Number 24 of 1963.
SUPERANNUATION AND PENSIONS ACT, 1963.
ARRANGEMENT OF SECTIONS
Acts Referred to | |
Superannuation Act, 1887 | 1887, c. 67 |
Superannuation Act, 1914 | 1914, c. 86 |
1955, No. 17 | |
1957, Uimh. 29 | |
1950, No. 12 | |
1952, No. 15 | |
Superannuation Act, 1859 | 1859, sess. 1, c. 26 |
Superannuation Act, 1909 | 1909, c. 10 |
1954, No. 14 | |
1956, No. 10 | |
1926, No. 39 | |
1956, No. 46 | |
Superannuation Act, 1834 | 1834, c. 24 |
1930, No. 10 | |
1935, No. 24 | |
University Education (Agriculture and Dairy Science) Act, 1926 | 1926, No. 32 |
1931, No. 8 | |
1951, No. 8 | |
1936, No. 39 | |
1926, No. 27 | |
1925, No. 5 | |
1936, No. 46 | |
1933, No. 5 | |
Superannuation (Reckoning of Teaching Service) Regulations, 1951 | 1951, S.I. No. 327 |
1956, No. 38 | |
1923, No. 1 | |
1960, No. 45 | |
Acquisition of Land (Assessment of Compensation) Act, 1919) | 1919, c. 57 |
1950, No. 29 | |
1938, No. 34 | |
1960, No. 12 | |
Health (Age Limit for Office of District Medical Officer) Declaration, 1960 | S.I. No. 141 of 1960 |
1961, No. 39 | |
Córas Iompair Éireann (Members) Superannuation Scheme, 1960 | S.I. No. 139 of 1960 |
1959, No. 31 | |
Number 24 of 1963.
SUPERANNUATION AND PENSIONS ACT, 1963.
Interpretation.
1.—In this Act, save where the context otherwise requires—
“established civil servant” means a civil servant whose service is in a capacity in respect of which a superannuation allowance may be granted;
“established position” means a position in which established service is rendered;
“established service” means service in a capacity in respect of which a superannuation allowance may be granted;
“local authority” means a body which is—
(a) a local authority for the purposes of the Local Government Acts, 1925 to 1960,
(b) a vocational education committee,
(c) a committee of agriculture, or
(d) a school attendance committee;
“the Minister” means the Minister for Finance;
“public moneys” means moneys provided by or out of one or more of the following:
(a) the Oireachtas,
(b) the Central Fund,
(c) a local authority,
(d) a body receiving moneys from the Hospitals Trust Fund,
(e) a board or body established by or under an Act of the Oireachtas or an Act of the Oireachtas of Saorstát Éireann,
(f) a company incorporated under the Companies Acts, 1908 to 1924, in which the majority of the ordinary shares are held by or on behalf of a Minister of State;
“superannuation allowance” means an annual allowance under the Superannuation Acts, 1834 to 1963, or any of those Acts;
“unestablished position” means a position in which unestablished service is rendered;
“unestablished service” means service in the Civil Service in a capacity in which whole-time service is required but in respect of which a superannuation allowance cannot be granted.
Compassionate gratuities generally.
2.—(1) Paragraph (c) of section 4 of the Superannuation Act, 1887, is hereby amended by the deletion of “for not less than fifteen years”.
(2) Where—
(a) an established civil servant dies without completing five years' service reckonable in computing a superannuation allowance,
(b) the civil servant served prior to becoming an established civil servant in an unestablished position, and
(c) the total of the civil servant's established service and unestablished service is seven years or longer,
the Minister may, if he thinks fit, grant to the civil servant's dependants such compassionate gratuity as might have been granted to them under section 3 of the Superannuation Act, 1914, if the civil servant's established service had been unestablished service.
(3) Subsection (1) of this section, as well as applying in relation to retirements and removals from employment occurring after the passing of this Act, also applies in relation to retirements and removals from employment which occurred on or after the 5th day of May, 1960, and before such passing.
(4) Subsection (2) of this section, as well as applying to deaths occurring after the passing of this Act, also applies in relation to deaths which occurred on or after the 5th day of May, 1960, and before such passing.
(5) Section 4 of the Superannuation Act, 1887, is hereby amended by the insertion at the end of the section of “not exceeding fifteen years and, in case he has served in the employment for more than fifteen years, a further compassionate gratuity not exceeding two weeks' pay for each year of his service in his employment in excess of fifteen years ”.
Compassionate gratuities in certain cases.
3.—(1) (a) This subsection applies to the service of an employee of one or more contractors engaged on the continuing maintenance contracts of the Commissioners of Public Works in Ireland, that is to say, contracts with respect to building work, electrical work, plumbing and gas-fitting work and painting work (excluding painting work on a measurement basis), being whole-time service required by virtue of such contracts and being service under the supervision of officers of those Commissioners.
(b) Service to which this subsection applies shall, if the Minister thinks fit, be deemed, for the purposes of section 4 of the Superannuation Act, 1887, as amended by this Act, to be service which was in a public department and was remunerated entirely out of moneys provided by the Oireachtas.
(2) (a) This subsection applies to the service of an employee of the Irish Land Commission whose remuneration is not paid entirely out of moneys provided by the Oireachtas but out of moneys at the disposal of the Irish Land Commission.
(b) Service to which this subsection applies shall, if the Minister thinks fit, be deemed, for the purposes of section 4 of the Superannuation Act, 1887, as amended by this Act, to be service which was remunerated entirely out of moneys provided by the Oireachtas.
Transfer of pensionable service.
4.—(1) (a) The Minister may by regulations designate organisations as approved organisations for the purposes of this section.
(b) Any reference in the subsequent subsections of this section to an approved organisation shall be construed as a reference to an organisation designated by regulations under this subsection.
(2) Where—
(a) a person employed in a pensionable capacity in an approved organisation is, without break of service, transferred or appointed to an established position, and
(b) the Minister and the authority controlling the approved organisation agree, at the time of the transfer or appointment, that this subsection is to apply in relation to the person,
the following provisions shall have effect:
(i) service of the person which is reckonable, at the time of the transfer or appointment, as pensionable service for the purposes of the superannuation provisions applying to persons employed in a pensionable capacity in the approved organisation shall, if the Minister so thinks fit and to such extent as he determines and provided that a return of contributions is not made in respect thereof, be reckoned as service in an established position,
(ii) where, any such service having been so reckoned, an award of an allowance or gratuity is made to or in respect of the person under the Superannuation Acts, 1834 to 1963, or an award of a marriage gratuity is made to the person, the appropriate authority shall make such contribution as may be agreed upon, at the time of the transfer or appointment, between it and the Minister towards the allowance or gratuity.
(3) Where—
(a) a person who is an established civil servant is, without break of service, transferred or appointed to employment in a pensionable capacity in an approved organisation, and
(b) the Minister and the authority controlling the approved organisation agree, at the time of the transfer or appointment, that this subsection is to apply in relation to the person,
the following provisions shall have effect:
(i) if the superannuation provisions applying to persons employed in a pensionable capacity in the approved organisation do not include provisions for the reckoning as pensionable service for the purposes of those superannuation provisions of the service of the person reckonable, at the time of the transfer or appointment, in computing a superannuation allowance, that service shall, if the appropriate authority so thinks fit and to such extent as it determines, be so reckoned,
(ii) where, any such service having been so reckoned by virtue of the foregoing paragraph or otherwise, an award of a lump sum, pension or gratuity is made to or in respect of the person under those superannuation provisions, the Minister shall make such contribution as may be agreed upon, at the time of the transfer or appointment, between him and the appropriate authority towards the lump sum, pension or gratuity.
