S.I. No. 327/1951 - Superannuation (Reckoning of Teaching Service) Regulations, 1951.

S.I. No. 327 of 1951.

SUPERANNUATION (RECKONING OF TEACHING SERVICE) REGULATIONS, 1951.

I, SEÁN MacENTEE, Minister for Finance, in exercise of the powers conferred on me by section 21 of the Superannuation Act, 1936 (No. 39 of 1936), and of every and any other power me in this behalf enabling, hereby make the following regulations :

PART I. PRELIMINARY.

1. These Regulations may be cited as the Superannuation (Reckoning of Teaching Service) Regulations, 1951.

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

3. (1) 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.

(2) Any expression or word used in these Regulations which was given a particular meaning by the 1937 Regulations or the 1939 Regulations has in these Regulations the meaning given to it by the 1937 Regulations or the 1939 Regulations (as may be appropriate).

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 .

PART II. PROVISIONS RELATED TO THE SUPERANNUATION (RECKONING OF TEACHING SERVICE) REGULATIONS, 1937.

National School Teachers.

5. Regulation 6 of the 1937 Regulations is hereby amended by the substitution of " shall be treated as established service for allthe purposes of the Superannuation Acts, 1834 to 1947, and for the award of marriage gratuities to women " for paragraphs (a), (b) and (c).

6. Where by virtue of the 1937 Regulations a civil servant may be allowed under section 21 of the act to reckon service as a National School Teacher as established service, the service which he may so be allowed to reckon shall include any service which, on the date on which he was appointed an inspector or an organiser, was pensionable service within the meaning of the National School Teachers' Superannuation Scheme, 1934 ( S. R. & O. No. 23 of 1934 ), notwithstanding that pension contributions may not have been paid in respect of that service, and that service may be reckoned for the purposes of awards under the Superannuation Acts, 1834 to 1947, at the amount thereof which was reckonable for an award of pension or gratuity under the National School Teachers' Superannuation Scheme, 1934.

PART III. PROVISIONS RELATED TO THE SUPERANNUATION (RECKONING OF TEACHING SERVICE) REGULATIONS, 1939.

General.

7. (1) Paragraph (a) of Regulation 4 of the 1939 Regulations shall not apply to any person appointed an inspector or an organiser on or after the date of the making of these Regulations.

(2) The Minister may, in any particular case in which he considers it proper so to do, because of special or exceptional circumstances, extend by such period as he thinks proper (but not beyond three months after the date of the making of these Regulations) the period of three months after becoming an inspector or an organiser mentioned in paragraph (a) of Regulation 4 of the 1939 Regulations as the time within which application should have been made by a person appointed an inspector or an organiser before the date of the making of these Regulations who desires to be allowed under section 21 of the act to reckon his teaching service as established service.

(3) Where an extension of time is granted under paragraph (2) of this Regulation, the Minister may, if he thinks proper, require the applicant to pay compound interest on the contributions payable by him under the 1939 Regulations at such rate and for such period as the Minister may determine, and thereupon the applicant's teaching service shall be allowed under section 21 of the act to be reckoned as established service only if that compound interest is paid in addition to the said contributions.

(4) Where by virtue of this Regulation a person is allowed under section 21 of the act to reckon teaching service as established service, he may reckon that service in accordance with paragraph (1) of Regulation 9 of these Regulations if an additional contribution is paid in respect of it in accordance with paragraph (2) of the said Regulation 9.

8. Paragraph (2) of Regulation 7 of the 1939 Regulations shall not apply to—

(a) any service in respect of which contributions are paid under paragraph (2) of Regulation 9 of these Regulations,

(b) any service which is gratuity service within the meaning of paragraph 17 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1951,

(c) any service as professor in a training college by a person having service as a professor in a training college at any time subsequent to the 31st day of July, 1950, or

(d) any service as a vocational teacher.

Secondary Teachers and Professors in Training Colleges.

9. (1) Where by virtue of the 1939 Regulations a civil servant may be allowed under section 21 of the act to reckon service as a secondary teacher or as a professor in a training college as established service, the reckoning may, notwithstanding anything contained in the 1939 Regulations, be for all the purposes of the Superannuation Acts, 1834 to 1947, and for the award of marriage gratuities to women.

