Superannuation and Pensions Act, 1923

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SUPERANNUATION AND PENSIONS ACT, 1923.

ARRANGEMENT OF SECTIONS Section

Section 1

Position of persons transferred from a public department of Dáil Eireann.

Section 2

Re-instatement of persons dismissed from the Civil Service for political reasons.

Section 3

Re-instatement of members of the Dublin Metropolitan Police dismissed for political reasons.

Section 4

Grant of Pensions &c. to members of Criminal Investigation Department &c.

Section 5

Grant of pensions, &c., to members of the Royal Irish Constabulary, who resigned or were dismissed on account of their national sympathies.

Section 6

Amendment of Pensions (Increase) Act, 1920, in regard to teachers pensions.

Section 7

Funds of the Congested Districts Board may be declared a public fund.

Section 8

Power to declare the Revenue of Great Britain or of Northern Ireland to be a public fund.

Section 9

Decision of Minister for Finance to be final.

Section 10

Short Title.

Act Referred to Army Pensions Act, 1923 No. 26 of 1923 Number 34.

SUPERANNUATION AND PENSIONS ACT, 1923.

AN ACT TO MAKE PROVISION FOR THE SUPERANNUATION OF, AND PAYMENT OF PENSIONS, ALLOWANCES, AND GRATUITIES TO OR IN RESPECT OF, CERTAIN PERSONS IN THE SERVICE OF SAORSTAT EIREANN, AND TO AUTHORISE THE PAYMENT OF PENSIONS, ALLOWANCES, AND GRATUITIES TO CERTAIN FORMER MEMBERS OF THE ROYAL IRISH CONSTABULARY AND TO AMEND AND EXTEND THE LAW RELATING TO SUPERANNUATION AND THE PAYMENT OF PENSIONS IN SAORSTAT EIREANN. [8th August, 1923.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:— Position of persons transferred from a public department of Dáil Eireann.

1.—(1) If the Minister for Finance within six months after the passing of this Act certifies in writing under his hand that any person held, before the 11th day of July, 1921, an office in the Civil Service established under the authority of Dáil Eireann, and having served continuously in that Civil Service, was transferred directly from an office in that Civil Service to an office in the Civil Service of the late Provisional Government or of the existing Government of Saorstát Eireann, such person shall, for the purposes of the Superannuation Acts, be deemed to have been appointed to an office in and to have served in the permanent Civil Service of Saorstát Eireann as on and from the date of his appointment to an office in the Civil Service established under the authority of Dáil Eireann notwithstanding that he was not appointed and his salary or remuneration was not provided in the manner prescribed by

Section 17

of the Superannuation Act, 1859 .

Section 12

or

Section 28

of the Superannuation Act, 1834 , to calculate the average salary or emoluments of a person in respect of whom a certificate is given under this section, and the period over which such average should be calculated under those sections would include portion of the time during which such person was serving in the Civil Service established under the authority of Dáil Eireann, such average shall be calculated over a period commencing on the date on which such person was transferred to the Civil Service of Saorstát Eireann in lieu of the period prescribed by those sections.

Re-instatement of persons dismissed from the Civil Service for political reasons.

2.—(1) If the Minister for Finance, within six months after the passing of this Act, certifies in writing under his hand that any person resigned or was dismissed from the Civil Service of the late United Kingdom of Great Britain and Ireland before the 11th day of July, 1921, and has within six months after the passing of this Act been reinstated in the Civil Service of Saorstát Eireann, and has been so reinstated on the ground that he so resigned or was dismissed as aforesaid solely for political reasons, the Minister for Finance may by such Certificate direct that whenever the period of service of such person is being computed for the purposes of the Superannuation Acts, the period between the date on which such person so resigned or was dismissed from the Civil Service of the United Kingdom aforesaid, and the date on which he was reinstated as aforesaid, shall be added to the period of service which he is otherwise qualified to reckon under those Acts.

Section 12

or

Section 28

of the Superannuation Act, 1834 , to calculate the average salary of a person in respect of whom a certificate is given under the first sub-section of this section, and the period over which such average should be calculated under those sections would include any time previous to the date on which such person was reinstated in the Civil Service of Saorstát Eireann, such average shall be calculated over a period commencing on the date of such reinstatement in lieu of the period prescribed by those sections.

Re-instatement of members of the Dublin Metropolitan Police dismissed for political reasons.

