National Health Insurance Act , 1933

1 Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “the Acts” means the National Health Insurance Acts, 1911 to 1929;

the expression “the Act of 1911” means the National Insurance Act, 1911;

the expression “approved society” includes a branch of an approved society, but does not include the Military Forces (International Arrangements) Insurance Fund;

the expression “health insurance business” means business of the kind which at the date of the passing of this Act is carried on by approved societies under the Acts;

the expression “prescribed” means prescribed by regulations made under section 65 of the Act of 1911 as extended by this Act;

the expression “the appointed day” means the day appointed by the Minister under this Act to be the appointed day for the purposes of this Act.

2 The appointed day.

2.—The Minister may by order appoint a day, not more than three years after the date of the passing of this Act, to be the appointed day for the purposes of this Act.

3 Establishment of Cumann an Arachais Náisiúnta ar Shláinte.

3.—(1) On the passing of this Act there shall be established a society (in this Act referred to as the Unified Society) which shall be known and styled as Cumann an Arachais Náisiúnta ar Shláinte.

(2) The objects of the Unified Society shall be to transact health insurance business and to do all things required by the Acts, so far as the same apply in respect of the Unified Society, by this Act and by the Minister for the purpose of transacting such business.

(3) The Unified Society shall not transact any business other than health insurance business.

(4) The Unified Society shall consist of insured persons who are transferred by this Act from approved societies to the Unified Society and insured persons who are admitted to membership of the Unified Society under the rules of the Unified Society.

(5) The Unified Society may sue and be sued in the names of the trustees of the Unified Society.

4 Committee of management of the Unified Society.

4.—(1) There shall be a committee of management of the Unified Society and the said committee shall be constituted and appointed in accordance with the provisions of this section.

(2) The committee of management of the Unified Society shall, subject to the rules of the Unified Society, superintend and conduct the business of the Unified Society.

(3) Until the appointed day the following provisions shall have effect in relation to the committee of management of the Unified Society, that is to say:—

(a) the said committee shall consist of three members appointed by the Minister and the Minister shall nominate one of such members to be chairman of such Committee;

(b) the Minister may remove from office any member of the committee;

(c) every member of the committee shall, unless he sooner dies or resigns, or is removed from office by the Minister, hold office as such member until the appointed day;

(d) in the event of a vacancy (in this sub-section referred to as a casual vacancy) occurring in the membership of the committee by reason of the death, resignation or removal from office of a member thereof, the Minister shall, as soon as conveniently may be, appoint a person to fill such vacancy;

(e) a person appointed to fill a casual vacancy in the membership of the committee shall, unless he sooner dies, resigns, or is removed from office by the Minister, hold office as such member until the appointed day;

(f) there shall be paid by the Unified Society to every member of the committee such remuneration as the Minister shall determine;

(g) references in this Act to the provisional committee shall be construed as referring to the committee of management of the Unified Society as constituted and appointed under this sub-section.

(4) On and after the appointed day the following provisions shall have effect in relation to the committee of management of the Unified Society, that is to say:—

(a) the said committee shall consist of fifteen members, namely:—

(i) the three trustees for the time being of the Unified Society,

(ii) nine persons (in this section referred to as members' representatives) representative of members of the Unified Society, and

(iii) three persons (in this section referred to as employers' representatives) representative of employers of insured persons;

(b) the following provisions shall have effect in relation to the members' representatives, that is to say:—

(i) such representatives shall be elected in the prescribed manner by the members of the Unified Society,

(ii) the rules of the Unified Society shall provide for the terms of office and removal from office of members' representatives and the method of filling casual vacancies amongst members' representatives;

(c) the following provisions shall have effect in relation to the employers' representatives, that is to say:—

(i) such representatives shall be appointed by the Minister,

(ii) every employers' representative shall, unless he sooner dies or resigns or is removed from office by the Minister, hold office for the prescribed period, but shall be eligible for reappointment,

(iii) the Minister may remove from office any employers' representative,

(iv) in the event of a vacancy (in this sub-section referred to as a casual vacancy) occurring amongst the employers' representatives, the Minister shall, as soon as may be, appoint a person to fill such vacancy,

(v) a person appointed under the immediately preceding paragraph to fill a casual vacancy in the membership of the committee of management shall, unless he sooner dies, resigns or is removed from office by the Minister, hold office as a member of the committee of management of the Unified Society for the residue of the term of office for which the member whose death, resignation or removal from office occasioned the vacancy would have held office if he had not died, resigned, or been removed from office;

(d) there shall be paid by the Unified Society to every member of the committee of management of the Unified Society such allowances as the Minister shall determine.

