S.I. No. 107/1933 - Secondary Teachers' Superannuation (Amendment) Scheme, 1933.

STATUTORY RULES AND ORDERS. 1933. No. 107.

SECONDARY TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1933.

WHEREAS it is enacted by section 2 of the Teachers' Superannuation Act, 1928 (No. 32 of 1928), that the Minister for Education may, with the consent of the Minister for Finance, prepare in relation to any particular class or classes of teachers, a scheme (in that Act referred to as a superannuation scheme) with the object of providing pensions and gratuities for, or in respect of the class or classes of teachers to whom such scheme applies and (subject to confirmation thereof under that Act), carry such scheme into execution, and that different superannuation schemes may be prepared and (subject as aforesaid) be carried into execution by the Minister for Education in relation to different classes of teachers :

AND WHEREAS it is enacted by section 5 of the said Act that no superannuation scheme shall come into force unless and until it has been laid before each House of the Oireachtas, and has been confirmed by resolution of each such House :

AND WHEREAS it is enacted by section 6 of the said Act that a superannuation scheme may be revoked or amended by a subsequent superannuation scheme made and confirmed in the same manner as the original scheme :

AND WHEREAS the Secondary Teachers' Superannuation Scheme, 1929, was duly made under the said Act, and was confirmed by resolution of Dáil Eireann passed on the 20th day of June, 1929, and by resolution of Seanad Eireann passed on the 20th day of June, 1929 :

AND WHEREAS the said Secondary Teachers' Superannuation Scheme, 1929, was duly amended under the said Act by the Secondary Teachers' Superannuation (Amendment) Scheme, 1932 :

AND WHEREAS it is expedient that the said Secondary Teachers' Superannuation Scheme, 1929, be further amended in the manner hereinafter appearing :

NOW, the Minister for Education, with the consent of the Minister for Finance, testified by his signature hereto, in exercise of the powers conferred on him by the Teachers' Superannuation Act, 1928 (No. 32 of 1928), and of every and any other power him in this behalf enabling, hereby makes the following Scheme, that is to say :—

PART I.PRELIMINARY AND GENERAL.

1. This Scheme may be cited for all purposes as the Secondary Teachers' Superannuation (Amendment) Scheme, 1933, and the Secondary Teachers' Superannuation Schemes, 1929 and 1932, and this Scheme may be cited together as the Secondary Teachers' Superannuation Schemes, 1929 to 1933.

2. This Scheme shall come into force immediately upon its being confirmed by each House of the Oireachtas.

3. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Scheme in like manner as it applies to the interpretation of an Act of the Oireachtas.

4. In this Scheme, the expression " the Principal Scheme " means the Secondary Teachers' Superannuation Scheme, 1929, as amended by the Secondary Teachers' Superannuation (Amendment) Scheme, 1932.

PART II.AMENDMENT OF THE PRINCIPAL SCHEME.

5. The Principal Scheme shall be construed and have effect as if the several provisions thereof mentioned in the first column of the Schedule to this present Scheme were respectively amended in the manner set out in the second column of the said Schedule opposite each such provision respectively.

PART III.SPECIAL PROVISIONS IN RELATION TO PERSONS WHO ARE PREPARATORY COLLEGE TEACHERS BEFORE THE 1ST DAY OF NOVEMBER, 1933.

6.—(1) Save as otherwise expressly provided, expressions and words used in this Part of this Scheme which are also used in the Principal Scheme, as amended by paragraph 5 of this Scheme, have in this Part of this Scheme the same meanings respectively as they have in the Principal Scheme as so amended.

(2) In this Part of this Scheme, the expression " standard salary " in relation to a Preparatory College teacher means the sum of the following amounts, that is to say :—

(a) the amount of the salary payable to such teacher by the Minister in accordance with the appropriate salary scales for Preparatory College teachers for the time being approved by the Minister for Finance, and

(b) the amount determined by the Minister, with the approval of the Minister for Finance, to be the monetary value of the board and residence (if any), provided for such teacher by the Minister as part of his emoluments, and

7. A person who complies with the following conditions, namely :—

(a) was a Preparatory College teacher at any time before the 1st day of November, 1933,

(b) in case he was aged thirty years or less on the appointed day, and was not previously a member of the Principal Scheme, provides proof of his health and physical fitness and submits to such medical examination at his own expense as the Minister for Finance may direct,

(d) is not at the date of his application a member of the Principal Scheme,

may after the 31st day of October, 1933, and before the 1st day of February, 1934, send to the Minister, in case he was not previously a member of the Principal Scheme, an application for admission to membership of the Principal Scheme, or, in case he was previously a member of the Principal Scheme, an application for re-admission to membership of the Principal Scheme, and upon such application being made the following provisions shall, notwithstanding anything in the Principal Scheme, have effect, that is to say :—

