S.I. No. 20/1923 - Reserve and Transfer Values Regulations, 1923.

SAORSTÁT EIREANN. STATUTORY RULES AND ORDERS. 1923. No. 20.NATIONAL HEALTH INSURANCE.

RESERVE AND TRANSFER VALUES REGULATIONS, 1923.

REGULATIONS DATED 9TH NOVEMBER, 1923, MADE BY THE IRISH INSURANCE COMMISSIONERS, WITH THE CONCURRENCE OF THE MINISTER FOR FINANCE, UNDER THE NATIONAL HEALTH INSURANCE ACTS, 1911 TO 1923.

The Irish Insurance Commissioners, in exercise of the several powers conferred on them by the National Health Insurance Acts, 1911 to 1923, and of all other powers enabling them in that behalf, hereby, with the concurrence of the Minister for Finance, make the following Regulations :—

PART I. General.

1 Short-Title and Interpretation

1.—(1) These Regulations may be cited as the National Health Insurance (Reserve and Transfer Values) Regulations, 1923, and, except as otherwise expressly provided, shall have effect as from the 1st day of January, 1921.

(2) In these Regulations, unless the context otherwise requires :—

" The principal Act " means the National Insurance Act, 1911;

" The Act of 1918 " means the National Health Insurance Act, 1918 ;

" The Act of 1920 " means the National Health Insurance Act, 1920 ;

" The Commissioners " means the Irish Insurance Commissioners ;

" Society " means an approved Society, and includes a branch of a Society, and the Dissolved Societies Fund;

" Date of transfer " means the date on which the insured person terminated his membership of one Society and became a member of another Society, and " transfer " has a corresponding meaning ;

" Age at entry into insurance " means the age attained by the insured person in the calendar year in which he enters into insurance, and the expressions " Age at date of transfer,"

" Age at date of cessation of insurance," " Age at date of marriage " shall have corresponding meanings.

(3) The Interpretation Act, 1889, applies to the interpretation of these Regulations as it applies to the interpretation of an Act of the Oireachtas.

2 Revocation of previous Regulations.

2. The National Health Insurance (Reserve and Transfer Values) Regulations, 1918, the National Health Insurance (Reserve and Transfer Values) Amendment Regulations, 1919, the National Health Insurance (Reserve and Transfer Values) Amendment Regulations, 1920, and the National Health Insurance (Reserve and Transfer Values) Amendment Regulations (No. 2), 1920, are hereby revoked, but without prejudice to any right, privilege, obligation, or liability acquired, accrued, or incurred thereunder.

3 Application to soldiers.

3. For the purposes of these Regulations a soldier in the armed forces of Saorstát Eireann who is a member of a Society or of the Military Forces (International Arrangements) Insurance Fund shall be deemed to be an employed contributor, and the said Fund shall be deemed to be a Society.

4 Adjustments in cases of mistake.

4. If in any case the Commissioners are satisfied that by reason of a mistake on the part of a Society or of an insured person, or for any other reason, the Society has not been credited or debited with the correct sum appropriate to the case in accordance with these Regulations or any Regulations revoked hereby, they may, if they think fit, make such adjustment as in their opinion the circumstances of the case may require.

PART II. Reserve Values.

5 Amount of Reserve Value.

5. Subject as hereinafter provided in this Part of these Regulations, the reserve value, if any, to be credited to a Society in respect of each member who enters into insurance shall be ascertained in accordance with the Table in Part I. of the First Schedule to these Regulations.

6 Reserve Values of women in certain cases.

6.—(1) In the case of a woman who marries but does not cease to have a normal occupation of employment and become qualified to receive benefits under Section 22 (1) of the Act of 1918 within one year of the date of her marriage, the reserve value to be credited to the Society in respect of her shall be ascertained in accordance with the Table in Part II. of the First Schedule to these Regulations.

(2) In the case of a woman who, after ceasing to have a normal occupation of employment as aforesaid, has become employed within one year from the date of unemployment, the reserve value to be credited to the Society in respect of her shall be the reserve value ascertained in accordance with the Table in Part II. of the First Schedule to these Regulations, the heading " age at date of resuming employment " being substituted for " age at date of marriage " as the heading to the first column of that Table:

Provided that if at the date on which the woman becomes again employed she is a widow, the reserve value to be credited to the Society in respect of her shall be the reserve value appropriate to a widow ascertained in accordance with the Table in Part I. of the said Schedule.

PART III. Transfer Values.

