S.I. No. 218/1956 - Superannuation (Reckoning of Teaching Service) Regulations, 1956.

S.I. No. 218 of 1956.

SUPERANNUATION (RECKONING OF TEACHING SERVICE) REGULATIONS, 1956.

I, GERARD SWEETMAN, Minister for Finance, in exercise of the powers conferred on me by section 21 of the Superannuation Act, 1936 (No. 39 of 1936), hereby make the following regulations ;

1. These Regulations may be cited as the Superannuation (Reckoning of Teaching Service) Regulations, 1956.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. In these Regulations—

" the 1937 Regulations " means the Superannuation (Reckoning of Teaching Service) Regulations, 1937 ;

" the 1939 Regulations " means the Superannuation (Reckoning of Teaching Service) Regulations, 1939 ;

" the 1951 Regulations " means the Superannuation (Reckoning of Teaching Service) Regulations, 1951 ( S.I. No. 327 of 1951 ).

4. In the case of a person who is a transferred officer within the meaning of the Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929), no benefit accruing to him under section 21 of the act or under these Regulations shall be taken into account in determining any question of compensation under the said Civil Service (Transferred Officers) Compensation Act, 1929 .

5.—(1) Regulation 4 of the 1937 Regulations is hereby amended by the deletion of subparagraph (e) of paragraph (1).

(2) Regulation 4 of the 1939 Regulations is hereby amended by the deletion in paragraph (d) of " was not of less than three years' duration and ".

6.—(1) Regulation 13 of the 1951 Regulations is hereby amended by the deletion of " at any time subsequent to the 31st day of July, 1950.".

(2) In the case of a person—

(a) to whom the 1939 Regulations applied immediately before the making of these Regulations without the modifications specified in Article 13 of the 1951 Regulations, and

(b) to whom, upon the making of these Regulations, the 1939 Regulations, by virtue of paragraph (1) of this Regulation, apply with the said modifications,

the following provisions shall have effect :

(i) the undertaking referred to in paragraph (a) of Regulation 13 of the 1951 Regulations may be given as soon as may be after the making of these Regulations, and

(ii) any contributions paid by such person under Regulation 25 of the 1939 Regulations and any additional contributions paid by him under subparagraph (b) of paragraph (2) of Regulation 9 of the 1951 Regulations shall be repaid to him.

(3) In the case of a person—

(a) to or in respect of whom a superannuation award was made before the making of these Regulations, and

(b) to whom, at the time of the award and if these Regulations had then been in force, the 1939 Regulations would have applied with the modifications specified in Regulation 13 of the 1951 Regulations,

the following provisions shall have effect :

(i) the award shall be reassessed, and shall have effect accordingly, so as to be as it would have been if these Regulations had been in force when it was made,

(ii) the undertaking referred to in paragraph (a) of Regulation 13 of the 1951 Regulations shall not be required, and

(iii) any contributions paid by such person under Regulation 25 of the 1939 Regulations and any additional contributions paid by him under subparagraph (b) of paragraph (2) of Regulation 9 of the 1951 Regulations shall be repaid to him.

7. Neither the 1939 Regulations nor the 1951 Regulations shall apply to any person to whom section 67 of the Local Government (Superannuation) Act, 1956 (No. 10 of 1956), applies.

GIVEN under my Official Seal, this 27th day of July, 1956.

GERARD SWEETMAN,

Minister for Finance.

EXPLANATORY NOTE.

These regulations modify the provisions governing the superannuation of a teacher appointed an established inspector or organiser in the Department of Education,

(1) by providing that a teacher need no longer have served for a minimum of three years before his teaching service can be reckoned under the Regulations ;

(2) by providing that professors in Training Colleges who became inspectors or organisers before 31st July, 1950, may reckon their service on the same terms as professors who became inspectors or organisers after that date ;

(3) by providing that vocational teachers becoming inspectors or organisers may reckon their previous service in accordance with Section 67 of the Local Government (Superannuation) Act, 1956 , and not under the Reckoning of Teaching Service Regulations.