23/04/1937:

SUPERANNUATION (RECKONING OF TEACHING SERVICE) REGULATIONS, 1937.

SUPERANNUATION (RECKONING OF TEACHING SERVICE) REGULATIONS, 1937.

WHEREAS it is enacted by subsection (1) of section 21 of the Superannuation Act, 1936 (No. 39 of 1936) that the Minister for Finance may make regulations prescribing the conditions under which persons for the time being in the civil service of Saorstát Éireann who have served (whether before or after or partly before and partly after the passing of that Act) in that civil service as inspector or as organiser in the Department of Education may be allowed to reckon teaching service performed before appointment as such inspector or organiser as established service for the purposes of the Superannuation Acts, 1834 to 1936, in the said civil service, and also prescribing the nature of the teaching service and the amount thereof which may be so reckoned and the extent to which and the manner in which such teaching service may be so reckoned.

AND WHEREAS it is enacted by subsection (3) of the said section 21 that the conditions prescribed by regulations made under that section shall include a condition that, in the case of persons who are transferred officers within the meaning of the Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929), no benefit accruing under or by virtue of the said section 21 shall be taken into account in determining any question of compensation under that Act.

NOW the Minister for Finance, in exercise of the power conferred on him by section 21 of the Superannuation Act, 1936 (No. 39 of 1936), and of every and any other power him in this behalf enabling, makes by this Order the following Regulations :—

1. This Order may be cited as the Superannuation (Reckoning of Teaching Service) Regulations, 1937.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3.—(1) In these Regulations

the expression " the Act " means the Superannuation Act, 1936 (No. 39 of 1936),

the expression " teaching service " means service as a National School Teacher.

(2) Every expression and every word used in these Regulations to which a particular meaning is given by section 1 of the act for the purposes of the Act has in these Regulations the meaning so given to it.

4.—(1) No person shall be allowed under section 21 of the act to reckon as established service in the civil service of Saorstát Éireann any teaching service which does not comply with all of the following conditions, that is to say :—

(a) such teaching service must have been rendered in a pensionable capacity, and

(b) if and in so far as such teaching service was rendered before the 1st day of April, 1934, pension contributions must have been paid in respect of it, and

(c) such teaching service must either have been continuous service or be allowed under the subsequent provisions of this Regulation to be treated as continuous service, and

(d) the ast date on which such teaching service was rendered must not be more than three months (or such greater period as shall in any particular case be substituted therefor under the subsequent provisions of this Regulation) before the date on which service as an inspector or organiser, as the case may be, began, and

(e) the duration of such teaching service must not be less than three years, and

(f) if either such person was appointed as inspector or organiser prior to the 1st day of April, 1934, or such teaching service was, at the date of the appointment of such person as inspector or organiser, pensionable under the National School Teachers' Superannuation Scheme, 1934, such teaching service must have been rendered in Ireland, and in every other case such teaching service must have been rendered in Saorstát Éireann.

(2) Where part only of the teaching service of a person complies with all the conditions set forth in the foregoing paragraph of this Regulation, these Regulations shall apply to such person as if the said part of his teaching service were the whole of his teaching service, and, for the purpose of such application, the expression " teaching service " shall, in relation to such person, be construed as meaning that part only of his teaching service which complies with all the said conditions.

(3) The Minister may, in any particular case in which he considers it proper so to do having regard to all the circumstances of the case, allow specified teaching service which is not continuous to be treated as continuous service for the purposes of these Regulations.

(4) The Minister may, in any particular case in which he thinks proper so to do because of special or exceptional circumstances, substitute a specified period exceeding three months for the period of three months mentioned in sub-paragraph (d) of paragraph (1) of this Regulation.

(5) Where pension contributions have been paid in respect of the whole or part of a person's teaching service, such person shall not be allowed under section 21 of the act to reckon his teaching service or any part thereof as established service??? in the civils ervice of Saorstát Éireann unless :—

(a) If such pension contributions have been repaid to such person, he refunds to the Minister such pension contributions with compound interest thereon at the rate of two and one-half per cent, per annum from the date on which such pension contributions were repaid to such person, or

(b) in any other case, such person transfers to the Minister the full amount of such pension contributions.

6. Teaching service which a person is allowed under section 21 of the act to reckon as established service in the civil service of Saorstát Éireann—

(a) shall be reckoned in full for annual allowance under the Superannuation Acts and for gratuity under section 6 of the Superannuation Act, 1859, and for the purpose of attaining the minimum of five years' service required for the grant of a death gratuity under sub-section (1) of section 2 of the Superannuation Act, 1909, and

(b) shall, when reckoned for such annual allowance, be added to and reckoned with the other service of such person which is reckonable for such annual allowance, save that any part of such annual allowance which is attributable to a year consisting wholly or partly of teaching service shall not be calculated at a rate exceeding one-eightieth of the annual salary and emoluments by reference to which such annual allowance is calculated, and

(c) shall not be reckoned for the purpose of an additional allowance under subsection (2) of section 1 or section 3 of the Superannuation Act, 1909.

7. In the case of a person who is a transferred officer within the meaning of the Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929), no benefit accruing to him under section 21 of the act or these Regulations shall be taken into account in determining any question of compensation under the said Civil Service (Transferred Officers) Compensation Act, 1929 .

Sealed with the official seal of the Minister for Finance, this 23rd day of April, 1937.

(Signed) J. J. McELLIGOTT.