5 Trustees of the Unified Society.

5.—(1) There shall be three trustees of the Unified Society to fulfil the functions imposed on the trustees by the rules of the Unified Society.

(2) Until the appointed day the trustees of the Unified Society shall be the persons who are the provisional committee.

(3) On and after the appointed day the following provisions shall have effect in relation to the trustees of the Unified Society, that is to say:—

(a) the said trustees shall be appointed by the Minister;

(b) each trustee shall, unless he sooner dies, resigns, or is removed from office by the Minister, hold office for the prescribed period, but shall be eligible for reappointment;

(c) the Minister may remove a trustee from office.

6 Powers of trustees of Unified Society in relation to land.

6.—(1) The trustees of the Unified Society may do the following things, that is to say:—

(a) sell or lease any land held by them on behalf of the Unified Society;

(b) purchase or take on lease on behalf of the Unified Society land.

(2) The powers conferred on the trustees of the Unified Society by this section shall not be exercised except with the consent of the Minister.

7 Secretary and treasurer of the Unified Society.

7.—(1) There shall be a secretary and a treasurer of the Unified Society each of whom shall be a full-time officer.

(2) The treasurer of the Unified Society shall also be the assistant secretary of the Unified Society.

(3) The committee of management of the Unified Society shall, subject to the approval of the Minister, appoint the secretary and the treasurer.

(4) There shall be paid to the secretary and treasurer by the Unified Society such remuneration as the committee of management of the Unified Society with the sanction of the Minister shall appoint.

(5) Neither the secretary nor the treasurer shall be removed from office by the committee of management of the Unified Society without the consent of the Minister.

8 Prohibition of members of committee of management, etc., engaging in other insurance business.

8.—A member of the committee of management of the Unified Society or an officer or employee of the Unified Society shall not, while he is such member, officer, or employee, be a member of the committee of management or board of directors of any society or company transacting insurance business or be employed as an officer, agent or employee of any such society or company.

9 Application of certain provisions of the Acts to the Unified Society.

9.—(1) References to approved societies in any provisions (other than excepted provisions) of the Acts shall, subject to the necessary modifications (if any), be construed as references to the Unified Society as if the Unified Society were and always had been an approved society.

(2) The several provisions of the enactments mentioned in the second column of the Schedule to this Act set out in the third column of the said Schedule opposite the mention of each such enactment shall be excepted provisions for the purposes of this section.

10 Duties of provisional committee.

10.—It shall be the duty of the provisional committee to do the following things, that is to say:—

(a) to do all such things as may be necessary for transferring to the Unified Society before the appointed day the engagements of approved societies;

(b) to take such steps as may be necessary for the election before the appointed day of the first members' representatives on the committee of management of the Unified Society;

(c) to make, subject to the provisions of the Acts, so far as the same relate to the Unified Society, and this Act, with the approval of the Minister, rules for the administration of the affairs of the Unified Society;

(d) to examine and report to the Minister before the appointed day as to the possibility of establishing a suitable superannuation scheme for officers and employees of the Unified Society having regard to the moneys available for the purpose under the financial provisions of the Acts;

(e) to fulfil such other functions as are assigned to the provisional committee by this Act.

11 Admission to membership of Unified Society.

11.—(1) Subject to the provisions of this section, the Unified Society shall not be entitled to reject an applicant for membership who is an insured person or a person entitled to become an insured person.

(2) Nothing in this section shall be construed as preventing the Unified Society from refusing to admit to membership on account of the state of his health any insured person who is either—

(a) a person entitled to benefits out of the Military Forces (International Arrangements) Insurance Fund; or

(b) a person who having served in the Navy, Army or Air Force of Great Britain and not having been a member of an approved society in Great Britain or Northern Ireland while so serving, becomes resident in Saorstát Eireann within six months after his discharge from such Navy, Army or Air Force and applies to become a member of the Unified Society within twelve months after the date of his said discharge.

(3) Any dispute between the Unified Society and a person who claims to become a member of the Unified Society shall be decided in like manner as if it were a dispute between the Unified Society and an insured person who is a member thereof.

12 Prohibition of approval of societies and of approved societies admitting new members.

12.—(1) No society shall after the passing of this Act be approved by the Minister under section 23 of the Act of 1911.

(2) After the 31st day of December, 1933, no person shall be admitted to membership of an approved society.

13 Restriction on increase of remuneration etc., of officers etc., of approved societies.

13.—(1) It shall not be lawful for any approved society without the consent of the Minister to pay to any person, who, on the 5th day of April, 1933, was rendering service to such society in any capacity (whether as officer, member of the committee of management, employee or otherwise), remuneration in respect of any period subsequent to the passing of this Act at a rate greater than the rate of remuneration of such person on the 5th day of April, 1933.

