S.I. No. 400/1942 - National School Teachers' Superannuation (Amendment) Scheme, 1942.

STATUTORY RULES AND ORDERS. 1942. No. 400.

NATIONAL SCHOOL TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1942.

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 ( S. R. & O. No. 23 of 1934 ), was duly made under the said Act and confirmed by resolutions of Dáil Eireann and Seanad Eireann :

AND WHEREAS the said Scheme was amended by the National School Teachers' Superannuation (Amendment) (No. 2) Scheme, 1940 ( S. R. & O. No. 272 of 1940 ), which was duly made under the said Act and confirmed by resolutions of Dáil Eireann and Seanad Eireann :

AND WHEREAS it is expedient that the said Scheme, as so amended, 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 as the National School Teachers' Superannuation (Amendment) Scheme, 1942, and this Scheme and the National School Teachers' Superannuation Schemes, 1934 and 1940, may be cited together as the National School Teachers' Superannuation Schemes, 1934 to 1942.

2 Commencement of Scheme.

2. This Scheme shall come into force immediately after the confirmation thereof by resolution of each House of the Oireachtas.

3 Interpretation.

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 (S. R. & O , No. 23 of 1934),

the expression " the Amending Scheme " means the National School Teachers' Superannuation (Amendment) (No. 2) Scheme, 1940 ( S. R. & O. No. 272 of 1940 ),

the expression " Reformatory School " means a reformatory school which is a certified school within the meaning of Part IV of the Children Act, 1908,

the expression " Industrial School " means an industrial school which is a certified school within the meaning of Part IV of the Children Act, 1908,

the expression " Reformatory National School " means a Reformatory School which is also a National School,

the expression " Industrial National School " means an Industrial School which is also a National School,

the expression " lay literary teacher " means a person (other than a clergyman or a member of a religious order) who is recognised and paid by the Minister as a literary teacher in either—

(a) a Reformatory National School or an Industrial National School, or

(b) a National School (other than an Industrial National School) at which pupils of an Industrial School attend and are taught,

the expression " provisionally recognised lay literary teacher " means a person (other than a clergyman or a member of a religious order) who is provisionally recognised and paid by the Minister for a period beginning on the 1st day of April, 1941, as a literary teacher in either—

(a) a Reformatory National School or an Industrial National School, or

(b) a National School (other than an Industrial National School) at which pupils of an Industrial School attend and are taught,

the expression " lay literary (pre-1941) teacher " means a person (other than a clergyman or a member of a religious order)who, prior to the 1st day of April, 1941, was employed as a full-time literary teacher in either—

(a) a Reformatory School or an Industrial School, or

(b) a National School at which pupils of an Industrial School attended and were taught and in which such teacher was employed solely because of the attendance of those pupils.

(2) Save where it is otherwise provided in this Scheme every word and expression to which a particular meaning is assigned by the Principal Scheme for the purposes of that Scheme has in this Scheme the meaning so assigned to it.

5 Amendment of paragraph 4 of the Principal Scheme.

5. Paragraph 4 of the Principal Scheme is hereby amended as on and from the 1st day of April, 1941, by inserting, at the end of the definition of " non-classed teacher, " the words " or as a lay literary teacher " after the words " in a National School, " and the said paragraph shall have, and be deemed as from the said date to have had, effect accordingly.

6 Definition of salary.

6. —(1) the definition of the word "salary" contained in paragraph 4 of the Principal Scheme shall not apply and shall be deemed never to have applied in relation to a lay literary teacher, and in lieu thereof the said word " salary " in the Principal Scheme means and shall be deemed always to have meant, in relation to a lay literary teacher—

(a) in respect of a period during which service was rendered as a lay literary (pre-1941) teacher, the remuneration received from the Manager for full-time service as a literary teacher, including the value of board and residence (if any) forming part of such remuneration, and

(b) in respect of a period during which service is rendered on or after the 1st day of April, 1941, as a lay literary teacher or as a provisionally recognised lay literary teacher, the sum of the following amounts, that is to say :—

(i) the salary paid to him by the Minister, and

(ii) the minimum amount (including the value of board and residence, if any) which the Manager is required by the Minister to contribute in respect of such teacher.

(2) In this paragraph the word " Manager " means, in relation to a Reformatory School, an Industrial School, a Reformatory National School, or an Industrial National School, the person or persons recognised by the Minister as the Manager or Managers of that School.

(3) Any question or dispute as to the value for the purposes of this paragraph of any board and residence shall be decided by the Minister, whose decision shall be final.

7 Evidence of health.

7. —(1) For the purposes of the application of paragraph 24 of the Principal Scheme to a lay literary teacher, the appointed day referredto in that paragraph shall be taken to be the day on which this Scheme comes into force, and that paragraph shall be construed and have effect accordingly.

(2) No pension, gratuity, or payment on death shall be paid under the Principal Scheme (as amended by the amending Scheme and this Scheme) to or in respect of any lay literary teacher who was under the age of fifty-five years on the 1st day of April, 1941, unless such lay literary teacher shall have, within twelve months after the date upon which this Scheme comes into force, furnished to the Minister satisfactory evidence of his health and physical fitness and at his own expense submitted to such medical examination as the Minister, with the concurrence of the Minister for Finance, may direct.

8 Pensionable service.

8. —(1) In the case of every person who—

(a) was a teacher on the 1st day of April, 1941, or

(b) though not a teacher on that date, served as a teacher or as a lay literary (pre-1941) teacher at any time during the period which began on the 1st day of April, 1936, and ended on the 31st day of March, 1941,

two-thirds of every period ending before the 1st day of April, 1941, during which such person was employed full-time as a lay literary (pre-1941) teacher shall be pensionable service for the purposes of the Principal Scheme.

(2) In the case of a person who was a provisionally recognised lay literary teacher on the 1st day of April, 1941, every period beginning on or after the 1st day of April, 1941, during which such person actually served as a provisionally recognised lay literary teacher shall be pensionable service for the purposes of the Principal Scheme, if, but only if, such person served as a teacher immediately after his said period, or the last of his said periods, of service as a provisionally recognised lay literary teacher.

9 Literary teachers over the retiring age.

9. A person who is, on the date on which this Scheme comes into force, a lay literary teacher and is, on that date, over the age of sixty-five years in the case of a man or of sixty years in the case of a woman, shall, for the purposes of subparagraph (1) of paragraph 11 of the Amending Scheme, be deemed to have continued in the service until the said date with the permission of the Minister.

Given under my Official Seal, this 8th day of September, 1942.

T. Ó DEIRG,

Minister for Education.

I hereby consent to the foregoing Scheme.

SEÁN T. Ó CEALLAIGH,

Minister for Finance.