Superannuation and Pensions Act, 1963
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Grant of notional years of established service. |
6.—(1) Where an established civil servant retires or is removed from the Civil Service— | |
(a) in consequence of the abolition of his office, or | ||
(b) for the purpose of facilitating improvements in the organisation of the department to which he belongs by which greater efficiency or economy can be effected, | ||
then, subject to the provisions of this section, there shall be added, if the Minister in his discretion so directs, to such established service of the civil servant as, apart from this section, would have been reckoned, such notional period as the Minister determines, not exceeding— | ||
(i) if the civil servant served in an established position for 20 years or more—10 years, | ||
(ii) if he served in an established position for less than 20 years and not less than 10 years—half of that service, and | ||
(iii) if he served in an established position for less than 10 years—5 years. | ||
(2) (a) A notional period added under subsection (1) of this section shall not be in excess of the difference between the age of the civil servant at the time of his retirement or removal and— | ||
(i) in case he would, on retiring on a date not later than three months after attaining the age of sixty-five years, have one more year of service reckonable in computing a superannuation allowance than he would have had on retiring on attaining the age of sixty-five years—the age which he would attain on that date, and | ||
(ii) in any other case—the age of sixty-five years. | ||
(b) A notional period added under subsection (1) of this section in a case in which the service of the civil servant reckonable in computing a superannuation allowance is less than 10 years shall not be reckoned for the purpose of computing a superannuation allowance. | ||
(3) (a) Where— | ||
(i) an established civil servant has served in an established position for not less than 10 years, | ||
(ii) he holds or has held a position which, at the time of his appointment thereto, was designated in accordance with subsection (12) of this section as a professional position to which this section applies, and | ||
(iii) the case is not one in which a notional period of 10 years is added under subsection (1) of this section, | ||
then, subject to the provisions of this section, there shall be added, if the Minister in his discretion so directs, to the established service of the civil servant such notional period as the Minister directs not exceeding— | ||
(I) the number of years of professional experience which were required immediately before the appointment of the civil servant to such professional position in order to qualify for appointment thereto, or | ||
(II) 10 years, | ||
whichever is the lesser. | ||
(b) In subparagraph (II) of the foregoing paragraph, the reference to 10 years shall, in a case in which a notional period is added under subsection (1) of this section, be construed as a reference to the difference between that period and 10 years. | ||
(4) (a) Where— | ||
(i) an established civil servant has served in an established position for not less than 10 years, | ||
(ii) he holds, or has, whether before or after the passing of this Act, held, a position which, at the time of his appointment thereto, was not designated in accordance with subsection (12) of this section as a professional position to which this section applies, | ||
(iii) one of the qualifications required for appointment to such position was that, before appointment, the appointee must have had a period of professional experience, | ||
(iv) his appointment to such position was made otherwise than on promotion or transfer from another established position, | ||
(v) such position, or a position considered by the Minister to be an analogous position, is, at any time before the civil servant's retirement, so designated, and | ||
(vi) the case is not one in which a notional period of 10 years is added under subsection (1) of this section | ||
then, subject to the provisions of this section, there shall be added, if the Minister in his discretion so directs, to the civil servant's service in an established position such notional period as the Minister directs not exceeding one-half of that provided for by subsection (3) of this section, but taking for this purpose in a case in which one-half of an odd number of years would otherwise be taken, one-half of the next higher number of years. | ||
(b) For the purposes of the foregoing paragraph, a requirement of an unspecified period of pre-recruitment experience necessary to qualify for appointment shall, if the Minister in his discretion so thinks proper, be taken to be a requirement of such specific period as he considers appropriate, subject to the limitation that it shall not exceed the number of years of professional experience required immediately before the appointment of a person to the relevant position referred to in subparagraph (v) of the foregoing paragraph to qualify for appointment thereto. | ||
