S.I. No. 180/1950 - National School Teachers' Superannuation (Amendment) Scheme, 1950.

S.I. No. 180 of 1950.

NATIONAL SCHOOL TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1950.

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 ), the National School Teachers' Superannuation (Amendment) Scheme, 1947 ( S. R. & O. No. 330 of 1947 ), and the National School Teachers' Superannuation (Amendment) Scheme, 1948 ( S.I. No. 423 of 1948 ), each of which was duly made under the said Act and confirmed by resolutions of Dail 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, 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, 1950, and this Scheme and the National School Teachers' Superannuation Schemes, 1934 to 1948, may be cited together as the National School Teachers' Superannuation Schemes, 1934 to 1950.

2 Commencement and consequential provisions.

2.—(1) This Scheme, on being confirmed by resolution of each House of the Oireachtas, shall be deemed to have had effect as on and from the 1st day of January, 1950.

(2) Accordingly, a sum may be paid under this Scheme notwithstanding that the teacher to or in respect of whom it is payable retired or died before such confirmation and a gratuity or payment already made may be revised in accordance with the provisions of this Scheme.

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 1940 " means the National School Teachers' Superannuation (Amendment) (No. 2) Scheme, 1940 ( S. R. & O. No. 272 of 1940 ) ;

the expression " the Scheme of 1943 " means the National School Teachers' Superannuation (Amendment) Scheme, 1943 ( S. R. & O. No. 134 of 1943 );

(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 Teachers to whom Scheme applies.

5. Save where it is otherwise provided, this Scheme applies to—

(a) a teacher who was actually serving as such on the 1st day of January, 1950 ;

(b) a teacher who entered or enters the service for the first time after that date ;

(c) a teacher who, although not actually serving at that date, was in the service on or after the 1st day of January, 1949, and did not, on or before the 31st day of December, 1949, retire with a pension ;

(d) (i) a teacher who, having retired with a pension before the 1st day of January, 1950, re-entered or re-enters the service ;

(ii) a teacher who, having actually served as such before the 1st day of January, 1949, re-entered or re-enters the service on or after the 1st day January, 1950 :

Provided that the scheme shall not apply to a teacher referred to in clause (i) or (ii) unless the teacher has completed three years' pensionable service after the 31st day of December, 1949.

6 Lump sum in addition to pension.

6.—(1) There shall be paid to a teacher to whom this Scheme applies on his retirement with a pension a lump sum calculated at the rate of one-thirtieth of his pensionable salary for each completed year of pensionable service, subject to a maximum sum of one and one-half times his pensionable salary.

(2) Where a teacher to whom a lump sum has been paid on retirement re-enters the service, his pensionable service before retirement shall be reckoned as part of his pensionable service for the purpose of the payment of a lump sum on subsequent retirement but the amount of the latter lump sum shall be reduced by the amount of the lump sum paid to him on previous retirement.

(3) Where a person is entitled to a lump sum under this paragraph and his pensionable service for the calculation of pension is affected by the provisions of paragraph 6 of the Scheme of 1940, his pensionable service for the calculation of the lump sum shall be affected in the like manner and to the like extent.

7 Disablement gratuity

7.—(1) The disablement gratuity payable under paragraph 17 of the Principal Scheme shall, in the case of a teacher to whom this Scheme applies, be calculated at the rate of one-twelfth of his annual salary for each completed year of pensionable service. If, however, the teacher has not less than two years' pensionable service, the gratuity shall be increased by an amount calculated at the rate of one-thirtieth of such annual salary for each completed year of pensionable service.

(2) This paragraph does not apply to a person who retires before the completion of two years' pensionable service and who, before the 1st day of January, 1950, gave pensionable service or was eligible for recognition as a teacher.

8 Payment on death.

8.—(1) Where, in the case of a teacher to whom this Scheme applies, the appropriate amount as defined in subparagraph (4) of paragraph 19 of the Principal Scheme is less than an amount calculated at the rate of one-thirtieth of his average annual salary for each completed year of pensionable service, subject to a maximum of one and one-half times the average annual salary, the amount so calculated shall be taken to be the appropriate amount for the purposes of that paragraph.

(2) Where a teacher to whom a lump sum has been paid on retirement re-enters the service and dies while in the service, the payment on death shall be reduced by the amount of the lump sum.

(3) For the purposes of subparagraph (3) of the said paragraph 19 a lump sum paid on retirement shall be deemed to have been received in respect of pension.

9 Marriage gratuity.

9.—(1) The marriage gratuity payable under paragraph 18 of the Principal Scheme, as amended by paragraph 6 of the Scheme of 1943, shall, in the case of a woman teacher to whom this Scheme applies and whose pensionable service is not less than six years, be calculated at the rate of one-twelfth of her average annual salary for each completed year of pensionable service, subject to a maximum of such average annual salary.

(2) Subject to the provisions of the said paragraph 18, the marriage gratuity, calculated in accordance with subparagraph (1) of this paragraph, may also be paid to a woman teacher to whom this scheme applies if—

(a) her pensionable service is not less than four years, and

(b) she has non-pensionable service (as defined by paragraph 6 of the Scheme of 1943) which is not less than the time by which her pensionable service falls short of six years.

10 Deposit for medical examination.

10. Where a teacher is required under paragraph 12 or 17 of the Principal Scheme to submit to a medical examination, the Minister may require him to deposit such sum as the Minister for Finance may approve and the said sum shall be returned to the teacher if the pension or disablement gratuity is granted.

11 Service after age of 65 years.

11.—(1) Where a person is permitted by the Minister to continue to serve after the last day of the quarter in which he reaches the age of sixty-five years—

(a) the pension and lump sum (if any) payable on retirement shall be those to which he would have been entitled if he had retired on the said last day ;

(b) the payment on death, if he dies while in the service, shall be that which would have been payable if he had died on the said last day.

(2) Where a person in receipt of a pension re-enters the service after the last day of the quarter in which he reached the age of sixty-five years the pension awarded to him on subsequent retirement shall be of the same amount as that payable to him immediately before such re-entry and he shall not be entitled to any additional payment by way of lump sum.

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

GIVEN under my Official Seal, this 12th day of July, 1950.

RISTEÁRD UA MAOLCHATHA,

Minister for Education.

I hereby consent to the foregoing Scheme.

P. McGILLIGAN,

Minister for Finance.