S.I. No. 272/1940 - National School Teachers' Superannuation (Amendment) (No. 2) Scheme, 1940.

STATUTORY RULES AND ORDERS. 1940. No. 272.

NATIONAL SCHOOL TEACHERS' SUPERANNUATION (AMENDMENT) (No. 2) SCHEME, 1940.

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 of 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 National School Teachers' Superannuation Scheme, 1934 (Statutory Rules and Orders, No. 23 of 1934), was duly made under the said Act, and was confirmed by resolution of Dáil Eireann passed on the fifteenth day of March, 1934, and by resolution of Seanad Eireann passed on the fourteenth day of March, 1934 :

AND WHEREAS it is expedient that the said National School Teachers' Superannuation Scheme, 1934, be amended in the manner hereinafter appearing :

NOW, I, TOMÁS Ó 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 as the National School Teachers' Superannuation (Amendment) (No. 2) Scheme, 1940, and the National School Teachers' Superannuation Scheme, 1934 (Statutory Rules and Orders, No. 23 of 1934), and this Scheme may be cited together as the National School Teachers' Superannuation Schemes, 1934 and 1940.

2 Commencement.

2. This Scheme shall come into force on the 30th day of November, 1940.

3 Application of Interpretation Act, 1937 .

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.

4 Definitions.

4. —(1)In this Scheme—

the expression " the Principal Scheme " means the National School Teachers' Superannuation Scheme, 1934 (Statutory Rules and Orders, No. 23 of 1934) ;

the expression " the former National School Teachers' Pension Fund " means the fund (now wound up as on and from the 1st day of April, 1934), established under the Act of 1879.

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

5 Additional pensionable service of certain teachers.

5. —(1) In the case of a person to whom this paragraph applies each of the following periods shall, subject to the provisions of this paragraph, be, in addition to any service reckonable under paragraph 7 of the Principal Scheme, pensionable service for the purposes of the Principal Scheme, that is to say :—

(a) any period during which such person served as principal teacher of an Irish-speaking fosterage school prior to 1st day of September, 1915,

(b) any period during which such person served in a special secondary school for the fostering of the Irish language where the status of such school was changed to that of a national school and such person became a classed teacher on such change of status,

(c) any period during which such person served as a Gaelic League organiser,

(d) any period during which such person rendered approved service as a teacher in a secondary school, other than a special secondary school for the fostering of the Irish language.

(2) A person to whom this paragraph applies shall not be entitled to reckon any period of service, mentioned in sub-paragraph (1) of this paragraph, given by him unless and until such person has paid, within such time and in such manner and with such additions (if any) on account of interest as the Minister may direct, to the Minister a sum equal to the contributions (such contributions being based on the hypothetical salary of such person during such period of service and calculated in accordance with the rules made under section II of the Act of 1879 and for the time being in force) which such person would, if he had been employed as a classed teacher during every period of service mentioned in the said sub-paragraph (1), given by him, havepaid to the former National School Teachers' Pension Fund, together with compound interest at the rate of two and a half per cent. as on and from the date on which such contributions would have been so paid.

For the purposes of this sub-paragraph the hypothetical salary of a person to whom this paragraph applies during any period of service mentioned in sub-paragraph (1) of this paragraph shall be taken to be the variable salary of the scale for trained teachers which such person would, if he had been a classed teacher during such period of service, have received under the regulations then for the time being in force and on the basis of continued efficient service.

(3) This paragraph applies to—

(a) any person who has given at least seven years' service as principal teacher of an Irish-speaking fosterage school prior to the 1st day of September, 1915,

(b) any person who—

(i) has given at least seven years' service as a teacher in a special secondary school for the fostering of the Irish language, the status of which said secondary school was changed to that of a national school, and

(ii) became a classed teacher on such change of status.

6 Pensions under the Military Service Pensions Acts, 1924 to 1934.

6. —(1) In this paragraph the expression " teacher's pension " means a pension under the Principal Scheme, and the expression " military pension " means a pension under the Military Service Pensions Acts, 1924 to 1934.

(2) Where a person is entitled to a teacher's pension and also to a military pension, he shall not be entitled to reckon any period of time as both pensionable service for the purpose of such teacher's pension and also as a service period or part of a service period for the purpose of such military pension.

(3) Where a person to whom a teacher's pension is payable becomes entitled to a military pension and any period of time which was included in his pensionable service for the purpose of such teacher's pension is reckoned as a service period or part of a service period for the purpose of such military pension, the following provisions shall have effect, that is to say :—

(a) such teachers' pension shall be reassessed as from the date of the commencement of such military pension ;

(b) for the purpose of such reassessment such person shall be given an opportunity of electing whether he will retain or will surrender such military pension ;

(c) if such person elects to retain such military pension or if he fails or refuses to make any election, no period of time which was reckoned as a service period or part of a service period for the purpose of such military pension shall, on such reassessment, be reckoned as pensionable service for the purpose of such teacher's pension ;

(d) if such person elects to surrender such military pension, any period of time which was reckoned as a service period or part of a service period for the purpose of such military pension and is also reckonable as pensionable service for the purpose of such teacher's pension shall, on such reassessment, be reckoned as a period of pensionable service equal in length of time to the pensionable service which is appropriate under the Military Service Pensions Acts, 1924 to 1934, to the said period of time ;

(e) when such teacher's pension is reassessed under the next preceding sub-paragraph of this paragraph, such military pension shall, on such reassessment, be surrendered as from the date of the commencement thereof.

