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Gratuities to former secretaries and certain former employees of approved societies.
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22.—(1) Every person who—
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(a) was on the 30th day of June, 1932, the holder of a qualifying post under an approved society, and
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(b) was the holder of a qualifying post under an approved society immediately before the date of transfer in respect of such approved society, and
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(c) had immediately before the said date of transfer at least one completed year of qualifying service, and
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(d) was not at the said date of transfer offered permanent employment by the Unified Society at a rate of remuneration which, having regard to the remuneration previously received by him in respect of national health insurance services, is reasonable
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shall, subject to the provisions of this section, be entitled to be paid by the Unified Society compensation under this section.
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(2) The compensation payable to a person entitled to compensation under this section shall be a gratuity and the amount thereof shall be as follows, that is to say:—
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(a) in case such person had less than five completed years of qualifying service, a sum calculated on the basis of one-fifth of his annual remuneration for every completed year of qualifying service;
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(b) in case such person has five or more completed years of qualifying service, a sum calculated on the basis of one-sixth of his annual remuneration for every completed year of qualifying service together with a sum (not exceeding in any case ten-sixths of his annual remuneration) calculated on the basis of one-sixth of his annual remuneration for every two completed years of qualifying service.
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(3) For the purposes of this section the following provisions shall have effect, that is to say:—
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(a) each of the following persons shall be the holder of a qualifying post under an approved society, that is to say:—
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(i) the secretary of such society,
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(ii) a whole-time employee of such society,
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(iii) a part-time employee of such society who proves to the satisfaction of the provisional committee that his earnings from such society were his principal means of livelihood;
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(b) in ascertaining the qualifying service of a person who was the holder of a qualifying post under an approved society immediately before the date of transfer in respect of such society the whole of the period immediately before such date during which such person was the holder of a qualifying post or posts continuously in any approved society or societies and no other period or periods shall be reckoned as qualifying service;
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(c) where a person who was the holder of a qualifying post under an approved society was temporarily absent from such post and during the whole of such absence was engaged in service in any of the following organisations, that is to say, Oglaigh na hEireann (Irish Republican Army), the Irish Volunteers, the Irish Citizen Army, Fianna Eireann, the Hibernian Rifles and Cumann na mBan during the Rising of April and May, 1916, or in any of the military forces serving under the authority of the First Dáil Eireann, the Second Dáil Eireann, or the Provisional Government of Ireland, or in the British Army, Navy, or Air Force, or in either of the opposing forces during the civil strife in the years 1922, 1923, 1924 or was interned or imprisoned in consequence of such service, the following provisions shall have effect for the purposes of this sub-section, that is to say:—
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(i) such person shall be deemed during such temporary absence to have been the holder of a qualifying post under such approved society and the period of such temporary absence shall be reckoned as qualifying service accordingly, and
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(ii) if such person resumed his position as the holder of a qualifying post under such approved society not later than six months after the expiration of the period of such temporary absence, no interval of time shall be deemed to have elapsed between such expiration and such resumption, and
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(iii) if such person resumed his position as the holder of a qualifying post under such approved society within a reasonable time after the expiration of the period of such temporary absence and the delay in such resumption was due to wounds or illness attributable to such service, internment, or imprisonment, or to no vacancy being available in such society, no interval of time shall be deemed to have elapsed between such expiration and such resumption;
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(d) where a person who was the holder of a qualifying post under an approved society was temporarily absent from such post during labour disputes connected with such society, such person shall for the purposes of this sub-section be deemed during such temporary absence to have been the holder of a qualifying post under such society and the period of such temporary absence shall be reckoned as qualifying service accordingly;
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(e) the annual remuneration of a person entitled to compensation under this section shall be taken to be—
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(i) in case such person had at the 30th day of June, 1932, five or more completed years of qualifying service, his average annual remuneration as the holder of a qualifying post or posts under any approved society or societies during the five years ended on the 30th day of June, 1932, and
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(ii) in any other case, his average annual remuneration as the holder of a qualifying post or posts under any approved society or societies during so much of his period of qualifying service as ended on the 30th day of June, 1932,
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and in calculating his average annual remuneration any amount or amounts paid to such person for the provision of clerical assistance or other expenses or by way of bonus shall not be treated as part of his remuneration.
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(4) Where—
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(a) a person who though employed by some other person or body has in the course of such employment been engaged on health insurance work for an approved society, and
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(b) such person ceases to be employed by such other person or body by reason of the transfer of the engagements of such society under this Act, and
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(c) such person, if engaged part-time only on such work for such society, proves to the satisfaction of the provisional committee that the remuneration paid to him by such other person or body in respect of such work was his principal means of livelihood,
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such person shall, for the purposes of this section, be deemed in respect of every period during which he was engaged on such work for such society to have been the holder of a qualifying post under such society, but in calculating under sub-section (3) of this section his average annual remuneration as the holder of a qualifying post under such society no payments, other than payments in respect of such work for such society, shall be taken into account.
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(5) Where—
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(a) a person who was the holder of a qualifying post under an approved society would, but for his being offered at the date of transfer in respect of such society permanent employment by the Unified Society at a rate of remuneration which, having regard to the remuneration previously received by him in respect of national health insurance services is reasonable, be entitled to compensation under this section, and
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(b) such person accepts such offer, and
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(c) such person is dismissed (otherwise than for misconduct or illness) by the Unified Society within five years after the said date of transfer,
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such person may apply to the Minister for a declaration that he is entitled to compensation under this section and thereupon the Minister may, if he thinks it reasonable in all the circumstances of the case so to do, declare such person entitled to compensation under this section and upon such declaration being made such person shall, notwithstanding paragraph (d) of sub-section (1) of this section, be entitled to be paid by the Unified Society compensation under this section.
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(6) Where a person entitled to compensation under this section is offered and accepts temporary employment by the Unified Society, he shall not be entitled to be paid such compensation until he has ceased to be employed by the Unified Society.
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(7) Where compensation has been paid under this section to a person who, immediately before the date of transfer in respect of an approved society, was the holder of a qualifying post under such society and such person within three years from the said date of transfer is offered and accepts permanent employment with the Unified Society, such person shall repay to the Unified Society, either as the Minister shall determine, the whole of such compensation or such part thereof as the Minister may fix and any amount so repayable may be paid in instalments extending over such period as the Minister may consider reasonable.
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(8) Any moneys payable by a person to the Unified Society under the immediately preceding sub-section shall be a debt due by such person to the Unified Society and may be recovered as a simple contract debt in a court of competent jurisdiction.
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(9) If any question arises as to the right of any person to compensation under this section or as to the amount of such compensation, such question shall be referred to the Minister, whose decision shall be final.
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