(1) such person, if not previously a member of the Principal Scheme, shall be deemed to have been admitted to membership of the Principal Scheme on the appointed day, or the date of commencement of his service as a Preparatory College teacher, whichever is the later date, or, if previously a member of the Principal Scheme, shall be deemed to have been re-admitted to membership of the Principal Scheme on the date of commencement of his service as a Preparatory College teacher ;

(2) the Principal Scheme, as amended by paragraph 5 of this Scheme, shall be deemed to have applied in respect of such person as from the date on which he is deemed to have been so admitted or re-admitted to membership of the Principal Scheme, subject as regards the period (in this paragraph referred to as the intermediate period), commencing on the date on which he is deemed to have been so admitted or re-admitted to membership of the Principal Scheme, and ending on the 31st day of October, 1933, to the following modifications, that is to say :—

(i) if such person during the intermediate period ceased to be engaged in approved teaching service, and subsequently re-entered on approved teaching service, he shall be deemed to have made on the date of such re-entry an application under paragraph 9 of the Principal Scheme,

(ii) paragraph 13 of the Principal Scheme shall not apply during the intermediate period in respect of such person;

(3) for the purpose of the application of sub-paragraph (2) of paragraph 8 of the Principal Scheme, and Rules 2 and 3 of the Schedule to the Principal Scheme, but no further or otherwise, such person, if he is not an existing recognised teacher, shall be deemed to be an existing recognised teacher.

(4) If, but only if, the following provisions are complied with, that is to say—

(i) there is before the 1st day of May, 1935, paid into the pension fund by such person, in respect of every quarter, in the intermediate period, during which such person was engaged in teaching service as a Preparatory College teacher, a contribution at the rate of one pound per cent. of such person's standard salary, together with compound interest at the rate of three pounds per cent., per annum, on such contribution as from the expiration of such quarter, and

(ii) there is before the 1st day of May, 1935, paid into the pension fund by the Minister, in respect of every school year, in the intermediate period, during which such person was engaged in teaching service as a Preparatory College teacher, a contribution as follows, that is to say, in case such person is a male, the sum of five pounds, or, in case such person is a female, the sum of four pounds and ten shillings, or, if the period of teaching service of such person as a Preparatory College teacher in such school year was less than twelve months, a sum which bears, in case such person is a male, to five pounds, or, in case such person is a female, to four pounds and ten shillings, the same proportion as the period of such service bears to twelve months, together with compound interest at the rate of three pounds per cent., per annum, on such contribution as from the expiration of such year,

then every period of teaching service as a Preparatory College teacher given by such person during the intermediate period, shall be deemed for the purposes of the Principal Scheme to be contributing service.

(5) The pension (if any) payable to such person under the Principal Scheme shall commence on whichever is the later of the following dates, namely, the date of the coming into force of this Scheme, and the date on which such person retires from approved teaching in circumstances entitling such person to a pension.

8. Where a person who was admitted to membership of the Principal Scheme at any time before the 1st day of November, 1933, was at any time during the period (in this paragraph referred to as the pre-membership period) commencing on the appointed day and ending on the date of such admission engaged in teaching service as a Preparatory College teacher, then if the following provisions are complied with, that is to say :—

(a) there is before the 1st day of May, 1935, paid into the pension fund by such person, in respect of every quarter, in the pre-membership period, during which such person was engaged in teaching service as a Preparatory College teacher, a contribution at the rate of one pound per cent. of such person's standard salary, together with compound interest at the rate of three pounds, per cent., per annum, on such contribution as from the expiration of such quarter, and

(b) there is before the 1st day of May, 1935, paid into the pension fund by the Minister in respect of every school year, in the pre-membership period, during which such person was engaged in teaching service as a Preparatory College teacher, a contribution as follows, that is to say, in case such person is a male, the sum of five pounds, or, in case such person is a female, the sum of four pounds ten shillings, or, if the period of teaching service of such person as a Preparatory College teacher in such school year was less than twelve months, a sum which bears, in case such person is a male, to five pounds, or, in case such person is a female, to four pounds and ten shillings, the same proportion as the period of such service bears to twelve months, together with compound interest at the rate of three pounds per cent., per annum, on such contribution as from the expiration of such year,

then every period of teaching service as a Preparatory College teacher given by such person during the pre-membership period shall be deemed for the purposes of the Principal Scheme to be contributing service.

Given under my Seal of Office this 25th day of September, 1933.

T. Ó DEIRG,

Minister for Education.

I consent to the foregoing Scheme.

SEÁN MACENTEE,

Minister for Finance.

SCHEDULE.

AMENDMENTS OF THE PRINCIPAL SCHEME.

