S.I. No. 234/1954 - Secondary Teachers' Superannuation (Amendment) Scheme, 1954.

S.I. No. 234 of 1954.

SECONDARY TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1954.

I RISTEÁRD 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, hereby make the following Scheme :—

1. This Scheme may be cited as the Secondary Teachers' Superannuation (Amendment) Scheme, 1954, and the Secondary Teachers' Superannuation Schemes, 1929 to 1952, and this Scheme may be cited together as the Secondary Teachers' Superannuation Schemes, 1929 to 1954.

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 Amending Scheme of 1935 " means the Secondary Teachers' Superannuation (Amendment) Scheme, 1935 ( S. R. & O. No. 48 of 1935 ) ;

" the Amending Scheme of 1951 " means the Secondary Teachers' Superannuation (Amendment Scheme), 1951 ( S.I. No. 48 of 1951 ) ;

" the Principal Scheme " means the Secondary Teachers' Superannuation Scheme, 1929 ( S. R. & O. No. 19 of 1929 ), as amended by subsequent Schemes.

(2) The Principal Scheme and this Scheme shall be construed together as one Scheme.

5.—(1) Subject to subparagraph (5) of this paragraph, a special lump sum (in this Scheme referred to as an ex-gratia grant) may be paid to or in respect of any person to whom a pension under the Principal Scheme was in course of payment on the 1st day of January, 1950.

(2) The amount of an ex-gratia grant payable to a person under this paragraph shall be calculated as follows :—

(a) (i) one-thirtieth of his pensionable salary multiplied by a number equal to the number of his completed years of contributing service between the 1stday of January, 1935, and the 31st day of December, 1949, and

(ii) in the case of a person who, in the period between 1st day of January, 1905, and the 31st day of December, 1949, had contributing and non-contributing service or non-contributing service only, one hundredth of his pensionable salary multiplied by a number equal to the number of his completed years of such service in that period diminished by the number of years reckoned under subclause (i) of this clause ;

(b) pensionable salary shall be reckoned in accordance with the provisions governing the pension in course of payment on the 1st day of January, 1950 ;

(c) increases under the Pensions Increase Act, 1950 (No. 3 of 1950), shall not be taken into account ;

(d) the total number of years of service to be included in the calculation shall not exceed forty-five.

(3) A contribution of one per cent. of pensionable salary multiplied by the number of years reckoned under subclause (i) of clause (a) of subparagraph (2) of this paragraph shall be payable to the pension fund and such sum shall be deducted from the ex-gratia grant payable.

(4) A pension which was suspended on the 1st day of January, 1950, shall be deemed for the purposes of this paragraph to have been in course of payment on that date.

(5) Where a person to whom a pension was in course of payment on the 1st day of January, 1950, re-enters approved teaching service after that date, no payment of an ex-gratia grant shall be made to him after such re-entry.

(6) A person to whom a pension was in course of payment on the 1st day of January, 1950, who re-enters approved teaching service after that date shall, on re-admission to membership, pay a contribution of five per cent. per annum of his standard salary in respect of his approved teaching service from the date of such re-admission and the additional contributions in respect of all his contributing service prior to the 1st day of August, 1950, and thereupon such person shall be deemed to be a person to whom Part II of the Amending Scheme of 1951 applies.

(7) In the case of a person to whom an ex-gratia grant or part thereof has been paid and who re-enters membership—

(a) a retirement gratuity or a death gratuity payable subsequent to such re-entry shall be reduced by the amount of the ex-gratia grant paid, and

(b) clause (b) of subparagraph (3) of paragraph 19 of the Amending Scheme of 1951 shall have effect as if the references therein to a retirement gratuity included references to an ex-gratia grant.

(8) An ex-gratia grant shall be reduced by the amount of a payment made under subparagraph (3) of paragraph 7 of the Amending Scheme of 1935.

(9)—(a) An ex-gratia grant shall be paid in such manner as the Minister with the consent of the Minister for Finance may direct.

(b) In the event of the death (whether before or after the confirmation of this Scheme) of a person eligible for an ex-gratia grant, payment of the unpaid amount, if any, may be made to his legal personal representative.

6.—(1) Where a person is eligible to receive a retirement gratuity under the Principal Scheme or an ex-gratia grant and his service for the calculation of pension is affected by the provisions of paragraph 8 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1942 ( S. R. & O. No. 141 of 1942 ), his service for the calculation of the gratuity or the ex-gratia grant shall be affected in like manner and to a like extent.

(2) Where an amount paid to a person under paragraph 23 of the Amending Scheme of 1951 is less than the ex-gratia grant that would be paid to him if he were eligible for such grant under paragraph 5 of this Scheme, a payment equal to the difference between the said amount and the ex-gratia grant may be made to such person or, if such person has died, to his legal personal representative.

7.—(1) The pensionable salary of a teacher to whom Rule 3 of the Schedule to the Principal Scheme applies and who, after the 12th day of March, 1952, retires or dies while serving shall, for the purposes of the said Rule 3, be the sum of—

(a) the annual rate of his standard salary on the last day of his contributing service, less any special increment, and

(b) the average annual amount of any special increment for the three years ending—

(i) if the last day of his contributing service is the last day of a quarter, on that date,

(ii) in any other case, on the last day of the quarter immediately preceding the last day of his contributing service.

