No. 23/1934:

NATIONAL SCHOOL TEACHERS' SUPERANNUATION SCHEME, 1934.

NATIONAL SCHOOL TEACHERS' SUPERANNUATION SCHEME, 1934.

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 the provisions contained in the Scheme hereby made are provisions which are authorised to be inserted therein by sub-sections (1) and (4) of section 3 of the said Act;

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;

NOW, I, Tomas O Deirg, 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:—

PART I. PRELIMINARY AND GENERAL.

1. This Scheme may be cited for all purposes as the National School Teachers' Superannuation Scheme, 1934.

2. This Scheme shall come into force on the 1st day of April, 1934.

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. In this Scheme—

the expression "the Minister" means the Minister for Education;

the expression "National School" means a school recognised by the Minister as a National School;

the expression "the appointed day" means the day on which this Scheme comes into force;

the expression "the Act of 1879" means the National School Teachers (Ireland) Act, 1879, except section 12 of that Act, and also includes the rules made under section 11 of that Act;

the expression "classed teacher" has the same meaning as in the Act of 1879;

the expression "non-classed teacher" means a person who is recognised by and receives salary from the Minister as a Lay Assistant Teacher in a Monastery or Convent National School, or as a Junior Assistant Mistress in a National School;

the expression "teacher" when used without qualification, means a person who is a classed teacher or a non-classed teacher;

the expression "retired classed teacher" means a person who was a classed teacher before the appointed day but is not a classed teacher on that day;

the expression "existing classed teacher" means a person who is a classed teacher on the appointed day;

the expression "the pre-1914 rules" means the rules made under section 11 of the National School Teachers' (Ireland) Act, 1879, before the 9th day of October, 1914;

the expression "the 1914 rules" means the Irish Teachers' Pension Rules, 1914, as amended;

the expressions "retired classed (pre-1914) teacher" and "existing classed (pre-1914) teacher" mean respectively a retired classed teacher and an existing classed teacher whose superannuation rights were immediately before the appointed day governed by the pre-1914 rules;

the expressions "retired classed (1914) teacher" and "existing classed (1914) teacher" mean respectively a retired classed teacher and an existing classed teacher whose superannuation rights were immediately before the appointed day governed by the 1914 rules;

the word "salary" means the remuneration received by a teacher from the Minister out of moneys provided by the Oireachtas for duty in a National School, but does not include the value of the Teacher's residence or gratuities for instruction of pupil teachers, or payment in respect of candidates at the Preparatory College Entrance Examination, or special allowances to teachers of National Schools for Irish-speaking children outside the Gaeltacht, or any other form of payment or emolument granted after the appointed day which the Minister shall declare to be excluded from the definition of "salary" for the purpose of this Scheme;

the word "retires" means ceases to serve as teacher, and the words "retired" and "retirement" shall be construed accordingly;

the expression "enters the service" means enters on service as a teacher;

the expression "re-enters the service" means re-enters on service as a teacher;

the expression "while in the service" means while actually serving as a teacher.

5. This Scheme applies to every teacher.

6.—(1) This Scheme shall, in its application to every person who is an existing classed teacher, be in substitution for the provisions of the Act of 1879, and the said provisions, save such of those provisions as relate to the payment and collection of premiums due in respect of salary for service given before the appointed day by such person, shall as on and from the appointed day cease to have effect in relation to such person.

(2) This Scheme shall, in its application to every person who is a non-classed teacher on the appointed day and is also a retired classed teacher, be in substitution for the provisions of the Act of 1879, and the said provisions, save such of those provisions as relate to the payment and collection of premiums due in respect of salary for service given before the appointed day by such person, shall as on and from the appointed day cease to have effect in relation to such person, and the pension (if any) payable under the said provisions to such person shall thereafter cease to be payable.

(3) This scheme shall, in its application to every person who becomes for the first time a classed teacher on a date after the appointed day, be in substitution for the provisions of the Act of 1879, and the said provisions shall as on and from the said date cease to have effect in relation to such person.

(4) This Scheme shall, in its application to every person who is not a non-classed teacher on the appointed day but is a retired classed teacher and who re-enters the service, be in substitution for the provisions of the Act of 1879, and the said provisions, save such of those provisions as relate to the payment and collection of premiums due in respect of salary for service given before the appointed day by such person, shall as on and from the date of such re-entry cease to have effect in relation to such person and the pension (if any) payable under the said provisions to such person shall thereafter cease to be payable.

