S.I. No. 423/1948 - National School Teachers' Superannuation (Amendment) Scheme, 1948.

S.I. No. 423 of 1948.

NATIONAL SCHOOL TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1948.

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 Éireann and Seanad Éireann :

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 ), the National School Teachers' Superannuation (Amendment) Scheme, 1942 ( S. R. & O. No. 400 of 1942 ), the National School Teachers' Superannuation (Amendment) Scheme, 1943 ( S. R. & O. No. 134 of 1943 ), and the National School Teachers' Superannuation (Amendment) Scheme, 1947 ( S. R. & O. No. 330 of 1947 ), each of which was duly made under the said Act and confirmed by resolutions of Dáil Éireann and Seanad Éireann :

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

NOW, I, RISTEÁRD UA MAOLCHATHA, 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 National School Teachers' Superannuation (Amendment) Scheme, 1948, and this Scheme and the National School Teachers' Superannuation Schemes, 1934 to 1947, may be cited together as the National School Teachers' Superannuation Schemes, 1934 to 1948.

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 operative day " means the day on which this Scheme comes into force;

the expression " the Principal Scheme " means the National School Teachers' Superannuation Scheme, 1934 ( S. R. & O. No. 23 of 1934 ).

(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 service of Lay-teacher in a Christian Brothers' primary school.

5. (1) In this paragraph the expression " Christian Brothers' primary school " means a primary school, or the primary department of a school, conducted by the Irish Christian Brothers, which is recognised as a National School, whether such school or department was at any material time recognised as a National School or not.

(2) This paragraph applies to a person who was a teacher on the 1st day of April, 1948, or who, though not a teacher on that date, served as a teacher at any time during the five years ended on the 31st day of March, 1948.

(3) (a) In the case of a person to whom this paragraph applies, two-thirds of every period of full-time service as a lay teacher, after reaching the age of eighteen, in a Christian Brothers' primary school, prior to the 1st day of January, 1927, shall be pensionable service for the purposes of the Principal Scheme.

(b) If a person to whom this paragraph applies has retired with a pension before the operative day, his pension shall be calculated and payable as if this Scheme had been in force when he retired.

6 Recognition of strike period as pensionable service.

6. (1) This paragraph applies to every teacher who was in the service on the 19th day of March, 1946, and who went on strike at any time between that date and the 31st day of October, 1946.

(2) Where a teacher to whom this paragraph applies re-entered the service on or before the 31st day of October, 1946, the period during which such teacher was on strike shall be pensionable service for the purposes of the Principal Scheme.

(3) Where a teacher to whom this paragraph applies retired, died or, if a woman, married, at any time between the 30th day of October, 1946, and the operative day, the period during which such teacher was on strike shall be pensionable service for the purposes of the Principal Scheme.

(4) Where a pension, gratuity or other payment was granted before the operative day to or in respect of a teacher to whom this paragraph applies, it shall be revised and shall be calculated and payable as if this Scheme had been in force on the date of the event by reason of which it was granted.

7 Service of teacher after age of 65 years.

7. (1) Service as a teacher given after the last day of the quarter in which the teacher reaches the age of sixty-five years shall not be pensionable service for the purposes of the Principal Scheme.

(2) In this paragraph the word " quarter " means a period of three months beginning on any 1st day of January, April, July or October.

8 Restriction of pensions of teachers appointed to certain public officers.

8. Where a pension is granted to a teacher who retires on or after the operative day and such teacher is appointed to a post (otherwise than as a teacher) remunerated out of moneys provided by the Oireachtas or out of the Central Fund, the following provisions shall apply :—

(a) if the remuneration equals or exceeds the average annual salary on which the pension was based, the pension shall not be payable for any period for which the remuneration is payable;

(b) if the sum of the pension and remuneration exceeds the average annual salary on which the pension was based, the pension shall be reduced by the amount of the excess for the period for which the remuneration is payable.

9 Average annual salary of certain teachers on new (1946) scales.)

9. (1) Where a teacher was paid salary on the new scales introduced on the 31st day of October, 1946, and the period for the calculation of such teacher's average annual salary for the purpose of a grant of pension, gratuity or other payment under the Principal Scheme as previously amended, includes a period of time before the 31st day of October, 1946, the average annual salary of such teacher shall be calculated as follows :—

(a) as regards the portion of the period before the 31st day of October, 1946, as if the new scales had been in operation during that portion ; and

(b) as regards the portion of the period on or after the 31st day of October, 1946, at the rate of the new scales.

(2) Where a pension, gratuity or other payment was granted before the operative day to or in respect of a teacher to whom this paragraph applies, it shall be revised and shall be calculated and payable as if this Scheme had been in force on the date of the event by reason of which it was granted.

10 Date of retirement of woman teacher on marriage.

10. For the purposes of paragraph 18 of the Principal Scheme and paragraph 11 of the National School Teachers' Superannuation (Amendment) Scheme, 1947 ( S. R. & O. No. 330 of 1947 ), the date of marriage of a woman teacher shall be construed to mean the date of her retirement next preceding her marriage, in any case where the date of marriage is not also the date of retirement.

GIVEN under my Official Seal, this 21st day of December, 1948.

RISTEÁRD UA MAOLCHATHA,

Minister for Education.

I hereby consent to the foregoing Scheme.

P. McGILLIGAN,

Minister for Finance.