S.I. No. 153/1956:

SECONDARY TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1956.

SECONDARY TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1956.

I, RISTEÁRD UA MAOLCHATHA, Minister for Education, with the consent of the Minister for Finance, in exercise of the powers conferred on me by the Teachers' Superannuation Act, 1928 (No. 32 of 1928), hereby make the following Scheme :

1. This Scheme may be cited as the Secondary Teachers' Superannuation (Amendment) Scheme, 1956, and the Secondary Teachers' Superannuation Schemes, 1929 to 1954, and this Scheme may be cited together as the Secondary Teachers' Superannuation Schemes, 1929 to 1956.

2. This Scheme shall come into force immediately upon its being confirmed by each House of the Oireachtas.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.

4.--(1) In this Scheme--

" the Amending Scheme of 1951 " means the Secondary Teachers' Superannuation (Amendment) Scheme, 1951 ( S.I. No. 48 of 1951 ) ;

" the prescribed period " means such period as may be prescribed by the Minister but not exceeding ten years from the date on which particulars of the arrears of contribution payable are sent to the teacher concerned ;

" the Principal Scheme " means the Secondary Teachers' Superannuation Scheme, 1929 ( S. R. & O. No. 19 of 1929 ), as amended by subsequent Schemes.

(2) The Principal Scheme and this Scheme shall be construed together as one Scheme.

5.--(1) Notwithstanding anything contained in the Principal Scheme, a recognised teacher who has not been admitted to membership may, within six months from the date of the confirmation of this Scheme, apply to be admitted to membership from the first day on which he gave approved teaching service after the 31st day of July, 1929.

(2) A person who is admitted to membership under subparagraph (1) of this paragraph and who, during the period beginning on the 1st day of August, 1929, and ending on the 31st day of July, 1956, ceased to be engaged in approved teaching service and subsequently, within that period, re-entered approved teaching service, shall be deemed to have made application under paragraph 9 of the Principal Scheme on the date of such re-entry.

(3) Nothing in subparagraph (1) of this paragraph shall prevent a person from duly making application under subparagraph (2) of paragraph 7 of the Principal Scheme.

6.--(1) Notwithstanding anything contained in the Principal Scheme, an existing member who did not become such member from the first day on which he gave approved teaching service after the 31st day of July, 1929, may, within six months from the date of the confirmation of this Scheme, apply to have his membership antedated to such first day.

(2) A person whose membership is ante-dated under subparagraph (1) of this paragraph and who, during the period beginning on the 1st day of August, 1929, and ending on the 31st day of July, 1956, ceased to be engaged in approved teaching service and subsequently, within that period, re-entered approved teaching service, shall be deemed to have made application under paragraph 9 of the Principal Scheme on the date of such re-entry.

7. The provisions of subparagraph (2) of paragraph 13 of the Principal Scheme shall be deemed to have been complied with in relation to all service before the 1st day of August, 1950, in respect of a person who is admitted to membership under paragraph 5 or whose membership is ante-dated under paragraph 6 of this Scheme.

8.--(1) A person who is admitted to membership under paragraph 5 of this Scheme shall pay to the pension fund a contribution of five per cent. per annum of his standard salary in respect of his approved teaching service from the 1st day of August, 1950, and shall, if he had approved teaching service prior to that date, so pay, within the prescribed period, arrears of contribution at the rate of six and one-half per cent. of the basic salary and four per cent. of the incremental salary paid or deemed to have been paid to him in respect of each year of his approved teaching service during the period beginning on the 1st day of August, 1929, and ending on the 31st day of July, 1950, together with compound interest at the rate of one per cent. of the said percentages of the said basic and incremental salaries.

(2) The compound interest referred to in subparagraph (1) of this paragraph shall be calculated as from the last day of each school year in respect of which the said arrears of contribution are being paid to the date on which they are paid.