(2) Paragraph (1) of this Regulation shall apply to a person only if he pays to the Minister in respect of each year of teaching service for which he has elected to pay contributions under the 1939 Regulations an additional contribution at the following rates :

(a) in respect of any period of such teaching service as was service as a secondary teacher, a contribution equal to the additional contribution which would have been payable therefor by the contributor if he had continued to serve as a secondary teacher up to the 1st day of August, 1950, and had elected to pay additional contributions under the Secondary Teachers' Superannuation (Amendment) Scheme, 1951 : Provided that the contribution in respect of any period of teaching service as a secondary teacher rendered before the 1st day of August, 1929, shall be £5 for each year in the case of a man and £4 for each year in the case of a woman ;

(b) in respect of any period of such teaching service as was service as a professor in a training college, £7 for each year in the case of a man and £5 for each year in the case of a woman : Provided that the contribution in respect of any period of teaching service as a professor in a training college shall not be less than the contribution which would be payable under subparagraph (a) of this paragraph (but calculated in accordance with the provisions of paragraph (4) of Regulation 25 of the 1939 Regulations) if such period had been teaching service as a secondary teacher.

(3) A person who desires that this Regulation shall apply to him must notify the Minister of his election to pay contributions under this Regulation within three months after the date on which he is informed that he is eligible to pay such contributions.

(4) Every payment of contributions required to be made under this Regulation by any person shall be made not later than three months after the date on which he is informed of the amount of the contributions payable by him, save that the Minister may, in any particular case, if he so thinks fit, allow the payment to be made by instalments payable over such period as he may fix with compound interest at the rate of 3 per cent. per annum.

(5) This Regulation shall not apply in respect of any service as a secondary teacher rendered by a person who was serving as a secondary teacher at any time subsequent to the 31st of July, 1950, or in respect of any service as a professor in a training college rendered by a person who was serving as a professor in a training college at any time subsequent to the 31st day of July, 1950.

10. (1) Where a person elected under paragraph (3) of Regulation 14 or paragraph (3) of Regulation 25 of the 1939 Regulations to contribute in respect of part of the teaching service which he could have been allowed under section 21 of the act to reckon as established service, he may, within three months after the making of these Regulations, apply to the Minister to be allowed to pay the appropriate contributions under the said Regulation 14 or 25 in respect of the balance of the teaching service, together with compound interest at the rate of 3 per cent. per annum, calculated from the date on which those contributions would have been payable but for his said election up to the date on which payment of those contributions is completed, and where those contributions are so paid, the balance of the teaching service may be allowed under section 21 of the act to be reckoned as established service and may be reckoned in accordance with paragraph (1) of Regulation 9 of these Regulations if an additional contribution is paid in respect of it in accordance with paragraph (2) of the said Regulation 9.

(2) Every payment of contributions required to be made under this Regulation by any person shall be made within three months after the date on which he is notified of the amount of the contributions payable by him, save that the Minister may, in any particular case, if he so thinks fit, allow the payment to be made by instalments payable over such period as he may fix with compound interest at the rate of 3 per cent. per annum.

(3) In the case of a person who served as a secondary teacher at any time subsequent to the 31st day of July, 1950, the 1939 Regulations shall apply to him subject to the following modifications :

(a) he shall not be required to pay contributions under Regulation 14 of the 1939 Regulations;

(b) his teaching service as a secondary teacher shall not be allowed under section 21 of the act to be reckoned as established service unless a contribution is paid to the Minister under paragraph 30 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1951, in respect of such service ;

(c) where any gratuity service within the meaning of paragraph 17 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1951, is allowed under section 21 of the act to be reckoned as established service, the reckoning of the gratuity service may, notwithstanding anything contained in the 1939 Regulations, be for all the purposes of the Superannuation Acts, 1834 to 1947, and for the award of marriage gratuities to women.

11. (1) Where a person who became an inspector or an organiser before the 1st day of August, 1950, is not entitled by virtue of the 1939 Regulations to be allowed under section 21 of the act to reckon service as a secondary teacher as established service because he was not a member of the Scheme of 1929 when he became an inspector or an organiser, such person may be so allowed if—

(a) the Minister is satisfied that such person would have become entitled to be admitted to membership of the Scheme of 1929 as from the first day after the 31st day of July, 1929, on which he gave approved teaching service if he had continued to serve as a secondary teacher up to the 1st day of August, 1950, and

(b) the Minister is satisfied that such person is in other respects entitled to be allowed under section 21 of the act so to reckon such service, and

(c) such person pays to the Minister, in respect of each year of such service which he is allowed so to reckon, a contribution equal to the contribution which he would have been required to pay under Regulation 14 of the 1939 Regulations had it applied to him, together with compound interest at the rate of 3 per cent. per annumcalculated from a date six months after he became an inspector or an organiser to the date on which payment is completed.

