S.I. No. 322/1949 - Secondary Teachers' Superannuation (Amendment) Scheme, 1949.

S.I. No. 322 of 1949.

SECONDARY TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1949.

I, RISTEARD UA MAOLCHATHA, 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. This Scheme may be cited as the Secondary Teachers' Superannuation (Amendment) Scheme, 1949, and the Secondary Teachers' Superannuation Schemes, 1929 to 1947, and this Scheme may be cited together as the Secondary Teachers' Superannuation Schemes, 1929 to 1949.

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

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

4. (1) In this Scheme the expression " the Principal Scheme " means the Secondary Teachers' Superannuation Scheme, 1929 ( S. R. & O. No. 19 of 1929 ), as amended by the Secondary Teachers' Superannuation (Amendment) Scheme, 1932 ( S. R. & O. No. 54 of 1932 ), the Secondary Teachers' Superannuation (Amendment) Scheme, 1933 ( S. R. & O. No. 107 of 1933 ), the Secondary Teachers' Superannuation (Amendment) Scheme, 1935 ( S. R. & O. No. 48 of 1935 ), the Secondary Teachers' Superannuation (Amendment) Scheme, 1942 ( S. R. & O. No. 141 of 1942 ) and the Secondary Teachers' Superannuation (Amendment) Scheme, 1947 ( S. R. & O. No. 358 of 1947 ).

(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. Subrule (3) of rule 3 of the Schedule to the Principal Scheme is hereby amended by the addition, immediately after subparagraph (ii), (which subparagraph was inserted by paragraph 6 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1947 ( S. R. & O. No. 358 of 1947 ) ), of the following—

" Provided that :

(A) Where a teacher retires from approved teaching service on or subsequent to the 1st day of September, 1946, and the period of three years for the calculation of the average of such teacher's standard salary for the purpose of a grant of pension under the Principal Scheme includes a period of time before that date, the average of the standard salary of such teacher shall, subject to paragraph (B) of this subrule, be calculated as if the new scales of incremental salary introduced as on the 1st day of September, 1946, had been in operation during the entire period of the said three years ;

(B) a teacher who desires that the average of his standard salary for the purpose of a grant of pension should be calculated under paragraph (A) of this subrule, shall pay to the pension fund, on his retirement or within such time thereafter as the Minister, with the consent of the Minister for Finance, may decide in any particular case, a contribution equal to four per cent. of the difference between the amount of the incremental salary which he received in respect of the period for the calculation of the average of his standard salary and the amount of the incremental salary in respect of that period reckoned, in relation to him, in accordance with paragraph (A) of this subrule."

6. Where a pension was granted before the coming into force of this Scheme to or in respect of a teacher who retired on or after the 1st day of September, 1946, it shall be revised and shall be calculated and, subject to paragraph (b) of subrule (3) of Rule 3 of the Principal Scheme as amended by this Scheme, shall be payable as if this Scheme had been in force on the date of the event by reason of which it was granted.

GIVEN under my Official Seal, this 14th day of November, 1949.

RISTEARD UA MAOLCHATHA,

Minister for Education.

I consent to the foregoing Scheme.

P. McGILLIGAN,

Minister for Finance.