9.--(1) A person whose membership is ante-dated under paragraph 6 of this Scheme shall pay to the pension fund a contribution of five per cent. per annum of his standard salary in respect of his approved teaching service from the 1st day of August, 1950, and shall, if he had approved teaching service prior to that date, so pay, within the prescribed period, arrears of contribution at the rate of six and one-half per cent. per annum of the basic salary and four per cent. per annum of the incremental salary paid or deemed to have been paid to him in respect of so much of his approved teaching service during the period beginning on the 1st day of August, 1929, and ending on the 31st day of July, 1950, as was not contributing service on the day on which he made application under paragraph 6 of this Scheme, together with compound interest at the rate of one per cent. of the said percentages of his said basic and incremental salaries.

(2) The compound interest referred to in subparagraph (1) of this paragraph shall be calculated as from the last day of each school year in respect of which the said arrears of contribution are being paid to the date on which they are paid.

10. Part II of the Amending Scheme of 1951 shall apply to a person who is admitted to membership or whose membership is ante-dated under this Scheme and such person shall pay to the pension fund the additional contributions in respect of all his approved teaching service between the 1st day of August, 1929 and the 31st day of July, 1950, within ten years from the date on which particulars of the amount of such additional contributions are sent to him or within such shorter period as may be fixed by the Minister.

11.--(1) Notwithstanding paragraph 16 of the Amending Scheme of 1951, an existing member to whom Part II of that Scheme applies who, under the Principal Scheme, was admitted to membership from the first day on which he gave approved teaching service after the 31st day of July, 1929, or had his membership ante-dated to such first day but who did not exercise his option under the said paragraph 16 to pay the additional contributions in respect of all his approved teaching service between the 1st day of August, 1929, and the 31st day of July, 1950, may opt, within six months from the date of the confirmation of this Scheme, to pay the additional contributions in respect of the portion of his approved teaching service in respect of which he did not exercise his option, within ten years from the date on which particulars of the amount of such additional contributions are sent to him or within such shorter period as may be fixed by the Minister.

(2) An existing member who, under the Principal Scheme, was admitted to membership from the first day on which he gave approved teaching service after the 31st day of July, 1929, but who is not a person to whom Part II of the Amending Scheme of 1951 applies may opt, within six months from the date of the confirmation of this Scheme, to pay the additional contributions in respect of all his approved teaching service between the 1st day of August, 1929, and the 31st day of July, 1950, within ten years from the date on which particulars of the amount of the additional contributions are sent to him or within such shorter period as may be fixed by the Minister and, upon having exercised such option, he shall pay, as from the 1st day of August, 1950, a contribution of five per cent. per annum of his standard salary and Part II of the Amending Scheme of 1951 shall then apply to him.

12. The time within which any application may be made or any option may be exercised under paragraph 5, paragraph 6 or paragraph II of this Scheme may be extended by the Minister beyond the last day of the period of six months commencing on the date of the confirmation of this Scheme, in the case of a recognised teacher who is not engaged in approved teaching service on such last day.

13. Where an existing member had service as a national school teacher which, by virtue of subparagraph (1) of paragraph 8 of the National School Teachers' Superannuation (Amendment) Scheme, 1942 ( S. R. & O. No. 400 of 1942 ), is pensionable service for the purposes of the National School Teachers' Superannuation Scheme, 1934 ( S. R. & O. No. 23 of 1934 ), such service shall be deemed to be contributing service for the purposes of the Principal Scheme and, if such member is a person to whom Part II of the Amending Scheme of 1951 applies, such service shall be deemed to be gratuity service for the purposes of the said Part II.

14. A person who gave approved teaching service between the 1st day of August, 1929, and the date of the confirmation of this Scheme which can not, by virtue of subparagraph (1) of paragraph 26 of the Principal Scheme, be reckoned as service for the purpose of the Principal Scheme unless the repayments mentioned in the said subparagraph (1) are made shall not be entitled to make any application or exercise any option referred to in paragraph 5, paragraph 6 or paragraph 11 of this Scheme unless he pays, or arranges to pay, such sum as he is required to pay in order to have such period of approved teaching service reckoned as service for the purpose of the Principal Scheme.

