S.I. No. 321/1971 - Superannuation (Reckoning of Teaching Service) Regulations, 1971.

S.I. No. 321 of 1971.

SUPERANNUATION (RECKONING OF TEACHING SERVICE) REGULATIONS, 1971.

I, SEOIRSE Ó COLLA, Minister for Finance, in exercise of the powers conferred on me by section 21 of the Superannuation Act, 1936 (No. 39 of 1936), hereby make the following regulations:

1. These Regulations may be cited as the Superannuation (Reckoning of Teaching Service) Regulations, 1971.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. (1) In these Regulations—

" The 1937 Regulations " means the Superannuation (Reckoning of Teaching Service) Regulations, 1937;

" the 1939 Regulations " means the Superannuation (Reckoning of Teaching Service) Regulations, 1939;

" the 1951 Regulations " means the Superannuation (Reckoning of Teaching Service) Regulations, 1951 ( S.I. No. 327 of 1951 .);

" the 1956 Regulations " means the Superannuation (Reckoning of Teaching Service) Regulations, 1956 ( S.I. No. 218 of 1956 .).

(2) Any expression or word used in these Regulations which was given a particular meaning by the 1937 Regulations or the 1939 Regulations has in these Regulations the meaning given to it by the 1937 Regulations or the 1939 Regulations (as may be appropriate).

4. Paragraph (1) of Regulation 3 of the 1939 Regulations is hereby amended by the insertion after " preparatory college " of " or in a comprehensive school ".

5. (1) Paragraph (2) of Regulation 12 of the 1939 Regulations is hereby amended by the insertion of " or a preparatory college teacher " after " registered secondary teacher ".

(2) In the case of a person referred to in paragraph (2) of Regulation 12 of the 1939 Regulations by virtue of the amendment made by the foregoing paragraph—

(a) the reference in paragraph (a) of Regulation 4 of the 1939 Regulations to such time as shall be prescribed in that be half by the Minister shall be construed as a reference to the three months commencing on the date of the making of these Regulations, and

(b) the contributions payable to the Minister shall be a contribution of £15 and an additional contribution of £5, both payable in respect of each year of service as a preparatory college teacher, together with compound interest on both at the rate of 3% per annum calculated from a date three months after the date on which the person is notified of his eligibility to pay the contributions up to the date of payment.

6. Where, on the date of the making of the 1956 Regulations, a person could, by virtue of Regulation 4 of the 1939 Regulations as amended by Regulation 5 (2) of the 1956 Regulations, have been allowed, under section 21 of the Act, to reckon teaching service as established service in the Civil Service if—

(a) he had applied to the Minister on that date to be so allowed to reckon that service as such established service, and

(b) that date had been within three months after his becoming an inspector or organizer,

such person may be so allowed to reckon that service as such established service provided that—

(i) within the three months commencing on the date of the making of these Regulations, he applies to the Minister to be so allowed to reckon that service as such established service, and

(ii) either—

(I) in the case of a person who was a member of the Secondary Teachers Superannuation Scheme, 1929 ( S.R. & O. No. 19 of 1929 ), and who has not with drawn his contributions to the Secondary Teachers Pension Fund, he authorises the transfer of those contributions from that Fund to the Minister and pays an additional contribution equal to the additional contribution which would have been payable by him in respect of his actual service as a preparatory college teacher if he had continued to serve as such up to the 1st day of August, 1950, and had elected to pay additional contributions under the Secondary Teachers' Superannuation (Amendment) Scheme, 1951 ( S.I. No. 48 of 1951 .), together with compound interest on such additional contributions at the rate of 3% per annum calculated from a date three months after the date on which he is notified of his eligibility to pay the additional contribution up to the date of payment, or

(II) in any other case, he pays contributions equal to the contributions prescribed under Regulation 11 of the 1951 Regulations with compound interest where appropriate under that Regulation, together with, where appropriate, the contributions prescribed under Regulation 9 of the 1951 Regulations.

7. In the case of a person—

(a) to or in respect of whom a superannuation award was made before the making of these Regulations, and

(b) to whom, at the time of the award and if these Regulations had then been in force, the 1939 Regulations would have applied,

the following provision shall have effect: the award shall be reassessed and shall have effect accordingly, as if these Regulations had been in force when it was made.

GIVEN under my Official Seal, this 30th day of November, 1971.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations amend the existing provisions governing the superannuation of inspectors or organizers in the Department of Education who prior to their appointment had service as teachers by providing—

(1) that comprehensive school teachers who become inspectors or organizers may reckon their service on the same terms as secondary school teachers, and

(2) that certain inspectors who prior to their appointment had Preparatory College teaching service and who due to technical reasons were unable to reckon such service for civil service superannuation up to the present will now be able to do so.