S.I. No. 173/1972:

NATIONAL SCHOOL TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1972.

NATIONAL SCHOOL TEACHERS' SUPERANNUATION (AMENDMENT) SCHEME, 1972.

I, PÁDRAIG Ó FACHTNA, Minister for Education, in exercise of the powers conferred on me by section 6 of the Teachers' Superannuation Act, 1928 (No. 32 of 1928), hereby, with the consent of the Minister for Finance, make the following Scheme :

1. This Scheme may be cited as the National School Teachers' Superannuation (Amendment) Scheme, 1972.

2. This Scheme and the National School Teachers' Superannuation Schemes, 1934 to 1967, may be cited together as the National School Teachers' Superannuation Schemes, 1934 to 1972.

3. The National School Teachers' Superannuation Schemes, 1934 to 1972, shall be construed as one.

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

5. This Scheme shall come into force immediately upon its confirmation by resolution of each House of the Oireachtas.

6. (1) In this Scheme--

" the Principal Scheme " means the National School Teachers' Superannuation Scheme, 1934 ( S. R. & O. No. 23 of 1934 ) ;

" the operative date " means the 1st day of July, 1968 ;

" the Secondary Teachers' Superannuation Schemes " means the Secondary Teachers' Superannuation Schemes, 1929 to 1972 ;

" the Minister " means the Minister for Education ;

" These schemes " means the National School Teachers' Superannuation Schemes, 1934 to 1972;

" the 1953 Scheme " means the National School Teachers' Superannuation (Amendment) Scheme, 1953 ( S.I. No. 255 of 1953 ) ;

" the strike " means the withdrawal of services by certain national school teachers on various days in the period which commenced on the 28th day of May, 1969, and ended on the 8th day of June, 1969.

(2) Every word and expression to which a particular meaning is assigned by the Principal Scheme for the purposes of that Scheme has in this Scheme the meaning so assigned to it.

7. There shall be paid to the Minister by every teacher who is in pensionable service on or after the operative date a contribution in respect of such service given on or after that date at the rate of five per cent. per annum of his scale salary and other emoluments, exclusive of any amounts declared by the Minister to be non-pensionable.

8. (1) In the case of a teacher whose pensionable service ended on the 30th day of June, 1968, and who--

(a) reached the age of sixty-five years during the year ended on the 30th day of June, 1968, or

(b) was qualified to receive a pension under paragraph 11 (b) (ii) of the Principal Scheme,

the retiring salary shall, for the purposes of an award under these schemes, be calculated as if, the salary scales and allowances introduced on the operative date had been in operation on the 30th day of June, 1968.

(2) Where an award has been made to or in respect of a teacher referred to in subparagraph (1) of this paragraph, it shall be revised and shall be calculated and payable as if this paragraph had been in force on the 30th day of June, 1968.

9. (1) In the case of a teacher whose last day of pensionable service under these schemes is the 1st day of October, 1956, or later, each of the following periods may, subject to the provisions of this scheme, be, in addition to any service reckonable under paragraph 7 of the Principal Scheme, pensionable service for the purposes of these schemes--

(a) any period of service which is contributing or noncontributing service for the purposes of the Secondary Teachers' Superannuation Schemes;

(b) any period of service which is approved teaching service for the purposes of the Secondary Teachers' Superannuation Schemes, which ceased before the 5th day of January, 1957, and which is certified by the Minister as service which could have reckoned for pension and gratuity purposes under those Schemes if the Secondary Teachers' Superannuation (Amendment) Scheme, 1956 ( S.I. No. 153 of 1956 ), were applicable to such teacher ;

provided that :--

(i) not more than ten years have elapsed between the date on which approved teaching service terminated and the date on which pensionable service under these schemes commenced or re-commenced ;

(ii) the extent to which such teaching service is reckoned under these schemes does not exceed the extent to which it would have reckoned under the Secondary Teachers' Superannuation Schemes ;

(iii) in the case of service specified in clause ( a) of this paragraph, an appropriate contribution is paid to the Minister out of the Secondary Teachers' Pension Fund in accordance with paragraph 30 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1951 ( S.I. No. 48 of 1951 ) ;

(iv) in the case of service specified in clause (b) of this paragraph, the teacher pays to the Minister within such time as the Minister may prescribe any contribution together with compound interest thereon which such person would have paid or could have opted to pay under the Secondary Teachers' Superannuation (Amendment) Scheme, 1956 ( S.I. No. 153 of 1956 ), had the terms of that Scheme applied to such teacher.

