No. 34/1923:

SUPERANNUATION AND PENSIONS ACT, 1923

ARRANGEMENT OF SECTIONS

1 Position of persons transferred from a public department of Dáil Eireann.

2 Re-instatement of persons dismissed from the Civil Service for political reasons.

3 Re-instatement of members of the Dublin Metropolitan Police dismissed for political reasons.

4 Grant of Pensions &c to members of Criminal Investigation Department &c.

5 Grant of pensions &c, to members of the Royal Irish Constabulary, who resigned or were dismissed on account of their national sympathies.

6 Amendment of Pensions (Increase) Act, 1920, in regard to teachers pensions.

7 Funds of the Congested Districts Board may be declared a public fund.

8 Power to declare the Revenue of Great Britain or of Northern Ireland to be a public fund.

9 Decision of Minister for Finance to be final.

10 Short Title.

AN ACT TO MAKE PROVISION FOR THE SUPERANNUATION OF, AND PAYMENT OF PENSIONS, ALLOWANCES, AND GRATUITIES TO OR IN RESPECT OF, CERTAIN PERSONS IN THE SERVICE OF SAORSTAT EIREANN, AND TO AUTHORISE THE PAYMENT OF PENSIONS, ALLOWANCES, AND GRATUITIES TO CERTAIN FORMER MEMBERS OF THE ROYAL IRISH CONSTABULARY AND TO AMEND AND EXTEND THE LAW RELATING TO SUPERANNUATION AND THE PAYMENT OF PENSIONS IN SAORSTAT EIREANN.

[8th August, 1923.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:—

1.—(1) If the Minister for Finance within six months after the passing of this Act certifies in writing under his hand that any person held, before the 11th day of July, 1921, an office in the Civil Service established under the authority of Dáil Eireann, and having served continuously in that Civil Service, was transferred directly from an office in that Civil Service to an office in the Civil Service of the late Provisional Government or of the existing Government of Saorstát Eireann, such person shall, for the purposes of the Superannuation Acts, be deemed to have been appointed to an office in and to have served in the permanent Civil Service of Saorstát Eireann as on and. from the date of his appointment to an office in the Civil Service established under the authority of Dáil Eireann notwithstanding that he was not appointed and his salary or remuneration was not provided in the manner prescribed by Section 17 of the Superannuation Act 1859.

(2) Any certificate granted by the Minister for Finance under the foregoing sub-section may direct that when the person to whom such certificate relates shall die or retire from the public service, such number of years (to be specified in such certificate) as, having regard to the age, length of service and other relevant circumstances of such person, the Minister for Finance shall think proper, but not exceeding in any event five years, shall in computing the amount of superannuation allowance or other allowance or gratuity which may be granted to such person or to his legal personal representatives under the Superannuation Acts, be added to the number of years during which he may actually have served: Provided Always that no person shall by virtue of a certificate under this section become entitled to any greater allowance or gratuity than the maximum allowance or gratuity for the time being prescribed by law.

(3) Every certificate granted by the Minister for Finance under this section shall state the date on which the person to whom such certificate relates was appointed to an office in the Civil Service established under the authority of Dáil Eireann.

(4) Whenever it is necessary under Section 12 or Section 28 of the Superannuation Act, 1834, to calculate the average salary or emoluments of a person in respect of whom a certificate is given under this section, and the period over which such average should be calculated under those sections would include portion of the time during which such person was serving in the Civil Service established under the authority of Dáil Eireann, such average shall be calculated over a period commencing on the date on which such person was transferred to the Civil Service of Saorstát Eireann in lieu of the period prescribed by these sections.

(5) In this section the expression "the Civil Service established under the authority of Dáil Eireann" means the Civil Service which was first established under the authority of the Dáil Eireann constituted to be the Government of Saorstát Eireann by the members who were elected for constituencies in Ireland and who first assembled in a Parliament held in the Mansion House at, Dublin on the 21st day of January, 1919, and which was subsequently maintained under the authority of that Dáil Eireann and of its successor the Dáil Eireann similarly constituted by members similarly elected who first assembled in a Parliament held at the Mansion House aforesaid on the 16th day of August, 1921.

2.—(1) If the Minister for Finance, within six months after the passing of this Act, certifies in writing under his hand that any person resigned or was dismissed from the Civil Service of the late United Kingdom of Great Britain and Ireland before the 11th day of July, 1921, and has within six months after the passing of this Act been reinstated in the Civil Service of Saorstát Eireann, and has been so reinstated on the ground that he so resigned or was dismissed as aforesaid solely for political reasons, the Minister for Finance may by such Certificate direct that when ever the period of service of such person is being computed for the purposes of the Superannuation Acts, the period between the date on which such person so resigned or was dismissed from the Civil Service of the United Kingdom aforesaid, and the date on which he was reinstated as aforesaid, shall be added to the period of service which he is otherwise qualified to reckon under those Acts.