7.—(1) The pensionable service of any person for the purposes of this Scheme shall, subject to the provisions of this paragraph, be reckoned in accordance with the following rules, that is to say:—

(a) in the case of a person who is an existing classed (pre-1914) teacher or a retired classed (pre-1914) teacher, one half of every period ending before the appointed day during which such person actually served as a classed teacher shall be pensionable service;

(b) in the case of a person who is an existing classed (1914) teacher or a retired classed (1914) teacher, every period ending before the appointed day during which such person actually served as a classed teacher shall be pensionable service;

(c) in the case of a person who is an existing classed (1914) teacher or a retired classed (1914) teacher, every period ending before the appointed day (being a period during which such person did not actually serve as a classed teacher but which was under the 1914 rules reckonable as service by such person for superannuation purposes under the Act of 1879), shall be pensionable service;

(d) in the case of a person (in this paragraph referred to as an eligible person) who is a teacher on the appointed day, or who, though not a teacher on the appointed day, served as a teacher at any time during the period of five years ending immediately before the appointed day, two-thirds of every period ending before the 1st day of April, 1921, during which such person—

(i) was employed full-time in the capacity of lay assistant teacher in a Convent or Monastery National School in Ireland, and

(ii) was duly recognised by the Commissioners of National Education in Ireland,

shall be pensionable service;

(e) in the case of an eligible person, two-thirds of every period commencing on or after the 1st day of April, 1921, and ending before the 1st day of February, 1922, during which such person—

(i) was employed full-time in the capacity of lay assistant teacher in a Convent or Monastery National School in Ireland, and

(ii) was in that capacity in receipt of salary paid directly out of moneys provided by the United Kingdom Parliament,

shall be pensionable service;

(f) in the case of an eligible person, two-thirds of every period ending before the 1st day of February, 1922, during which such person—

(i) was employed full-time in the capacity of junior assistant mistress or manual instructress in a National School in Ireland, and

(ii) was in that capacity in receipt of salary paid directly out of moneys provided by the United Kingdom Parliament,

shall be pensionable service;

(g) in the case of an eligible person, two-thirds of every period commencing on or after the 1st day of February, 1922, and ending before the appointed day during which such person—

(i) was employed full-time in the capacity of lay assistant teacher in a Convent or Monastery National School in Saorstát Eireann, or in the capacity of junior assistant mistress in a National School in Saorstát Eireann, and

(ii) was in that capacity in receipt of salary paid directly out of moneys provided by the United Kingdom Parliament or the Oireachtas,

shall be pensionable service;

(h) in the case of any person who is a teacher, every period, commencing on or after the appointed day during which such person was in receipt of salary after attaining the age of eighteen, shall be pensionable service.

(2) The Minister may, with the consent of the Minister for Finance, direct that any period, which, in his opinion, was, owing to political causes, a period of interruption of teaching service, shall, in relation to any person, who served as a teacher before or after that period but did not serve as a teacher during such period, be reckoned for the purposes of this Scheme as part of the pensionable service of such person, and, if such direction is given, such period shall, subject to the provisions of this paragraph, be so reckoned in respect of such person.

(3) Where any moneys have been repaid out of the Pension Fund established by the Act of 1879 on account of premiums to a person who is an existing classed teacher or a retired classed teacher, no period ending before the appointed day during which such person actually served as a classed teacher shall be reckoned as part of the pensionable service of such person for the purposes of this Scheme unless either—

(i) such person has before the appointed day paid into the said Fund such moneys with compound interest thereon at the rate of two and a half per cent. per annum, or

(ii) in case he has paid part only of such moneys and compound interest into the said Fund before the appointed day, such person pays to the Minister, within such time, in such manner, and with such additions (if any) on account of interest as the Minister may direct, a sum equal to the balance of such moneys and compound interest, or

(iii) in case he has paid no part of such moneys and compound interest into the said Fund before the appointed day, such person pays to the Minister within such time, and in such manner, and with such additions (if any) on account of interest as the Minister may direct, a sum equal to such moneys and compound interest.

(4) Where a short service gratuity is paid to a person who is an existing classed teacher or a retired classed teacher, and such person subsequently re-enters the service, no period ending before the appointed day during which such person actually served as a classed teacher shall be reckoned as part of the pensionable service of such person for the purposes of this Scheme unless such person pays to the Minister within such time and in such manner, and with such additions (if any) on account of interest as the Minister may direct, a sum equal to such gratuity with compound interest thereon at the rate of two and a half per cent. per annum.

