Superannuation Act, 1942

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SUPERANNUATION ACT, 1942.

ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

Reckoning of service in a British civil service of established Civil Servants.

Section 3

Established service of certain technical assistants in the Ordnance Survey.

Section 4

Adjustment or variation of pension, etc., and redetermination of service in certain cases.

Section 5

Superannuation allowances of persons serving in the Meteorological service.

Section 6

Amendment of section 8 of the Act of 1936.

Section 7

Contributions towards superannuation liability.

Section 8

Determination of disputed matters by the Minister.

Section 9

Expenses.

Section 10

Short title and citation.

Acts Referred to Superannuation and Pensions Act, 1923 No. 34 of 1923 Superannuation Act, 1936 No. 39 of 1936 Number 24 of 1942.

SUPERANNUATION ACT, 1942.

AN ACT TO AMEND AND EXTEND THE SUPERANNUATION ACTS, 1834 TO 1936. [9th December, 1942.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Interpretation.

1.—(1) In this Act— the expression “the Minister” means the Minister for Finance; the expression “the Act of 1923” means the Superannuation and Pensions Act, 1923 (No. 34 of 1923); the expression “the Act of 1936” means the Superannuation Act, 1936 (No. 39 of 1936).

Reckoning of service in a British civil service of established Civil Servants.

2.—(1) In the case of a person serving at the date of the passing of this Act in an established position in the Civil Service, in respect of whom a certificate was issued under sub-section (1) of section 2 of the Act of 1923, or under section 9 or section 12 of the Act of 1936, and who received a pension or gratuity on ceasing to be employed in a British civil service, the service in respect of which such pension or gratuity was granted shall be reckoned for the purposes of the Superannuation Acts to the extent to which it would have been reckoned if no pension or gratuity had been awarded in respect of it.

Established service of certain technical assistants in the Ordnance Survey.

3.—(1) Where— (a) a certificate was issued under sub-section (1) of section 2 of the Act of 1923 in respect of a person who is serving, at the date of the passing of this Act, in an unestablished position as a technical assistant in the Ordnance Survey, and (b) such person was before the 1st day of April, 1922, employed as an unestablished civil assistant in the Ordnance Survey and received a gratuity on ceasing to be so employed, and (c) the period commencing on the date on which such person was so employed as an unestablished civil assistant and ending on the date immediately before the date of the passing of this Act is fifteen years or more, the following provisions shall, for the purposes of the Superannuation Acts, have effect, that is to say:— (i) such person shall be deemed, as on and from the expiration of fifteen years from the commencement of such period, to have been appointed to an established position in the Civil Service, and (ii) for the purposes of the Superannuation Acts, the service of such person may be reckoned as established service as from a date seven and a half years prior to the date of such expiration.

Adjustment or variation of pension, etc., and redetermination of service in certain cases.

4.—(1) Where by virtue of section 2 or section 3 of this Act a pension or other award is granted under the Superannuation Acts to any person who received a pension or gratuity on ceasing to be employed in a British civil service, the grant shall be made subject to such adjustment or refund or deduction as the Minister thinks fit in respect of the pension or gratuity received on so ceasing to be employed.

Superannuation allowances of persons serving in the Meteorological service.

5.—Where a person was serving at Valentia Observatory in an established position in the British Meteorological service at the date on which that Observatory was transferred to the Government of Saorstát Éireann, and was subsequently transferred directly to a post in the Civil Service, the service of such person in a British civil service may, for the purposes of the Superannuation Acts, be deemed to be service in the Civil Service, and any superannuation allowance, gratuity or other benefit granted to him under the Superannuation Acts may be computed accordingly, subject to such adjustment or variation (if any) as may be appropriate in the circumstances.

Amendment of section 8 of the Act of 1936.

6.—In the case of any person who— (a) fulfilled the conditions necessary for the issue of a certificate by the Minister under paragraph (a) of sub-section (1) of section 8 of the Act of 1936, but in respect of whom no certificate was issued under the said section, and (b) retired on the grounds of age after the passing of the Act of 1936 but before the passing of this Act, and (c) was granted extra-statutorily a superannuation award equal to that for which he would have been eligible if such certificate had been issued, a certificate under the said section 8 shall be deemed to have been duly issued in respect of him.

Contributions towards superannuation liability.

7.—(1) Where a claim or payment is required by statute or otherwise to be made in respect of the expenses of services rendered by a State authority, such expenses shall be deemed to include such charges, in respect of superannuation allowances, gratuities or other benefits under the Superannuation Acts to or in respect of persons employed wholly or partly in rendering those services, as the Minister shall determine to be proper.

Determination of disputed matters by the Minister.

8.—Every doubt, question, or dispute arising under this Act shall be decided by the Minister, whose decision thereon shall be final and conclusive.

Expenses.

9.—All expenses incurred in carrying this Act into execution shall be paid out of moneys provided by the Oireachtas.

Short title and citation.

10.—(1) This Act may be cited as the Superannuation Act, 1942.

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