(2) If the Minister for Finance, within six months after the passing of this Act, certifies in writing under his hand that any person resigned or was dismissed from the Civil Service of the late United Kingdom of Great Britain and Ireland before the 11th day of July, 1921, and would but for his ill-health have been reinstated in the Civil Service of Saorstát Eireann on the ground that he so resigned or was dismissed as aforesaid solely for political reasons, the Minister for Finance may by such certificate direct that such person shall be paid, with reflect from such date not being earlier than the 1st day of April, 1922, as may be fixed by such certificate, the superannuation allowance to which such person would have been entitled under the Superannuation Acts if he had retired on the ground of ill-health on the date on which he so resigned or was dismissed as aforesaid or on such later date (not being later than the 1st day of April, 1922) as, having regard to the state of his health during the period subsequent to, his resignation or dismissal, may be fixed by such certificate.

(3) Whenever it is necessary under Section 12 or Section 28 of the Superannuation Act, 1834, to calculate the average salary of a person in respect of whom a certificate is given under the first sub-section of this section, and the period over which such average should be calculated under those sections would include any time previous to the date on which such person was reinstated in the Civil Service of Saorstát Eireann, such average shall be calculated over a period commencing on the date of such reinstatement in lieu of the period prescribed by those sections.

3.—(1) If the Minister for Home Affairs shall within three months after the passing of this Act certify in writing under his hand that any member of the Dublin Metropolitan Police

( a ) resigned or was dismissed from the force before the 11th day of July, 1921, and

( b ) was reinstated in the force after the 6th day of December, 1921, and not later than three months after the passing of this Act, and

( c ) was so reinstated on the ground that he resigned or was dismissed as aforesaid solely for political reasons,

such member of the said police shall during the period between his said resignation or dismissal and his said reinstatement, be deemed to have been absent on leave without pay, and shall for the purpose of increment of pay and for the purpose of pension be entitled to add such period to such periods of service before such resignation or dismissal and after such reinstatement as he is otherwise entitled to reckon for those purposes.

(2) A member of the Dublin Metropolitan Police who resigned or was dismissed from that police before the 1st, day of September, 1918, and in respect of whom a certificate is given under this section shaft for the purposes of Article 19 (2) of the Dublin Metropolitan Police Pensions Order, 1922, be deemed to have been serving as a member of the Dublin Metropolitan Police on the 1st day of September, 1918.

(3) Save as in this section otherwise provided the provisions of the Dublin Metropolitan Police Pensions Order, 1922, shall apply to every member of the Dublin Metropolitan Police in respect of whom a certificate is given under this section in like manner as it would have applied to him had he been serving as a member of that police at the commencement of the said Order save that the period within which a member of the said police who became a member thereof before the 1st day of July, 1919, can give the notice prescribed by Article 19 of the said Order shall be the period of two months next after the date of such certificate Instead of the period prescribed in that Article.

(4) Whenever it is necessary for the purposes of pension to calculate the average pay of a member of the Dublin Metropolitan Police in respect of whom a certificate is given under this section, and the period over which such average should be calculated would include the time or portion of the time during which such person is by virtue of this section deemed to have been absent on leave without pay, such average shall be calculated over a period commencing at the expiration of the time during which he was so deemed to have been absent on leave without pay.

4.—(1) If the Minister for Home Affairs certifies in respect of any person who is or shall be suffering from any disablement due to a wound.

( a ) that such person was at the time he received such wound a member of an organisation to which this section applies;

( b ) that such person received such wound while performing his duty as such member and without serious negligence or misconduct on his part; and.

( c ) that such person was, previous to the date of such certificate, discharged from such organisation as being medically unfit for further service therein,

the Minister aforesaid may with the sanction of the Minister for Finance grant to such person the like wound pension or gratuity, and, if a married man, the like further pension as could be granted to such person under Sections 1 and 2 of the Army Pensions Act, 1923 (No. 26 of 1923), if he were an officer or a soldier (as the case may require) to whom a wound pension or gratuity or a further pension could be granted under those sections.

(2) If the Minister for Home Affairs certifies in respect of any person who has been or shall be killed or who has or shall have received a wound and has or shall have died within three years after receiving such wound and solely in consequence thereof

( a ) that such person was at the time he was killed or received such wound a member of an organisation to which this section applies; and.

( b ) that such person was killed or received such wound while performing his duty as such member and without serious negligence or misconduct on his part,.

the Minister aforesaid may with the sanction of the Minister for Finance, grant to the widow, children, dependants or partial dependants of such person the like allowances and gratuities as could be granted to such widow, children, dependants or partial dependants under Section 7 of the Army Pensions Act, 1923 , if such person were an officer or a soldier (as the case may require) to whose widow, children, dependants or partial dependants an allowance or gratuity could be granted under that section.

(3) Every pension granted under this section shall commence from the date on which the person to whom it is granted was or is discharged from the organisation of which he was or is a member, and every allowance granted under this section shall commence from the date of the death of the person in respect of whom such allowance is payable or from such later date as the Minister for Home Affairs shall in any particular case appoint.