(4) In paragraph (ii) of subsection (2) and paragraphs (i) and (ii) of subsection (3) of this section “the appropriate authority” means—
(a) in case an authority other than the authority controlling the approved organisation administers the superannuation provisions applying to persons employed in a pensionable capacity in the approved organisation—the authority administering those provisions, and
(b) in any other case—the authority controlling the approved organisation.
(5) Where—
(a) a person employed in a pensionable capacity in an approved organisation is, without break of service, transferred or appointed to employment in a pensionable capacity in another approved organisation, and
(b) the authorities controlling the approved organisations agree, at the time of the transfer or appointment, that this subsection is to apply in relation to the person,
the following provisions shall have effect:
(i) if the superannuation provisions applying to persons employed in a pensionable capacity in the other organisation do not include provisions for the reckoning as pensionable service for the purposes of those superannuation provisions of the service of the person reckonable, at the time of the transfer or appointment, for the purposes of the superannuation provisions applying to persons employed in a pensionable capacity in the first-mentioned organisation, that service shall, if the appropriate authority in relation to the other organisation so thinks fit and to such extent as it determines and provided that a return of contributions is not made in respect thereof, be so reckoned,
(ii) where, any such service having been so reckoned by virtue of the foregoing paragraph or otherwise, an award of lump sum, pension or gratuity is made to or in respect of the person under the first-mentioned superannuation provisions, the appropriate authority in relation to the first-mentioned organisation shall make such contribution as may be agreed upon, at the time of the transfer or appointment, between it and the appropriate authority in relation to the other organisation towards the lump sum, pension or gratuity.
(6) In paragraphs (i) and (ii) of subsection (5) of this section “appropriate authority” means, in relation to an organisation,—
(a) in case an authority other than the authority controlling the organisation administers the superannuation provisions applying to persons employed in a pensionable capacity in the organisation—the authority administering those provisions, and
(b) in any other case—the authority controlling the organisation.
(7) (a) Where—
(i) the superannuation provisions of an organisation to which this subsection applies do not include provisions such as are referred to in paragraph (i) of subsection (3) or paragraph (i) of subsection (5) of this section and it is desired that they should include those provisions,
(ii) apart from this subsection, there is no power to make the appropriate amendments,
power to make those amendments is hereby conferred on the authority controlling the organisation, but, where that authority has power to make other amendments of the superannuation provisions and that power cannot be exercised save with the agreement of any particular person, the power conferred by this subsection shall not be exercised save with the agreement of that person.
(b) This subsection applies to any organisation which is—
(i) an approved organisation, or
(ii) an organisation in respect of which the Minister has undertaken to designate it under subsection (1) of this section when it has amended under this subsection its superannuation provisions.
(8) (a) Whenever, a superannuation allowance or pension to which a contribution is made under subsection (2), (3) or (5) of this section having become payable, the pensioner receives any payments by way of remuneration out of public moneys, the superannuation allowance or pension shall be limited to such amount (if any) as, when added to the payments received by way of remuneration, does not exceed, in any period of twelve months, the annual remuneration which he received immediately before the superannuation allowance or pension commenced (or would have commenced but for not being in course of payment).
(b) The superannuation benefits (whether by way of allowance, pension, lump sum or gratuity) payable to or in respect of a person in a case in which a contribution is made under subsection (2), (3) or (5) of this section shall be limited to the amount (if any) by which any other superannuation benefit, provided by means of a charge on public moneys and payable to or in respect of the person, falls short of the amount payable under the Superannuation Acts, 1834 to 1963, on the retirement or death (as may be appropriate) of a civil servant with forty-five years' established service and a salary equal to either the salary by reference to which the said superannuation benefits were computed or the salary by reference to which the other superannuation benefit was computed, whichever is the greater.
(c) For the purposes of the foregoing paragraph the Minister shall determine—
(i) the annual value of any allowance or lump sum, or
(ii) the lump sum equivalent to any superannuation allowance or pension,
payable from public moneys to the person concerned.
(9) (a) The Minister may by regulations make provisions analogous to any of the provisions of subsections (2) to (8) of this section for any case to which this subsection applies, and any provisions so made shall have effect as if enacted in this section.
(b) This subsection applies to any case in which a person has service consisting of three or more sub-periods succeeding one after another without interruption.
(c) Each of the following periods shall be a sub-period for the purposes of this subsection:
(i) a period of service in the Civil Service,
(ii) a period of service in an approved organisation,
(iii) a period of service under a local authority.
Payment of contribution in certain cases.
5.—(1) Where established service is, under a superannuation scheme approved of by the Minister for the staff of a training college for teachers, reckoned in the computation of any pension, lump sum or gratuity awarded, whether before or after the passing of this Act, under that scheme, the Minister may pay to the authority having control of the training college a contribution towards the pension, lump sum or gratuity.
(2) The making of a payment under the foregoing subsection shall be at the discretion of the Minister and, where he makes any such payment, its amount shall also be at his discretion.
(3) Where—
(a) a person was, before the passing of this Act and then being an established civil servant, transferred, with the consent of the head officer of his department, to employment which was approved employment within the meaning of the Superannuation Act, 1914,
(b) the person remained in the employment on the 30th day of April, 1963,
(c) on his ceasing to hold the employment or any other employment approved of by the Minister, for the purposes of this subsection, his service as from the date of the transfer is pensionable under superannuation provisions applying to him, or in case the person transferred from Córas Tráchtála to An Bord Iascaigh Mhara on the 1st day of May, 1963, with the consent of both organisations, on his ceasing to hold employment in An Bord Iascaigh Mhara or any other employment approved of by the Minister for the purposes of this subsection, his service as from the 1st day of May, 1963, is pensionable under superannuation provisions applying to him, and
(d) the Minister and the employer agree that this subsection is to apply in relation to the person,
the following provisions shall have effect :
(i) if those superannuation provisions do not include provisions for the reckoning as pensionable service for the purposes of those superannuation provisions of the service of the person reckonable, at the time of the transfer referred to in paragraph (a) of this subsection, in computing a superannuation allowance, that service shall, if the appropriate authority so thinks fit and to such extent as it determines, be so reckoned,
(ii) where, any such service having been so reckoned by virtue of the foregoing paragraph or otherwise, an award of a lump sum, pension or gratuity is made to or in respect of the person under those superannuation provisions—
(I) the Minister shall make such contribution as may be agreed upon between him and the appropriate authority towards the lump sum, pension or gratuity, and
(II) an award shall not be made to the person under section 4 of the Superannuation Act, 1914.
(4) In subsection (3) of this section “the appropriate authority” means—
(a) in case an authority other than the employer administers the superannuation provisions applying to persons employed in a pensionable capacity by the employer—the authority administering those provisions, and
(b) in any other case—the employer.
