Superannuation Act, 1956

• Jurisdiction: Ireland
• Citation: IR No. 38/1956
• Year: 1956

Number 38 of 1956.
SUPERANNUATION ACT, 1956.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Appointment of appointed day. 3. Surrender of part of annual superannuation allowance. 4. Value of pension under this Act. 5. Duration of pension under this Act. 6. Varying rate of pension in certain cases. 7. Substitution of annuity for pension. 8. Payment where grantee has not attained age of twenty-one years. 9. Restrictions as respects amount surrendered. 10. Effect of surrender on allowance under section 20 of Superannuation Act, 1834. 11. Effect of surrender on gratuity under section 2(2) of Superannuation Act, 1909. 12. Payments and expenses of Minister and sums received in respect of medical examinations. 13. Short title and collective citation.
Act Referred to Adoption Act, 1952 No. 25 of 1952
Number 38 of 1956.
SUPERANNUATION ACT, 1956.
AN ACT TO AMEND AND EXTEND THE SUPERANNUATION ACTS, 1834 TO 1954. [27th November, 1956.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	Definitions.	1.—(1) In this Act—
	“the appointed day” means the day appointed under section 2 of this Act;
	“dependant” means, in relation to a person, a member of the family of such person who, at the time when such person notifies the Minister of his wish to make a surrender under this Act, is wholly or in part dependent on the earnings of such person;
	“member of the family” means father, mother, step-father, step-mother, son, daughter, grandson, grand-daughter, step-son, step-daughter, brother, sister, half-brother, half-sister, uncle, aunt, nephew, niece, son-in-law or daughter-in-law;
	“the Minister” means the Minister for Finance;
	“established civil servant” means a civil servant whose service is in a capacity in respect of which a superannuation allowance may be granted.
	(2) For the purposes of the definition of “member of the family” contained in subsection (1) of this section, a person adopted under the Adoption Act, 1952 (No. 25 of 1952), shall be considered as the son or daughter of the adopter or adopters born to him, her or them in lawful wedlock and not to be the son or daughter of any other person.
	Appointment of appointed day.	2.—The Minister may by order appoint a day to be the appointed day for the purposes of this Act.
	Surrender of part of annual superannuation allowance.	3.—(1) A male established civil servant retiring on or after the appointed day otherwise than on the ground of ill-health may, with respect to any annual superannuation allowance, compensation allowance or retiring allowance that may be granted to him by the Minister, surrender part of that allowance as from its commencement in return for the grant by the Minister under this Act of a pension to the wife or one dependant of the civil servant specified by him.
	(2) A female established civil servant retiring on or after the appointed day otherwise than on the ground of ill-health may, with respect to any annual superannuation allowance, compensation allowance or retiring allowance that may be granted to her by the Minister, surrender part of that allowance as from its commencement in return for the grant by the Minister under this Act of a pension to one dependant of the civil servant specified by her.
	(3) The foregoing provisions of this section shall have effect subject to the subsequent provisions of this Act and the provisions of regulations made by the Minister.
	(4) The regulations under subsection (3) of this section may, in particular, make provision with respect to all or any of the following matters:
	(a) notification by a person of the person's wish to make a surrender under this Act may be lodged not later than a specified time before the date of retirement,
	(b) a person shall not be entitled to make a surrender under this Act unless the Minister decides that the person is of sound health,
	(c) requirement by the Minister of production by a person wishing to make a surrender under this Act of any proofs which the Minister may consider necessary (including, in particular, production of a statutory declaration that the proposed grantee (not being the wife of the person) is, in relation to the person, a dependant),
	(d) a surrender shall remain valid, unless duly cancelled or amended, notwithstanding that as the result of a subsequent alteration of the amount, or estimated amount, of the superannuation allowance, compensation allowance or retiring allowance, the amount of allowance to be surrendered is not within the limits provided for in this Act,
	(e) notice of a surrender shall become null and void if, on a day on which the person wishing to make a surrender under this Act is an established civil servant, either that person or the proposed grantee of the pension under this Act dies,
	(f) where a person is required to undergo medical examination under the regulations, the person shall be responsible for payment of the fee for the examination.
	(5) Where—
	(a) a person has made a surrender under this Act,
	(b) a pension under this Act has been granted in relation to the surrender to a grantee other than the wife of the person, and
	(c) the person has submitted to the Minister, pursuant to regulations under this section, a statutory declaration that the grantee is, in relation to the person, a dependant,
	if the Minister ascertains at any time after the grant of the pension that the grantee was, in relation to the person, not a dependant, the surrender and pension shall be deemed valid, but the grantee of the pension, in case...