Secondary Teachers' Superannuation (Amendment) Scheme, 1954.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Scheme may be cited as the Secondary Teachers' Superannuation (Amendment) Scheme, 1954, and the Secondary Teachers' Superannuation Schemes, 1929 to 1952, and this Scheme may be cited together as the Secondary Teachers' Superannuation Schemes, 1929 to 1954.
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paragraphs: This Scheme shall come into force immediately upon its being confirmed by each House of the Oireachtas.
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paragraphs: The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.
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paragraphs: —(1) In this Scheme—
" the Amending Scheme of 1935 " means the Secondary Teachers' Superannuation (Amendment) Scheme, 1935 ( S. R. & O. No. 48 of 1935 ) ;
" the Amending Scheme of 1951 " means the Secondary Teachers' Superannuation (Amendment Scheme), 1951 ( S.I. No. 48 of 1951 ) ;
" the Principal Scheme " means the Secondary Teachers' Superannuation Scheme, 1929 ( S. R. & O. No. 19 of 1929 ), as amended by subsequent Schemes.
(2) The Principal Scheme and this Scheme shall be construed together as one Scheme.
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paragraphs: —(1) Subject to subparagraph (5) of this paragraph, a special lump sum (in this Scheme referred to as an ex-gratia grant) may be paid to or in respect of any person to whom a pension under the Principal Scheme was in course of payment on the 1st day of January, 1950.
(2) The amount of an ex-gratia grant payable to a person under this paragraph shall be calculated as follows :—
(a) (i) one-thirtieth of his pensionable salary multiplied by a number equal to the number of his completed years of contributing service between the 1stday of January, 1935, and the 31st day of December, 1949, and
(ii) in the case of a person who, in the period between 1st day of January, 1905, and the 31st day of December, 1949, had contributing and non-contributing service or non-contributing service only, one hundredth of his pensionable salary multiplied by a number equal to the number of his completed years of such service in that period diminished by the number of years reckoned under subclause (i) of this clause ;
(b) pensionable salary shall be reckoned in accordance with the provisions governing the pension in course of payment on the 1st day of January, 1950 ;
(c) increases under the Pensions Increase Act, 1950 (No. 3 of 1950), shall not be taken into account ;
(d) the total number of years of service to be included in the calculation shall not exceed forty-five.
(3) A contribution of one per cent. of pensionable salary multiplied by the number of years reckoned under subclause (i) of clause (a) of subparagraph (2) of this paragraph shall be payable to the pension fund and such sum shall be deducted from the ex-gratia grant payable.
(4) A pension which was suspended on the 1st day of January, 1950, shall be deemed for the purposes of this paragraph to have been in course of payment on that date.
(5) Where a person to whom a pension was in course of payment on the 1st day of January, 1950, re-enters approved teaching service after that date, no payment of an ex-gratia grant shall be made to him after such re-entry.
(6) A person to whom a pension was in course of payment on the 1st day of January, 1950, who re-enters approved teaching service after that date shall, on re-admission to membership, pay a contribution of five per cent. per annum of his standard salary in respect of his approved teaching service from the date of such re-admission and the additional contributions in respect of all his contributing service prior to the 1st day of August, 1950, and thereupon such person shall be deemed to be a person to whom Part II of the Amending Scheme of 1951 applies.
(7) In the case of a person to whom an ex-gratia grant or part thereof has been paid and who re-enters membership—
(a) a retirement gratuity or a death gratuity payable subsequent to such re-entry shall be reduced by the amount of the ex-gratia grant paid, and
(b) clause (b) of subparagraph (3) of paragraph 19 of the Amending Scheme of 1951 shall have effect as if the references therein to a retirement gratuity included references to an ex-gratia grant.
(8) An ex-gratia grant shall be reduced by the amount of a payment made under subparagraph (3) of paragraph 7 of the Amending Scheme of 1935.
(9)—(a) An ex-gratia grant shall be paid in such manner as the Minister with the consent of the Minister for Finance may direct.
(b) In the event of the death (whether before or after the confirmation of this Scheme) of a person eligible for an ex-gratia grant, payment of the unpaid amount, if any, may be made to his legal personal representative.
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paragraphs: —(1) Where a person is eligible to receive a retirement gratuity under the Principal Scheme or an ex-gratia grant and his service for the calculation of pension is affected by the provisions of paragraph 8 of the Secondary Teachers' Superannuation (Amendment) Scheme, 1942 ( S. R. & O. No. 141 of 1942 ), his service for the calculation of the gratuity or the ex-gratia grant shall be affected in like manner and to a like extent.
(2) Where an amount paid to a person under paragraph 23 of the Amending Scheme of 1951 is less than the ex-gratia grant that would be paid to him if he were eligible for such grant under paragraph 5 of this Scheme, a payment equal to the difference between the said amount and the ex-gratia grant may be made to such person or, if such person has died, to his legal personal representative.
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paragraphs: —(1) The pensionable salary of a teacher to whom Rule 3 of the Schedule to the Principal Scheme applies and who, after the 12th day of March, 1952, retires or dies while serving shall, for the purposes of the said Rule 3, be the sum of—
(a) the annual rate of his standard salary on the last day of his contributing service, less any special increment, and
(b) the average annual amount of any special increment for the three years ending—
(i) if the last day of his contributing service is the last day of a quarter, on that date,
(ii) in any other case, on the last day of the quarter immediately preceding the last day of his contributing service.
(2) This paragraph shall not apply to a person—
(a) whose contributing service ends before the end of the school year in which he reaches the age of sixty-five years unless it ends on his death or unless he is eligible to receive a pension under subclause (ii) of clause (b) of subparagraph (1) of paragraph 18 of the Principal Scheme or a disablement gratuity or a marriage gratuity, or
(b) whose contributing service is less than three years or who, having retired with a pension or gratuity, re-enterscontributing service after the 12th day of March, 1952, but does not complete a further three years' contributing service,