National School Teachers’ Superannuation Scheme, 1934

• Jurisdiction: Ireland
• Year: 1934
• Citation: IR SI 23/1934

STATUTORY RULES AND ORDERS. 1934. No. 23.
NATIONAL SCHOOL TEACHERS' SUPERANNUATION SCHEME, 1934.
WHEREAS it is enacted by section 2 of the Teachers' Superannuation Act, 1928 (No. 32 of 1928), that the Minister for Education may, with the consent of the Minister for Finance, prepare in relation to any particular class or classes of teachers, a scheme (in that Act referred to as a superannuation scheme) with the object of providing pensions and gratuities for or in respect of the class or classes of teachers to whom such scheme applies and (subject to confirmation thereof under that Act) carry such scheme into execution, and that different superannuation schemes may be prepared and (subject as aforesaid) be carried into execution by the Minister for Education in relation to different classes of teachers;
AND WHEREAS the provisions contained in the Scheme hereby made are provisions which are authorised to be inserted therein by sub-sections (1) and (4) of section 3 of the said Act;
AND WHEREAS it is enacted by section 5 of the said Act that no superannuation scheme shall come into force unless and until it has been laid before each House of the Oireachtas and has been confirmed by resolution of each such House;
NOW, I, Tomas O Deirg, Minister for Education, with the consent of the Minister for Finance testified by his signature hereto, in exercise of the powers conferred on me by the Teachers' Superannuation Act, 1928 (No. 32 of 1928), and of every and any other power me in this behalf enabling do hereby make the following scheme, that is to say:—
PART I.PRELIMINARY AND GENERAL.
	1 Short title.	1. This Scheme may be cited for all purposes as the National School Teachers' Superannuation Scheme, 1934.
	2 Commencement of Scheme.	2. This Scheme shall come into force on the 1st day of April, 1934.
	3 Application of the Interpretation Act, 1923 .	3. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Scheme in like manner as it applies to the interpretation of an Act of the Oireachtas.
	4 Definitions.	4. In this Scheme—
the expression "the Minister" means the Minister for Education;
the expression "National School" means a school recognised by the Minister as a National School;
the expression "the appointed day" means the day on which this Scheme comes into force;
the expression "the Act of 1879" means the National School Teachers (Ireland) Act, 1879, except section 12 of that Act, and also includes the rules made under section 11 of that Act;
the expression "classed teacher" has the same meaning as in the Act of 1879;
the expression "non-classed teacher" means a person who is recognised by and receives salary from the Minister as a Lay Assistant Teacher in a Monastery or Convent National School, or as a Junior Assistant Mistress in a National School;
the expression "teacher" when used without qualification, means a person who is a classed teacher or a non-classed teacher;
the expression "retired classed teacher" means a person who was a classed teacher before the appointed day but is not a classed teacher on that day;
the expression "existing classed teacher" means a person who is a classed teacher on the appointed day;
the expression "the pre-1914 rules" means the rules made under section 11 of the National School Teachers' (Ireland) Act, 1879, before the 9th day of October, 1914;
the expression "the 1914 rules" means the Irish Teachers' Pension Rules, 1914, as amended;
the expressions "retired classed (pre-1914) teacher" and "existing classed (pre-1914) teacher" mean respectively a retired classed teacher and an existing classed teacher whose superannuation rights were immediately before the appointed day governed by the pre-1914 rules;
the expressions "retired classed (1914) teacher" and "existing classed (1914) teacher" mean respectively a retired classed teacher and an existing classed teacher whose superannuation rights were immediately before the appointed day governed by the 1914 rules;
the word "salary" means the remuneration received by a teacher from the Minister out of moneys provided by the Oireachtas for duty in a National School, but does not include the value of the Teacher's residence or gratuities for instruction of pupil teachers, or payment in respect of candidates at the Preparatory College Entrance Examination, or special allowances to teachers of National Schools for Irish-speaking children outside the Gaeltacht, or any other form of payment or emolument granted after the appointed day which the Minister shall declare to be excluded from the definition of "salary" for the purpose of this Scheme;
the word "retires" means ceases to serve as teacher, and the words "retired" and "retirement" shall be construed accordingly;
the expression "enters the service" means enters on service as a teacher;
the expression "re-enters the service" means re-enters on service as a teacher;
the expression "while in the service" means while actually serving as a teacher.
