In short
This law allows for a special compensation payment to be made to the person who was the Clerk of Seanad Eireann before it was abolished in 1936. This compensation is for their removal from public service due to the passing of the Constitution (Amendment No. 24) Act, 1936.
What it regulates
- The granting of a special compensation allowance to a specific individual.
- The calculation method for this special compensation, including potential additions to service years.
- The effective date of payment and how it interacts with other compensation or pensions.
- The application of existing Superannuation Acts to this special allowance.
Who it concerns
- The person who held the office of Clerk of Seanad Eireann immediately before the passing of the Constitution (Amendment No. 24) Act, 1936.
- The Minister for Finance, who has the authority to grant the allowance and sanction expenses.
Key points
- The "Seanad Eireann" referred to is the former House of the Oireachtas of Saorstát Eireann before the 1936 Act.
- The Minister for Finance may add up to ten years to the person's service for calculation purposes if deemed fit.
- The special compensation allowance is payable from the date the person was removed from public service.
- If any other compensation or pension from Oireachtas funds is granted, the special compensation allowance will be reduced by that amount.
📄 Legal text
Clerk of Seanad Eireann (Compensation) Act, 1939
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1939
Clerk of Seanad Eireann (Compensation) Act, 1939
Clerk of Seanad Eireann (Compensation) Act, 1939
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Number 16 of 1939.
CLERK OF SEANAD EIREANN (COMPENSATION) ACT, 1939.
ARRANGEMENT OF SECTIONS
Section
1.
Power to grant special compensation to Clerk of former Seanad.
2.
Application of the Superannuation Acts, 1834 to 1936.
3.
Expenses.
4.
Short title.
Act Referred to
Constitution (Amendment No. 24) Act, 1936
No. 18 of 1936
Number 16 of 1939.
CLERK OF SEANAD EIREANN (COMPENSATION) ACT, 1939.
AN ACT TO AUTHORISE THE GRANT OF A SPECIAL COMPENSATION ALLOWANCE TO THE PERSON WHO HELD THE OFFICE OF CLERK OF SEANAD EIREANN IMMEDIATELY BEFORE THE PASSING OF THE CONSTITUTION (AMENDMENT No. 24) ACT, 1936. [14th July, 1939.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
Power to grant special compensation to Clerk of former Seanad.
1.—(1) In this section the expression “Seanad Eireann” means the House which was, under that name, one of the Houses of the Oireachtas of Saorstát Eireann prior to the passing of the Constitution (Amendment No. 24) Act, 1936 (No. 18 of 1936).
(2) The Minister for Finance may grant a special compensation allowance to the person who held the office of Clerk of Seanad Eireann immediately before the passing of the Constitution (Amendment No. 24) Act, 1936 (No. 18 of 1936), and was subsequently removed from the public service by the Executive Council of Saorstát Eireann in consequence of the passing of that Act.
(3) A special compensation allowance granted under this section shall be calculated in accordance with section 1 of the Superannuation Act, 1909, save that, for the purpose of determining the service which may be reckoned for the purpose of calculating such allowance, an addition of years (not exceeding ten) shall, if the Minister for Finance so thinks fit and so directs, be added to the service of the person to whom such allowance is granted.
(4) A special compensation allowance granted under this Act to a person shall be payable as from the date on which he was removed from the public service and shall be in substitution for any compensation or retiring allowance awarded to such person prior to the passing of this Act.
(5) In the event of any other compensation allowance or pension payable out of moneys provided by the Oireachtas being granted to a person to whom a special compensation allowance has been granted under this Act, such special compensation allowance shall be reduced by the amount of the said other compensation allowance or pension as from the effective date of commencement of payment of that other compensation allowance or pension.
Application of the Superannuation Acts, 1834 to 1936.
2.—Subject to the provisions of this Act, the Superannuation Acts, 1834 to 1936, shall apply to a special compensation allowance under this Act in like manner as those Acts apply to awards of compensation allowance or superannuation allowance made thereunder.
Expenses.
3.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Short title.
4.—This Act may be cited as the Clerk of Seanad Eireann (Compensation) Act, 1939.
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.