3.—(1) If the Minister for Home Affairs shall within three months after the passing of this Act certify in writing under his hand that any member of the Dublin Metropolitan Police (a) resigned or was dismissed from the force before the 11th day of July, 1921, and (b) was reinstated in the force after the 6th day of December, 1921, and not later than three months after the passing of this Act, and (c) was so reinstated on the ground that he resigned or was dismissed as aforesaid solely for political reasons, such member of the said police shall during the period between his said resignation or dismissal and his said reinstatement, be deemed to have been absent on leave without pay, and shall for the purpose of increment of pay and for the purpose of pension be entitled to add such period to such periods of service before such resignation or dismissal and after such reinstatement as he is otherwise entitled to reckon for those purposes.

Grant of Pensions &c. to members of Criminal Investigation Department &c.

4.—(1) If the Minister for Home Affairs certifies in respect of any person who is or shall be suffering from any disablement due to a wound (a) that such person was at the time he received such wound a member of an organisation to which this section applies; (b) that such person received such wound while performing his duty as such member and without serious negligence or misconduct on his part; and (c) that such person was, previous to the date of such certificate, discharged from such organisation as being medically unfit for further service therein, the Minister aforesaid may with the sanction of the Minister for Finance grant to such person the like wound pension or gratuity, and, if a married man, the like further pension as could be granted to such person under Sections 1 and 2 of the 3 (No. 26 of 1923), if he were an officer or a soldier (as the case may require) to whom a wound pension or gratuity or a further pension could be granted under those sections.

Section 7

of the Army Pensions Act, 1923 , if such person were an officer or a soldier (as the case may require) to whose widow, children, dependants or partial dependants an allowance or gratuity could be granted under that section.

Section 6

of that Act shall apply to pensions, allowances and gratuities granted under this section in the like manner as those sections and regulations apply to pensions, allowances, and gratuities granted under that Act save that the word “Minister” in the said Sections 5 , 10 and 11 shall mean the Minister for Home Affairs, and the expression “Ministry of Defence” in the said

Section 12

shall include the Ministry of Home Affairs.

Grant of pensions, &c., to members of the Royal Irish Constabulary, who resigned or were dismissed on account of their national sympathies.

5.—(1) The Minister for Finance may from time to time by Order authorise the grant of pensions, allowances, or gratuities to persons who resigned or were dismissed from the Royal Irish Constabulary on or after the 1st day of April, 1916, and before the 6th day of December, 1921, and whose resignations or dismissals from that force are certified under the hands of the Ministers for Home Affairs and Finance to have been caused by their national sympathies, and may by any such order regulate and appoint the rates and scales of such pensions, allowances, or gratuities, and the conditions under which the same are to be payable, and may by any such Order prescribe the penalties for any fraudulent conduct in relation to an application for any such pension, allowance, or gratuity.

Amendment of Pensions (Increase) Act, 1920, in regard to teachers pensions.

6.—(1) For the purpose of calculating the amount of the increase of pension to which any pensioner to whom this section applies is entitled under the Pensions (Increase) Act, 1920 , the increase made by the Irish Teachers' Pensions Rules, 1914, in the pension of such pensioner shall be deemed to have been made before and not after the 4th day of August, 1914.

Section 1

of the Pensions (Increase) Act, 1920 , applies.

Section 4

of the Pensions (Increase) Act, 1920 , make regulations under that section for determining for the purposes of Part II. of the Schedule of that Act the amount of the increase of pensionable emoluments of any pensioner to whom this section applies.

Funds of the Congested Districts Board may be declared a public fund.

7.—(1) The Minister for Finance may by order at any time after the passing of this Act determine the funds at the disposal of the Congested Districts Board to be a public fund for the purposes of the Superannuation Act, 1892 .

Power to declare the Revenue of Great Britain or of Northern Ireland to be a public fund.

8.—(1) The Minister for Finance may, if arrangements for the purpose are made with the Government of Great Britain or the Government of Northern Ireland, by order determine the revenue of Great Britain or the revenue of Northern Ireland (as the case may be) to be a public fund for the purposes of the Superannuation Act, 1892 .

Section 7

of the Superannuation Act, 1909 , may, if and so far as the arrangements referred to in the foregoing sub-section so require, vary the provisions of the Superannuation Act, 1892 , as to the manner in which the amounts to be paid out of different funds and accounts are to be apportioned.

Decision of Minister for Finance to be final.

9.—The decision of the Minister for Finance on any question which may arise as to the application of any section of this Act to any person, or as to the amount of any allowance or gratuity under this Act, or as to the reckoning of any service for such allowance or gratuity shall be final.

Short Title.

10.—(1) This Act may be cited as the Superannuation and Pensions Act, 1923, and Sections 1 , 2 , 8 , 9 , and 10 of this Act and the Superannuation Acts 1834 to 1919 may be cited together as the Superannuation Acts, 1834 to 1923.

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