(2) Where an award has been made to or in respect of a teacher referred to in subparagraph (1) of this paragraph, it shall be revised and shall be calculated and payable as if this paragraph had been in force on the date of the event by reason of which the award was made.

(3) Subparagraph (1) (i) of this paragraph shall not apply to any of the following persons:--

(a) a person who retired with a pension under paragraph 18 (1) (b) (ii) of the Secondary Teachers' Superannuation Scheme, 1929 ( S. R. & O. No. 19 of 1929 ),

(b) a person who was awarded a marriage gratuity under the Secondary Teachers' Superannuation Schemes and who, subsequently becoming a widow, becomes a person to whom these Schemes apply

(c) a person who--(i) was but is no longer a member of the Secondary Teachers' Superannuation Schemes, (ii) first gave approved teaching service before the 5th day of July, 1956, (iii) being a person to whom these schemes apply, supplies proof of his health and physical fitness and submits to such medical examination at his own expense as the Minister may direct, and (iv) subsequently--

(I) gives at least three years' pensionable service,

(II) becomes eligible for the award of a pension under paragraph 11 (b) (ii) of the Principle Scheme or,

(III) dies while in the service.

10. The National School Teachers' Superannuation (Amendment) (No. 2) Scheme, 1940 ( S. R. & O. No. 272 of 1940 ), is hereby amended by the deletion of paragraph 12.

11. The following is hereby substituted for paragraph 6 (2) of the National School Teachers' Superannuation Scheme, 1950 ( S.I. No. 180 of 1950 ) :

"(2) (a) Where a person to whom a lumpsum has been paid on retirement under these schemes, or to whom a retirement gratuity has been paid on retirement with a pension under paragraph 18 (1) (b) (ii) of the Secondary Teachers' Superannuation Scheme 1929 ( S. R. & O. No. 19 of 1929 ), and whose approved teaching service for the purposes of the Secondary Teachers' Superannuation Schemes 1929 to 1972 is reckoned under paragraph 9 of this scheme, enters or re-enters the service, his pensionable service or his approved teaching service prior to such retirement shall be reckoned as part of his pensionable service for the purposes of the payment of a lumpsum on subsequent retirement under these schemes, but the amount of the last-mentioned lumpsum shall be reduced by the amount of the first-mentioned lumpsum or the retirement gratuity paid to him on previous retirement.

(b) References to lumpsum or gratuity in this subparagraph shall include ex-gratia grants.".

12. Paragraph 15 of the Principal Scheme is hereby amended by the addition of the following subparagraph :

"(2) Where a person having retired with a pension under paragraph 11 (b) (ii) of this Scheme is admitted or re-admitted to membership of the Secondary Teachers' Superannuation Schemes, 1929 to 1972, no contribution may be paid under sub-paragraph (i) of paragraph 9 of the National School Teachers' Superannuation (Amendment) Scheme, 1953 ( S.I. No. 255 of 1953 ), in respect of the service of such person under the National School Teachers' Superannuation Schemes, 1934 to 1972, unless such pension ceases with effect from the date on which such person's contributing service for the purposes of the said Secondary Teachers' Superannuation Schemes commences or recommences.".

13. Subparagraphs (1) and (2) (a) of paragraph 19 of the Principal Scheme are hereby amended by the insertion of the following after " pension ":

" under the National School Teachers' Superannuation Schemes, 1934 to 1972, or under paragraph 18 (1) (b) (ii) of the Secondary Teachers' Superannuation Scheme, 1929 ( S. R. & O. No. 19 of 1929 ), enters or"

14. The following is hereby substituted for paragraph 8 (2) of the National School Teachers' Superannuation (Amendment) Scheme, 1950 ( S.I. No. 180 of 1950 ) :

"(2) (a) Where a teacher to whom a lumpsum has been paid on retirement under the National School Teachers' Superannuation Schemes, 1934 to 1972, or to whom a retirement gratuity has been paid on retirement with a pension under paragraph 18 (1) (b) (ii) of the Secondary Teachers' Superannuation Scheme, 1929 ( S. R. & O. No. 19 of 1929 ), and whose approved teaching service for the purposes of the Secondary Teachers' Superannuation Schemes, 1929 to 1972, is reckoned under paragraph 9 of this scheme, enters or re-enters the service, and dies while in the service, the payment on death shall be reduced by the amount of such lumpsum or retirement gratuity.

