Legalize / Ireland / Act

Superannuation Act , 1936

Type Act

Publication 1936-08-14

State In force

Source Irish Statute Book

Reform history JSON API

1 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.

2 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;

(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.

3 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;

(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.

4 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.

5 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.

6 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.

7 Amendment of Section 2 of the Superannuation and Pensions Act, 1923.

7.—The following provisions shall have effect in respect of sub-section (1) of section 2 of the Superannuation and Pensions Act, 1923, (No. 34 of 1923), and in relation to certificates given or purporting to be given by the Minister thereunder, that is to say:—

(a) the said sub-section shall be and is hereby amended as from the passing of the said Act by the deletion of the words “within six months after the passing of this Act” where those words secondly occur in the said sub-section;

(b) in the said sub-section the expression “the civil service of Saorstát Eireann” shall include and be deemed always to have included the civil service of the Provisional Government;

(c) no certificate given or purporting to be given by the Minister under the said sub-section shall be or ever have been invalid merely because the person to whom such certificate relates is thereby stated to have been reinstated in the civil service of Saorstát Eireann on a date prior to the passing of the said Act;

(d) where it is stated in a certificate given or purporting to be given by the Minister under the said sub-section, that the person to whom such certificate relates was reinstated in the civil service of Saorstát Eireann on a date which was prior to the establishment of Saorstát Eireann, such statement shall be construed and have effect, and be deemed always to have had effect as relating to the reinstatement of such person in the civil service of the Provisional Government;

(e) every person in respect of whom a certificate was given or purported to be given by the Minister under the said sub-section shall be deemed to have been reinstated in the civil service of Saorstát Eireann, or (where the circumstances so require) in the civil service of the Provisional Government, on the date on which he is stated in such certificate to have been reinstated in the civil service of Saorstát Eireann;

(f) the period referred to in the said sub-section as the period of service which a person is otherwise qualified to reckon under the Superannuation Acts shall include and be deemed always to have included the period of such person's service within the meaning of the said Acts in any British civil service and also the period of his service within the meaning aforesaid in the civil service of Saorstát Eireann and, (where the circumstances so require) the period of his service within the meaning aforesaid in the civil service of the Provisional Government and those several periods and the period between the date of such person's resignation or dismissal mentioned in the said sub-section and the date of his reinstatement similarly mentioned shall be reckoned as one continuous period of service.

8 Reckoning of established service in certain cases of interrupted service.

8.—(1) If the Minister, within two years after the passing of this Act—

(b) by such certificate directs that this section shall apply to the determination for the purposes of the Superannuation Acts of the period of service of such person in the civil service of Saorstát Eireann,

then and in such case, whenever the period of service of such person in the civil service of Saorstát Eireann is being determined for the purposes of the said Acts, sub-section (3) of this section shall apply and have effect in relation to such determination.

(2) Such certificate as is mentioned in the first sub-section of this section may be given in respect of a person notwithstanding that such person, before the giving of such certificate and either before or after the passing of this Act, has retired on the ground of age or ill-health from the civil service of Saorstát Eireann or has died while in that civil service and, where such certificate is so given in respect of a person who has so retired or died, the following provisions shall have effect, that is to say:—

(a) if the period of service of such person in the civil service of Saorstát Eireann has been determined for the purposes of the Superannuation Acts before the giving of such certificate, it shall be re-determined in consequence of such certificate, and

(b) sub-section (3) of this section shall apply and have effect in relation to the determination or re-determination of the said period of service for the purposes of the said Acts, and

(c) such superannuation allowance, gratuity, or other benefit under the Superannuation Acts as is appropriate to such person's service, as determined or re-determined for the purposes of the said Acts in consequence of such certificate, may be granted under the said Acts to or in respect of such person as from his said retirement or death (as the case may be), and

(d) if any superannuation allowance, gratuity, or other benefit has been granted (whether before or after the passing of this Act) under the Superannuation Acts to or in respect of such person before the giving of such certificate, the said superannuation allowance, gratuity, or other benefit so granted may be adjusted or varied, as from the said retirement or death (as the case may be) of such person, in such manner as may be appropriate to the said re-determination of the service of such person in consequence of such certificate.

(3) Whenever the period of service in the civil service of Saorstát Eireann of a person in respect of whom a certificate has been given by the Minister under this section is being determined or re-determined for the purposes of the Superannuation Acts, the following periods shall be reckoned as one continuous period of established service in the civil service of Saorstát Eireann, that is to say:—

(a) the period (if any) of such person's employment in an established position in a civil service to which re-instatement under this Act applies, and

(b) so much as the Minister shall in the said certificate direct of the period from the date of the cesser of employment mentioned in the said certificate to the date of the appointment (similarly mentioned) to an established position in the civil service of Saorstát Eireann, and

(4) It shall not be lawful by virtue of this section to reckon for the purposes of the Superannuation Acts any service rendered by a person in any civil service before he attained the age of sixteen years.

9 Reckoning of unestablished service in certain cases of interrupted service.

9.—(1) If the Minister, within two years after the passing of this Act—

(a) certifies in writing under his hand that a particular person ceased to be employed in an unestablished position in a civil service to which re-instatement under this Act applies and so ceased solely for political reasons and was subsequently appointed to an unestablished position in the civil service of Saorstát Eireann, and

(b) sub-section (3) of this section shall apply and have effect in relation to the determination or re-determination of the said period of service for the purposes of the said Acts, and

(c) such gratuity under the Superannuation Acts as is appropriate to such person's service, as determined or re-determined for the purposes of the said Acts in consequence of such certificate, may be granted under the said Acts to or in respect of such person, and

(d) if any gratuity has been granted (whether before or after the passing of this Act) under the Superannuation Acts to or in respect of such person before the giving of such certificate, the said gratuity so granted may be adjusted or varied in such manner as may be appropriate to the said re-determination of the service of such person in consequence of such certificate.

(3) Whenever the period of service in the civil service of Saorstát Eireann of a person in respect of whom a certificate has been given by the Minister under this section is being determined or re-determined for the purposes of the Superannuation Acts, the following periods shall be reckoned as one continuous period of unestablished service in the civil service of Saorstát Eireann, that is to say:—

(a) the period (if any) of such person's employment in a civil service to which re-instatement under this Act applies, and

(b) so much as the Minister shall in the said certificate direct of the period from the date of the cesser of employment mentioned in the said certificate to the date of the appointment (similarly mentioned) to an unestablished position in the civil service of Saorstát Eireann, and

10 Reckoning of established service in certain cases of ill-health.

10.—(1) If the Minister, within two years after the passing of this Act—

(a) certifies in writing under his hand that a particular person ceased to be employed in an established position in a civil service to which re-instatement under this Act applies and so ceased solely for political reasons and was subsequently appointed to an unestablished position in the civil service of Saorstát Eireann, and that the said appointment of such person to a position in the said civil service was made to an unestablished position solely because, by reason of such person's ill-health, he could not lawfully be appointed to an established position in the said civil service, and

(b) sub-section (3) of this section shall apply and have effect in relation to the determination or re-determination of the said period of service for the purposes of the said Acts, and

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