No. 182/1947:

CIVIL SERVICE (REMUNERATION) REGULATIONS, 1947.

CIVIL SERVICE (REMUNERATION) REGULATIONS, 1947.

ARRANGEMENT OF ARTICLES.

PART I.

Preliminary and General.

Article.

1. Short title and commencement.

2. Application of Interpretation Act, 1937.

3. Definitions.

4. Saving for powers of Minister for Finance under Ministers and Secretaries Act, 1924.

5. Revocation of Regulations.

PART II.

Remuneration of Civil Servants whose remuneration was formerly calculated by reference to a cost of living index number.

6. Interpretation of Part II.

7. The revised maximum.

8. Cesser of existing manner of calculating remuneration of Part II officers.

9. Remuneration of Part II officers aged under 21 and whose hypothetical basic pay does not exceed the stated periodical amount.

10. Remuneration of Part II officers aged 21 years or upwards whose hypothetical basic pay does not exceed the stated periodical amount.

11. Increment progression of Part II officer to whom Regulation 9 or 10 applies.

12. Remuneration of Part II officer to whom Regulation 9 or 10 applied whose hypothetical basic pay exceeds the stated periodical amount.

Article.

13. Remuneration of Part II officers holding office on the operative date whose hypothetical basic pay exceeds the stated periodical amount.

14. Remuneration of Part II officers appointed after the operative date whose hypothetical basic pay exceeds the stated periodical amount.

15. Rounding up or down of remuneration of Part II officers.

PART III.

REMUNERATION OF CERTAIN OTHER CIVIL SERVANTS WHOSE REMUNERATION WAS AT INCLUSIVE RATES.

16. Definitions for purposes of Part III.

17. Cesser of existing manner of calculating remuneration of Part III officers.

18. Remuneration of Part III officers.

19. Rounding up or down of remuneration of Part III officers.

SCHEDULE.

Provisions in relation to increments of Part II officers to whom Regulations 12, 13 and 14 apply (i.e., Part II officers whose hypothetical basic pay exceeds the stated periodical amount).

TABLE.

Revised increments of Part II officers to whom Regulations 12, 13 and 14 apply.

STATUTORY RULES AND ORDERS.

1947. No. 182.

CIVIL SERVICE (REMUNERATION) REGULATIONS, 1947.

I, PROINNSIAS MAC AODHAGÁIN, Minister for Finance, in exercise of the powers conferred on me by subsection (1) of section 9 of the Civil Service Regulation Act, 1924 (No. 5 of 1924), hereby make the following regulations :—

PART I. PRELIMINARY AND GENERAL.

1. (1) These Regulations may be cited as the Civil Service (Remuneration) Regulations, 1947.

(2) These Regulations shall be deemed to have come into operation on, and shall have effect as on and from, the operative date.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. In these Regulations—

the expression " bonus on 175 " means bonus calculated by reference to a cost of living index number of 175 ;

the expression " bonus on 205 " means bonus calculated by reference to a cost of living index number of 205 ;

the expression " bonus on 210 " means bonus calculated by reference to a cost of living index number of 210 ;

the expression " bonus on 255 " means bonus calculated by reference to a cost of living index number of 255 ;

the expression " bonus on 270 " means bonus calculated by reference to a cost of living index number of 270 ;

the expression " emergency bonus " means the emergency bonus payable under the Civil Service (Stabilisation of Bonus) Regulations, 1940 to 1945;

the word " established " means serving in a pensionable capacity;

the expression " the operative date " means the 1st day of November, 1946;

references to the remuneration of a person shall be construed as references to the annual or weekly (whichever is appropriate having regard to his conditions of service) remuneration of that person ;

the word " unestablished " means serving full-time in a non-pensionable capacity.

4. Nothing in these Regulations shall be construed as affecting the powers of the Minister for Finance under subsection (3) of section 2 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924).

5. The Civil Service (Stabilisation of Bonus) Regulations, 1940 to 1945, are hereby revoked.

PART II. REMUNERATION OF CIVIL SERVANTS WHOSE REMUNERATION WAS FORMERLY CALCULATED BY REFERENCE TO A COST OF LIVING INDEX NUMBER.

