Secondary Teachers’ Superannuation Scheme, 1929

• Jurisdiction: Ireland

STATUTORY RULES AND ORDERS. 1929. No. 19.
SECONDARY TEACHERS' SUPERANNUATION SCHEME, 1929.
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 Sections 3 and 4 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, John Marcus O'Sullivan, 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:—
	1 Short Title.	1. This Scheme may be cited for all purposes as the Secondary Teachers' Superannuation Scheme, 1929, and shall come into force immediately it has been confirmed by resolution of each House of the Oireachtas.
	2 Interpretation of Scheme.	2. 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.
	3 Definitions.	3. In this Scheme—
the expression "the Minister" means the Minister for Education;
the expression "the appointed day" means the 1st day of August, 1929;
the expression "the Incremental Salary Rules" means rules for the time being in force made by the Minister with the consent of the Minister for Finance, in relation to the distribution to secondary teachers of money voted by the Oireachtas for the purpose of incrementing the salaries of such teachers;
the expression "recognised teacher" has the meaning assigned to it by the Incremental Salary Rules;
the expression "approved teaching service" has the meaning assigned to it by the Incremental Salary Rules subject to this modification that the condition contained in the said Rules requiring service as a teacher to be certified by the inspectors of the Department of Education shall not apply;
the expression "registered secondary teacher" means a teacher on the register of intermediate school teachers in Saorstát Eireann formed under sub-section (3) of section 1 of the Intermediate Education (Ireland) Act, 1914;
the expression "certified pensionable post in the Civil Service" means a pensionable post in the Civil Service of Saorstát Eireann in respect of which the Minister and the Minister for Finance certify that educational qualifications and experience of a teacher are desirable for the proper performance of the duties thereof;
the expression "school year" means the period commencing on the 1st day of August in any year and ending on the 31st day of July in the next following year;
the expression "quarter" means the period of three months commencing on either the 1st day of August, the 1st day of November, the 1st day of February or the 1st day of May;
the expression "retirement" when used in relation to a teach means the date on which his approved teaching service ceases, and cognate words when so used shall be construed accordingly.
	4 Computation of Period of Approved Teaching Service.	4. In computing for the purposes of this Scheme the number of years of approved teaching service of any person, a year's teaching service (as defined by the Incremental Salary Rules) given by such person which is also approved teaching service, shall be computed as a year of approved teaching service.
	5 Persons to whom this Scheme applies.	5. Subject to the provisions of this Scheme, this Scheme applies to the following persons, namely:—
(a) a person (in this Scheme referred to as a retired recognised teacher) who was a recognised teacher at any time between the 1st day of January, 1927, and the 1st day of January, 1929, and who retired before the appointed day.
(b) a person (in this Scheme referred to as an existing recognised teacher) who is a recognised teacher on the appointed day.
(c) a person (in this Scheme referred to as an existing Civil Servant to whom this Scheme applies) who while a registered secondary teacher and before the appointed day was appointed to a certified pensionable post in the Civil Service and holds the same or a similar post in the Civil Service on the appointed day.
(d) a person (in this Scheme referred to as a future teacher to whom this Scheme applies) who is not a recognised teacher on the appointed day, but who is on the appointed day a registered secondary teacher or subsequently becomes a registered secondary teacher.
	6 Persons Qualified for Membership of Scheme.	6. The following persons only shall be qualified for membership (in this Scheme referred to as membership) of this Scheme, that is to say:
(1) A person who complies with all the following conditions, namely—
(a) is a retired recognised teacher;
(b) either was aged not less than sixty years at the date of his retirement, or if under that age at such date, retired owing to infirmity of mind or body which, in the opinion of the Minister and the Minister for Finance, rendered him incapable of discharging his duties as a teacher, and which, in the opinion of the said Ministers, is likely to be permanent;
(c) had approved teaching service of a length not less than two-thirds of the excess of his age at the date of his retirement over twenty-five years, and
(d) had approved teaching service for seven of the ten years immediately preceding the date of his retirement;
(2) A person who complies with both the following conditions, namely—
(a) is an existing Civil Servant to whom this Scheme applies, and
(b) prior to his retirement had at least seven years' approved teaching service;
(3) A person who complies with all the following conditions, namely—
(a) is an existing recognised teacher;
(b) either
(i) is not over thirty years of age on the appointed day, or
(ii) if over thirty years of age but not over fifty years of age on the appointed day, has approved teaching service of not less than two-thirds of the excess of his then age over twenty-five years, or
(iii) if over fifty years of age on the appointed day has approved teaching service at that date of not less than two-thirds of the excess of his age over twenty-five years, and the period of such teaching service includes not less than seven of the ten years immediately preceding the appointed day;
(c) if not over thirty years of age on the appointed day provides proof of his health and physical fitness and submits to such medical examination at his own expense as the Minister for Finance may direct;
(4) A person who is a future teacher to whom this Scheme applies and who at the date of his application for admission to membership complies with all the following conditions, namely—
(a) is aged twenty-one years or upwards;
(b) is a registered secondary teacher whose teaching service is approved teaching service;
(c) either
(i) is not more than thirty years of age, or
(ii) if over the age of thirty years, but not over the age of fifty years, has approved teaching service of not less than two-thirds of the excess of his age over twenty-five years, or
(iii) if over the age of fifty years has approved teaching service of not less than two-thirds of the excess of his age over twenty-five years, and in the case of a person who is over the age of fifty years on the appointed day the period of such teaching service includes not less than seven of the ten years immediately preceding the appointed day;
(d) in the case of a person not over thirty years of age or a person over that age who has not at least one year's approved teaching service before the appointed day, provides proof of his health and physical fitness, and submits to such medical examination at his own expense as the Minister for Finance may direct.
	7 Applications for First Admission to Membership.	7. (1) A retired recognised teacher or an existing recognised teacher or an existing Civil Servant to whom this Scheme applies, who is qualified for membership and who desires to be admitted to membership, must apply for admission thereto on or before the 30th day of April, 1930, ]but the Minister may, with the consent of the Minister for Finance, extend in any particular case the time limit imposed by this sub-paragraph if satisfied that the delay in making application was due to any reason which he deems satisfactory.]
(2) A future teacher to whom this Scheme applies, who is qualified for membership and who desires to be admitted to membership, shall apply for admission thereto within fifteen months after the date on which he desires that his contributing service should begin.
(3) Every application for admission to membership shall be in such form and contain such information as the Minister and the Minister for Finance may prescribe.
	8 Members and ex-Members of Scheme.	8. (1) A person qualified for membership who applies for admission in accordance with the foregoing paragraph shall be admitted to membership and be deemed to have become a member of this Scheme in the case of a retired...