In short
This law amends the Civil Service (Transferred Officers) Compensation Act, 1929, to clarify and restrict claims for compensation by certain civil servants. It specifies that certain changes in employment conditions and superannuation awards do not qualify for compensation.
What it regulates
- The operation of Section 14 of the Principal Act regarding changes in employment conditions.
- Claims for compensation related to awards made under the Superannuation Acts.
- The impact of specific regulations and orders on compensation claims.
- The definition of certain terms used in the Act.
Who it concerns
- "Transferred officers" as defined in the Principal Act.
- Civil Servants whose conditions of employment were affected by specific regulations and orders.
Key points
- Changes in employment conditions due to the Order of 1940, bonus Regulations, Regulations of 1947, or increased working hours between May 26, 1941, and October 12, 1946, are not considered detrimental changes for compensation purposes.
- No compensation claims can be made for superannuation awards affected by the bonus Regulations, adjustments under the Emergency Powers (No. 354) Order, 1945, or the Superannuation Act, 1947.
- No compensation claims can be made for superannuation awards based on remuneration not less than that provided for by the Regulations of 1947.
- No compensation claims based on the operation of the Order of 1940 can be made for superannuation awards.
đ Legal text
Civil Service (Transferred Officers) Compensation (Amendment) Act, 1947
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1947
Civil Service (Transferred Officers) Compensation (Amendment) Act, 1947
Civil Service (Transferred Officers) Compensation (Amendment) Act, 1947
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Number 30 of 1947.
CIVIL SERVICE (TRANSFERRED OFFICERS) COMPENSATION (AMENDMENT) ACT, 1947.
ARRANGEMENT OF SECTIONS
Section
1.
Definitions.
2.
Restriction on operation of section 14 of the Principal Act.
3.
Restrictions on claims for compensation in respect of awards under the Superannuation Acts.
4.
Application of this Act to section 14 of the Principal Act.
5.
Short title and collective citation.
Acts Referred to
Civil Service (Transferred Officers) Compensation Act, 1929
No. 36 of 1929
Number 30 of 1947.
CIVIL SERVICE (TRANSFERRED OFFICERS) COMPENSATION (AMENDMENT) ACT, 1947.
AN ACT TO AMEND THE
CIVIL SERVICE (TRANSFERRED OFFICERS) COMPENSATION ACT, 1929
. [26th November, 1947.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:â
Definitions.
1.âIn this Actâ
the expression âthe bonus Regulationsâ means the Civil Service (Stabilisation of Bonus) Regulations, 1940 to 1945;
the expression âthe Order of 1940â means the Emergency Powers (No. 30) Order, 1940 (S. R. & O., No. 176 of 1940);
the expression âthe Principal Actâ means the
Civil Service (Transferred Officers) Compensation Act, 1929
(No. 36 of 1929);
the expression âthe Regulations of 1947â means the Civil Service (Remuneration) Regulations, 1947 (
S. R. & O., No. 182 of 1947
);
the expression âthe Superannuation Actsâ means the Superannuation Acts, 1834 to 1947;
the expression âtransferred officerâ has the same meaning as in the Principal Act.
Restriction on operation of section 14 of the Principal Act.
2.âFor the purposes of the Principal Act, any change in the conditions of employment of Civil Servants effected by any one or more of the following, namelyâ
(a) the operation of the Order of 1940,
(b) the operation of the bonus Regulations,
(c) the operation of the Regulations of 1947,
(d) the increase, during the period which commenced on the 26th day of May, 1941, and ended on the 12th day of October, 1946, of the working hours of Civil Servants, shall not be or ever have beenâ
(i) a change whereby the position of a transferred officer was materially altered to his detriment within the meaning of subsection (2) of section 14 of the Principal Act, or
(ii) a change whereby the position of a transferred officer in a particular grade or situation was materially altered to his detriment within the meaning of subsection (3) of the said section 14.
Restrictions on claims for compensation. in respect of awards under the Superannuation Acts.
3.â(1) No claim for compensation under the Principal Act shall lie in respect of any award made, under the Superannuation Acts, to or in respect of a transferred officer the amount whereof was affected byâ
(a) the operation of the bonus Regulations, or
(b) any adjustment of the award effected pursuant to the Emergency Powers (No. 354) Order, 1945 (S. R. & O., No. 29 of 1945), or the Superannuation Act, 1947.
(2) No claim for compensation under the Principal Act shall lie in respect of any award made, under the Superannuation Acts, to or in respect of a transferred officer and based on remuneration not less than that provided for and applying under the Regulations of 1947.
(3) No claim, based on the operation of the Order of 1940, for compensation under the Principal Act shall lie in respect of any award, made under the Superannuation Acts, to or in respect of a transferred officer.
Application of this Act to section 14 of the Principal Act.
4.âThis Act shall not be construed as effecting, in the conditions of employment of a transferred officer, any such change as is mentioned in section 14 of the Principal Act.
Short title and collective citation.
5.â(1) This Act may be cited as the Civil Service (Transferred Officers) Compensation (Amendment) Act, 1947.
(2) The Civil Service (Transferred Officers) Compensation Acts, 1929 and 1930, and this Act may be cited together as the Civil Service (Transferred Officers) Compensation Acts, 1929 to 1947.
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