(2) This paragraph shall not apply to a person—

(a) whose contributing service ends before the end of the school year in which he reaches the age of sixty-five years unless it ends on his death or unless he is eligible to receive a pension under subclause (ii) of clause (b) of subparagraph (1) of paragraph 18 of the Principal Scheme or a disablement gratuity or a marriage gratuity, or

(b) whose contributing service is less than three years or who, having retired with a pension or gratuity, re-enterscontributing service after the 12th day of March, 1952, but does not complete a further three years' contributing service,

if such person's pensionable salary would be less if calculated under clause (b) of subparagraph (3) of Rule 3 of the Schedule to the Principal Scheme as amended by paragraph 6 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1947 ( S. R. & O. No. 358 of 1947 ).

(3) A pension or other award made before the confirmation of this Scheme shall be revised in accordance with the provisions of this paragraph and payment shall be made accordingly notwithstanding that the teacher to or in respect of whom such pension or other award is payable died before such confirmation.

(4) In this paragraph " special increment " means an increment paid in respect of—

(a) instruction given through the medium of Irish,

(b) an honours degree or a degree or diploma accepted by the Minister as equivalent thereto.

8. A retirement gratuity and a disablement gratuity may be reduced by such amount as the Minister may determine if, in the opinion of the Minister, the retirement resulted from circumstances arising either in whole or in part out of the person's own misconduct or default.

9. If a person to whom a pension under the Principal Scheme is in course of payment enters service in respect of which superannuation or other retiring awards accrue, and under an approved provision his approved teaching service, being contributing or non-contributing service, may be reckoned for the purposes of such superannuation or other retiring awards, the pension shall cease and shall not again become payable unless the Minister is satisfied that the approved provision has not been availed of by such person and no longer applies to such person.

10.—(1) In the case of a person who is an existing member and who has received a lump sum or an ex-gratia grant under the National School Teachers' Superannuation Schemes, 1934 to 1953—

(a) paragraph 5 of the Amending Scheme of 1935 shall not apply, and

(b) any death gratuity which may become payable under the Principal Scheme in respect of such person shall not exceed the amount of the retirement gratuity which could have been paid to such person if he had retired with a pension or a disablement gratuity on the date of his death.

(2) In the case of a person who is an existing member and who has received a disablement gratuity or a marriage gratuity under the National School Teachers' Superannuation Schemes, 1934 to 1953, and who dies without having refunded or made arrangements torefund such gratuity to the Minister pursuant to subparagraph (3) of paragraph 5 of the Amending Scheme of 1935, any death gratuity which may become payable under the Principal Scheme in respect of such person shall not exceed whichever of the following amounts is the greater :

(a) the amount which, when added to the amount of the said marriage gratuity or disablement gratuity, would equal the death gratuity which could have been awarded in respect of such person had his pensionable service as a national school teacher been deemed to be gratuity service, or,

(b) the amount of the retirement gratuity which could have been awarded to such person had he retired with a pension or a disablement gratuity under the Principal Scheme on the date of his death.

11.—(1) Subject to the following subparagraph, this paragraph applies to a member who—

(a) at any time during the period beginning on the 2nd day of September, 1939, and ending on the 11th day of May, 1945, either—

(i) enlisted in the Defence Forces, or

(ii) being an officer of the Reserve or a man of the Reserve, was called out on permanent service, and

(b) at the time of such enlistment or calling out, either—

(i) had rendered approved teaching service, or

(ii) held the academic qualifications required for admission to the Register of the Intermediate School Teachers formed under the Intermediate Education (Ireland) Act, 1914, and would, in the opinion of the Minister, have rendered approved teaching service but for inability to obtain an appointment as a teacher in a secondary school, and did, in fact, render such service before the 1st day of August, 1949.

(2) This paragraph shall not apply to—

(a) a soldier or non-commissioned officer who is—

(i) discharged with ignominy from the Defence Forces or discharged from the Defence Forces by sentence of courtmartial, or

(ii) discharged from the Defence Forces for any of the following reasons, namely, wilfully making a false statement on attestation, misconduct, conviction by the civil power, or

(iii) a person who stands dismissed from the Defence Forces under the Emergency Powers (No. 362) Order, 1945 (S. R. & O. No. 199 of 1945), orunder section 13 of the Defence Forces (Temporary Provisions) Act, 1946 (No. 7 of 1946) ;

(b) a commissioned officer who is—

(i) dismissed with ignominy from the Defence Forces or dismissed from the Defence Forces by sentence of courtmartial, or

(ii) dismissed under section 7 of the Defence Forces Act, 1937 (No. 41 of 1937) ;

(c) a person who was granted a permanent commission, unless he was subsequently granted a commission in the Reserve.

(3) Every term of emergency military service given after he had reached the age of twenty-one years by a person to whom this paragraph applies shall be deemed to be approved teaching service and also contributing service for the purposes of the Principal Scheme and, in the case of a person to whom Part II of the Amending Scheme of 1951 applies, to be gratuity service for the purposes of that Scheme.

