) of this paragraph shall be reduced by the amount which such person has received by way of pension.

(3) Where a person who has been awarded a pension under this Scheme dies, and the amount received by him by way of pension is less than the amount which would have been paid to his legal personal representative under sub-paragraph (1) of this paragraph if he had died immediately before his retirement, a gratuity equal to the amount of the difference between the said two amounts may be paid out of the pension fund to his legal personal representative.

(4) Where—

(a) a payment has been made by the Minister into the pension fund in respect of any person, and

(b) there is payable in respect of such person a gratuity under this paragraph,

the following provisions shall have effect, that is to say:—

(i) in case such gratuity is payable under sub-paragraph (1) of this paragraph and is not subject to reduction under paragraph (2) of this paragraph, there shall be paid out of the pension fund to the Minister an amount equal to the amount of the said payment,

(ii) in any other case, there shall, if the Minister so directs, be paid to the Minister out of the pension fund such amount, not exceeding the amount of the said payment, as the Minister may fix.

(5) Paragraph 28 of the Principal Scheme shall cease to have effect.

8 Forfeiture of pensions.

8.—(1) If any person in receipt of a pension under the Principal Scheme is, during the continuance of such pension, convicted of a crime or offence by a court of competent jurisdiction, and is sentenced by that court for that crime or offence to imprisonment with hard labour for any term or to imprisonment for a term exceeding twelve months or to penal servitude for any term, such pension shall be forfeited as from the date of such conviction, but if the total amount paid to such person on foot of such pension is less than the contributions to the pension fund made by such person a sum equal to the difference between such total amount and such contributions shall be paid to him out of the pension fund.

(2) If any existing member is convicted of a crime or offence by a court of competent jurisdiction, and is sentenced by that court for that crime or offence to imprisonment with hard labour for any term or to imprisonment for a term exceeding twelve months or to penal servitude for any term, such member shall not be eligible for the grant of a pension under the Principal Scheme.

(3) Where a sum is payable to any person under sub-paragraph (1) of this paragraph and a payment has been made by the Minister into the pension fund in respect of such person, there shall, if the Minister so directs, be paid to the Minister out of the pension fund such sum, not exceeding the amount of such payment, as the Minister may fix.

(4) Paragraph 32 of the Principal Scheme shall cease to have effect.

9 References in Principal Scheme to gratuities.

9.—References in the Principal Scheme, as amended by this Scheme, to a gratuity under the Principal Scheme shall be construed and have effect as references to a gratuity under this Scheme.

Given under my Seal of Office this 30th day of January, 1935.

T. Ó DEIRG,

Minister for Education.

I consent to the foregoing Scheme.

SEÁN MACENTEE,

Minister for Finance.