(5) Where a disablement gratuity or a marriage gratuity has been paid to a person and such person subsequently re-enters the service, none of the previous service of such person as a teacher shall be reckoned as part of the pensionable service of such person for the purposes of this Scheme unless such person pays to the Minister within such time, and in such manner and with such additions (if any) in respect of interest as the Minister may direct, a sum equal to such gratuity.

8.—(1) There shall be established for the purpose of this Scheme a fund (in this paragraph referred to as the fund) and such fund shall be maintained and managed by the Minister.

(2) So much of the moneys provided by the Oireachtas for the purposes of this Scheme as may from time to time be required to make payments out of the fund shall, at such time or times and in such manner as the Minister may direct, be paid into the fund.

(3) All pensions, gratuities and other payments under this Scheme shall be paid out of the fund.

9.—All pensions, gratuities and other payments under this Scheme shall be awarded by the Minister with the consent of the Minister for Finance.

PART II. PENSIONS.

10.—(1) Subject to the provisions of this Scheme, there may be paid to any teacher on his retirement a pension (in the Scheme referred to as a pension) at the rate of one-eightieth of his pensionable salary in respect of every completed year of his pensionable service.

(2) A pension payable to a teacher shall not in any case be less than thirteen pounds nor exceed forty-eightieths of his pensionable salary.

(3) In this paragraph the expression "pensionable salary" means in relation to a teacher his average annual salary for the three years ending on the 31st day of March next before his retirement.

11.—A pension shall not be granted to any teacher unless at the date of his retirement—

(a) such teacher has not less than ten years pensionable service, and

(b) either—

(i) such teacher has attained the age of sixty, or has attained the age of fifty-five and has not less than thirty-five years pensionable service, or

(ii) the Minister and the Minister for Finance are satisfied that such teacher has, while in the service, become incapable from infirmity of mind or body of discharging the duties of a teacher efficiently and that such infirmity is likely to be permanent, or

(iii) such teacher having attained the age of fifty is removed from service as a teacher by the Minister on the ground of his inability to discharge the duties of a teacher efficiently, and the Minister for Finance considers the circumstances of the case justify the grant of a pension.

12.—Where a teacher applies for a pension on the ground of infirmity of mind or body, such teacher shall furnish to the Minister medical evidence of his condition and shall, if so required by the Minister for Finance, submit to such medical examination as that Minister may direct.

13.—(1) Where a pension has been granted to a person under the age of fifty, such pension shall be reconsidered at such intervals as the Minister for Finance may direct, and that Minister may, if he is satisfied that such teacher is no longer incapable from infirmity of body or mind of discharging the duties of a teacher, suspend for such period as he thinks fit or determine such pension.

(2) For the purposes of this paragraph the teacher shall whenever so required by the Minister for Finance furnish to the said Minister medical evidence of his condition and submit to such medical examination as the said Minister may direct, and if such teacher does not comply with any such requirement the said Minister may suspend for such period as he thinks fit or determine his pension.

14.—Where a pension is granted to a teacher who has, while in the service, become incapable from infirmity of mind or body of discharging the duties of a teacher or who, having attained the age of fifty, is removed from service as a teacher by the Minister on the ground of inability to discharge the duties of a teacher efficiently, the amount of such pension may, if, in the opinion of the Minister for Finance, after consultation with the Minister, such infirmity or inability has been wholly or in part caused by such teacher's own misconduct or default, be reduced by such sum as the Minister for Finance thinks fit.

15.—Where a person having retired with a pension re-enters the service, such pension shall cease, but the pensionable service of such person before his retirement shall be reckoned as part of his pensionable service for the purposes of the grant of a pension on subsequent retirement.

PART III. GRATUITIES, AND PAYMENTS ON DEATH.

16.—(1) Where a teacher to whom this paragraph applies is dismissed from his office or retires in circumstances in which a pension or disablement gratuity, or marriage gratuity cannot be awarded to him, a gratuity (in this Scheme referred to as a short service gratuity) equal to the amount of any premiums paid by him under the Act of 1879 and not previously repaid to him, and any moneys paid by him to the Minister under this Scheme, may, subject to the provisions of this Scheme, be granted to him.

(2) This paragraph applies to—

(a) an existing classed teacher, and

(b) a retired classed teacher.

17.—(1) Where—

(a) a teacher, whose pensionable service is less than ten years, retires, and

(b) the circumstances were such that, if his pensionable service had been ten years, a pension could have been granted to him,

there may, subject to the provisions of this Scheme, be paid to him a gratuity (in this Scheme referred to as a disablement gratuity) calculated at the rate of one-tenth of his annual salary for every completed year of pensionable service.