15.--(1) The Principal Scheme is hereby amended by the substitution for paragraph 9 of the following paragraph :

" 9.--(1) An ex-member shall, on application to the Minister, be entitled to be re-admitted to membership if the following conditions are complied with :

(a) he has actually re-entered on approved teaching service ; and

(b) (i) not more than ten years have elapsed between the date on which he became an ex-member and the date on which he re-entered approved teaching service, or

(ii) if more than ten years have elapsed between the dates mentioned in subclause (i) of this clause, he supplies proof of his health and physical fitness and submits to such medical examination at his own expense as the Minister may direct.

(2) Subject to subparagraph (3) of this paragraph and notwithstanding anything contained in this Scheme, an ex-member who is re-admitted to membership under subclause (ii) of clause (b) of subparagraph (1) of this paragraph shall not have approved teaching service given by him before such re-admission reckoned for the purposes of the payment of any pension or gratuity under this Scheme.

(3) Subparagraph (2) of this paragraph shall not apply to a person who gave approved teaching service before the confirmation of the Secondary Teachers' Superannuation (Amendment) Scheme, 1956, and, having been re-admitted to membership under subclause (ii) of clause (b) of subparagraph (1) of this paragraph--

(a) gives at least three years contributing service after such re-admission, or

(b) becomes eligible to receive a pension under subclause (ii) of clause (b) of subparagraph (1) of paragraph 18 of this Scheme, or to receive a disablement gratuity, or

(c) dies while an existing member.

(4) Where a person gave approved teaching service which is not, by virtue of subparagraph (2) of this paragraph, reckonable for the purposes of the payment of a pension or gratuity under this Scheme, such person may, on application, be paid a sum equal to the amount of the contributions paid by him in respect of such approved teaching service.

(5) An ex-member re-admitted to membership under subparagraph (1) of this paragraph shall be deemed to be an existing member from the date of his re-entry on approved teaching service."

(2) The reference in subparagraph (3) (inserted by paragraph 15 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1954 ( S.I. No. 234 of 1954 )) of paragraph 21 of the Amending Scheme of 1951 to clause (b) of subparagraph (1) of paragraph 9 of the Principal Scheme shall be deemed to be a reference to clause (b) of subparagraph (1) of paragraph 9 of the Principal Scheme as amended by subparagraph (1) of this paragraph.

16. Subparagraph (2) of paragraph 13 of the Principal Scheme and subparagraph (3) (inserted by paragraph 5 of, and the Schedule to, the Secondary Teachers' Superannuation (Amendment) Scheme, 1933 ( S. R. & O. No. 107 of 1933 )) of the said paragraph 13 shall, as respects approved teaching service given on or after the 1st day of August, 1954, have effect as if " five pounds per cent." were substituted therein for " two pounds and ten shillings per cent.".

17. The Principal Scheme shall, as respects approved teaching service given on or after the 1st day of August, 1954, have effect as if, for the definition of " basic salary " in Rule I of the Schedule thereto, there were substituted :

" ' basic salary ' means the sum of two hundred pounds,".

18. The provisions of paragraph 5 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1935 ( S. R. & O. No. 48 of 1935 ), shall not apply to pensionable service as a national school teacher which, under paragraph 7 of the National School Teachers' Superannuation (Amendment) Scheme, 1953 ( S.I. No. 255 of 1953 ), by reason of its being service preceding an interruption of service (followed by further service as a national teacher) for a continuous period of more than ten years, can not be counted for the purpose of an award under the National School Teachers' Superannuation Schemes, 1934 to 1953.

19. Paragraph 30 of the Amending Scheme of 1951 is hereby amended by the deletion in subparagraph (2) of " and amounts to not less than three years in all ".

GIVEN under my Official Seal, this 27th day of June, 1956.

RISTEÁRD UA MAOLCHATHA.

The Minister for Finance hereby consents to the foregoing scheme.

GIVEN under the Official Seal of the Minister for Finance, this 28th day of June, 1956.

GERARD SWEETMAN.

EXPLANATORY NOTE.

This Amending Scheme provides that those Secondary Teachers who are not members of the pension scheme or who are not participating in full in the scheme may now enter into full participation in the scheme.