Superannuation Act, 1936

• Jurisdiction: Ireland
• Citation: IR No. 39/1936
• Year: 1936

Number 39 of 1936.
SUPERANNUATION ACT, 1936.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Civil services to which reinstatement under this Act applies. 3. British civil services. 4. Classification of service in the civil service of Dáil Eireann. 5. Commencement and cesser of employment in the civil service of Dáil Eireann. 6. Service in the civil service of the Provisional Government. 7. Amendment of Section 2 of the Superannuation and Pensions Act, 1923. 8. Reckoning of established service in certain cases of interrupted service. 9. Reckoning of unestablished service in certain cases of interrupted service. 10. Reckoning of established service in certain cases of ill-health. 11. Reckoning of established service in certain cases affected by an age limit. 12. Date of commencement of established service in certain special cases. 13. Date of commencement of established service in the case of certain examination entrants. 14. Reckoning of service of persons transferred from a British civil service. 15. Reckoning of service in certain special cases. 16. Reckoning of service under the Intermediate Education Commissioners in certain cases. 17. Increase of allowance under section 7 of the Superannuation Act, 1859. 18. Compensation to persons specified in the Schedule to this Act. 19. Reckoning of service under the late Congested Districts Board in certain cases. 20. Superannuation position of Quit Rent Office staff. 21. Reckoning of teaching service as established service in certain cases. 22. Superannuation position of persons appointed to situations by the Executive Council. 23. Reckoning of a period of absence from duty in the case of certain persons employed in the Post Office. 24. Application of the Superannuation Acts to certain services. 25. Reckoning of service with The Agricultural Credit Corporation, Limited, in certain cases. 26. Certificates under the Superannuation and Pensions Act, 1923. 27. Reckoning of average salary or emoluments in certain cases. 28. Power to grant added years in certain cases. 29. Prohibition of double reckoning of any period. 30. Contribution by the Post Office Savings Bank to superannuation liability. 31. Superannuation charges on the funds of the late Congested Districts Board. 32. Determination of disputed matters by the Minister. 33. Expenses. 34. Short title and citation.
SCHEDULE
Acts Referred to Civil Service (Transferred Officers) Compensation Act, 1929 No. 36 of 1929 Superannuation and Pensions Act, 1923 No. 34 of 1923
Number 39 of 1936.
SUPERANNUATION ACT, 1936.
AN ACT TO MAKE SPECIAL PROVISION IN RESPECT OF THE APPLICATION OF THE SUPERANNUATION ACTS, 1834 TO 1923, IN DIVERS CASES WHICH HAVE ARISEN IN THE COURSE OF THE ADMINISTRATION OF THOSE ACTS SINCE THE ESTABLISHMENT OF SAORSTÁT EIREANN, AND TO REMOVE CERTAIN ANOMALIES WHICH HAVE COME TO LIGHT IN THE COURSE OF SUCH ADMINISTRATION, AND FOR THOSE AND OTHER PURPOSES TO AMEND AND EXTEND THE SAID ACTS. [14th August, 1936.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
	Definitions.	1.—In this Act—
	the expression “the Minister” means the Minister for Finance;
	the expression “the Superannuation Acts” means the Superannuation Acts, 1834 to 1923 and this Act;
	the expression “the Provisional Government” means the government constituted in pursuance of Article 17 of the Treaty of 1921 to be a provisional government for the purposes mentioned in that Article;
	the expression “the civil service of Dáil Eireann” means the civil service established under the authority of the First Dáil Eireann and subsequently maintained under the authority of that Dáil Eireann and its successors;
	references to ceasing to be employed and to ceasing to serve include cesser by any means, whether voluntary or involuntary, and in particular include forfeiture of a post which would otherwise have been obtained, refusal or deferment of assignment, and suspension from duty without pay;
	the expression “established service” means service in a capacity in respect of which a superannuation allowance may be granted under the Superannuation Acts;
	the expression “established position” means a position in which established service is rendered;
	the expression “unestablished service” means service in a capacity in which whole-time service is required but in respect of which a superannuation allowance cannot be granted under the Superannuation Acts;
	the expression “unestablished position” means a position in which unestablished service is rendered.
