No. 54/1932:

SECONDARY TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1932.

SECONDARY TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1932.

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 Secondary Teachers' Superannuation Scheme, 1929 (Statutory Rules and Orders, 1929, No. 19), was duly made under the said Act and was confirmed by resolution of Dáil Eireann passed on the 20th day of June, 1929, and by resolution of Seanad Eireann passed on the 20th day of June, 1929;

AND WHEREAS it is expedient to amend the said Secondary Teachers' Superannuation Scheme, 1929, in the manner hereinafter appearing;

NOW, the Minister for Education, with the consent of the Minister for Finance, testified by his signature hereto, in exercise of the powers conferred on him by the Teachers' Superannuation Act, 1928 (No. 32 of 1928), and of every and any other power him in this behalf enabling, hereby makes the following Scheme, that is to say:—

1. This Scheme may be cited for all purposes as the Secondary Teachers' Superannuation (Amendment) Scheme, 1932, and the Secondary Teachers' Superannuation Scheme, 1929, and this Scheme may be cited together as the Secondary Teachers' Superannuation Schemes, 1929 and 1932.

2. This Scheme shall come into force immediately upon it being confirmed by both Houses of the Oireachtas.

3. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Scheme in like manner as it applies to the interpretation of an Act of the Oireachtas.

4.—(1) In this Scheme the expression "the Principal Scheme" means the Secondary Teachers' Superannuation Scheme, 1929 (Statutory Rules and Orders, 1929, No. 19).

(2) Expressions and words used in this Scheme which are also used in the Principal Scheme have the same meanings in this Scheme as they respectively have in the Principal Scheme.

5. Paragraph 6 of the Principal Scheme is hereby amended by the insertion in sub-paragraph (4) of the said paragraph of the following clause in lieu of clause (c) now contained therein, and the said paragraph shall be construed and have effect accordingly, that is to say—

"(c) if over fifty years of age on the appointed day, has approved teaching service for not less than five of the ten years immediately preceding the appointed day;"

6. Sub-paragraph (2) of paragraph 7 of the Principal Scheme is hereby amended by the substitution of the words "after the date" for the words "of the date" now contained therein, and the said sub-paragraph shall be construed and have effect accordingly.

7. A person who complies with all the following conditions, namely—

(a) is a retired recognised teacher,

(b) either was aged not less than sixty years at the date of his retirement, or if under that age at such date, retired owing to infirmity of mind or body which, in the opinion of the Minister and the Minister for Finance, rendered him incapable of discharging his duties as a teacher, and which, in the opinion of the said Ministers, is likely to be permanent,

(c) had approved teaching service for five of the ten years immediately preceding the date of his retirement,

(d) is not qualified for membership of the Principal Scheme under sub-paragraph (1) of paragraph 6 of the Principal Scheme,

may, before the 1st day of November, 1932, send an application to the Minister for admission to membership of the Principal Scheme as from the appointed day, and upon such application being made the following provisions shall have effect, that is to say—

(1) such person shall for the purposes of the Principal Scheme be deemed—

(i) to have been admitted to membership of the Principal Scheme on the appointed day, and

(ii) immediately after such admission to have ceased to be a member of the Principal Scheme,

(2) the Principal Scheme shall be deemed to have applied in respect of such person as an ex-member as on and from the appointed day,

(3) the pension payable under the Principal Scheme to such person shall commence to be payable as from the date on which this Scheme comes into force, and not from any earlier date.

8. A person who complies with all the following conditions, namely—

(a) is an existing recognised teacher,

(b) if over the age of fifty years on the appointed day, had approved teaching service for not less than five of the ten years immediately preceding the appointed day,

(c) if not over thirty years of age on the appointed day, provides proof of his health and physical fitness and submits to such medical examination at his own expense as the Minister for Finance may direct,

(d) is not qualified for membership of the Principal Scheme under sub-paragraph (3) of paragraph 6 of the Principal Scheme,

(e) was not appointed to a certified pensionable post in the Civil Service before the 1st day of August, 1932,

may before the 1st day of November, 1932, send to the Minister an application for admission to membership of the Principal Scheme as from the appointed day, and upon such application being made the following provisions shall have effect, that is to say—

(1) such person shall be deemed to have been admitted to membership of the Principal Scheme on the appointed day,

(2) the principal Scheme shall be deemed to have applied in respect of such person as from the appointed day subject as regards the period (in this paragraph referred to as the intermediate period) commencing on the appointed day and ending on the 31st day of July, 1932, to the following modifications, that is to say—

(i) if such person during the intermediate period ceased to be engaged in approved teaching service and subsequently re-entered on approved teaching service, he shall be deemed to have made on the date of such re-entry an application under paragraph 9 of the Principal Scheme,

(ii) paragraph 13 of the Principal Scheme shall not apply during the intermediate period in respect of such persons,

(3) if, but only if, the following provisions are complied with, that is to say—

(i) there is before the 1st day of February, 1933, paid into the pension fund by such person a sum equal to the contributions which would, if such person had in fact become a member of the Principal Scheme on the appointed day and had in fact been a member of the Principal Scheme during every period of approved teaching service given by him during the intermediate period, have been paid by him under sub-paragraph (1) of paragraph 13 of the Principal Scheme, together with compound interest at the rate of three pounds per cent. per annum on each such contribution as from the date in which the same would have been due and payable, and

