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Reckoning of established service in certain cases of ill-health.
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10.—(1) If the Minister, within two years after the passing of this Act—
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(a) certifies in writing under his hand that a particular person ceased to be employed in an established position in a civil service to which re-instatement under this Act applies and so ceased solely for political reasons and was subsequently appointed to an unestablished position in the civil service of Saorstát Eireann, and that the said appointment of such person to a position in the said civil service was made to an unestablished position solely because, by reason of such person's ill-health, he could not lawfully be appointed to an established position in the said civil service, and
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(b) by such certificate directs that this section shall apply to the determination for the purposes of the Superannuation Acts of the period of service of such person in the civil service of Saorstát Eireann,
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then and in such case, whenever the period of service of such person in the civil service of Saorstát Eireann is being determined for the purposes of the said Acts, sub-section (3) of this section shall apply and have effect in relation to such determination.
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(2) Such certificate as is mentioned in the first sub-section of this section may be given in respect of a person notwithstanding that such person, before the giving of such certificate and either before or after the passing of this Act, has retired on the ground of age or ill-health from the civil service of Saorstát Eireann or has died while in that civil service and, where such certificate is so given in respect of a person who has so retired or died, the following provisions shall have effect, that is to say:—
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(a) if the period of service of such person in the civil service of Saorstát Eireann has been determined for the purposes of the Superannuation Acts before the giving of such certificate, it shall be re-determined in consequence of such certificate, and
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(b) sub-section (3) of this section shall apply and have effect in relation to the determination or re-determination of the said period of service for the purposes of the said Acts, and
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(c) such superannuation allowance, gratuity, or other benefit under the Superannuation Acts as is appropriate to such person's service, as determined or re-determined for the purposes of the said Acts in consequence of such certificate, may be granted under the said Acts to or in respect of such person as from his said retirement or death (as the case may be).
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(3) Whenever the period of service in the civil service of Saorstát Eireann of a person in respect of whom a certificate has been given by the Minister under this section is being determined or re-determined for the purposes of the Superannuation Acts, the following provisions shall have effect, that is to say:—
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(a) the continuous service of such person in the civil service of Saorstát Eireann from and after the date of the appointment mentioned in the said certificate to an unestablished position in the said civil service, shall be reckoned for the purposes of the Superannuation Acts as established service in the said civil service, and
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(b) the following periods shall be reckoned as one continuous period of established service of Saorstát Eireann, that is to say:—
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(i) the period (if any) of such person's employment in an established position in a civil service to which re-instatement under this Act applies, and
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(ii) so much as the Minister shall in the said certificate direct of the period from the date of the cesser of employment mentioned in the said certificate to the date of the said appointment (similarly mentioned) to an unestablished position in the civil service of Saorstát Eireann, and
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(iii) the period of service which, by virtue of the foregoing paragraph (a), is reckonable for the purposes of the Superannuation Acts as established service in the civil service of Saorstát Eireann, and
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(c) such person shall in other respects be treated for the purposes of the Superannuation Acts as a civil servant within the meaning of those Acts.
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(4) It shall not be lawful by virtue of this section to reckon for the purposes of the Superannuation Acts any service rendered by a person in any civil service before he attained the age of sixteen years.
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