SUPERANNUATION ACT, 1947

AN ACT TO AMEND AND EXTEND CERTAIN ENACTMENTS RELATING TO SUPERANNUATION. [26th November, 1947.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the bonus Regulations” means the Civil Service (Stabilisation of Bonus) Regulations, 1940 to 1945;

the expression “index number” means the official cost-of-living index number;

the expression “the 1940-46 period” means the period which commenced on the 1st day of July, 1940, and ended on the 31st day of October, 1946;

the expression “the Superannuation Acts” means the Superannuation Acts, 1834 to 1946.

2 Adjustment of awards under the Superannuation Acts to or in respect of certain civil servants who retired during the 1940-46 period, and consequential amendment of section 20 of the Superannuation Act, 1834.

2.—(1) This section applies to a person—

• (a) who retired from the Civil Service during the 1940-46 period, and

• (b) whose remuneration immediately before his retirement was subject to the bonus Regulations, and

• (c) who is not—

• (i) a person to whom section 3 of the Superannuation Act, 1946 (No. 17 of 1946), applies, or

• (ii) a person to whom any allowance, additional allowance or gratuity has been granted by reference to remuneration not less than the remuneration of which he would have been in receipt immediately before his retirement if the bonus Regulations had not been made, or

• (iii) a person to whom any allowance, additional allowance or gratuity has been granted by reference to remuneration not less than the remuneration of which he would have been in receipt immediately before his retirement if his remuneration had then been calculated by reference to an index number of 270.

• (2) Where an allowance granted, under the Superannuation Acts or under a Warrant made under section 1 of the Superannuation Act, 1887, to a person to whom this section applies was in course of payment on the 1st day of November, 1946, such allowance may be so altered as to authorise the payment thereof in respect of any period commencing on or after the 1st day of November, 1946, as if immediately before his retirement that person was in receipt of remuneration equal to the lesser of the following—

• (a) the remuneration of which he would have been in receipt immediately before his retirement if the bonus Regulations had not been made,

• (b) remuneration calculated by reference to an index number of 270.

• (3) Every grant under the Superannuation Acts of an additional allowance or gratuity to or in respect of a person to whom this section applies may be so altered as to authorise the payment of the grant which would have been made if immediately before his retirement that person was in receipt of remuneration equal to the lesser of the amounts mentioned in paragraphs (a) and (b) of subsection (2) of this section.

• (4) In making payment under this section credit shall be taken for the payments already made.

• (5) The Emergency Powers (No. 354) Order, 1945 (S. R. & O., No. 29 of 1945), shall cease to apply in the case of allowances altered under this section.

• (6) In the application of section 20 of the Superannuation Act, 1834, to a person to whom this section applies, the profits of his former office shall, as on and from the 1st day of November, 1946, be deemed to be the remuneration by reference to which an allowance granted to him under the Superannuation Acts is to be altered in accordance with subsection (2) of this section.

3 Adjustment of pensions under section 4 of the Court Officers Act, 1945, of county registrars who retired during the 1940-46 period, and consequential amendment of subsection (2) of the said section 4.

3.—(1) This section applies to a person who retired from the office of county registrar during the 1940-46 period.

• (2) Where a pension granted, under section 4 of the Court Officers Act, 1945 (No. 25 of 1945), to a person to whom this section applies was in course of payment on the 1st day of November, 1946, such pension may be so altered as to authorise the payment thereof in respect of any period commencing on or after the 1st day of November, 1946, as if immediately before his retirement that person was in receipt of remuneration calculated by reference to an index number of 270.

• (3) In making payment under this section credit shall be taken for the payments already made.

• (4) In the application of subsection (2) of section 4 of the Court Officers Act, 1945, to a person to whom this section applies, the remuneration by reference to which his pension under the said section 4 was computed shall, as on and from the 1st day of November, 1946, be deemed to be the remuneration by reference to which his said pension is to be altered in accordance with subsection (2) of this section.

4 Adjustment of awards under the Superannuation Acts in respect of certain civil servants who died during the 1940-46 period.

4.—(1) This section applies to a person-—

• (a) who died, while employed in the Civil Service, during the 1940-46 period, and

• (b) whose remuneration immediately before his death was subject to the bonus Regulations, and

• (c) who is not—

• (i) a person in respect of whom any allowance or gratuity has been granted by reference to remuneration not less than the remuneration of which he would have been in receipt immediately before his death if the bonus Regulations had not been made, or

• (ii) a person in respect of whom an allowance or gratuity has been granted by reference to remuneration not less than the remuneration of which he would have been in receipt immediately before his death if his remuneration had then been calculated by reference to an index number of 270.

• (2) Where an allowance granted, under a Warrant made under section 1 of the Superannuation Act, 1887, in respect of a person to whom this section applies was in course of payment on the 1st day of November, 1946, such allowance may be so altered as to authorise the payment thereof in respect of any period commencing on or after the 1st day of November, 1946 as if immediately before his death that person was in receipt of remuneration equal to the lesser of the following—

• (a) the remuneration of which he would have been in receipt immediately before his death if the bonus Regulations had not been made,

• (b) remuneration calculated by reference to an index number of 270.

• (3) Every grant under the Superannuation Acts of a gratuity in respect of a person to whom this section applies may be so altered as to authorise the payment of the grant which would have been made if immediately before his death that person was in receipt of remuneration equal to the lesser of the amounts mentioned in paragraphs (a) and (b) of subsection (2) of this section.

• (4) In making payment under this section credit shall be taken for the payments already made.

5 Provisions in relation to awards under Superannuation Acts to or in respect of certain persons to whom the Civil Service (Remuneration) Regulations, 1947, apply.

5.—Where—

• (a) an award granted, under the Superannuation Acts, to or in respect of a person whose remuneration immediately before his retirement or death was subject to the Civil Service (Remuneration) Regulations, 1947 (S. R. & O., No. 182 of 1947), falls to be determined by reference to the average amount of his salary in accordance with section 12 of the Superannuation Act, 1834, or that section as extended by section 4 of the Superannuation Act, 1909, and

• (b) his remuneration during the period ending on the 31st day of October, 1946, is less than it would have been if it had been calculated by reference to an index number of 270,

then, for the purposes of such award, he shall be deemed to have been paid during that period remuneration calculated by reference to the said index number of 270.

6 Short title and collective citation.

6.—(1) This Act may be cited as the Superannuation Act, 1947.

• (2) The Superannuation Acts and this Act (except section 3) may be cited together as the Superannuation Acts, 1834 to 1947.