6. (1) In this Part and in the Schedule to these Regulations—

the expression " hypothetical basic maximum " means, in relation to a Part II officer, the amount which would have been his basic maximum if these Regulations had not been made ;

the expression " hypothetical basic pay " means, in relation to a Part II officer, the remuneration which would, if these Regulations had not been made, be, for the time being, payable to him, excluding so much of the said remuneration as would have been referable to a cost of living index number and so much of the said remuneration as would have consisted of emergency bonus and allowance (if any);

Part II officer.

the expression " Part II officer " means a person—

(a) who, whether established or unestablished, is for the time being employed in the Civil Service, and

(b) who entered the Civil Service before the 1st day of January, 1947, or will enter the Civil Service by competitions for which the conditions of service were announced before the 1st day of January, 1947, and

(c) whose remuneration or portion of whose remuneration would, if these Regulations had not been made, have been calculated by reference to a cost of living index number or by reference to two or more such numbers, and

(d) who is not provided with free board or rations;

the expression " the stated periodical amount " means £105 7s. 5d. per annum, or 40s. 4d. per week.

(2) For the purposes of this Part in its application to an officer who belongs to the temporary clerical or other temporary class and who would, if these Regulations had not been made, be in receipt of remuneration at a rate which would have been related to standard inclusive remuneration, his hypothetical basic pay shall be taken to be the basic equivalent (calculated by reference to a cost of living index number of 205) of the said standard inclusive remuneration.

7. (1) Subject to paragraph (2) of this Regulation, in this Part and in the Schedule to these Regulations, the expression " revised maximum " means—

(a) in relation to a Part II officer to whom Regulation 12 applies, the sum of—

(i) his hypothetical basic maximum, and

(ii) bonus on 270 ;

(b) in relation to a Part II officer to whom Regulation 13 or 14 applies, whichever is the greater of the following sums—

(i) the sum of—

(I) his hypothetical basic maximum, and

(II) bonus on 270,

(ii) the sum, increased by 25 per cent., of—

(I) his hypothetical basic maximum, and

(II) bonus on 175.

(2) Where the sum ascertained under paragraph (1) of this Regulation, in relation to a Part II officer, is not less than £272 10s. 0d. per annum and is not a multiple of £5, the said sum shall be rounded up or down to the nearest multiple of £5, any broken amount of £2 10s. 0d. or over being rounded up and any broken amount of less than £2 10s. 0d. being rounded down, and the said sum as so rounded up or down (as the case may be) shall, for the purposes of this Part and the Schedule to these Regulations, be the revised maximum of that Part II officer.

8. In respect of any period commencing on or after the operative date, the remuneration of a Part II officer shall cease to be calculated in the manner in which it was calculated before the operative date and shall be calculated in the manner provided by this Part and the Schedule to these Regulations.

9. (1) This Regulation applies to a Part II officer—

(a) whose age does not exceed 21 years, and

(b) whose hypothetical basic pay does not for the time being exceed the stated periodical amount.

(2) The remuneration of a Part II officer to whom this Regulation applies and who is of the description set out in column (2) of the Table to this Regulation at any reference number shall be an amount equal to the sum set out in column (3) of the said Table at the said reference number or the sum set out in column (4) of the said Table at the said reference number, whichever of the said sums is the greater.

TABLE TO REGULATION 9.

10.(1) This Regulation applies to a Part II officer—

(a) who is aged 21 years or upwards, and

(b) whose hypothetical basic pay does not for the time being exceed the stated periodical amount.

(2) The remuneration of a Part II officer, to whom this Regulation applies shall be the sum of the following :—

(a) his hypothetical basic pay,

(b) bonus on 210, and

(c) 22s. 6d. per week.

11. The incremental progression (if any) of a Part II officer to whom Regulation 9 or 10 applies shall be by reference to the basic increments which would have applied to his scale if these Regulations had not been made.