(b) References to lumpsum or gratuity in this subparagraph shall include ex-gratia grants.".

15. Where a person referred to in paragraph 9 (1) of this Scheme who has received a short service gratuity, a marriage gratuity, or a disablement gratuity with or without a retirement gratuity under the Secondary Teachers' Superannuation Schemes dies without having refunded or made arrangements to refund such gratuity, any payment on death that may become payable under these Schemes in respect of such person shall not exceed whichever of the following amounts is the greater :

(a) the amount which, when added to the amount of the appropriate gratuity or gratuities, would equal the payment on death which could have been awarded to such person if his approved teaching service for the purposes of the Secondary Teachers' Superannuation Schemes had been reckonable under paragraph 9 of this Scheme, or

(b) the amount of the lumpsum which could have been awarded to such person had he retired with a pension or a disablement gratuity under these Schemes on the date of his death.

16. The Principal Scheme is hereby amended by the substitution of the following paragraph for paragraph 16 :

" 16. Where a person retires or dies and the circumstances are such that a pension, a disablement gratuity, a marriage gratuity or payment on death under the National School Teachers' Superannuation Schemes, 1934 to 1972, or a pension, disablement gratuity, marriage gratuity or death gratuity under the Secondary Teachers' Superannuation Schemes, 1929 to 1972, cannot be awarded to or in respect of such person, a gratuity (which shall be known and is referred to in this Scheme as a short-service gratuity) equal to the amount of any premiums paid by such person under the Act of 1879 and not previously repaid to him and any monies or contributions paid by such person to the Minister under the National School Teachers' Superannuation Schemes, 1934 to 1972, may be paid to him or to his legal personal representative.".

17. Paragraph 7 of the Principal Scheme is hereby amended by the substitution of the following for subparagraphs (4) and (5) :

"(4) Where a short-service gratuity is paid to a person and such person subsequently re-enters the service or is admitted or re-admitted to membership of the Secondary Teachers' Superannuation Schemes, 1929 to 1972, no period in respect of which the short-service gratuity was granted may be reckoned as part of the pensionable service of such person for the purposes of the National School Teachers' Superannuation Schemes, 1934 to 1972, or the said Secondary Teachers' Superannuation Schemes 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--

(a) that portion of the gratuity granted in respect of service rendered prior to the 1st day of April, 1934, with compound interest thereon at the rate of two and a half per cent. per annum, and

(b) that portion of the gratuity granted in respect of service rendered subsequent to the 30th day of June, 1968, with compound interest thereon at the rate of 3 per cent, per annum.

(5) Where a disablement gratuity has been paid to a person under the said National School Teachers' Superannuation Schemes and such person subsequently re-enters the service or is admitted or re-admitted to membership of the said Secondary Teachers' Superannuation Schemes, none of the previous pensionable service of such person shall be reckoned for the purpose of the said National School Teachers' Superannuation Schemes or the said Secondary Teachers' Superannuation Schemes unless such person pays to the Minister, a sum equal to such gratuity within such time, in such manner, and with such additions (if any) on account of interest, as the Minister may direct.".

18. Paragraph 8 of the 1953 Scheme is hereby amended--

(a) by the insertion after " gratuity " of the following :

" under the National School Teachers' Superannuation Schemes, 1934 to 1972, or with a pension under paragraph 18 (1) (b) (ii) of the Secondary Teachers' Superannuation Scheme 1929 ( S. R. & O. No. 19 of 1929 ), or with a gratuity under the Secondary Teachers' Superannuation Schemes, 1929 to 1972, enters ", and

(b) by the substitution of " or re-enters " for " and re-enters ".

19. Paragraph 5 of the 1953 Scheme is hereby amended by the substitution of the following for subparagraph (3) (c) :

"(c) a person whose pensionable service is less than three years, or who having been awarded a pension or gratuity (in respect of service which ended before the 31st day of December, 1951) under the National School Teachers' Superannuation Schemes, 1934 to 1972, or with a pension under paragraph 18 (1) (b) (ii) of the Secondary Teachers' Superannuation Scheme, 1929 ( S. R. & O. No. 19 of 1929 ), or with a gratuity under the Secondary Teachers' Superannuation Schemes, 1929 to 1972, enters or re-enters the service after that date but does not complete a further three years' pensionable service and is under the age of sixty-five when he again retires.".

