S.I. No. 76/1954 - Superannuation (Female Civil Servants) Regulations, 1954.

S.I. No. 76 of 1954.

SUPERANNUATION (FEMALE CIVIL SERVANTS) REGULATIONS, 1954.

I, SEAN MacENTEE, Minister for Finance, in exercise of the powers conferred on me by section 2 of the Superannuation Act, 1954 (No. 14 of 1954), and of every and any other power me in this behalf enabling, hereby make the following regulations :

1 Short title.

1. These Regulations may be cited as the Superannuation (Female Civil Servants) Regulations, 1954.

2 Interpretation.

2. In these Regulations—

" the Act " means the Superannuation Act, 1954 (No. 14 of 1954) ;

" the civil servant " has the meaning specified in Regulation 3 ;

" the Head of the Department " means the secretary or other chief officer of the Department in which the civil servant is serving ;

" the Medical Referee " means such registered medical practitioner as the Minister may nominate to be the Medical Referee for the purposes of these Regulations ;

" the Minister " means the Minister for Finance.

3 Application.

3. These Regulations apply to any female person who was an established civil servant immediately before the commencement of the Act and who wishes to adopt the provisions of The act, and such person is hereinafter referred to as the civil servant.

4 Notification of adoption of Act.

4.—(1) The civil servant shall notify the Minister that she wishes to adopt the provisions of the Act.

(2) The notification shall be made in writing in Form A set out in the Schedule to these Regulations, and shall be lodged on or before the 13th day of October, 1954, with the Head of the Department.

(3) The Minister, at the request of the civil servant, may extend the period within which her notification must be lodged.

(4) The power to extend the said period shall be within the absolute discretion of the Minister subject to the restriction thathe shall not extend the period where he is satisfied that the failure of the civil servant to lodge her notification on or before the 13th day of October, 1954, was due to her neglect or default.

5 Health, medical examination.

5.—(1) The civil servant shall not be entitled to adopt the provisions of the Act unless the Minister decides that she is of sound health.

(2) In any case in which the Minister considers it desirable, he may require the civil servant to undergo medical examination by such registered medical practitioner as he may direct.

(3) The registered medical practitioner shall furnish to the Minister a certificate of the result of the examination in Form B set out in the Schedule to these Regulations.

(4) If the civil servant's remuneration exceeds £400 per year she shall pay to the Minister in respect of the medical examination such fee as the Minister shall determine.

(5) When the Minister has, consequent on a notification under Regulation 4, made a decision as to the health of the civil servant, she shall be notified of such decision.

6 Review of decision as to health.

6.—(1) Where the civil servant is notified under Regulation 5 that the Minister has decided that she is not of sound health, she may apply to the Minister to review his decision.

(2) The application to review shall be made in writing and shall be lodged with the Head of the Department within three months after notification of the decision of the Minister was received.

(3) In support of the application to review, the civil servant may furnish, at her own expense and within three months after notification of the decision of the Minister was received by her, such further medical reports on her health as she may think fit.

(4) The Minister may, in any case in which he considers it desirable, require the civil servant applying for a review to be examined by the Medical Referee and shall, whether he does or does not require such examination, consult the Medical Referee before deciding the application.

(5) The fee of the Medical Referee for any such examination and the civil servant's expenses in connection therewith shall be paid by the civil servant.

(6) When the Minister has, consequent upon the application to review, made a decision as to the health of the civil servant, she shall be notified of such decision.

7 Date of adoption of Act.

7. Where the Minister has made a decision under these Regulations that the civil servant is of sound health, her adoption of the Act shall have effect as from the date on which her notification under Regulation 4 was lodged or, where she ceased to be an established civil servant before that date, as from the commencement of the Act.

8 Restriction on withdrawal of notification or application.

8. A notification under Regulation 4 or an application under Regulation 6 may not be withdrawn after the Minister has decided that the civil servant is of sound health.

9 Finality of decision as to health.

9. A decision by the Minister that the civil servant is of sound health, notification of which has been conveyed to the civil servant under Regulation 5 or Regulation 6, shall, save as provided by Regulation 10, be final.

10 Untrue or inaccurate information.

10. A decision of the Minister under these Regulations that the civil servant is of sound health may be revoked by the Minister at any time if any information furnished by the civil servant is found to be untrue or inaccurate in any particular within her knowledge.

11 Revocation of decision as to health.

11.—(1) A decision by the Minister that the civil servant is not of sound health, notification of which has been conveyed under Regulation 5, shall be final unless it is altered by a subsequent notification to the civil servant under Regulation 6 that the Minister has decided that she is of sound health.

(2) Notwithstanding paragraph (1) of this Regulation, the Minister shall have discretion, provided that the civil servant has not ceased to be an established civil servant, to revoke a decision given by him that she is not of sound health and to decide that she is of sound health.

(3) The Minister shall not exercise his discretion under paragraph (2) of this Regulation unless—

(a) he is requested to do so by the civil servant, and

(b) he is satisfied that the exercise of his discretion would be justified having regard to the civil servant's sick leave record and to any further evidence of her health obtained by him or made available to him.

(4) Where the Minister has exercised his discretion under paragraph (2) of this Regulation, he shall notify the civil servant accordingly and her adoption of the Act shall have effect as from the date on which the Minister exercised his discretion, and the Minister's decision that the civil servant is of sound health shall, save as provided by Regulation 10, be final.

GIVEN under my Official Seal, this 17th day of April, 1954.

(Signed) SEAN MACENTEE,

Minister for Finance.

SCHEDULE.

FORM A.

SUPERANNUATION (FEMALE CIVIL SERVANTS) REGULATIONS, 1954.

Notification of wish to adopt the provisions of the Superannuation Act, 1954 , subject to the above-named Regulations.

1. Full name of civil servant ............. ............................................................ ..............................................

2. Department and rank  .............. ............................................................ ...............................................

3. Age (giving date of birth) .............. ............................................................ ...............................................

4. Are you in a good state of health, and,

so far as you know, free from any

disorder or disease tending to shorten

your life materially ?   ...  ............................................................... ..............................................

I wish to adopt the provisions of the Superannuation Act, 1954 , and I declare that the above statement of particulars is true to the best of my knowledge and belief.

Signature ............................................................ ....

Date ............................................................ ...........

FORM B.

SUPERANNUATION (FEMALE CIVIL SERVANTS) REGULATIONS, 1954.

Name of civil servant ............................................................ ............................................................ ........................

Department ............................................................ ............................................................ ...........................................

MEDICAL CERTIFICATE.

Signature ...................................................

Date ..........................................................