No. 17/1946:

SUPERANNUATION ACT, 1946

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Amendment of section 1 of Superannuation Act, 1887.

3 Adjustment of superannuation award.

4 Provisions as to Emergency Powers (No. 354) Order, 1945.

5 Expenses.

6 Short title and collective citation.

AN ACT TO AMEND AND EXTEND THE SUPERANNUATION ACTS, 1834 TO 1942.

[11th July, 1946.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "the Act of 1887" means the Superannuation Act, 1887, as amended or adapted by or under any subsequent enactment;

the expression "the 1940 Regulations" means the Civil Service (Stabilisation of Bonus) Regulations, 1940 (S. R. & O., No. 177 of 1940).

2.—Section 1 of the Act of 1887 shall, in relation to persons injured on or after the 3rd day of September, 1939, have effect—

( a ) as if in subsection (1) thereof—

(i) there were substituted for the words "or if he dies from the injury" the words "and, if within seven years after the date of the injury, he dies as a direct result thereof",

(ii) there were substituted for the reference to the widow of a person injured, in a case where that person is a female, a reference to her widowed husband, and

(iii) there were substituted for the words "to his children, or to any of them" the words "to or in respect of his children, or any of them", and

(iv) the word "children" included illegitimate children and step-children and children in relation to whom the injured person was in loco parentis at the date of the injury;

( b ) as if for subsection (3) thereof there were substituted the following subsection—

"(3) ( a ) Any allowance granted under this section to an injured person shall not, together with any superannuation allowance for which he is otherwise qualified, exceed five sixths of the annual salary and emoluments of the office held by him at the date of the injury.

( b ) In this subsection the expression superannuation allowance includes, in relation to any person, an annual compensation or retiring allowance under the Superannuation Acts, 1834 to 1946, and the annuity value (calculated in such manner as the Minister directs) of any additional allowance under these Acts.".

3.—(1) This section applies to a person—

( a ) in respect of whose remuneration a determination was made by the Minister for Finance under subsection (5) of section 3 of the Public Services (Temporary Economics) Act, 1933 (No. 37 of 1933), and

( b ) who retired from the Civil Service with a superannuation award on or after the 1st day of July, 1940, and before the passing of this Act, and

( c ) to whom the 1940 Regulations applied immediately before such retirement.

(2) In this section the expression "superannuation award" includes a superannuation allowance under subsection (1) of section 1 of the SUperannuation Act, 1909, and any such allowance as altered under the Emergency Powers (No. 354) Order, 1945 (S. R. & O., No. 29 of 1945), and any additional allowance under section 3 of the said Act.

(3) The superannuation award of a person to whom this section applies may be so adjusted as to authorise payment as if the 1940 Regulations did not apply to him immediately before the date of his retirement, and the adjusted award may be payable as from the date on which the original award first became payable.

(4) In making payments under subsection (3) of this section credit shall be taken for the payments of the superannuation award already made.

4.—The following provisions shall have effect in relation to the Emergency Powers (No. 354) Order, 1945 (S. R. & O., No. 20 of 1945),—

( a ) the order shall continue in force after the expiration of the Emergency Powers Act, 1939 (No. 28 of 1939);

( b ) the Supplies and Services (Temporary Provisions) Act, 1946 , shall not apply to the order.

5.—All expenses incurred in carrying this Act into execution shall be paid out of moneys provided by the Oireachtas.

6.—(1) This Act may be cited as the Superannuation Act, 1946 .

(2) The Superannuation Acts, 1834 to 1942, and this Act may be cited together as the Superannuation Acts, 1834 to 1946.