(4) If the Minister is satisfied that a person to whom this paragraph applies was, during any period commencing immediately after the termination of his term of emergency military service or, if he had more than one such term, the last such term, unable to secure employment as a recognised teacher in a secondary school, the period in respect of which the Minister is so satisfied, or the period of three months, whichever is the lesser, shall be deemed to be approved teaching service and also contributing service for the purposes of the Principal Scheme, and in the case of a person to whom Part II of the Amending Scheme of 1951 applies, to be gratuity service for the purposes of that Scheme.

(5) A person shall not be entitled to reckon the same period of time for the purpose of this paragraph and also for the purpose of a gratuity under the Defence Forces (Pensions) Scheme, 1937 (No. 249 of 1937), as amended.

(6) In this paragraph—

" the Defence Forces Act " means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923) ;

" the Defence Forces " means the forces established under Part I and Part III of the Defence Forces Act ;

" the Reserve " means the Reserve established under Part III of the Defence Forces Act ;

" called out on permanent service " means called out on permanent service in pursuance of section 221 of the Defence Forces Act ;

" term of emergency military service " means a term of membership of the Defence Forces (whether as an officer or as a soldier)

which falls within the period beginning on the 2nd day of September, 1939, and ending on the 31st day of October, 1946, but excluding any term in respect of which the person was not entitled to Army pay and any term after the date of the grant of a permanent commission up to the date of the grant of a commission in the Reserve ;

" permanent commission " means a commission in the Defence Forces other than a temporary commission or a commission in the Reserve.

12. The following definition is hereby substituted for the definition of " the prescribed period " in paragraph 4 of the Amending Scheme of 1951—

" the expression 'the prescribed period ' means such period as may be prescribed by the Minister but not exceeding ten years from the date on which particulars of the arrears of contributions payable are sent to the teacher concerned ; ".

13. Subparagraph (2) of paragraph 5 of the Amending Scheme of 1951 is hereby amended, with effect from the 1st day of August, 1950, by the substitution of " the 31st day of July, 1952 " for " the 31st day of July, 1950 ".

14. Subparagraph (c) of paragraph 17 of the Amending Scheme of 1951 is hereby amended with effect from the 1st day of August, 1950, by the insertion immediately after " deemed " of " under paragraph 16 of the Principal Scheme or ".

15. Paragraph 21 of the Amending Scheme of 1951 is hereby amended with effect from the 1st day of August, 1950—

(a) by the deletion in subparagraph (1) of " but only if",

(b) by the substitution in clause (iii) of subparagraph (1) of " four " for " three",

(c) by the addition at the end of subparagraph (1) of " provided that, if the Minister considers that there are special circumstances in a particular case which warrant such a course, a marriage gratuity may be paid to a person notwithstanding that such person fails to comply with clause (i) or clause (iii) of this subparagraph.", and

(d) by the addition of the following subparagraph :

" (3) Where a person retires with a marriage gratuity and subsequently re-enters approved teaching service, clause (b) of subparagraph (1) of Paragraph 9 of the Principal Scheme shall not, in relation to such person, have effect in respect of the period between the date of such retirement and the first day thereafter on which such person re-enters approved teaching service."

16.—(1) The following paragraph is hereby inserted immediately after paragraph 22 of the Amending Scheme of 1951 :

" 22A. (1) A person to whom this Part of this Scheme applies may, where a retirement gratuity is payable to him, receive as part of that gratuity, in addition to the sum calculated in accordance with subparagraph (1) of paragraph 18 of this Scheme, a sum equal to one-hundredth of his pensionable salary multiplied by a number equal to the number of his completed years of approved teaching service prior to the 1st day of August, 1929.

(2) A person who is eligible to receive an additional sum under paragraph 22 of this Scheme shall not be eligible to receive an additional sum under this paragraph."

(2) The reference in subparagraph (1) of paragraph 19 of the Amending Scheme of 1951 to paragraph 22 of that Scheme shall be deemed to include a reference to paragraph 22A (inserted in the said Scheme by subparagraph (1) of this paragraph).

(3) Subparagraph (1) of this paragraph shall be deemed to have come into operation on the 1st day of August, 1950.

17. Paragraph 23 of the Amending Scheme of 1951 is hereby amended by the substitution of " the 30th day of July, 1952 " for " the 31st day of July, 1950 ".

18. Paragraph 25 of the Amending Scheme of 1951 is hereby revoked with effect from the 1st day of August, 1950.

19. Subparagraph (5) of paragraph 30 of the Amending Scheme of 1951 is hereby amended by the insertion after " Oireachtas " of " other than the Superannuation Acts, 1834 to 1954 (except section 21 of the Superannuation Act, 1936 (No. 39 of 1936) ) ".

GIVEN under my Official Seal, this 30th day of October, 1954.

RISTEÁRD UA MAOLCHATHA,

Minister for Education.

I consent to the foregoing Scheme.

GERARD SWEETMAN,

Minister for Finance.