20. Paragraph 5 (6) of the National School Teachers' Superannuation (Amendment) Scheme, 1958 ( S.I. No. 247 of 1958 ), is hereby amended--

(a) by the insertion after " the payment of the gratuity " (inserted by the National School Teachers' Superannuation (Amendment) Scheme, 1964 ( S.I. No. 156 of 1964 )) of " or is admitted or re-admitted to membership of the Secondary Teachers' Superannuation Schemes, 1929 to 1972", and

(b) by the substitution for " at re-entry " of " at such re-entry, admission or re-admission ".

21. The provisions of paragraph 6 of the National School Teachers' Superannuation (Amendment) (No. 2) Scheme, 1940 ( S.I. No. 272 of 1940 ), shall apply in the case of a person whose service includes service reckonable under paragraph 9 of this scheme.

22. In determining the amount of the contribution payable under paragraph 9 (2) of the 1953 Scheme in respect of pensionable service under these schemes, the Minister for Finance shall have regard to any lumpsum or ex-gratia grant that may have been awarded under these schemes to a person in respect of that service and to any payments in respect of that service that may be appropriate under any Act relating to superannuation or any scheme relating to superannuation.

23. Paragraph 10 of the National School Teachers' Superannuation (Amendment) Scheme, 1967 ( S.I. No. 45 of 1967 ), is hereby amended by the deletion, in subparagraph (1) of that paragraph, of the words " One-half of".

24. (1) Subject to the payment of the appropriate contributions under this Scheme, a teacher to whom this paragraph applies may, for the purposes of this Scheme, reckon the day or days of the strike as pensionable service.

(2) Where an award under the National School Teachers' Superannuation Schemes, 1934 to 1967, has been made before the confirmation of this Scheme to or in respect of a person to whom this paragraph applies, the award shall be revised and shall be calculated and payable as if this paragraph had been in force on the date of the event by reason of which the award was made.

(3) This paragraph applies to every teacher who--

(a) was in the service on the 27th day of May, 1969,

(b) participated in the strike at any time, and

(c) either resumed in the service on or before the 9th day of June, 1969, or, by reason of death or retirement, did not so resume in the service.

25. (1) Notwithstanding any provision of these schemes entitling a person to reckon as pensionable service any period, none of the following periods may be reckonable for the purposes of an award under these schemes--

(a) any period in respect of which a person has received a gratuity under these schemes or under the Secondary Teachers' Superannuation Schemes, and being entitled to repay such gratuity, he has not so repaid it :

(b) (i) any period during which a pension is payable to such person under the Secondary Teachers' Superannuation Schemes ;

(ii) any period which consists wholly of approved teaching service for the purposes of the Secondary Teachers' Superannuation Schemes, or partly of approved teaching service for the purposes of those schemes and partly of pensionable service under these schemes and in respect of which a pension has been granted under the Secondary Teachers' Superannuation Schemes ;

(c) any period of approved teaching service for the purposes of the Secondary Teachers' Superannuation Schemes which the person would have been unable to reckon for a corresponding award under those Schemes.

(2) Subparagraph (1) (b) (ii) of this paragraph shall not apply to a person to whom a pension (whether with or without a retirement gratuity) is granted under paragraph 18 (1) (b) (ii) of the Secondary Teachers' Superannuation Scheme, 1929 ( S. R. & O. No. 19 of 1929 ), being a pension which ceases with effect from that person's entry or re-entry to the service.

GIVEN under my Official Seal, this 14th day of July, 1972.

PADRAIG O FACHTNA.

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 14th day of July, 1972.

SEOIRSE O COLLA.

EXPLANATORY NOTE.

This Scheme provides

(a) for a contributory pension scheme for national school teachers ;

(b) for a revision of pensions and lumpsums awarded to national teachers who retired on 30th June, 1968, on grounds of age or disablement ;

(c) for the reckoning of certain service as secondary or Preparatory College teacher ;

(d) for the reckoning in full of certain service in the Irish Folklore Commission ;

(e) for the reckoning of the period of the national school teachers' strike in 1969.