Superannuation Act, 1936

Amendment of Section 2 of the Superannuation and Pensions Act, 1923.

7.—The following provisions shall have effect in respect of sub-section (1) of section 2 of the Superannuation and Pensions Act, 1923 , (No. 34 of 1923), and in relation to certificates given or purporting to be given by the Minister thereunder, that is to say:—

(a) the said sub-section shall be and is hereby amended as from the passing of the said Act by the deletion of the words “within six months after the passing of this Act” where those words secondly occur in the said sub-section;

(b) in the said sub-section the expression “the civil service of Saorstát Eireann” shall include and be deemed always to have included the civil service of the Provisional Government;

(c) no certificate given or purporting to be given by the Minister under the said sub-section shall be or ever have been invalid merely because the person to whom such certificate relates is thereby stated to have been reinstated in the civil service of Saorstát Eireann on a date prior to the passing of the said Act;

(d) where it is stated in a certificate given or purporting to be given by the Minister under the said sub-section, that the person to whom such certificate relates was reinstated in the civil service of Saorstát Eireann on a date which was prior to the establishment of Saorstát Eireann, such statement shall be construed and have effect, and be deemed always to have had effect as relating to the reinstatement of such person in the civil service of the Provisional Government;

(e) every person in respect of whom a certificate was given or purported to be given by the Minister under the said sub-section shall be deemed to have been reinstated in the civil service of Saorstát Eireann, or (where the circumstances so require) in the civil service of the Provisional Government, on the date on which he is stated in such certificate to have been reinstated in the civil service of Saorstát Eireann;

(f) the period referred to in the said sub-section as the period of service which a person is otherwise qualified to reckon under the Superannuation Acts shall include and be deemed always to have included the period of such person's service within the meaning of the said Acts in any British civil service and also the period of his service within the meaning aforesaid in the civil service of Saorstát Eireann and, (where the circumstances so require) the period of his service within the meaning aforesaid in the civil service of the Provisional Government and those several periods and the period between the date of such person's resignation or dismissal mentioned in the said sub-section and the date of his reinstatement similarly mentioned shall be reckoned as one continuous period of service.