	5 Persons to whom the Scheme applies.	5. This Scheme applies to every teacher.
	6 Revocation of Act of 1879 in respect of certain classes of teachers.	6.—(1) This Scheme shall, in its application to every person who is an existing classed teacher, be in substitution for the provisions of the Act of 1879, and the said provisions, save such of those provisions as relate to the payment and collection of premiums due in respect of salary for service given before the appointed day by such person, shall as on and from the appointed day cease to have effect in relation to such person.
(2) This Scheme shall, in its application to every person who is a non-classed teacher on the appointed day and is also a retired classed teacher, be in substitution for the provisions of the Act of 1879, and the said provisions, save such of those provisions as relate to the payment and collection of premiums due in respect of salary for service given before the appointed day by such person, shall as on and from the appointed day cease to have effect in relation to such person, and the pension (if any) payable under the said provisions to such person shall thereafter cease to be payable.
(3) This scheme shall, in its application to every person who becomes for the first time a classed teacher on a date after the appointed day, be in substitution for the provisions of the Act of 1879, and the said provisions shall as on and from the said date cease to have effect in relation to such person.
(4) This Scheme shall, in its application to every person who is not a non-classed teacher on the appointed day but is a retired classed teacher and who re-enters the service, be in substitution for the provisions of the Act of 1879, and the said provisions, save such of those provisions as relate to the payment and collection of premiums due in respect of salary for service given before the appointed day by such person, shall as on and from the date of such re-entry cease to have effect in relation to such person and the pension (if any) payable under the said provisions to such person shall thereafter cease to be payable.
	7 Pensionable service.	7.—(1) The pensionable service of any person for the purposes of this Scheme shall, subject to the provisions of this paragraph, be reckoned in accordance with the following rules, that is to say:—
(a) in the case of a person who is an existing classed (pre-1914) teacher or a retired classed (pre-1914) teacher, one half of every period ending before the appointed day during which such person actually served as a classed teacher shall be pensionable service;
(b) in the case of a person who is an existing classed (1914) teacher or a retired classed (1914) teacher, every period ending before the appointed day during which such person actually served as a classed teacher shall be pensionable service;
(c) in the case of a person who is an existing classed (1914) teacher or a retired classed (1914) teacher, every period ending before the appointed day (being a period during which such person did not actually serve as a classed teacher but which was under the 1914 rules reckonable as service by such person for superannuation purposes under the Act of 1879), shall be pensionable service;
(d) in the case of a person (in this paragraph referred to as an eligible person) who is a teacher on the appointed day, or who, though not a teacher on the appointed day, served as a teacher at any time during the period of five years ending immediately before the appointed day, two-thirds of every period ending before the 1st day of April, 1921, during which such person—
(i) was employed full-time in the capacity of lay assistant teacher in a Convent or Monastery National School in Ireland, and
(ii) was duly recognised by the Commissioners of National Education in Ireland,
shall be pensionable service;
(e) in the case of an eligible person, two-thirds of every period commencing on or after the 1st day of April, 1921, and ending before the 1st day of February, 1922, during which such person—
(i) was employed full-time in the capacity of lay assistant teacher in a Convent or Monastery National School in Ireland, and
(ii) was in that capacity in receipt of salary paid directly out of moneys provided by the United Kingdom Parliament,
shall be pensionable service;
(f) in the case of an eligible person, two-thirds of every period ending before the 1st day of February, 1922, during which such person—
(i) was employed full-time in the capacity of junior assistant mistress or manual instructress in a National School in Ireland, and
(ii) was in that capacity in receipt of salary paid directly out of moneys provided by the United Kingdom Parliament,
shall be pensionable service;
(g) in the case of an eligible person, two-thirds of every period commencing on or after the 1st day of February, 1922, and ending before...