	Civil services to which reinstatement under this Act applies.	2.—(1) For the purposes of this Act, every of the following services shall be a civil service to which re-instatement under this Act applies, that is to say:—
	(a) the civil service of Dáil Eireann;
	(b) the civil service of the late United Kingdom of Great Britain and Ireland;
	(c) the civil service of the United Kingdom of Great Britain and Northern Ireland;
	(d) the civil service of Northern Ireland;
	(e) the civil service of the Provisional Government;
	(f) the civil service of Saorstát Eireann.
	(2) In this Act the expression “civil service to which re-instatement under this Act applies” means a civil service which is, by virtue of the foregoing sub-section of this section, a civil service to which re-instatement under this Act applies.
	British civil services.	3.—(1) For the purposes of this Act, every of the following civil services shall be a British civil service, that is to say:—
	(a) the civil service of the late United Kingdom of Great Britain and Ireland;
	(b) the civil service of the United Kingdom of Great Britain and Northern Ireland;
	(c) the civil service of Northern Ireland.
	(2) In this Act the expression “British civil service” means a civil service which is, by virtue of the foregoing sub-section of this section, a British civil service.
	Classification of service in the civil service of Dáil Eireann.	4.—(1) For the purposes of this Act—
	(a) a person who was appointed to a position in the civil service of Dáil Eireann before the 11th day of July, 1921, shall be deemed to have been appointed to an established position in that civil service, and
	(b) a person who was first appointed to a position in the civil service of Dáil Eireann on or after the 11th day of July, 1921, shall be deemed to have been appointed to an unestablished position in that civil service.
	(2) Whenever the Minister is satisfied that a particular person, on or after the 11th day of July, 1921, accepted at the request of the Cabinet of the Second Dáil Eireann a consular or diplomatic post abroad in the civil service of Dáil Eireann and on the acceptance of such post sustained serious pecuniary loss by forced disposal of his business, the Minister may, if he so thinks fit and notwithstanding anything contained in the foregoing sub-section of this section, deem such person for the purposes of this Act to have held an established position in the civil service of Dáil Eireann.
	(3) The Minister, when giving a certificate under this Act in relation to a person who was employed in the civil service of Dáil Eireann, shall have regard to the provisions of the foregoing sub-sections of this section.
	Commencement and cesser of employment in the civil service of Dáil Eireann.	5.—(1) Whenever the Minister certifies in a certificate given by him under this Act that a person ceased to be employed in the civil service of Dáil Eireann or that a person, having been employed in the civil service of Dáil Eireann, ceased to be employed in another civil service to which re-instatement under this Act applies, the following provisions shall have effect, that is to say:—
	(a) the Minister shall, in such certificate, state the date on which the employment of such person in the civil service of Dáil Eireann is to be deemed to have begun for the purposes of such certificate and the purposes of the relevant section of this Act;
	(b) where such person was so employed for one continuous period only, the period of his said employment shall be reckoned for the purposes of this Act as beginning on the date so stated;
	(c) where such person was so employed for two or more discontinuous periods, the period of his said employment shall be reckoned for the purposes of this Act as beginning on the date so stated and continuing thenceforth without interruption to the end of the last of such discontinuous periods.
	(2) References in this Act to cesser of employment solely for political reasons shall, where the employment consisted of two or more discontinuous periods of employment in the civil service of Dáil Eireann, be construed as referring only to the cesser of the last of such periods of employment.
	Service in the civil service of the Provisional Government.	6.—(1) Service in the civil service of the Provisional Government shall be deemed for all the purposes of the Superannuation Acts to be service in the civil service of Saorstát Eireann and may be reckoned for the purposes of those Acts accordingly.
	(2) Any doubt, question, or dispute as to whether the service of any particular person in the civil service of the Provisional Government is to be reckoned under this section as established service or as unestablished service shall be determined by the Minister, whose determination thereof shall be final.
	Amendment of Section 2 of the Superannuation and Pensions Act, 1923.	7.—The following provisions shall have effect in respect of...