(5) Where, on the 1st day of March, 1960, a person serving in a position pensionable under a scheme made pursuant to section 2 of the Sea Fisheries (Amendment) Act, 1955, was transferred to a position pensionable under a scheme made pursuant to section 18 of an tAcht um Thionscail na Gaeltachta, 1957,—
(a) service of the person reckonable as pensionable service for the purposes of the former scheme shall, provided he does not get a return of contributions under that scheme, be reckoned as pensionable service for the purposes of the latter scheme,
(b) if, any such service having been so reckoned, an award of a lump sum, pension or gratuity is made to or in respect of the person under the latter scheme, An Bord Iascaigh Mhara shall make such contribution as may be agreed upon between it and Gaeltarra Éireann towards the lump sum, pension or gratuity.
(6) Where, on the 1st day of June, 1963, a person serving in a position pensionable under a scheme confirmed under section 44 of the Transport Act, 1950, transferred to a position pensionable under a scheme made pursuant to section 15 of the Tourist Traffic Act, 1952,—
(a) service of the person reckonable as pensionable service for the purposes of the former scheme shall, provided he does not get a return of contributions under that scheme, be reckoned as pensionable service for the purposes of the latter scheme,
(b) if, any such service having been so reckoned, an award of a lump sum, pension or gratuity is made to or in respect of the person under the latter scheme, the authority administering the former scheme shall make such contribution as may be agreed upon between it and Bórd Fáilte Éireann towards the lump sum, pension or gratuity.
(7) (a) Whenever, a pension to which a contribution is made under subsection (1), (3) or (5) of this section having become payable, the pensioner receives any payments by way of remuneration out of public moneys, the pension shall be limited to such amount (if any) as, when added to the payments received by way of remuneration, does not exceed, in any period of twelve months, the annual remuneration which he received immediately before the pension commenced (or would have commenced but for not being in course of payment).
(b) The superannuation benefits (whether by way of pension, lump sum or gratuity) payable to or in respect of a person in a case in which a contribution is made under subsection (1), (3) or (5) of this section, shall be limited to the amount (if any) by which any other superannuation benefit, provided by means of a charge on public moneys and payable to or in respect of the person, falls short of the amount payable under the Superannuation Acts, 1834 to 1963, on the retirement or death (as may be appropriate) of a civil servant with forty-five years' established service and a salary equal to either the salary by reference to which the said superannuation benefits were computed or the salary by reference to which the other superannuation benefit was computed, whichever is the greater.
(c) For the purposes of the foregoing paragraph the Minister shall determine—
(i) the annual value of any allowance or lump sum, or
(ii) the lump sum equivalent to any superannuation allowance or pension,
payable from public moneys to the person concerned.
Grant of notional years of established service.
6.—(1) Where an established civil servant retires or is removed from the Civil Service—
(a) in consequence of the abolition of his office, or
(b) for the purpose of facilitating improvements in the organisation of the department to which he belongs by which greater efficiency or economy can be effected,
then, subject to the provisions of this section, there shall be added, if the Minister in his discretion so directs, to such established service of the civil servant as, apart from this section, would have been reckoned, such notional period as the Minister determines, not exceeding—
(i) if the civil servant served in an established position for 20 years or more—10 years,
(ii) if he served in an established position for less than 20 years and not less than 10 years—half of that service, and
(iii) if he served in an established position for less than 10 years—5 years.
(2) (a) A notional period added under subsection (1) of this section shall not be in excess of the difference between the age of the civil servant at the time of his retirement or removal and—
(i) in case he would, on retiring on a date not later than three months after attaining the age of sixty-five years, have one more year of service reckonable in computing a superannuation allowance than he would have had on retiring on attaining the age of sixty-five years—the age which he would attain on that date, and
(ii) in any other case—the age of sixty-five years.
(b) A notional period added under subsection (1) of this section in a case in which the service of the civil servant reckonable in computing a superannuation allowance is less than 10 years shall not be reckoned for the purpose of computing a superannuation allowance.
(3) (a) Where—
(i) an established civil servant has served in an established position for not less than 10 years,
(ii) he holds or has held a position which, at the time of his appointment thereto, was designated in accordance with subsection (12) of this section as a professional position to which this section applies, and
(iii) the case is not one in which a notional period of 10 years is added under subsection (1) of this section,
then, subject to the provisions of this section, there shall be added, if the Minister in his discretion so directs, to the established service of the civil servant such notional period as the Minister directs not exceeding—
(I) the number of years of professional experience which were required immediately before the appointment of the civil servant to such professional position in order to qualify for appointment thereto, or
(II) 10 years,
whichever is the lesser.
(b) In subparagraph (II) of the foregoing paragraph, the reference to 10 years shall, in a case in which a notional period is added under subsection (1) of this section, be construed as a reference to the difference between that period and 10 years.
(4) (a) Where—
(i) an established civil servant has served in an established position for not less than 10 years,
(ii) he holds, or has, whether before or after the passing of this Act, held, a position which, at the time of his appointment thereto, was not designated in accordance with subsection (12) of this section as a professional position to which this section applies,
(iii) one of the qualifications required for appointment to such position was that, before appointment, the appointee must have had a period of professional experience,
(iv) his appointment to such position was made otherwise than on promotion or transfer from another established position,
(v) such position, or a position considered by the Minister to be an analogous position, is, at any time before the civil servant's retirement, so designated, and
(vi) the case is not one in which a notional period of 10 years is added under subsection (1) of this section
then, subject to the provisions of this section, there shall be added, if the Minister in his discretion so directs, to the civil servant's service in an established position such notional period as the Minister directs not exceeding one-half of that provided for by subsection (3) of this section, but taking for this purpose in a case in which one-half of an odd number of years would otherwise be taken, one-half of the next higher number of years.
(b) For the purposes of the foregoing paragraph, a requirement of an unspecified period of pre-recruitment experience necessary to qualify for appointment shall, if the Minister in his discretion so thinks proper, be taken to be a requirement of such specific period as he considers appropriate, subject to the limitation that it shall not exceed the number of years of professional experience required immediately before the appointment of a person to the relevant position referred to in subparagraph (v) of the foregoing paragraph to qualify for appointment thereto.
(5) Where a notional period is added under subsection (3) or (4) of this section, the civil servant's superannuation allowance and additional allowance shall, notwithstanding the scale of superannuation provided in section 2 of the Superannuation Act, 1859, as amended by section 1 of the Superannuation Act, 1909, and section 2 of the Superannuation Act, 1954, be computed as though his established service were increased by the notional period so added.
(6) (a) Where a person holds or has held a position which, at the time of his appointment thereto was designated in accordance with subsection (12) of this section as a professional position to which this section applies and he is enabled to reckon previous service either under the Superannuation Acts, 1834 to 1963, or under section 67 of the Local Government (Superannuation) Act, 1956, then, subject to paragraph (b) of this subsection—
(i) if the whole of such previous service can be counted as professional experience required to qualify for such position, the whole thereof shall be deducted from any notional period otherwise falling to be added to his established service under subsection (3) of this section,
(ii) if part only of such previous service can be so counted, that part thereof shall be so deducted.