7 Amount of transfer value.

7. Subject as hereinafter provided in this Part of these Regulations, the transfer value, in respect of an insured person who transfers from one Society to another, shall be, in the case of a person to whom the Table in Part I. of the Second Schedule to these Regulations applies, the amount appropriate to his age at entry into insurance and to the period which has elapsed between that date and the date of transfer, as shown in the Table, and in the case of a person to whom the Table in Part II. of the said Schedule applies, the amount appropriate to his age at the date of transfer as shown in the Table.

8 Transfer values of married women.

8.—(1) In the case of a married woman who, being a person whose normal occupation is not employment within the meaning of Section 22 of the Act of 1918, transfers from one Society to another wthin two years after marriage, the transfer value, if any, shall be such sum as the Commissioners may consider proper.

(2) In the case of a woman who, having married since the date of entry into insurance and having continued to be an employed contributor up to the date of transfer, transfers from one Society to another within one year after marriage, the transfer value shall be the sum of £2 10s. 0d.

PART IV. Miscellaneous Provisions.

9 Amount to be credited to Fund under Section 15 of Act of 1918.

9. If a member of a Society ceases to be an insured person, the transfer value, if any, to be carried to the Reserve Suspense Fund in respect of him shall be ascertained in accordance with the Table in the Third Schedule to these Regulations:

Provided that if a scheme for making good a deficiency is in operation pursuant to Section 38 of the principal Act, the Commissioners may make such adjustment to the transfer value as in their opinion the circumstances of the case may require.

10 Amount to be credited to Fund under Section 22 (5) of Act of 1918.

10. The amount to be debited to a Society and credited to the Reserve Suspense Fund under Section 22 (5) of the Act of 1918 on the marriage of a woman who is a member of the Society shall be £1 14s. 0d.

11 Amount to be credited to Fund under the Second Schedule to the Act of 1920.

11. On the attainment of the age of seventy by an insured person who is a member of a Society, the sum to be transferred to the Reserve Suspense Fund shall be £2 14s. 0d. in the case of a man, and £3 0s. 0d. in the case of a woman:

Provided that no sum shall be transferred in respect of a person who entered into insurance in the calendar year in which he attained the age of seventy.

PART V. Transitional Provisions.

12 Transitional Provisions.

12.—(1) If a person was a member of a Society on 31st December, 1920, a reserve value shall be credited to the Society in respect of him in accordance with the Table in the Fourth Schedule to these Regulations.

(2) The foregoing provision shall not apply in the case of a woman who, having entered into insurance before marriage, (a) was qualified on the 31st December, 1920, to receive benefits under Section 22 (1) of the Act of 1918, or (b) married in 1920 and continued to have a normal occupation of employment until the said date.

(3) In addition to the reserve values ascertained under paragraph (1) of this Article there shall be credited to the Society an amount obtained by multiplying the sum of 16s. by the number of women members who married in 1920.

(4) If a person was a member of a Society on the 31st December, 1918, and had attained the age of seventy on or before that date, the sum to be debited to the Society and credited to the Reserve Suspense Fund in respect of him in accordance with the provisions of paragraph (2) of the Second Schedule to the Act of 1920 shall be 6s. Where the date of attaining the age of seventy was after the 31st December, 1918, and not later than the 31st December, 1920, the amount to be so debited and credited shall be £2 0s. 0d.

(5) The debits and credits to be made under this Article shall be made as at 31st December, 1920.

(6) Article 21 of the National Health Insurance (Reserve and Transfer Values) Regulations, 1918, is hereby revoked as from the 1st day of January, 1919.

(7) The provisions of Article 6 (1) of these Regulations shall apply to a woman in whose case the period of one year from the date of marriage terminated in 1921.

First Schedule.

Second Schedule.

PART I.

TRANSFER VALUES APPLICABLE TO PERSONS TRANSFERRING WITHIN TWO YEARS OF ENTRY INTO INSURANCE.

PART II.

TRANSFER VALUES APPLICABLE TO PERSONS TRANSFERRING TWO YEARS AND UPWARDS AFTER ENTRY INTO INSURANCE.

Third Schedule.

TRANSFER VALUES APPLICABLE TO PERSONS CEASING TO BE INSURED.

Fourth Schedule.

RESERVE VALUES APPLICABLE TO PERSONS IN INSURANCE ON 31ST DECEMBER, 1920.

Given under the Official Seal of the Irish Insurance Commissioners this 9th day of November, in the year One Thousand nine hundred and twenty-three.

PIERCE KENT,

A person authorised by the Irish Insurance Commissioners to act on behalf of their Secretary.