S.I. No. 45/1967 - National School Teachers' Superannuation (Amendment) Scheme, 1967.

S.I. No. 45 of 1967.

NATIONAL SCHOOL TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1967.

I, DONNCHADH Ó MÁILLE, Minister for Education, in exercise of the power conferred on me by section 6 of the Teacher's Superannuation Act, 1928 (No. 32 of 1928), hereby, with the consent of the Minister for Finance, make the following scheme:

1. This Scheme may be cited as the National School Teachers' Superannuation (Amendment) Scheme, 1967.

2. In this Scheme " the Principal Scheme " means the National School Teachers' Superannuation Scheme, 1934 ( S. R. & O. No. 23 of 1934 ).

3. This Scheme and the National School Teachers' Superannuation Schemes, 1934 to 1964, may be cited together as the National School Teachers' Superannuation Schemes, 1934 to 1967.

4. The National School Teachers' Superannuation Schemes, 1934 to 1967, shall be construed as one.

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

6. This Scheme shall come into force immediately upon its confirmation by resolution of each House of the Oireachtas.

7. The Principal Scheme is hereby amended by the insertion in paragraph 9 after " Minister for Finance " of " and such consent may, as the Minister for Finance thinks fit, be given in respect of particular case or a class of cases ".

8. Paragraph 10 of the Principal Scheme is hereby amended by the insertion after subparagraph (2) of the following:

" (2A) If in relation to any person the total number of years in respect of which pension has been granted under the Secondary School Teachers' Superannuation Schemes, 1929 to 1966, or the Local Government (Superannuation) Act, 1956 (No. 10 of 1956), and the years of pensionable service under the National School Teachers' Superannuation Schemes, 1934 to 1964, exceeds forty by any number that number of years of service under the said Schemes shall be disregarded in the calculation of a pension."

9. (1) Paragraph 7 of the National School Teacher's Superannuation (Amendment) (No. 2) Scheme, 1940 ( S. R. & O. No. 272 of 1940 ), is hereby revoked.

(2) Paragraph 8 of the National School Teachers' Superannuation (Amendment) Scheme, 1948 ( S.I. No. 423 of 1948 ), is hereby revoked with effect from the 1st day of January, 1965.

10. (1) One-half of any period during which a teacher to whom this paragraph applies was employed in a whole-time capacity in the employment of the Irish Folklore Commission shall be pensionable service for the purposes of the Principal Scheme.

(2) This paragraph applies to a teacher who re-entered the service on or before the 5th day of November, 1951, and who at the time of such re-entry had not less than three years' continuous service in a whole-time capacity in the employment of the Irish Folklore Commission.

11. Paragraph 22 of the Principal Scheme is hereby amended by the substitution for subparagraph (2) of the following:

" 2 (a) In the case of a claimant who is of unsound mind or otherwise unable in the opinion of the Minister to make the claim, the claim may be made by any person on his behalf.

(b) In the case of a teacher who dies within twelve months of retirement without making the claim, the claim may be made by the legal personal representative.

(c) In any case not mentioned in clause (a) or (b) the claim shall be made by the claimant personally."

GIVEN under my Official Seal, this 1st day of March, 1967.

DONNCHADH Ó MÁILLE.

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 1st day of March, 1967.

CHARLES J. HAUGHEY.

EXPLANATORY NOTE.

This Scheme (1) removes abatement of pension where teacher is employed otherwise than as a National Teacher; (2) provides that where a person has a pension as a secondary or vocational teacher, the number of years' service reckonable for pension under the Schemes cannot, when added to the number of years' service on which the previous pension was based, exceed forty; (3) provides for payment of pension for period of entitlement if a teacher dies before applying for pension and (4) permits a person who re-entered national teaching service on or before 5/11/1951 to reckon for superannuation one-half of his whole-time service with the Irish Folklore Commission.