(b) Where—
(i) a person—
(I) is entitled under section 67 of the Local Government (Superannuation) Act, 1956, to reckon previous service in a position to which, at the time of his appointment, the Local Authorities (Officers and Employees) Act, 1926, applied because the qualifications of that position were professional or,
(II) is entitled to reckon under section 4 of this Act previous service in a position which, in the opinion of the Minister, was a professional position analogous to a position referred to in clause (I) of this subparagraph,
(ii) a specified number of years of professional experience prior to appointment was required as one of the qualifications necessary for appointment to such position, and
(iii) the aggregate of the periods referred to in sub-paragraphs (i) and (ii) of this paragraph exceeds the notional period otherwise falling to be added under subsection (3) of this section,
then, in case the excess is equal to or greater than the previous reckonable service falling to be deducted under paragraph (a) of this subsection, that paragraph shall not apply and, in any other case, it shall be taken as providing for the previous reckonable service being treated for the purposes of the paragraph as being reduced by the excess.
(c) For the purposes of subparagraph (ii) of paragraph (b) of this subsection, a requirement of an unspecified period of professional experience prior to appointment shall, if the Minister in his discretion so thinks proper, be taken to be a requirement of such specific period as, having regard to the limitation contained in paragraph (b) of subsection (4) of this section, he considers appropriate.
(7) Where a person is enabled to reckon previous service in the Civil Service in an established professional position, and is appointed to a second established professional position, a notional period shall not be added under this section in respect of both professional positions.
(8) A notional period added under subsection (3) of this section shall, in the case of a person who is not a person to whom subsection (1) of this section applies and who retired otherwise than because of permanent infirmity of mind or body before attaining the age of sixty-five years, be reduced by the period by which his age at retirement falls short of sixty-five years.
(9) In the case of an established civil servant having temporary service which is reckonable under section 3 of the Superannuation Act, 1887,—
(a) in case such of the temporary service as may be reckoned as established service is 10 years or more—a notional period shall not be added under this section,
(b) in any other case—a notional period added under this section shall not exceed the period by which such of the temporary service as may be reckoned as established service is less than 10 years.
(10) A notional period added under this section shall not be such that it, together with the service reckonable in computing a superannuation allowance exceeds 40 years.
(11) (a) The Minister may by regulations specify the professional positions which may be designated as professional positions to which this section applies.
(b) Every regulation made under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(12) The Minister, in fixing under section 17 of the Civil Service Regulation Act, 1956, the conditions of service for an established position may designate it as a professional position to which this section applies if (but only if)—
(a) it is specified by regulations under subsection (11) of this section,
(b) one of the qualifications required for appointment to it is that, before appointment, the appointee must have had a specified number of years of professional experience, and
(c) appointment to it is made otherwise than on promotion or transfer from another established position.
Special severance gratuities.
7.—Where an established civil servant retires or is removed from the Civil Service—
(a) in consequence of the abolition of his office, or
(b) for the purpose of facilitating improvements in the organisation of the department to which he belongs by which greater efficiency or economy can be effected,
the Minister may, if in his discretion he so thinks proper, grant to the civil servant a special severance gratuity not exceeding—
(i) one-half of the annual salary of the office of the civil servant, or
(ii) the aggregate of the payments of salary which would have been made to him had he remained in an established position until he reached the age of sixty-five years or, in case he would, on retiring on a date not later than three months after attaining the age of sixty-five years, have one more year of service reckonable in computing a superannuation allowance than he would have had on retiring on attaining the age of sixty-five years, the age which he would attain on that date,
whichever is the lesser.
Modification of section 12 of Superannuation Act, 1834. 1834, c. 24.
8.—(1) Where, in accordance with section 12 of the Superannuation Act, 1834, and apart from this subsection, a calculation would, because of an increase of salary granted on promotion during the three years ending on the retirement, be made upon an average amount of salary, the calculation shall, if the Minister so directs, be computed upon the salary which the person concerned would have enjoyed at the time of his retirement if he had not been promoted.
(2) Where the Minister gives a direction under the foregoing subsection, any payments received in consequence of the promotion in excess of what would have been received if there had been no promotion may, if the Minister so directs, be treated for the purposes of the award as emoluments of office within the meaning of section 28 of the Superannuation Act, 1834.
(3) Where, in accordance with section 12 of the Superannuation Act, 1834, and apart from this subsection, an award would, because the person concerned is at the time of his retirement the holder of an office which does not form part of any class, not be computed on the salary enjoyed by him at the time of his retirement, the award shall, if he has served in that office for three years or longer and the Minister so directs, be computed on that salary.
(4) Subsections (1), (2) and (3) of this section, as well as applying to awards made after the passing of this Act, shall also apply to awards made on or after the 5th day of May, 1960, and before such passing, and those awards shall be adjusted or varied accordingly.
Reckoning of certain service under Folklore Commission.
9.—Where a person, while serving in a whole-time capacity in the employment of the Folklore Commission, was appointed to an established or unestablished position, the service of the person in the employment of the Folklore Commission shall, if the Minister in his discretion so directs and to such extent and subject to such conditions as he decides, be reckoned as unestablished service, and the person shall be deemed to have been paid out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859, during the period so reckoned.
Reckoning of certain service under Congested Districts Board.
10.—(1) Where a person, while serving in a whole-time capacity in the employment of the Congested Districts Board, was appointed to an established or unestablished position, the service of the person in the employment of the Congested Districts Board shall, if the Minister in his discretion so directs and to such extent and subject to such conditions as he decides, be reckoned as established service or unestablished service (as the Minister thinks proper), and the person shall be deemed to have been paid out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859, during the period so reckoned.
(2) The Minister may, if he thinks fit, give a direction pursuant to subsection (1) of this section in respect of the service of a person who retired from an established position before the passing of this Act and who was alive on such passing and—
(a) the direction shall have effect as from such date before such passing as the Minister appoints,
(b) any superannuation allowance or additional allowance payable to the person on or after the date so appointed shall be adjusted or varied accordingly, and
(c) the person shall be deemed to have been paid out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859, during the period to be reckoned in accordance with the direction.
Reckoning of certain service under sanitary authority.
11.—(1) Where—
(a) after the 26th day of March, 1936, and before the 2nd day of October, 1938, a person took up duty as an established civil servant, and
(b) until then he was performing, as a whole-time officer of a sanitary authority for the purposes of the Public Health (Ireland) Acts, 1878 to 1931, functions under the Agricultural Produce (Fresh Meat) Act, 1930, or the Pigs and Bacon Act, 1935, or both those Acts,
the service of the person when so performing those functions shall, if the Minister in his discretion so directs and to such extent and subject to such conditions as he decides, be reckoned as unestablished service, and the person shall be deemed to have been paid out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859, during the period so reckoned.
(2) The Minister may, if he thinks fit, give a direction pursuant to subsection (1) of this section in respect of the service of a person who retired from an established position before the passing of this Act and who was alive on such passing and—
(a) the direction shall have effect as from such date before such passing as the Minister appoints,
(b) any superannuation allowance or additional allowance payable to the person on or after the date so appointed shall be adjusted or varied accordingly, and
(c) the person shall be deemed to have been paid out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859, during the period to be reckoned in accordance with the direction.
Reckoning of certain service remunerated from Hospitals Trust Fund.
12.—Where—
(a) a person served, during a period which ended at any time before the passing of this Act, in a whole-time position in the Civil Service which was remunerated from the Hospitals Trust Fund, and
(b) he was appointed while so serving to an established or unestablished position which was remunerated from moneys provided by the Oireachtas,
the portion of his service which was remunerated from the Hospitals Trust Fund shall, if the Minister in his discretion so directs, be deemed to have been paid out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859.
