Superannuation and Pensions Act, 1963
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Special payments in certain cases. |
22.—(1) In this section “superannuation allowance in relation to which this section applies” means a superannuation allowance which was in course of payment on the 1st day of January, 1950, in respect of service in a position as Inspector or as Organiser in the Department of Education, being an allowance in the computation of which service as a teacher was reckoned pursuant to section 21 of the Superannuation Act, 1936 , and the regulations made thereunder. | |
(2) Where, at the passing of this Act, a person is either— | ||
(a) a person to whom a superannuation allowance in relation to which this section applies is in course of payment, or | ||
(b) a woman who, having been the wife until his death of a person to whom a superannuation allowance in relation to which this section applies was awarded, has not married again, | ||
the Minister may make a payment to the person. | ||
(3) The making of a payment under this section shall be at the discretion of the Minister and, where he makes any such payment, its amount shall also be at his discretion subject to the limitation specified in the next subsection. | ||
(4) (a) The amount of a payment under this section shall not exceed— | ||
(i) in case the pensioner would, if the provisions of the Superannuation (Reckoning of Teaching Service) Regulations, 1951, had been applicable to him, have been required to pay a contribution in respect of the benefits granted under those Regulations— | ||
(I) one-thirtieth of the annual salary by reference to which the superannuation allowance of the pensioner was computed multiplied by the number of years of the pensioner's teaching service, | ||
reduced by— | ||
(II) the amount of the contribution which the pensioner would have been so required to pay, or | ||
(ii) in any other case, one-thirtieth of the annual salary by reference to which the superannuation allowance of the pensioner was computed multiplied by the number of years of the pensioner's teaching service. | ||
(b) For the purposes of paragraph (a) of this subsection, where the number of years of the pensioner's teaching service is a whole number and a fraction representing a part of a year— | ||
(i) in case the teaching service was succeeded by a period of established service as Inspector or as Organiser in the Department of Education the number of years of which is a whole number and a fraction representing a part of a year not less than the difference between the first-mentioned fraction and one—the first-mentioned whole number and the first-mentioned fraction shall be disregarded and the number of years of the pensioner's teaching service shall be taken to be the whole number next higher to the first-mentioned whole number, and | ||
(ii) in any other case, the first-mentioned fraction shall be disregarded. | ||
(c) In this subsection— | ||
“the pensioner” means the person to whom the relevant superannuation allowance in relation to which this section applies was granted, | ||
“teaching service” means the amount of teaching service which, if the pensioner had retired on the 15th day of November, 1951, would, under the Superannuation (Reckoning of Teaching Service) Regulations, 1951, have been reckonable service for all the purposes of the Superannuation Acts, 1834 to 1947. |