(2) In this paragraph—

the expression "annual salary" means—

(a) in relation to a teacher whose pensionable service on the 31st day of March next preceding his retirement is not less than three years, his annual average salary for the three years ending on the 31st day of March next preceding his retirement,

(b) in relation to any other teacher, his average annual salary during the period of his pensionable service.

18.—(1) Where a woman teacher (other than a woman teacher to whom a pension may be granted) whose pensionable service is not less than seven years, is required under regulations made by the Minister, with the approval of the Minister for Finance, to retire from service as a teacher on marriage, there may, subject to the provisions of this Scheme, be paid to her on her marriage a gratuity (in this Scheme referred to as a marriage gratuity) of an amount equal to whichever is the less of the following sums, that is say—

(a) a sum equal to her average annual salary for the three years ending on the 31st day of March next preceding the date of her marriage,

(b) a sum calculated at the rate of one-twelfth of such average annual salary in respect of every completed year, in excess of one, of her pensionable service.

(2) Before paying a marriage gratuity, the Minister may require the person claiming such gratuity to produce such evidence of her marriage as he may think fit.

19.—(1) Where a teacher (other than a teacher who after having retired with a pension re-enters the service) dies while in the service and such teacher has at least five years pensionable service, there may, subject to the provisions of this Scheme, be paid to his legal personal representatives the appropriate amount.

(2) Where—

(a) a person after having retired with a pension, re-enters the service, and

(b) dies while in the service, and

(c) the amount received by such person in respect of such pension is less than the appropriate amount,

there may, subject to the provisions of this Scheme, be paid to the legal personal representatives of such person a sum equal to the difference between such amount and the appropriate amount.

(3) Where—

(a) a person entitled to a pension dies after retirement, and

(b) the amount received by him in respect of such pension is less than the amount which would, if he had died at the date of his retirement, have been payable to his legal person representatives under whichever of the immediately preceding sub-paragraphs would be applicable,

there may, subject to the provisions of this Scheme be paid to his legal personal representatives a sum equal to the difference between the said two amounts.

(4) In this paragraph the expression "the appropriate amount" means—

(a) in relation to a person who was a retired classed teacher or an existing classed teacher and who had not been repaid the premiums paid by him under the Act of 1879, a sum equal to whichever is the greater of the following sums, that is to say—

(i) a sum equal to his average annual salary for the three years ending on the 31st day of March next preceding the date of his death;

(ii) a sum equal to the premiums paid by him under the Act of 1879, with compound interest thereon at the rate of two and a half per cent. per annum;

(b) in relation to any other person, a sum equal to his average annual salary for the three years ending on the 31st day of March next preceding the date of his death.

For the purposes of this sub-paragraph a person to whom a short service gratuity has been granted shall be deemed to be a person to whom the premiums paid by him under the Act of 1879 have been repaid.

PART IV. SUPPLEMENTARY PROVISIONS.

20.—(1) Every pension granted under this Scheme to a teacher on his retirement shall be an annual sum payable during the life of such teacher and shall commence from the day next following the date of his retirement.

(2) A pension under this Scheme which is not an exact multiple of fourpence shall be increased to the next larger multiple of fourpence.

21.—(1) Every pension under this Scheme shall accrue from day to day, but any sum due on account of such pension shall not be payable until the end of the quarter in which it becomes due, subject, however, to the following provisions, namely—

(a) in the case of the death of a person to whom any such sum is due, earlier payment may be authorised by the Minister,

(b) an advance may be made at the end of any month in respect of the amount of the pension accrued due in that month, but no such advance made in respect of either the first and second months of any quarter shall exceed eight per cent. (fractions of a pound being excluded) of the total pension.

(2) Each of the following periods shall be a quarter for the purposes of this paragraph—

(a) the period of three months commencing on any 1st day of April,

(b) the period of three months commencing on any 1st day of July,

(c) the period of three months commencing on any 1st day of October,

(d) the period of three months commencing on any 1st day of January.

22.—(1) Where a teacher on retirement claims a pension under this Scheme, notice of his claim shall be given to the Minister within one year from the date on which he retired or, if the Minister extends under this paragraph the time within which such notice may be given, within such extended time.

(2) In the case of a claimant who is of unsound mind or otherwise unable, in the opinion of the Minister, to make the claim, the claim may be made by any person on his behalf, and in any other case the claim shall be made by the claimant personally.