Reckoning of unestablished service terminated by transfer to University College, Dublin. 1926, No. 32.
13.—Where, a person who is alive at the passing of this Act and who accepted employment in a situation in University College, Dublin, which was offered to him pursuant to section 16 of the University Education (Agriculture and Dairy Science) Act, 1926, while he was holding an unestablished position, retired before the passing of this Act from an established position to which he was appointed while he held employment in a situation in that College—
(a) the period of his service before the 1st day of October, 1926 (including any period of service during which he was remunerated wholly or partly out of a special fund as defined in section 12 of the Agriculture Act, 1931) shall be deemed to have been a period of unestablished service continuous with his established service,
(b) any superannuation allowance or additional allowance awarded to him shall be adjusted or varied accordingly, and
(c) he shall be deemed to have been paid out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859, during the said period during which he was remunerated wholly or partly out of a special fund.
District court clerk established before passing of Court Officers Act, 1951.
14.—Where—
(a) a person who is alive at the passing of this Act was, before the passing of the Court Officers Act, 1951, granted a certificate of qualification by the Civil Service Commissioners in respect of his situation as district court clerk, and
(b) he would, but for the grant of that certificate, have been a person to whom section 3 of that Act applied,
any superannuation or additional allowance granted to him before the passing of this Act under the Superannuation Acts, 1834 to 1956, or any of those Acts, shall, if the Minister so directs, be revised as if his certificate of qualification had been expressed to take effect from such date, prior to the date of that certificate, as the Minister determines and as if he had been paid from moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859, as from the date so determined.
Grant of certificates of qualification (National College of Art).
15.—(1) This section applies to a person who at the passing of this Act is an officer of the Minister for Education holding the position of—
(a) Professor of Painting in the National College of Art,
(b) Professor of Sculpture in the National College of Art,
(c) Assistant Professor of Sculpture in the National College of Art.
(2) On the recommendation of the Minister for Education, given with the concurrence of the Minister, the Civil Service Commissioners shall—
(a) grant to a person to whom this section applies a certificate of qualification in respect of his position,
(b) grant to the person referred to in paragraph (a) of subsection (1) of this section a certificate of qualification in respect of his former position as Assistant Professor of Painting in the National College of Art.
(3) A certificate of qualification granted pursuant to this section may, with the consent of the Minister, be expressed to take effect from a date prior to the date on which it is granted.
Reckoning of service in Civil Service of Dáil Éireann.
16.—(1) Every period of service in the Civil Service of Dáil Éireann shall be deemed to have been remunerated out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859.
(2) Where the Minister is satisfied—
(a) that on a specified day a person began a period of service in the Civil Service of Dáil Éireann, and
(b) that the period ended on a subsequent specified day,
the period, except any part thereof which, immediately before the passing of this Act stood reckonable as established service, shall be reckonable as unestablished service.
(3) Subsections (1) and (2) of this section shall apply to a person who retired from an established position before the passing of this Act and who was alive on such passing, and any superannuation allowance or additional allowance payable to him shall be adjusted or varied accordingly with effect as from such date before such passing as the Minister appoints.
(4) In this section “Civil Service of Dáil Éireann” has the same meaning as in the Superannuation Act, 1936.
Reckoning of unestablished service in certain cases.
17.—(1) Where—
(a) the established service of a person falls to be determined under section 12 or section 13 of the Superannuation Act, 1936, and
(b) the date from which the person's established service is deemed to have commenced is later than the date of his first admission to a civil service which is, by virtue of subsection (1) of section 2 of the Superannuation Act, 1936, a civil service to which re-instatement under that Act applies,
the intervening period between the two dates shall, if the Minister in his discretion so directs and to such extent and subject to such conditions as he decides, be reckoned as a period of unestablished service and the person shall be deemed to have been paid out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859, during the period so reckoned.
(2) The Minister may, if he thinks fit, give a direction pursuant to subsection (1) of this section in respect of the service of a person who retired from an established position before the passing of this Act and who was alive on such passing and—
(a) the direction shall have effect as from such date before such passing as the Minister appoints,
(b) any superannuation allowance or additional allowance payable to the person on or after the date so appointed shall be adjusted or varied accordingly, and
(c) the person shall be deemed to have been paid out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859, during the period to be reckoned in accordance with the direction.
Reconstitution of service in certain circumstances.
18.—Where—
(a) a person who is alive at the passing of this Act was granted a certificate of qualification under subsection (1) of section 62 of the Court Officers Act, 1926,
(b) before such grant he had ceased solely for political reasons to be employed in an established position in the Civil Service of the late United Kingdom of Great Britain and Ireland, and
(c) he retired before the passing of this Act from an established position, the following provisions shall have effect:
(i) the following periods shall be reckoned as one continuous period of established service:
(I) his period of service in an established position in the Civil Service of the late United Kingdom of Great Britain and Ireland,
(II) the period between the date of his cesser of office in the Civil Service of the late United Kingdom of Great Britain and Ireland and the 1st day of January, 1923, and
(III) his period of established service in the Civil Service,
(ii) any superannuation allowance or additional allowance awarded to him shall be adjusted or varied accordingly, and
(iii) he shall be deemed to have been paid out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859, during the period referred to in subparagraph (II) of paragraph (i) of this section.
Improved superannuation for certain former local authority employees who became civil servants.
19.—Where—
(a) at the passing of this Act a person is in receipt (or would be in receipt but for payment being suspended) of a superannuation allowance,
(b) the date on which the person took up duty as an established civil servant was after the 1st day of October, 1936, and before the 2nd day of November, 1939,
(c) it is shown to the satisfaction of the Minister—
(i) that the person lost office or employment under a committee of technical instruction for political reasons, or
(ii) that, the person having been appointed by resolution of a committee of technical instruction to be an officer of that committee, such resolution became void as a result of the operation of section 71 of the Local Government Act, 1925,
(d) section 5 of the Local Government Act, 1936, did not apply to the person,
the period between the date (as determined by the Minister) on which the loss of office or employment occurred or the resolution became void (as the case may be) and the date on which the person became an established civil servant shall, if the Minister in his discretion so directs and to such extent as he determines, be reckoned as established service, and—
(I) the person shall be deemed to have been paid out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859, during the period so reckoned, and
(II) the superannuation allowance and any additional allowance awarded to him shall, with effect as from the date of his retirement, be adjusted or varied accordingly.
Amendment of section 5 of Local Government Act, 1933.
20.—(1) A certificate under subsection (1) of section 5 of the Local Government Act, 1933, may be given at any time within twelve months after the passing of this Act.
(2) Subsection (1) of section 5 of the Local Government Act, 1933, as amended by subsection (1) of this section, shall apply in a case in which, in the opinion of the Minister for Education, an officer of a vocational education committee having, on a date during the period from the 1st day of January, 1922, to the 9th day of March, 1932, been appointed by resolution of a committee of technical instruction to be an officer of that committee, such resolution became void as a result of the operation of section 71 of the Local Government Act, 1925, and, in any such case,—
(a) the certificate to be given pursuant to the said subsection by the Minister for Education shall be a certificate that, the officer having, on a specified date, been appointed as aforesaid, the resolution appointing him became void as a result of the operation of the said section 71, and
(b) paragraph (a) of the subsection shall have effect with the substitution for the first date therein mentioned of the said specified date and as if it provided for such (if any) reduction in the period otherwise reckonable thereunder as the said certificate specifies.