Provisions of the Principal Scheme	How amended
Paragraph 3.	(a) By the insertion before the definition of the expression " the Incremental Salary Rules " of a new definition as follows :
Paragraph 3.	" The expression 'Preparatory College teacher' means a person recognised by the Minister as a Principal or Vice-Principal, or as a full-time teacher in a Preparatory College established by the Minister for the purpose of providing a course of secondary education for young persons who wish to prepare themselves for admission to a Training College with a view to becoming teachers in primary schools."
(b) By the insertion in the definition of the expression " approved teaching service " of the words " and also includes, for the purposes of this Scheme, but no further or otherwise, service as a Preparatory College teacher," after the words " shall not apply."
Paragraph 4.	By the insertion at the end of the paragraph of the words " and service as a Preparatory College teacher shall be reckoned in the computation of the number of years of approved teaching service."
Paragraph 5.	By the insertion at the end of the paragraph of a new sub-paragraph as follows :—
" (a) a person (in this Scheme referred to as a future Preparatory College teacher to whom this Scheme applies) who is not a Preparatory College teacher before the 1st day of November, 1933, but who on or after the said 1st day of November, 1933, becomes a Preparatory College teacher."
Paragraph 6.	By the insertion at the end of the paragraph of a new sub-paragraph as follows :—
	" (5) A person who is a future Preparatory College teacher to whom this Scheme applies, and who at the date of his application for admission to membership complies with the following conditions, namely :
	(a) is aged twenty-one years or upwards ;
	(b) is a Preparatory College teacher ;
	(c) if over fifty years of age on the appointed day has approved teaching service for not less than five of the ten years immediately preceding the appointed day ;
(d ) in the case of a person not over thirty years of age, or a person over that age who has not at least one year's approved teaching service before the appointed day, provides proof of his health and physical fitness, and submits to such medical examination at his own expense as the Minister for Finance may direct."
Paragraph 7 (2)	By the insertion of the words or a future Preparatory College teacher to whom this Scheme applies," after the words " a future teacher to whom this Scheme applies."

SCHEDULE—continued.

Provisions of the Principal Scheme	How amended
Paragraph 8 (1)	By the insertion of the words "or a future Preparatory College teacher to whom this Scheme applies," after the words "a future teacher to whom this Scheme applies."
Paragraph 8 (2)	(a) By the deletion of the words " and every future teacher to whom this Scheme applies," and the insertion in lieu thereof of the words " every future teacher to whom this Scheme applies, and every future Preparatory College teacher to whom this Scheme applies."
(b) by the deletion of the words " or a future teacher to whom this Scheme applies," and the insertion in lieu thereof of the words " a future teacher to whom this Scheme applies, or a future Preparatory College teacher to whom this Scheme applies."
Paragraph 12.	By the insertion at the end of the paragraph of the words " and the expressions ' basic salary,' and ' incremental salary ' have the respective meanings assigned to them by Rule 1 of the Scheme hereto."
Paragraph 13.	By the insertion at the end of the paragraph of a new sub-paragraph, as follows :—
" (3) There shall be paid to the pension fund by the Minister in respect of every Preparatory College teacher who is an existing member during any school year (other than a school year commencing prior to the 1st day of August, 1933), at the expiration of such school year an annual contribution (in this scheme also referred to as the school's contribution), at the rate of two pounds and ten shilling per cent. of the basic salary of such teacher in respect of his period of service as a Preparatory College teacher."
Schedule. Rule 1.	By the deletion of the definition of the expression " incremental salary," and the insertion in lieu thereof of a new definition as follows :—
	" The expression ' incremental salary ' means :—
	(a) when used in relation to a person other than a Preparatory College teacher, the annual sum payable to a teacher under the Incremental Salary Rules, and
	(b) when used in relation to a Preparatory College teacher the sum of the following amounts less the basic salary of such teacher, that is to say :—
	(i) the amount of the salary payable to such teacher by the Minister in accordance with the appropriate salary scales for Preparatory College teachers for the time being approved by the Minister for Finance, and
	(ii) the amount determined by the Minister, with the approval of the Minister for Finance, to be the monetary value of the board and residence (if any) provided for such teacher by the Minister as part of his emoluments, and
(iii) the amount (if any) paid to such teacher by the Minister in lieu of such board and residence.

SCHEDULE—continued.

Provisions of the Principal Scheme	How amended
Schedule. Rule 2 (1) (b).	By the deletion of the words " the Incremental Salary Rules," and the insertion in lieu thereof of the words " Rule 1 of this Schedule."
Schedule. Rule 2 (6).	By the deletion of the words " and a future teacher to whom this Scheme applies," and the insertion in lieu thereof of the words " a future teacher to whom this Scheme applies, and a future Preparatory College teacher to whom this Scheme applies."
Schedule. Rule 3 (4).	By the deletion of the words " or a future teacher to whom this Scheme applies," and the insertion in lieu thereof of the words " a future teacher to whom this Scheme applies, or a future Preparatory College teacher to whom this Scheme applies."