(3) If a claimant for a pension under this Scheme fails to give notice of his claim within the time limited by sub-paragraph (1) of this paragraph, no pension under this Scheme shall be granted to the claimant, but if the claimant is a retired classed teacher or an existing classed teacher, there shall, subject to the provisions of this Scheme, unless he has been already repaid the premiums paid by him under the Act of 1879 or has been paid a short service gratuity, be paid to him a sum equal to the amount of such premiums together with compound interest thereon at the rate of two and one half per cent. per annum.

(4) Where a claimant for a pension fails to give notice of such claim within one year from the date of his retirement, the Minister may, if in his opinion reasonable cause has been shown for such failure, extend the time for giving notice of such claim.

23.—(1) Where a person in receipt of a pension under this Scheme is, during the continuance of such pension, convicted of a crime or offence by a court, and is sentenced by that court for that crime or offence to imprisonment with hard labour for any term, or to imprisonment for a term exceeding twelve months, or to penal servitude for any term, the following provisions shall have effect, that is to say:—

(a) such pension shall be forfeited as from the date of such conviction, and

(b) if—

(i) such person is a retired classed teacher or an existing classed teacher, and

(ii) the total amount received by such person in respect of such pension is less than the premiums paid by him under the Act of 1879,

there may, unless such person has been repaid such premiums or has been granted a short service gratuity, be paid in such person a sum equal to the difference between such total amount and the amount of such premiums.

(2) Where a person while in the service is convicted of a crime or offence by a court, and is sentenced by that court for that crime or offence to imprisonment with hard labour for any term, or to imprisonment for a term exceeding twelve months, or to penal servitude for any term, no pension or gratuity shall be payable to such person under this Scheme, but, if such person is a retired classed teacher or an existing classed teacher, there may, unless such person has been repaid the premiums paid by him under the Act of 1879 or has been granted a short service gratuity, be paid to such person a sum equal to such premiums.

24.—No pension or gratuity shall be paid under this Scheme to or in respect of a person who enters the service for the first time after the appointed day, unless such person shall have on such entry furnished to the Minister satisfactory evidence of his health and physical fitness and has at his own expense submitted to such medical examination as the Minister, with the concurrence of the Minister for Finance, may direct.

25.—Every assignment of and every charge on and every agreement to assign or charge a pension gratuity or other sum payable under this Scheme shall be void.

26.—Where on the death of a teacher any sum is due to his estate on account of any pension, gratuity or other sum under this Scheme, the Minister may, if probate or other proof of the title of the legal personal representatives of the teacher is not produced to him pay the sum due to, or distribute it amongst the persons appearing to him to be beneficially entitled to the personal estate of the teacher; and the Minister shall be discharged from any liability in respect of such payment or distribution.

27.—(1) Where the Minister is satisfied that a teacher to whom a pension, gratuity or other sum is payable under this Scheme is incapable of giving a receipt for such pension, gratuity or sum, the Minister may pay any sum payable on account of such pension, gratuity or other sum either to the institution or the person having care of such teacher, or for the benefit of such person or persons as the Minister considers to be dependants of such teacher, or may pay any such sum partly to such institution or person having care of such teacher and partly to such persons as the Minister considers to be dependants of such teacher, and in such manner as the Minister thinks fit.

(2) Any payments made by the Minister under this paragraph shall be as full a discharge for the Minister as if such payments had been made directly to the teacher entitled to the pension, gratuity or sum in respect of which such payments were made.

28.—The Minister may at any time require a teacher to give proof to his satisfaction of the age of such teacher.

29.—(1) The Minister may, before paying a sum on account of a pension, require proof to his satisfaction of the existence of the pensioner.

(2) The Minister may, before paying any pension, gratuity or other sum under this Scheme to a person claiming payment thereof require proof to his satisfaction of the identity of such person.

30.—No pension, or gratuity (other than a short service gratuity) shall be granted under this Scheme to a teacher who has been declared by the Minister to be ineligible for further recognition as a teacher by the Minister, owing to the misconduct of such teacher.

31.—No pension, gratuity (other than a short service gratuity) or other sum shall be payable under this Scheme to or in respect of any teacher who has, otherwise than under and in accordance with permission given by the Minister to such teacher, continued to serve as a teacher after such teacher has attained, in the case of a male, the age of sixty-five or, in the case of a female, the age of sixty.

Given under my Seal of Office this 3rd day of March, 1934.

T. Ó DEIRG,

Minister for Education.

I hereby consent to the foregoing Scheme.

SEÁN MACENTEE,

Minister for Finance.