(3) Where a certificate is given by virtue of subsection (1) of this section, the superannuation award granted to the person concerned shall, with effect as from his retirement, be adjusted or varied accordingly.
(4) The superannuation charges arising under subsection (2) of this section shall, if the Minister so agrees, be refunded out of moneys provided by the Oireachtas.
Amendment of section 15 (3) of Superannuation Act, 1936.
21.—Subsection (3) of section 15 of the Superannuation Act, 1936, is hereby amended by the insertion of “or as an officer of the Dublin Metropolitan Police” after “officer of the Garda Síochána” where the latter words occur secondly and thirdly.
Special payments in certain cases.
22.—(1) In this section “superannuation allowance in relation to which this section applies” means a superannuation allowance which was in course of payment on the 1st day of January, 1950, in respect of service in a position as Inspector or as Organiser in the Department of Education, being an allowance in the computation of which service as a teacher was reckoned pursuant to section 21 of the Superannuation Act, 1936, and the regulations made thereunder.
(2) Where, at the passing of this Act, a person is either—
(a) a person to whom a superannuation allowance in relation to which this section applies is in course of payment, or
(b) a woman who, having been the wife until his death of a person to whom a superannuation allowance in relation to which this section applies was awarded, has not married again,
the Minister may make a payment to the person.
(3) The making of a payment under this section shall be at the discretion of the Minister and, where he makes any such payment, its amount shall also be at his discretion subject to the limitation specified in the next subsection.
(4) (a) The amount of a payment under this section shall not exceed—
(i) in case the pensioner would, if the provisions of the Superannuation (Reckoning of Teaching Service) Regulations, 1951, had been applicable to him, have been required to pay a contribution in respect of the benefits granted under those Regulations—
(I) one-thirtieth of the annual salary by reference to which the superannuation allowance of the pensioner was computed multiplied by the number of years of the pensioner's teaching service,
reduced by—
(II) the amount of the contribution which the pensioner would have been so required to pay, or
(ii) in any other case, one-thirtieth of the annual salary by reference to which the superannuation allowance of the pensioner was computed multiplied by the number of years of the pensioner's teaching service.
(b) For the purposes of paragraph (a) of this subsection, where the number of years of the pensioner's teaching service is a whole number and a fraction representing a part of a year—
(i) in case the teaching service was succeeded by a period of established service as Inspector or as Organiser in the Department of Education the number of years of which is a whole number and a fraction representing a part of a year not less than the difference between the first-mentioned fraction and one—the first-mentioned whole number and the first-mentioned fraction shall be disregarded and the number of years of the pensioner's teaching service shall be taken to be the whole number next higher to the first-mentioned whole number, and
(ii) in any other case, the first-mentioned fraction shall be disregarded.
(c) In this subsection—
“the pensioner” means the person to whom the relevant superannuation allowance in relation to which this section applies was granted,
“teaching service” means the amount of teaching service which, if the pensioner had retired on the 15th day of November, 1951, would, under the Superannuation (Reckoning of Teaching Service) Regulations, 1951, have been reckonable service for all the purposes of the Superannuation Acts, 1834 to 1947.
Certain persons to be deemed established civil servants for purposes of Superannuation Act, 1956.
23.—(1) Each of the following persons shall be deemed, for the purposes of the Superannuation Act, 1956, to be an established civil servant:
(a) a person who holds a position with respect to which section 22 or subsection (1) of section 24 of the Superannuation Act, 1936, applies,
(b) a person in respect of whom an approval is given by the Minister for the purposes of paragraph (a) of subsection (i) of section 27 of this Act,
(c) a member of the Industrial Development Authority (other than James Patrick Beddy or a person in respect of whom an award under the Superannuation Acts, 1834 to 1963, is capable of being made).
(d) a person who holds the office of Comptroller and Auditor-General.
(2) A pension under section 28 of this Act or under the Comptroller and Auditor-General Act, 1923, shall be deemed, for the purposes of the Superannuation Act, 1956, to be a superannuation allowance.
Payment of pay, pension, superannuation or other allowance, annuity or gratuity where beneficiary is incapacitated.
24.—(1) Where an amount in respect of any pay, pension, superannuation or other allowance, annuity or gratuity payable by any Minister is so payable to a person (in this section referred to as the beneficiary) with respect to whom that Minister is satisfied, on the certificate of a registered medical practitioner, that he is unable by reason of mental or physical disability to give a receipt for the amount, that Minister may pay the amount—
(a) wholly or partly to any institution or person having care of the beneficiary,
(b) wholly or partly to such persons as that Minister considers to be dependants of the beneficiary, or
(c) as to part thereof, to any institution or person having care of the beneficiary and, as to the remainder, wholly or partly to such persons as that Minister considers to be dependants of the beneficiary, and in such manner as that Minister thinks fit.
(2) Any payments made under this section shall discharge such Minister as makes them as fully as if they were made directly to the beneficiary.
Rounding of pensions to nearest shilling.
25.—Where an annual allowance of superannuation or compensation under the Superannuation Acts, 1834 to 1963, is granted after the passing of this Act and the annual amount thereof would, apart from this section, be a whole number of shillings and a part of a shilling, such annual amount shall be—
(a) in case the part of a shilling is less than sixpence, the whole number of shillings, and
(b) in case the part of a shilling is sixpence or more, the whole number plus one of shillings.
Delegation of superannuation functions.
26.— The Minister may, to such extent and subject to such conditions as he thinks fit, delegate to any Minister of State any power conferred on him by the Superannuation Acts, 1834 to 1963, to grant any allowance or gratuity.
Property arbitrator.
27.—(1) Where a person, having been appointed, either after the 1st day of November, 1961, and before the passing of this Act or after the passing of this Act, pursuant to subsection (1) of section 2 of the Property Values (Arbitrations and Appeals) Act, 1960, to be a property arbitrator, is employed in a whole-time capacity under the terms of his appointment as a property arbitrator—
(a) his service as a property arbitrator (excluding any service rendered by him after the expiry of three months from the day on which he attains the age of sixty-five years) shall, provided the Minister approves, be deemed for the purposes of the Superannuation Acts, 1834 to 1963, to be established service,
(b) if no award is made to or in respect of him by virtue of the foregoing paragraph, his service shall be deemed to be service in a capacity to which section 4 of the Superannuation Act, 1887, applies.
(2) The service of a person who was deemed pursuant to subsection (4) of section 2 of the Property Values (Arbitrations and Appeals) Act, 1960, to be appointed to be a property arbitrator (including his service as a member of the panel of official arbitrators under the Acquisition of Land (Assessment of Compensation) Act, 1919) shall be deemed to have been service in a capacity to which section 4 of the Superannuation Act, 1887, applies.
Superannuation of whole-time members of Industrial Development Authority.
28.—(1) In this section “the Authority” means the Industrial Development Authority.
(2) (a) Where a person, after not less than ten years' pensionable service (including at least one continuous period of five years' pensionable service), ceases to be a member of the Authority—
(i) by the expiration of his term of office without re-appointment, or
(ii) by his resignation during his term of office either after he has attained the age of sixty years or on account of ill-health before attaining that age, he may, subject to the next paragraph, be granted a pension for his life calculated at the rate of one forty-eighth of his pensionable salary for each completed year of his pensionable service, subject to a maximum of twenty-four forty-eighths of his pensionable salary.
