Official sourcesirishstatutebook.ie · EUR-Lex
Europaius
Ireland
ČeštinaDeutschFrançaisEspañolPolskiItalianoNederlandsÖsterreichBelgiquePortuguêsSvenskaDanskSuomiSlovenčinaMagyarEestiLietuviųLatviešuSlovenščinaHrvatskiΚύπροςMaltiRomânăΕλληνικάLuxembourgБългарски
Ireland

Superannuation Act, 1942

In short

This law amends and expands existing Superannuation Acts from 1834 to 1936, primarily dealing with how past service, especially in British civil service, is counted for superannuation benefits for civil servants in Ireland.

What it regulates

  • How service in a British civil service is reckoned for established Civil Servants.
  • The established service of certain technical assistants in the Ordnance Survey.
  • The adjustment or variation of pensions and redetermination of service in specific cases.
  • Superannuation allowances for persons who served in the Meteorological service.

Who it concerns

  • Established Civil Servants who previously served in a British civil service.
  • Technical assistants in the Ordnance Survey.
  • Persons who served in the British Meteorological service at Valentia Observatory and were transferred to the Civil Service.

Key points

  • Service in a British civil service, even if a pension or gratuity was received, can be reckoned for Superannuation Acts purposes as if no such award was made.
  • For certain technical assistants in the Ordnance Survey, a period of 15 years or more of service can lead to being deemed appointed to an established position, with service reckoned as established from seven and a half years prior to that 15-year mark.
  • Any pension or award granted under this Act to someone who received a British civil service pension or gratuity will be subject to adjustment, refund, or deduction.
  • The Minister for Finance decides all doubts, questions, or disputes arising under this Act, and their decision is final.
Legal text
Legal text

Superannuation Act, 1942 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1942 Superannuation Act, 1942 Superannuation Act, 1942 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 24 of 1942. SUPERANNUATION ACT, 1942. ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Reckoning of service in a British civil service of established Civil Servants. 3. Established service of certain technical assistants in the Ordnance Survey. 4. Adjustment or variation of pension, etc., and redetermination of service in certain cases. 5. Superannuation allowances of persons serving in the Meteorological service. 6. Amendment of section 8 of the Act of 1936. 7. Contributions towards superannuation liability. 8. Determination of disputed matters by the Minister. 9. Expenses. 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).
(2)Every, expression used in this Act to which a meaning is assigned by the Act of 1936 for the purposes of the Act of 1936 has in this Act the meaning so assigned to it. 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.
(2)Where a person to whom sub-section
(1)of this section would apply if he were serving in the Civil Service at the date of the passing of this Act, retired from the Civil Service before the date of the passing of this Act, and was, at the date of his retirement, serving in an established position in the Civil Service, any superannuation allowance granted to him on retirement may be adjusted or varied as from the date of his retirement as if the foregoing sub-section had applied to him at that date. 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 (
  1. 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 (
  2. 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:— (
  3. 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 (
  4. 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.
(2)Where— (a) a certificate was issued under sub-section
(1)of section 2 of the Act of 1923, in respect of a person who was serving in an unestablished position as a technical assistant in the Ordnance Survey, but who retired from that position before the date of the passing of this Act, and (
  1. 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 (
  2. c)the period commencing on the date on which such person was so employed as a civil assistant and ending on the date immediately before the date on which such person retired from his position as an unestablished technical assistant in the Ordnance Survey was fifteen years or more, the following provisions shall, for the purposes of the Superannuation Acts have effect, that is to say:— (
  3. i)such person, if alive at the date of the passing of this Act, 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 (
  4. 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.
(3)The provisions of sub-section
(2)of this section shall apply to a person to whom they would apply if he had rendered continuous service in the Ordnance Survey from the date on which a certificate in respect of him was issued under sub-section
(1)of section 2 of the Act of 1923 to the date of his retirement, and any periods during which he served in the Ordnance Survey from the date of the said certificate to the date of his retirement may be reckoned as one continuous period of service for the purposes of the Superannuation Acts. 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.
(2)Where the service of a person has been determined for the purposes of the Superannuation Acts under any statutory provision or otherwise, his service may be re-determined for the said purposes having regard to the provisions of section 2 or section 3 of this Act, and, if any superannuation allowance, gratuity or other benefit is or has been granted to him under the Superannuation Acts, it may be adjusted or varied accordingly with effect from the date of his retirement. 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 (
  1. b)retired on the grounds of age after the passing of the Act of 1936 but before the passing of this Act, and (
  2. 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.
(2)Each of the following shall be a State authority for the purposes of this section:— (
  1. a)a Minister of State, (
  2. b)the Local Appointments Commissioners, (
  3. c)any body determined by the Minister to be a State authority for the purposes of this section. 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.
(2)The Superannuation Acts, 1834 to 1936, and this Act may be cited together as the Superannuation Acts, 1834 to 1942. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.