(2) Where by virtue of this Regulation a person is allowed under section 21 of the act to reckon service as a secondary teacher as established service, he may reckon that service in accordance with paragraph (1) of Regulation 9 of these Regulations if an additional contribution is paid in respect of it in accordance with paragraph (2) of the said Regulation 9.

12. (1) Where a person who became an inspector or an organiser before the 1st day of August, 1950, and who was a member of the Scheme of 1929 when he became an inspector or an organiser is not entitled by virtue of the 1939 Regulations to be allowed under section 21 of the act to reckon service as a secondary teacher as established service because he would not, immediately before he became an inspector or an organiser, have been entitled to reckon such service for pension under the Scheme of 1929, such person may be so allowed if—

(a) the Minister is satisfied that such service could have become reckonable for pension under the Scheme of 1929 if such person had continued to serve as a secondary teacher up to the 1st day of August, 1950, and

(b) the Minister is satisfied that such person is in other respects entitled to be allowed under section 21 of the act so to reckon such service, and

(c) such person pays to the Minister, in respect of each year of such service which he is allowed so to reckon, a contribution equal to the contribution which he would have been required to pay under Regulation 14 of the 1939 Regulations had it applied to him, together with compound interest at the rate of 3 per cent. per annum calculated from a date six months after he became an inspector or an organiser to the date on which payment is completed.

(2) Where by virtue of this Regulation a person is allowed under section 21 of the act to reckon service as a secondary teacher as established service, he may reckon that service in accordance with paragraph (1) of Regulation 9 of these Regulations if an additional contribution is paid in respect of it in accordance with paragraph (2) of the said Regulation 9.

13. In the case of a person having service as a professor in a training college at any time subsequent to the 31st day of July, 1950, the 1939 Regulations shall apply to him subject to the following modifications :

(a) teaching service as a professor in a training college which by virtue of the 1939 Regulations is allowed under section 21 of the act to be reckoned as established service may, notwithstanding anything contained in the1939 Regulations, be so reckoned for all the purposes of the Superannuation Acts, 1834 to 1947, and for the award of marriage gratuities to women if, but only if, the training college or colleges in which such service was rendered pay to the Minister such proportion as he may determine of any award he may make under the Superannuation Acts, 1834 to 1947. or by way of marriage gratuity and undertake as soon as may be after the appointment of such person as an inspector or an organiser to make such payment ;

(b) contributions shall not be payable under Regulation 25 of the 1939 Regulations by the said person in respect of his service as professor in a training college, but no part of such service shall be allowed under section 21 of the act to be reckoned as established service where the provisions of paragraph (a) of this Regulation are not complied with ;

(c) if, in the case of a continuing award, payment by or on behalf of the training college or colleges of the determined proportion ceases during the lifetime of the beneficiary, the award shall be reassessed as from the date of such cessation and shall be payable as from that date as reassessed, and in making the reassessment, the teaching service as professor in a training college shall not be reckoned.

Vocational Teachers.

14. Regulation 19 of the 1939 Regulations is hereby amended by the deletion of the words from " may be reckoned " to the end of the Regulation and the substitution therefor of " shall be reckoned at one-half the amount thereof for all the purposes of the Superannuation Acts, 1834 to 1947, and for the award of marriage gratuities to women, but a person who receives under section 32 of the Local Government (Superannuaticn) Act, 1948 (No. 4 of 1948), a return of contributions made by him in respect of such service, and who transfers those contributions to the Minister within one month after their return to him, may reckon the service in respect of which the contributions were paid at the whole amount thereof for all the purposes of the Superannuation Acts, 1834 to 1947, and for the award of marriage gratuities to women ".

15. The 1939 Regulations shall not apply to any person to whom subsection (1) or subsection (3) of section 82 of the Local Government (Superannuation) Act, 1948 (No. 4 of 1948), applies.

GIVEN under my Official Seal, this 15th day of November, 1951.

(Signed) SEÁN MacENTEE,

Minister for Finance.