(b) Paragraph (a) of this subsection shall not apply in a case in which, the person having ceased to be a member of the Authority by the expiration of his term of office without re-appointment, the Minister for Industry and Commerce certifies that he would have been re-appointed but for his absence from all meetings of the Authority during a period of six months or for stated misconduct or that he refused to accept an appointment.
(3) Where a person dies during his term of office as a member of the Authority after not less than five years' pensionable service, his legal personal representative may be granted a gratuity of an amount equal to his pensionable salary.
(4) Where a person who on ceasing to hold office as a member of the Authority has been granted a pension dies when the amount of the payments in respect of the pension from such cesser to his death is less by any sum than his pensionable salary, his legal personal representative may be granted a gratuity equal to that sum.
(5) (a) In subsections (2) and (3) of this section “pensionable service” means service as a whole-time member of the Authority by a person who is under the age of sixty-five years, together with—
(i) in the case of a member of the Authority who attains that age during his term of office, such period of service, if any, as a whole-time member of the Authority (not exceeding three months) subsequent to the date on which he attains that age, and no more, as, when added to his pensionable service prior to that date, would complete a further year's pensionable service, and
(ii) in the case of a person who is a member of the Authority at the passing of this Act and who was first appointed as a member of the Authority on the 26th day of May, 1949, the period from the 12th day of June, 1953, to the 28th day of March, 1961.
(b) For the purposes of the foregoing paragraph, in the case of a member of the Authority with respect to whom no direction has been given under subsection (7) of section 4 of the Industrial Development Authority Act, 1950, his service as a member of the Authority shall be deemed to be service as a whole-time member notwithstanding the fact that he holds, or has, whether before or after the passing of this Act, held, a position as a part-time member of the board of a body approved of for the purposes of this paragraph by the Minister and the Minister for Industry and Commerce.
(c) For the purposes of subsections (2), (3) and (4) of this section “pensionable salary” shall be computed in like manner as salary is computed for the purposes of the Superannuation Acts, 1834 to 1963.
(6) Subsections (2) to (5) of this section shall not apply to James Patrick Beddy or to a person in respect of whom an award under the Superannuation Acts, 1834 to 1963, other than those subsections, is capable of being made.
(7) (a) If James Patrick Beddy (hereafter in this subsection referred to as the existing chairman) is, at the passing of this Act, chairman of the Authority, he may, by notice in writing sent to the Minister for Industry and Commerce within three months after such passing, elect to adopt the provisions of this subsection.
(b) If the existing chairman makes the election referred to in the foregoing paragraph—
(i) the superannuation benefits payable to or in respect of him, on his ceasing to hold office as chairman of the Authority, shall be calculated on the basis provided for by paragraphs (c) to (e) of this subsection, and
(ii) paragraphs 3 to 11 of the Schedule to the Industrial Development Authority Act, 1950, and the portion of the contract entered into with the existing chairman by the Minister for Industry and Commerce pursuant to subsection (5) of section 4 of that Act shall cease to have effect.
(c) For the purposes of the Superannuation Acts, 1834 to 1963, the existing chairman shall be deemed to be an established civil servant and his pensionable service, as defined in the next paragraph, shall be deemed to be established service.
(d) The pensionable service of the existing chairman for the purposes of this subsection shall be continuous service rendered prior to attaining the age of sixty-five years in the following capacities:
(i) as an established civil servant,
(ii) as an official of the Industrial Credit Company, Limited,
(iii) as chairman of the Authority.
(e) For the purposes of an award by virtue of this subsection, the existing chairman shall be deemed to have been in receipt from moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859, of a salary equal to the total of the salary payable to him as chairman of the Authority and the salary payable to him as managing director of the Industrial Credit Company, Limited.
(8) Where an established civil servant is definitively transferred to the Authority as a member thereof, the superannuation benefits to be granted to him shall, if the Minister in his discretion so directs, be calculated in accordance with the provisions of the Superannuation Acts, 1834 to 1963, as if, during the period of his service as a whole-time member of the Authority subsequent to his transfer, he had been an established civil servant and had been paid during that period out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859.
(9) Any award pursuant to this section shall be made by the Minister on the recommendation of the Minister for Industry and Commerce.
(10) Payments under an award made pursuant to this section shall be made out of the grants under section 7 of the Industrial Development Authority Act, 1950, or, if the Minister for Finance so directs, out of moneys provided by the Oireachtas.
(11) (a) Whenever, a superannuation allowance or pension having become payable pursuant to this section, the pensioner receives any payments by way of remuneration out of public moneys, the superannuation allowance or pension shall be limited to such amount (if any) as, when added to the payments received by way of remuneration, does not exceed, in any period of twelve months, the annual remuneration which was payable to him as a member of the Authority or, if the pensioner is James Patrick Beddy, the total specified in paragraph (e) of subsection (7) of this section immediately before the superannuation allowance or pension commenced (or would have commenced but for not being in course of payment).
(b) The superannuation benefits payable pursuant to this section (whether by way of allowance, pension or death gratuity) shall be limited to the amount (if any) by which any other superannuation benefit, provided by means of a charge on public moneys and payable to or in respect of the relevant person to whom this section applies, falls short of—
(i) in the case of a pension awarded pursuant to subsection (2) of this section, one-half of either the pensionable salary for the purposes of that subsection or the salary by reference to which the other superannuation benefit was calculated, whichever is the greater,
(ii) in the case of a gratuity awarded pursuant to subsection (3) or subsection (4) of this section, either the pensionable salary for the purposes of that subsection or the salary by reference to which the other superannuation benefit was calculated, whichever is the greater,
(iii) in any other case, the amount payable under the Superannuation Acts, 1834 to 1963, on the retirement or death (as may be appropriate) of a civil servant with forty-five years' established service and a pensionable salary equal to either the salary by reference to which the award in respect of service as a member of the Authority was calculated or the salary by reference to which the other superannuation benefit was calculated, whichever is the greater.
(c) For the purposes of the foregoing paragraph the Minister may determine—
(i) the annual value of any allowance or lump sum, or
(ii) the lump sum equivalent to any superannuation allowance or pension,
payable from public moneys to a person to whom this section applies.
(12) A pension payable pursuant to this section shall not be capable of being charged or assigned.
(13) Payment of a pension payable pursuant to this section shall be subject to the making by the payee of a declaration in such form and at such times as the Minister may direct.
(14) (a) The Minister may determine that part of a payment in respect of an award payable pursuant to subsection (7) of this section shall be borne by the Industrial Credit Company, Limited.
(b) If the Minister makes a determination under the foregoing paragraph, he shall also determine the amount of the payment to be borne by the Industrial Credit Company, Limited, and that Company shall pay that amount to the Minister.
(c) Any amount paid to the Minister under this subsection shall be paid into or disposed of for the benefit of the Exchequer in accordance with the direction of the Minister.
Non-contributory pensions to former members of Houses of the Oireachtas in necessitous circumstances.
