S.I. No. 134/1943 - National School Teachers' Superannuation (Amendment) Scheme, 1943.

STATUTORY RULES AND ORDERS. 1943. No. 134.

NATIONAL SCHOOL TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1943.

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 National School Teachers' Superannuation Scheme, 1934 ( S. R. & O. No. 23 of 1934 ), was duly made under the said Act and confirmed by resolutions of Dáil Eireann and Seanad Eireann :

AND WHEREAS the said Scheme was amended by the National School Teachers' Superannuation (Amendment) (No. 2) Scheme, 1940 ( S. R. & O. No. 272 of 1940 ), and the National School Teachers' Superannuation (Amendment) Scheme, 1942 ( S. R. & O. No. 400 of 1942 ), both of which were duly made under the said Act and confirmed by resolutions of Dáil Eireann and Seanad Eireann :

AND WHEREAS it is expedient that the said Scheme, as so amended, be further amended in the manner hereinafter appearing :

NOW, I, TOMÁS Ó DEIRG, Minister for Education, with theconsent of the Minister for Finance, testified by his signature hereto, in exercise of the powers conferred on me by the Teachers' Supperannuation 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 National School Teachers' Superannuation (Amendment) Scheme, 1943, and this Scheme and the National School Teachers' Superannuation Schemes, 1934 to 1942, may be cited together as the National School Teachers' Superannuation Schemes, 1934 to 1943.

2 Commencement of Scheme.

2. This Scheme shall come into force immediately after the confirmation thereof by resolution of each House of the Oireachtas.

3 Interpretation.

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 National School Teachers' Superannuation Scheme, 1934 ( S. R. & O. No. 23 of 1934 ),

the expression " the Scheme of 1942 " means the National School Teachers' Superannuation (Amendment) Scheme, 1942 ( S. R. & O. No. 400 of 1942 ),

the expression " lay literary teacher " has the same meaning as it has in the Scheme of 1942,

the word " salary " has, in relation to a lay literary teacher, the meaning given to it by subparagraph (1) of paragraph 6 of the Scheme of 1942.

(2) Save where it is otherwise provided in this Scheme, every word and expression to which a particular meaning is assigned by the Principal Scheme for the purposes of that Scheme has in this Scheme the meaning so assigned to it.

5 Pensionable salary.

5. Notwithstanding anything contained in sub-paragraph (3) of paragraph 10 of the Principal Scheme, the expression " pensionable salary " where it occurs in that paragraph means, in relation to a lay literary teacher who retired on or before the 1st day of January, 1943, his average annual salary for the period beginning on the 1st day of April, 1941, and ending on the date of his retirement, and the said paragraph shall, in relation to every such lay literary teacher, be construed and have effect accordingly.

6 Marriage gratuity.

6. (1) Notwithstanding anything contained in paragraph 18 of the Principal Scheme, a marriage gratuity may be paid under that paragraph to a woman teacher who complies with all the following conditions, that is to say :—

(a) a marriage gratuity could be paid to her under the said paragraph but for the fact that her pensionable service is less than seven years ;

(b) her pensionable service is not less than five years ;

(c) she has a period of non-pensionable service (as defined in this paragraph) which is not less than the time by which her pensionable service falls short of seven years.

(2) In this paragraph, the expression " non-pensionable service " means service which—

(a) is full time teaching service in a National School recognised as such by the Minister, and

(b) is not pensionable service.

GIVEN under my Official Seal, this 22nd day of April, 1943.

TOMÁS Ó DEIRG,

Minister for Education.

I hereby consent to the foregoing Scheme.

SEÁN T. Ó CEALLAIGH,

Minister for Finance.