S.I. No. 141/1942 - Secondary Teachers' Superannuation (Amendment) Scheme, 1942.

STATUTORY RULES AND ORDERS. 1942. No. 141.

SECONDARY TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1942.

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 he original scheme :

AND WHEREAS the Secondary Teachers' Superannuation Scheme, 1929 ( S. R. & O. No. 19 of 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 ( S. R. & O. No. 54 of 1932 ), the Secondary Teachers' Superannuation (Amendment) Scheme, 1933 (S. R. & O., 107 of 1933) and the Secondary Teachers' Superannuation (Amendment) Scheme, 1935 ( S. R. & O. No. 48 of 1935 ) :

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

1 Short title and collective citation.

1. This Scheme may be cited as the Secondary Teachers' Superannuation (Amendment) Scheme, 1942, and the Secondary Teachers' Superannuation Schemes, 1929 to 1935, and this Scheme may be cited together as the Secondary Teachers' Superannuation Schemes, 1929 to 1942.

2 Commencement.

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

3 Application of Interpretation Act, 1937 .

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

4 Definitions.

4. —(1) In this Scheme the expression " the Principal Scheme " means the Secondary Teachers' Superannuation Scheme, 1929 ( S. R. & O. No. 19 of 1929 ), as amended by the Secondary Teachers' Superannuation (Amendment) Scheme, 1932 ( S. R. & O. No. 54 of 1932 ), the Secondary Teachers' Superannuation (Amendment) Scheme, 1933 ( S. R. & O. No. 107 of 1933 ) and the Secondary Teachers' Superannuation (Amendment) Scheme, 1935 ( S. R. & O. No. 48 of 1935 ).

(2) Every word and expression used in this Scheme to which a particular meaning is given by the Principal Scheme for the purposes of that Scheme has in this Scheme the meaning so given to it.

5 Amendment of the Principal Scheme.

5. The Principal Scheme shall be construed and have effect as if the paragraphs and sub-paragraphs mentioned in the first column of the Schedule hereto were respectively amended in the manner set out in the second column of the said Schedule opposite the mention of each such paragraph and sub-paragraph respectively.

6 Amendment of paragraph 5 of the Amending Scheme of 1935.

6. Paragraph 5 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1935 ( S. R. & O. No. 48 of 1935 ), is hereby amended by the deletion of the words " which he may be re-admitted to membership of the Principal Scheme or, in any other case, within twelve months of the date on which he is admitted to membership of the Principal Scheme or of any date on which he may be re-admitted to membership of the Principal Scheme," where they occur in sub-paragraphs (1) and (2), and the substitution therefor of the words " which he makes application to the Minister to be re-admitted to membership of the Principal Scheme, or, in any other case, within twelve months after the date on which he makes application to the Minister to be admitted to membership of the Principal Scheme or after any date on which he makes application to the Minister to be re-admitted to membership of the Principal Scheme."

7 Transfer of contributions from the Secondary Teachers' Superannuation Fund by teachers becoming inspectors or organisers in the Department of Education.

7. Where—

(a) a person became or becomes an inspector or organiser in the Department of Education and was at the date of his becoming such inspector or organiser a member or ex-member of the Principal Scheme, and

(b) such person is allowed under Section 21 of the Superannuation Act, 1936 (No. 39 of 1936) to reckon any of his teaching service as established service in the Civil Service, and

(c) such person has not been repaid from the Secondary Teachers' Superannuation Fund his contributions thereto, such person may authorise the transfer of the said contributions from the said Fund to the Minister for Finance.

8 Pensions of teachers entitled to pensions under the Military Service Pensions Acts, 1924 to 1934.

8. —(1) In this paragraph the expression " teacher's pension " means a pension under the Principal Scheme, and the expression " military pension " means a pension under the Military Service Pensions Acts, 1924 to 1934.

(2) Where a person is entitled to a teacher's pension and also to a military pension, he shall not be entitled to reckon any period of time as both pensionable service for the purpose of such teacher's pension and also as a service period or part of a service period for the purpose of such military pension.

(3) Where a person to whom a teacher's pension is payable becomes entitled to a military pension and any period of time which was included in his pensionable service for the purpose of such teacher's pension is reckoned as a service period or part of a service period for the purpose of such military pension, the following provisions shall have effect, that is to say :—

(a) such teacher's pension shall be reassessed as from the date of the commencement of such military pension ;

(b) for the purpose of such reassessment such person shall be given an opportunity of electing whether he will retain or will surrender such military pension ;

(c) if such person elects to retain such military pension or if he fails or refuses to make any election, no period of time which was reckoned as a service period or part of a service period for the purpose of such military pension shall, on such reassessment, be reckoned as pensionable service for the purpose of such teacher's pension ;

(d) if such person elects to surrender such military pension, any period of time which was reckoned as a service period or part of a service period for the purpose of such military pension and is also reckonable as pensionable service for the purpose of such teacher's pension shall, on such reassessment, be reckoned as a period of pensionable service equal in length of time to the pensionable service which is appropriate under the Military Service Pensions Acts, 1924 to 1934, to the said period of time ;

(e) when such teacher's pension is reassessed under the next preceding clause of this sub-paragraph, such military pension shall, on such reassessment, be surrendered as from the date of the commencement thereof.

(4) Where a person to whom a military pension is payable becomes entitled to a teacher's pension and any period of time which was reckoned as a service period or part of a service period for thepurpose of such military pension would, if this paragraph had not been enacted, be reckonable as pensionable service for the purpose of such teacher's pension, the following provisions shall have effect, that is to say :—

(a) such person shall, before such teacher's pension assessed, be given an opportunity of electing whether he will retain or will surrender such military pension ;

(b) if such person elects to retain such military pension or if he fails or refuses to make any election, no period of time which was reckoned as a service period or part of a service period for the purpose of such military pension shall, on the assessment of such teacher's pension, be reckoned as pensionable service for the purpose of such teacher's pension ;

(c) if such person elects to surrender such military pension, any period of time which was reckoned as a service period or part of a service period for the purpose of such military pension and is also reckonable as pensionable service for the purpose of such teacher's pension shall, on the assessment of such teacher's pension, be reckoned as a period of pensionable service equal in length of time to the pensionable service which is appropriate under the Military Service Pensions Acts, 1924 to 1934, to the said period of time;

(d) when such teacher's pension is assessed under the next preceding clause of this sub-paragraph, such military pension shall on such assessment, be surrendered as from the date on which such teacher's pension commences.

SCHEDULE.

AMENDMENTS OF THE PRINCIPAL SCHEME.

AMENDMENTS TO THE PRINCIPAL SCHEME.

SCHEDULE—continued.

Given under my Official Seal this 27th day of February, 1942.

(Signed) T. Ó DEIRG,

Minister for Education.

I consent to the foregoing Scheme.

(Signed) SEÁN T. Ó CEALLAIGH

Minister for Finance