S.I. No. 112/1963 - Secondary Teachers' Superannuation (Amendment) Scheme, 1963.

S.I. No. 112 of 1963.

SECONDARY TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1963.

I, PÁDRAIG Ó hIRIGHILE, Minister for Education, in exercise of the powers conferred on me by the Teachers' Superannuation Act, 1928 (No. 32 of 1928), and with the consent of the Minister for Finance, hereby make the following Scheme :

1. This Scheme may be cited as the Secondary Teachers' Superannuation (Amendment) Scheme, 1963, and the Secondary Teachers' Superannuation Schemes, 1929 to 1956, and this Scheme may be cited together as the Secondary Teachers' Superannuation Schemes, 1929 to 1963.

2. This Scheme, other than paragraph 10, shall, on its being confirmed by each House of the Oireachtas, be deemed to have had effect as on and from the 12th day of April, 1960, and paragraph 10 shall, on such confirmation, be deemed to have had effect as on and from the 31st day of July, 1957.

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

4. (1) In this Scheme—

" the Amending Scheme of 1954 " means the Secondary Teachers' Superannuation (Amendment) Scheme, 1954 ( S.I. No. 234 of 1954 );

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

(2) The Secondary Teachers' Superannuation Schemes, 1929 to 1956, and this Scheme, shall be construed together as one Scheme.

5. (1) Subject to subparagraph (2) of this paragraph, a special lump sum (in this Scheme referred to as an ex-gratia grant) may be paid to—

(a) a person to whom a pension under the Principal Scheme was in course of payment on the 1st day of January, 1950, or

(b) the widow of such person.

(2) An ex-gratia grant shall not be paid to—

(a) any person to whom an ex-gratia grant under the Amending Scheme of 1954 was not payable (other than a widow to or in respect of whose husband such a grant was payable),

(b) any person who was in receipt of an incremental salary on the 12th day of April, 1960, or

(c) the estate of a person who dies before receiving payment of an ex-gratia grant.

6. The amount of an ex-gratia grant payable to any person shall be the difference between—

(a) the amount of the ex-gratia grant under the Amending Scheme of 1954 paid to such person, and

(b) the amount of the ex-gratia grant under the Amending Scheme of 1954 that would have been payable to such person if the reference to the 1st day of January, 1935, in clause (a) of subparagraph (2) of paragraph 5 of that Scheme had been a reference to the 1st day of January, 1905.

7. (1) Subject to subparagraph (2) of this paragraph, a contribution of one per cent. of pensionable salary multiplied by the number of completed years of contributing service less the number of years reckoned under subclause (i) of clause (a) of subparagraph (2) of paragraph 5 of the Amending Scheme of 1954 shall be payable to the pension fund and such sum shall be deducted from the ex-gratia grant payable.

(2) A contribution shall not be paid under subparagraph (1) of this paragraph in respect of any year of contributing service which has been deemed to be approved teaching service and contributing service by virtue of paragraph 16 of the Principal Scheme or paragraph 5 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1935 (S. R. & O., No. 48 of 1935).

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

(2) 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.

(3) A person to whom a pension was in course of payment on the 1st day of January, 1950, and who re-enters approvedteaching 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 Secondary Teachers' Superannuation (Amendment) Scheme, 1951 ( S.I. No. 48 of 1951 ), applies.

(4) 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 said Secondary Teachers' Superannuation (Amendment) Scheme, 1951, shall have effect as if the references therein to a retirement gratuity included references to an ex-gratia grant.

(5) An ex-gratia grant shall be reduced by the amount of a payment made under subparagraph (3) of paragraph 7 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1935 (S. R. & O., No. 48 of 1935).

9. Where a person is eligible to receive 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 ex-gratia grant shall be affected in the like manner and to the like extent.

10. Subparagraph (5) of paragraph 11 of the Amending Scheme of 1954 is hereby amended by the insertion after " as amended " of " unless he pays to the pension fund within such period as may be prescribed by the Minister a sum equal to the amount of such gratuity received by him.".

GIVEN under my Official Seal, this seventh day of June, 1963.

P. Ó hIRIGHILE.

I consent to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this seventh day of June, 1963.

SÉAMAS Ó RIAIN.

EXPLANATORY NOTE.

This Amending Scheme provides for the payment of an additional sum by way of ex-gratia grant to Secondary Teachers who were in receipt of pension on the 1st January, 1950.