Superannuation Act, 1936

Date of commencement of established service in the case of certain examination entrants.

13.—(1) Any person who has or shall have obtained appointment to an established position in the civil service of Saorstát Eireann by means of a competitive examination held within four years before or within twelve months after the passing of this Act and confined to certain persons who have been re-instated or have been offered re-instatement in unestablished or temporary posts shall, whenever the period of his service in the civil service of Saorstát Eireann is being determined for the purposes of the Superannuation Acts, be deemed to have served in an established position in the said civil service (whether he was or was not serving in the said civil service in any capacity) as on and from such date prior to his said appointment to an established position, but not earlier than the 1st day of February, 1926, as the Minister shall direct, and the following periods shall be reckoned as one continuous period of established service in the civil service of Saorstát Eireann for the purposes of the said Acts, that is to say:—

(a) the period beginning on the said date so directed by the Minister and ending on the date of his said appointment to an established position in the said civil service, and

(b) the period of his continuous established service in the said civil service subsequent to the date of his said appointment to an established position.

(2) Where a person to whom the foregoing sub-section of this section would have applied if he had been in the civil service of Saorstát Eireann at the passing of this Act has, before such passing, retired on the ground of age or ill-health from or died while in that civil service, the following provisions shall have effect, that is to say:—

(a) the said sub-section shall be deemed to have applied to such person immediately before his said retirement or death (as the case may be), and

(b) such direction as is mentioned in the said sub-section may be given by the Minister after the passing of this Act and if so given shall have effect as on and from the retirement or death (as the case may be) of such person, and

(c) if the period of such person's service in the civil service of Saorstát Eireann has been determined for the purposes of the Superannuation Acts before the passing of this Act it shall be re-determined having regard to this section, and any superannuation allowance, gratuity, or benefit under the said Acts granted to such person before the passing of this Act shall be adjusted or varied accordingly as from his said retirement or death.