(4) Sections 5 , 10 , 11 , 12 , 13 and 14 of the Army Pensions Act, 1923 , and all regulations made by the Minister for Defence under Section 6 of that Act shall apply to pensions, allowances and gratuities granted under this section in the like manner as those sections and regulations apply to pensions, allowances. and, gratuities granted under that Act save that the word "Minister" in the said Sections 5, 10 and 11 shall mean the Minister for Home Affairs, and the expression "Ministry of Defence" in the said Section 12 shall include the Ministry of Home Affairs.

(5) This section applies to those armed organisations specially raised, before the passing of this Act, by the Minister for Home Affairs for the maintenance of order or the protection of persons or property, under the respective designations of the Criminal, Investigation Department, the Citizens' Defence Force, and the Protective Force.

(6) For the purpose of determining the rate of any wound pension or further pension or the amount of any allowance or, gratuity to be granted under this section, the person to or in respect of whom the same is granted shall be deemed to have held the rank in the forces which shall be certified by the Minister for Home Affairs to correspond most closely to the rank held by such person in the organisation of which he was a member.

(7) All words and expressions used in this section which are also used in the Army Pensions Act, 1923 , have the same meanings in this section as they respectively have in that Act, save that the word "wound" when used in relation to a member of an organisation to which this section applies means any wound or injury received by such member in the course of his duty.

5.—(1) The Minister for Finance may from time to time by Order authorise the giant of pensions, allowances, or gratuities to persons who resigned or were dismissed from the Royal Irish Constabulary on or after the 1st day of April, 1916, and before the 6th day of December, 1921, and whose resignations or dismissals from that force are certified under the hands of the Ministers for Home Affairs and Finance to have been caused by their national sympathies, and may by any such order regulate and appoint the rates and scales of such pensions, allowances, or gratuities, and the conditions under which the same are to be payable, and may by any such Order prescribe the penalties for any fraudulent conduct in relation to an application for any such pension, allowance, or gratuity.

(2) No Order made under this section shall come into operation unless and until it has been laid before each House of the Oireachtas, and approved by resolution of Dáil Eireann, and when considering any such resolution Dáil Eireann shall duly consider any recommendation which shall have been previously made by Seanad Eireann in respect of such Order.

(3) No person shall be entitled to receive any pension, allowance or gratuity under this section unless money for the payment thereof shall have been voted by the Oireachtas.

6.—(1) For the purpose of calculating the amount of the increase of pension to which any pensioner to whom this section applies is entitled under the Pensions (Increase) Act, 1920, the increase made by the Irish Teachers' Pensions Rules, in the pension of such pensioner shall be deemed to have been made before and not after the 4th day of August, 1914.

(2) The pensioners to whom this section applies are pensioners who are at the date of the passing of this Act in receipt of a pension under the National School Teachers (Ireland) Act, 1879, and to whom Section 1 of the Pensions (Increase) Act, 1920, applies.

(3) Any increase of pension to which a pensioner becomes entitled by virtue of this section shall take effect and be payable as from the 1st day of April, 1922.

(4) No increase of pension shall be payable by virtue of this section in respect of any period during which the pensioner is not ordinarily resident in Saorstát Eireann.

(5) The Minister for Finance may, in addition to the matters mentioned in Section 4 of the Pensions (Increase) Act, 1920, make regulations under that section for determining for the purposes of Part II. of the Schedule of that Act the amount the increase of pensionable emoluments of any pensioner to whom this section applies.

7.—(1) The Minister for Finance may by order at any time after the passing of this Act determine the funds at the disposal of the Congested Districts Board to be a public fund for the purposes of the Superannuation Act, 1892.

(2) If an Act shall be passed during the present Session of the Oireachtas dissolving the Congested Districts Board, this section shall apply to the funds which are or at any time before the dissolution of the Congested Districts Board were at the disposal of that Board.

8.—(1) The Minister for Finance may, if arrangements for the purpose are made with the Government of Great Britain or the Government of Northern Ireland, by order determine the revenue of Great Britain or the revenue of Northern Ireland (as the case may be) to be a public fund for the purposes of the Superannuation Act, 1892.

(2) Rules made by the Minister for Finance under the Superannuation Act, 1892. and under Section 7 of the Superannuation Act, 1909, may, if and so far the arrangements referred to in the foregoing sub-section so require, vary the provisions of the Superannuation Act, 1892, as to the manner in which the amounts to be paid out of different funds and accounts are to be apportioned.

9.—The decision of the Minister for Finance on any question which may arise as to the application of any section of this Act to any person, or as to the amount of any allowance or gratuity under this Act, or as to the reckoning of any service for such allowance or gratuity shall be final.

10.—(1) This Act may be cited as the Superannuation and Pensions Act, 1923 , and Sections 1, 2, 8, 9, and 10 of this Act and the Superannuation Acts 1834 to 1919 may be cited together as the Superannuation Acts, 1834 to 1923.

(2) Sections 1, 2, 8, 9, and 10 of this Act shall be read as one with the Superannuation Acts, 1834 to 1919.