29.—(1) (a) This section applies to a person—
(i) who is over fifty years of age and is either incapacitated by ill-health or over sixty years of age,
(ii) who is not, and was not after the 30th day of April, 1960, a member of Dáil Éireann or Seanad Éireann,
(iii) who was a member of Dáil Éireann or Seanad Éireann on or before the 30th day of April, 1960,
(iv) whose service is 3,460 days or more, and
(v) who is not in receipt of a pension under the Ministerial and Parliamentary Offices Acts, 1938 to 1960.
(b) In paragraph (a) of this subsection “service” means the period or the aggregate of the periods during which the person in question was in receipt of an allowance as a member of Dáil Éireann or Seanad Éireann.
(2) (a) An application for a pension may be made to the Minister by or on behalf of a person to whom this section applies.
(b) Every such application shall be made in such form as the Minister may require.
(3) On any such application by or on behalf of a person to whom this section applies, the Minister may grant a pension to that person.
(4) The making of a grant under this section shall be at the discretion of the Minister except that he shall not make a grant unless he is satisfied that, having regard to the financial circumstances of the person by whom or on whose behalf the application is made, a grant is justified and, where he makes any such grant, the amount of the pension shall, subject to the next subsection, also be at his discretion.
(5) A pension under this section shall not exceed £350 per annum and, in fixing its amount, the Minister shall have regard to the financial circumstances of the grantee.
(6) The Minister may make such arrangements as he thinks fit for the examination of applications under this section (including reference of applications to a committee of members of the Houses of the Oireachtas set up for the purpose).
(7) A grant made under this section may, if the Minister so thinks proper, be a grant having effect as from a date which is prior to the date of the grant but is not earlier than the date of the application.
(8) Payment of a pension under this section shall be subject to the making by the payee of a declaration in such form and at such times as the Minister may direct.
(9) Where a person to whom a pension under this section has been granted becomes entitled to sit in either House of the Oireachtas, the pension under this section shall be cancelled as from the date on which such person's allowance as a member of that House commences.
(10) The fact that a pension under this section has, in the case of a particular person, been refused once or more often shall not prevent the subsequent grant to that person of such a pension.
(11) Where the Minister made before the passing of this Act a grant which, if this section had then been in force, would have been a grant proper to be made under this section, or would have been such a grant if it had effect from the date of the application therefor, the grant shall be and shall be deemed always to have been a grant properly made under this section.
Amendment of section 6A of Oireachtas (Allowances to Members) Act, 1938.
30.—(1) Section 6A of the Oireachtas (Allowances to Members) Act, 1938, being the section inserted by section 5 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960, is hereby amended, with effect as from the passing of the last-mentioned Act, by the addition of the following subsections:
“(4) A scheme to which this section applies may be amended by resolution passed by each House of the Oireachtas.
(5) A scheme to which this section applies may contain provisions for enabling the scheme to be wound up by resolution passed by each House of the Oireachtas and for empowering the trustees of the scheme, where the scheme is wound up, to realise and dispose of assets.”
(2) The Oireachtas (Allowances to Members) Acts, 1938 to 1962, and this section may be cited together as the Oireachtas (Allowances to Members) Acts, 1938 to 1963.
Supplements to certain allowances under Local Government (Superannuation) Act, 1956.
31.—(1) This section applies to a person who has retired, consequent upon the Health (Age Limit for Office of District Medical Officer) Declaration, 1960, from the office of district medical officer if the retirement occurred on the 1st day of January, 1961, or after that day and before the 1st day of January, 1968.
(2) The Minister for Health may, with the approval of the Minister, pay out of moneys provided by the Oireachtas a supplement to any allowance under the Local Government (Superannuation) Act, 1956, which is payable to a person to whom this section applies in respect of his former office as district medical officer.
(3) The rate of a supplement under this section shall be calculated as a percentage of the relevant allowance, and the percentage shall be—
(a) where the year of retirement is 1961—50 per cent.,
(b) where that year is 1962—45 per cent.,
(c) where that year is 1963—40 per cent.,
(d) where that year is 1964—35 per cent.,
(e) where that year is 1965—30 per cent.,
(f) where that year is 1966—20 per cent.,
(g) where that year is 1967—10 per cent.
(4) A supplement under this section shall be payable until the death of the payee or the expiration of six years from the retirement (whichever first occurs).
(5) Where a person to whom a supplement under this section is payable receives any payment by way of remuneration out of public moneys, no more of the supplement shall be paid to him in any year than so much as, with that payment and the relevant allowance, equals the remuneration (inclusive of the money value of emoluments, if any) on which that allowance was computed.
Payment in respect of vacation of residence in certain cases.
32.—(1) This section applies to a person who, on retiring consequent upon the Health (Age Limit for Office of District Medical Officer) Declaration, 1960, has vacated a residence provided for him as the holder of that office if the vacation of the residence occurred on the 1st day of January, 1961, or after that date and before the 1st day of July, 1965.
(2) The Minister for Health may, with the approval of the Minister, pay out of moneys provided by the Oireachtas to a person to whom this section applies—
(a) where the date of vacation of the residence and the date of retirement were the same date during the six months ending on the 30th day of June, 1961, or, not being the same date, the later of them fell within those six months—five hundred pounds,
(b) where those dates were the same date during the year ending on the 30th day of June, 1962, or, not being the same date, the later of them fell within that year—four hundred pounds,
(c) where those dates were the same date during the year ending on the 30th day of June, 1963, or, not being the same date, the later of them fell within that year—three hundred pounds,
(d) where those dates were the same date during the year ending on the 30th day of June, 1964, or, not being the same date, the later of them fell within that year—two hundred pounds,
(e) where those dates were the same date during the year ending on the 30th day of June, 1965, or, not being the same date, the later of them fell within that year—one hundred pounds.
Reckoning by justice of District Court of service as county registrar.
33.—Paragraph 7 of the Second Schedule to the Courts (Supplemental Provisions) Act, 1961, is hereby amended by the insertion in the definition of “service” of the following subparagraph after subparagraph (b):
“(bb) service as a county registrar (being service which was continuous with subsequent service as a justice or as a temporary district justice and being service in respect of which the person concerned was remunerated, exclusive of any period during which he was absent on account of illness and was remunerated at a rate determined by reference to the rate which would be appropriate if he were on pension),”
Amendment of Transport Act, 1959.
34.—(1) In this section—
“the Scheme” means the Córas Iompair Éireann (Members) Superannuation Scheme, 1960;
“approved body” means a body which is approved of for the purposes of this section by the Minister and the Minister for Transport and Power.
(2) Notwithstanding section 2 of the Transport Act, 1959, where a person to whom the Scheme applies is appointed as a part-time member of the board of an approved body, he shall continue to be eligible for the benefits of the Scheme.
(3) Subsection (2) of this section shall apply in relation to a person who, at any time after the 30th day of March, 1962, and before the passing of this Act (being a time when the Scheme applied to him), was appointed as a part-time member of the board of an approved body, including any such person who has died or retired before the passing of this Act.
Determination of disputed matters by the Minister.
35.—Every doubt, question or dispute arising under this Act shall be decided by the Minister, whose decision thereon shall be final and conclusive.
Short title and collective citation.
36.—(1) This Act may be cited as the Superannuation and Pensions Act, 1963.
(2) The Superannuation Acts, 1834 to 1956, and this Act may be cited together as the Superannuation Acts, 1834 to 1963.