(2) It shall not be lawful for any approved society without the consent of the Minister to pay to any person, who, after the 5th day of April, 1933, and before the passing of this Act, was appointed to render service to such society in any capacity (whether as an officer, member of committee of management, employee or otherwise), remuneration in respect of any period subsequent to the passing of this Act at a rate greater than the rate of remuneration of a person employed by such society in a similar capacity on the 5th day of April, 1933.

(3) It shall not be lawful for any approved society without the consent of the Minister to fix or alter the remuneration of any person appointed after the passing of this Act to render service to such society in any capacity (whether as officer, member of the committee of management, employee or otherwise).

14 Day of transfer.

14.—(1) The provisional committee shall, with the approval of the Minister, fix in respect of every approved society (other than the St. James's Gate Health Insurance Society and the Dublin United Tramways and Omnibus Employees' Health Insurance Society) a day, earlier than the appointed day, to be the day of transfer for the purposes of this Act and different days may be so fixed in respect of different such approved societies.

(2) For the purposes of this Act—

(a) the day of transfer in respect of every approved society (other than the St. James's Gate Health Insurance Society and the Dublin United Tramways and Omnibus Employees' Health Insurance Society) shall be the day fixed under the immediately preceding sub-section to be the day of transfer in respect of such society; and

(b) the day of transfer in respect of the St. James's Gate Health Insurance Society and the Dublin United Tramways and Omnibus Employees' Health Insurance Society shall be the 1st day of January, 1934.

15 Transfer of engagements of approved societies, etc.

15.—On the day of transfer in respect of every approved society—

(a) the engagements of such approved society under the Acts shall be transferred to the Unified Society; and

(b) such approved society shall cease to carry on health insurance business; and

(c) the insured members of such approved society shall be transferred to and become members of the Unified Society; and

(d) the services of all persons engaged in the administration of health insurance business carried on by such society shall be terminated.

16 Continuance of rights to additional benefits of transferred members.

16.—Members of an approved society whose engagements under the Acts are transferred to the Unified Society shall as regards additional benefits have the same rights (if any) as they had immediately before such transfer against such approved society.

17 Transfer of property of approved societies to the Unified Society.

17.—(1) On the day of transfer in respect of each approved society, the beneficial interest in all property, whether real or personal (including choses-in-action) which is immediately before such date vested in such society in its own name in relation to health insurance business or held by the trustees of such society for such society in relation to health insurance business shall, without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company become vested in the Unified Society.

(2) Where any property vested in the Unified Society by virtue of this section is land, such land shall on the day on which it is so vested, be deemed without any conveyance or assignment to have been conveyed or assigned to the persons who are for the time being trustees of the Unified Society, their heirs, executors, administrators and assigns (according to the nature and tenure of such land) as joint tenants.

(3) All moneys, stocks, shares and securities vested in the Unified Society by this section which at the date on which they are so vested are standing in the books of any bank, company or corporation in the name of an approved society or the trustees of such society shall, upon the request of the trustees of the Unified Society be transferred into the names of such last mentioned trustees.

(4) From and after the day of transfer in respect of each approved society, every bond, obligation, security or other chose-in-action made with or to such approved society and the benefit of which is by this section vested in the Unified Society may be sued upon by the trustees of the Unified Society in their own names and it shall not be necessary for the said trustees to give notice to the person bound by such bond, obligation, security or chose-in-action of the vesting effected by this section.

18 Transfer of liabilities of approved societies.

18.—Every debt and other liability of an approved society which was incurred in relation to health insurance business and is owing and unpaid immediately before the date which is the date of transfer in respect of such society shall on that date become and be the debt and liability of the Unified Society and shall be paid or discharged by and may be recovered from or enforced against the Unified Society accordingly.

19 Winding up of affairs of approved societies.

19.—Whenever the engagements of a particular approved society are by virtue of this Act transferred to the Unified Society, the committee of management of the Unified Society shall do all such things as may be necessary for winding up the affairs of such approved society, so far as the same relate to health insurance business.

20 Assistance by former officers and committees of management of transferred approved societies.

20.—(1) Every person who, immediately before the date of transfer in respect of any approved society, was an officer or a member of the committee of management of such society shall do all such things as he may be reasonably required by the Minister or the provisional committee for the purpose of giving effect to the transfer of engagements of such society to the Unified Society, the transfer of the property of such society to the Unified Society and generally for enabling the provisional committee to perform the functions imposed on them by this Act in relation to such approved society.