(5) Where a notional period is added under subsection (3) or (4) of this section, the civil servant's superannuation allowance and additional allowance shall, notwithstanding the scale of superannuation provided in section 2 of the Superannuation Act, 1859 , as amended by section 1 of the Superannuation Act, 1909 , and section 2 of the Superannuation Act, 1954 , be computed as though his established service were increased by the notional period so added. | ||
(6) (a) Where a person holds or has held a position which, at the time of his appointment thereto was designated in accordance with subsection (12) of this section as a professional position to which this section applies and he is enabled to reckon previous service either under the Superannuation Acts, 1834 to 1963, or under section 67 of the Local Government (Superannuation) Act, 1956 , then, subject to paragraph (b) of this subsection— | ||
(i) if the whole of such previous service can be counted as professional experience required to qualify for such position, the whole thereof shall be deducted from any notional period otherwise falling to be added to his established service under subsection (3) of this section, | ||
(ii) if part only of such previous service can be so counted, that part thereof shall be so deducted. | ||
(b) Where— | ||
(i) a person— | ||
(I) is entitled under section 67 of the Local Government (Superannuation) Act, 1956 , to reckon previous service in a position to which, at the time of his appointment, the Local Authorities (Officers and Employees) Act, 1926 , applied because the qualifications of that position were professional or, | ||
(II) is entitled to reckon under section 4 of this Act previous service in a position which, in the opinion of the Minister, was a professional position analogous to a position referred to in clause (I) of this subparagraph, | ||
(ii) a specified number of years of professional experience prior to appointment was required as one of the qualifications necessary for appointment to such position, and | ||
(iii) the aggregate of the periods referred to in sub-paragraphs (i) and (ii) of this paragraph exceeds the notional period otherwise falling to be added under subsection (3) of this section, | ||
then, in case the excess is equal to or greater than the previous reckonable service falling to be deducted under paragraph (a) of this subsection, that paragraph shall not apply and, in any other case, it shall be taken as providing for the previous reckonable service being treated for the purposes of the paragraph as being reduced by the excess. | ||
(c) For the purposes of subparagraph (ii) of paragraph (b) of this subsection, a requirement of an unspecified period of professional experience prior to appointment shall, if the Minister in his discretion so thinks proper, be taken to be a requirement of such specific period as, having regard to the limitation contained in paragraph (b) of subsection (4) of this section, he considers appropriate. | ||
(7) Where a person is enabled to reckon previous service in the Civil Service in an established professional position, and is appointed to a second established professional position, a notional period shall not be added under this section in respect of both professional positions. | ||
(8) A notional period added under subsection (3) of this section shall, in the case of a person who is not a person to whom subsection (1) of this section applies and who retired otherwise than because of permanent infirmity of mind or body before attaining the age of sixty-five years, be reduced by the period by which his age at retirement falls short of sixty-five years. | ||
(9) In the case of an established civil servant having temporary service which is reckonable under section 3 of the Superannuation Act, 1887 ,— | ||
(a) in case such of the temporary service as may be reckoned as established service is 10 years or more—a notional period shall not be added under this section, | ||
(b) in any other case—a notional period added under this section shall not exceed the period by which such of the temporary service as may be reckoned as established service is less than 10 years. | ||
(10) A notional period added under this section shall not be such that it, together with the service reckonable in computing a superannuation allowance exceeds 40 years. | ||
(11) (a) The Minister may by regulations specify the professional positions which may be designated as professional positions to which this section applies. | ||
(b) Every regulation made under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. | ||
(12) The Minister, in fixing under section 17 of the Civil Service Regulation Act, 1956 , the conditions of service for an established position may designate it as a professional position to which this section applies if (but only if)— | ||
(a) it is specified by regulations under subsection (11) of this section, | ||
(b) one of the qualifications required for appointment to it is that, before appointment, the appointee must have had a specified number of years of professional experience, and | ||
(c) appointment to it is made otherwise than on promotion or transfer from another established position. |