(ii) there is before the 1st day of February, 1933, paid into the pension fund either by the secondary school or schools in which such person was employed during the intermediate period or otherwise a sum equal to the contributions which would, if such person had in fact become a member of the Principal Scheme on the appointed day and had in fact been a member of the Principal Scheme during every period of approved teaching service given by him during the intermediate period, have been paid in respect of him under sub-paragraph (2) of paragraph 13 of the Principal Scheme, together with compound interest at the rate of three pounds per cent. per annum on each such contribution as from the date on which the same would have been due and payable,

then every period of approved teaching service of such person during the intermediate period shall be deemed for the purposes of the Principal Scheme to be contributing service,

(4) if such person has attained the age of sixty-four years before the 1st day of August, 1932, he may before the 1st day of November, 1932, apply to the Minister for permission to continue to serve as a teacher from year to year until he reaches the age of seventy years and the Minister may grant such permission and thereupon such permission shall be deemed to have been special permission duly granted under clause (a) of sub-paragraph (3) of paragraph 17 of the Principal Scheme and shall where necessary operate retrospectively,

the pension (if any) payable to such person under the Principal Scheme shall commence on whichever is the later of the following dates, namely, the date of the coming into force of this Scheme, and the date on which such person retires from approved teaching service in circumstances entitling him to a pension.

9. A person who complies with all the following conditions, namely—

(a) is not a retired recognised teacher, or an existing recognised teacher,

(b) if over the age of fifty years on the appointed day, had approved teaching service for not less than five of the ten years immediately preceding the appointed day,

(c) was twenty-one years or upwards on the appointed day or attained the age of twenty-one years before the 1st day of August, 1932,

(d) was a registered secondary teacher on the appointed day or subsequent to the appointed day and before the 1st day of August, 1932, became a registered secondary teacher,

(e) had approved teaching service before the 1st day of August, 1932,

(f) in the case of a person not over thirty years of age on his admission date as hereinafter defined or a person over that age on his admission date as hereinafter defined who has not at least one year's approved teaching service before the appointed day, provides proof of his health and physical fitness and submits to such medical examination at his own expense as the Minister for Finance may direct,

(g) was not qualified for membership of the Principal Scheme under sub-paragraph (4) of paragraph 6 of the Principal Scheme,

(h) was not appointed to a certified pensionable post in the Civil Service before the 1st day of August, 1932,

may, before the 1st day of November, 1932, send to the Minister an application for admission to membership as from the date (in this paragraph referred to as his admission date) next following the appointed day on which he first complied with all the following conditions, namely, was twenty-one years or upwards, was a registered secondary teacher, and had approved teaching service, and upon such application being made the following provisions shall have effect, that is to say—

(1) such person shall be deemed to have been admitted to membership of the Principal Scheme as on his admission date,

(2) the Principal Scheme shall be deemed to have applied in respect of such person as from his admission date subject as regards the period (in this paragraph referred to as the intermediate period) commencing on his admission date and ending on the 31st day of July, 1932, to the following modifications, that is to say—

(i) if such person during the intermediate period ceased to be engaged in approved teaching service and subsequently re-entered on approved teaching service, he shall be deemed to have made on the date of such re-entry an application under paragraph 9 of the Principal Scheme,

(ii) paragraph 13 of the Principal Scheme shall not apply during the intermediate period in respect of such person,

(3) if, but only if, the following provisions are complied with, that is to say—

(i) there is before the 1st day of February, 1933, paid into the pension fund by such person a sum equal to the contributions which would, if such person had in fact become a member of the Principal Scheme on his admission date and had in fact been a member of the Principal Scheme during every period of approved teaching service given by him during the intermediate period, have been paid by him under sub-paragraph (1) of paragraph 13 of the Principal Scheme together with compound interest at the rate of three pounds per cent. per annum on each such contribution as from the date on which the same would have been due and payable, and

(ii) there is before the 1st day of February, 1933, paid into the pension fund either by the secondary school or schools in which such person was employed during the intermediate period or otherwise a sum equal to the contributions which would, if such person had in fact become a member of the Principal Scheme on his admission date and had in fact been a member of the Principal Scheme during every period of approved teaching service given by him during the intermediate period, have been paid in respect of him under sub-paragraph (2) of paragraph 13 of the Principal Scheme together with compound interest at the rate of three pounds per cent. per annum on each such contribution as from the date on which the same would have been due and payable,

then every period of approved teaching service of such person during the intermediate period shall be deemed for the purposes of the Principal Scheme to be contributing service,

(4) if such person has attained the age of sixty-four years before the 1st day of August, 1932, he may before the 1st day of November, 1932, apply to the Minister for permission to continue to serve as a teacher from year to year until he reaches the age of seventy years and the Minister may grant such permission and thereupon such permission shall be deemed to have been special permission duly granted under clause (a) of sub-paragraph (3) of paragraph 17 of the Principal Scheme and shall where necessary operate retrospectively,

(5) the pension (if any) payable to such person under the Principal Scheme shall commence on whichever is the later of the following dates, namely, the date of the coming into force of this Scheme, and the date on which such person retires from approved teaching service in circumstances entitling him to a pension.

Given under my Seal of Office this second day of June, 1932.

T O' DEIRG,

Minister for Education.

I consent to the foregoing Scheme.

Dated this 14th day of June, 1932.

SEÁN MACENTEE,

Minister for Finance.