(4) Where a person to whom a military pension is payable becomes entitled to a teacher's pension and any period of time which was reckoned as a service period or part of a service period for the purpose of such military pension would, if this paragraph had not been enacted, be reckonable as pensionable service for the purpose of such teacher's pension, the following provisions shall have effect, that is to say :—

(a) such person shall, before such teacher's pension is assessed, be given an opportunity of electing whether he will retain or will surrender such military pension ;

(b) if such person elects to retain such military pension or if he fails or refuses to make any election, no period of time which was reckoned as a service period or part of a service period for the purpose of such military pension shall, on the assessment of such teacher's pension, be reckoned as pensionable service for the purpose of such teacher's pension ;

(c) if such person elects to surrender such military pension any period of time which was reckoned as a service period or part of a service period for the purpose of such military pension and is also reckonable as pensionable service for the purpose of such teacher's pension shall, on the assessment of such teacher's pension, be reckoned as a period of pensionable service equal in length of time to the pensionable service which is appropriate under the Military Service Pensions Acts, 1924 to 1934, to the said period of time ;

(d) when such teacher's pension is assessed under the next preceding sub-paragraph of this paragraph, such military pension shall on such assessment, be surrendered as from the date on which such teacher's pension commences.

7 Payment on death of teacher.

7. For the purposes of paragraph 19 of the Principal Scheme, the Minister may, at his absolute discretion and subject to such conditions as appear to him to be equitable, treat the case of a person who has given at least ten years' pensionable service and who dies within twelve months of his retirement as if he had died while in the service.

8 Amendment of paragraph 11 of the Principal Scheme.

8. Clause (ii) of sub-paragraph (b) of paragraph 11 of the Principal Scheme is hereby amended by the deletion of the word " efficiently ".

9 Amendment of paragraph 22 of the Principal Scheme.

9. Sub-paragraph (3) of paragraph 22 of the Principal Scheme shall have effect as if the words " and would but for such failure have been entitled to a pension under this Scheme" were inserted therein after the words " existing classed teacher ".

10 Deductions from pensions.

10. Notwithstanding anything in paragraph 25 of the Principal Scheme, there may be deducted from any pension or gratuity under the Principal Scheme any moneys which may be due or owing to the Minister or any other Minister of State or any Department of State by the person to whom such pension or gratuity is payable.

11 Retiring age for teachers.

11. —(1) Every teacher shall, unless permitted by the Minister to continue in the service, retire at the age of sixty-five in the case of a man and at the age of sixty in the case of a woman.

(2) Paragraph 31 of the Principal Scheme is hereby revoked.

12 Exclusion of certain service

12. —(1) Where—

(a) any moneys (representing contributions paid by a person to the former National School Teachers' Pension Fund) have been transferred to the Secondary Teachers' Pension Fund under paragraph 16 of the Secondary Teachers' Superannuation Scheme, 1929 (Statutory Rules and Orders No. 19 of 1929), or under clause (d) of sub-paragraph (1) of paragraph (5) of the Secondary Teachers' Superannuation (Amendment) Scheme, 1935, (Statutory Rules and Orders, No. 48 of 1935), and

(b) such person re-enters on service as a teacher on or after the 31st day of October, 1940,

no period ending before the 1st day of April, 1934, during which such person served as a classed teacher shall be reckoned as part of the pensionable service of such person for the purposes of the Principal Scheme unless such person pays to the Minister, within such time and in such manner and with such additions on account of interestas the Minister may direct, a sum equal to such moneys with compound interest thereon at the rate of two and a half per cent. per annum calculated from whichever of the following dates is the earlier,

(i) the date on which such person is paid a gratuity under paragraph 6 of the said Secondary Teachers' Superannuation (Amendment) Scheme, 1935, and

(ii) the date six months following the date on which such person re-entered on service as a teacher.

(2) Where—

(a) any moneys (representing an amount equal to four per cent. of the salary of a teacher in respect of service given by such teacher on or after the 1st day of April, 1934) have been paid by the Minister to the Secondary Teachers' Pension Fund under sub-paragraph (2) of paragraph 5 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1935, and

(b) such person re-enters on service as a teacher on or after the 31st day of October, 1940,

no period after the 31st day of March, 1934, during which such person served as a teacher shall be reckoned as part of the pensionable service of such person for the purposes of the Principal Scheme unless such person, within twelve months after so re-entering on service or such longer period as the Minister may allow, makes application for a gratuity under paragraph 6 of the said Secondary Teachers' Superannuation (Amendment) Scheme, 1935.

Given under my Official Seal this 2nd day of November, 1940.

TOMÁS Ó DEIRG,

Minister for Education.

I hereby consent to the foregoing Scheme.

SEÁN T. Ó CEALLAIGH,

Minister for Finance.