12. Where, by reason only of his hypothetical basic pay exceeding the stated periodical amount, Regulation 9 or Regulation 10 (as the case may be) no longer apply to a Part II officer to whom such Regulation applied immediately before the date of such cesser, the following provisions shall have effect :—

(a) for the purposes of this Regulation, his initial remuneration shall, subject to Regulation 15, be an amount equal to the sum of the following—

(i) his hypothetical basic pay on the date of such cesser, and

(ii) bonus on 270;

(b) so long as he holds the office held by him on the date of such cesser, his remuneration shall, as on and from the date of such cesser, be as follows—

(i) in case he has reached his revised maximum on the date of such cesser, his initial remuneration,

(ii) in any other case, his initial remuneration with, as on and from his next incremental date and until he reaches his revised maximum, such additions of increment as may be appropriate having regard to the provisions contained in the Schedule to these Regulations.

13. (1) This Regulation applies to a Part II officer—

(a) who holds a particular office on the operative date, and

(b) whose hypothetical basic pay on the operative date exceeds the stated periodical amount.

(2) For the purposes of this Regulation the initial remuneration of a Part II officer to whom this Regulation applies shall, subject to Regulation 15, be an amount equal to whichever of the following sums is the greater—

(a) the sum of—

(i) his hypothetical basic pay on the operative date, and

(ii) bonus on 270;

(b) the sum, increased by 25 per cent., of—

(i) his hypothetical basic pay on the operative date, and

(ii) bonus on 175.

(3) So long as a Part II officer to whom this Regulation applies holds the office held by him on the operative date, his remuneration shall, as on and from the operative date, be as follows—

(a) in case he has reached his revised maximum on the operative date or his remuneration is not on a scale, his initial remuneration,

(b) in any other case, his initial remuneration with, as on and from his next incremental date and until he reaches his revised maximum, such additions of increment as may be appropriate having regard to the provisions contained in the Schedule to these Regulations.

14. Where—

a Part II officer to whom Regulation 13 applied is appointed to an office after the operative date and before the date of these Regulations, or

a Part II officer is appointed to an office the conditions of service in respect of which were announced before the 1st day of January, 1947, and his hypothetical basic pay on the date of his appointment exceeds the stated periodical amount,

the following provisions shall have effect, that is to say :—

(1) for the purposes of this Regulation his initial remuneration shall, subject to Regulation 15, be whichever of the following sums is the greater—

(a) the sum of—

(i) his hypothetical basic pay on the date of his appointment, and

(ii) bonus on 270,

(b) the sum, increased by 25 per cent., of—

(i) his hypothetical basic pay on the date of his appointment, and

(ii) bonus on 175 ;

(2) so long he holds the said office, his remuneration shall, as on and from the date of his appointment be as follows—

(a) in case his remuneration is not on a scale, his initial remuneration,

(b) in any other case, his initial remuneration with, until he reaches his revised maximum, such additions of increment as may be appropriate having regard to the provisions contained in the Schedule to these Regulations.

15. (1) Where—

(a) the initial remuneration, for the purposes of Regulation 12, 13 or 14, of a Part II officer is not a multiple of £1, and

(b) such initial remuneration is annual remuneration, and

(c) such initial remuneration is not the minimum or maximum applicable to the office held by him,

such initial remuneration shall be rounded up or down to the nearest multiple of £1, any broken amount of 10s. or over being rounded up and any broken amount of less than 10s. being rounded down.

(2) Where—

(a) annual remuneration (calculated under the preceding provisions of this Part) of a Part II officer is not less than £272 10s. 0d., and

(b) such remuneration is not a multiple of £5, and

(c) such remuneration is the minimum or maximum of the scale applicable to the office held by him or is not in the form of a scale,

such remuneration shall be rounded up or down to the nearest multiple of £5, any broken amount of £2 10s. 0d. or over being rounded up and any broken amount of less than £2 10s. 0d. being rounded down.

PART III. REMUNERATION OF CERTAIN OTHER CIVIL SERVANTS WHOSE REMUNERATION WAS AT INCLUSIVE RATES.

16. In this Part—

the expression " Part III officer" means a person who—

(a) is employed whole-time in the Civil Service,

(b) is not remunerated on a contract or fee basis,

(c) is not provided with free board or rations,

(d) is the holder of an office, the remuneration in respect of which—

(i) was before the operative date not automatically varied by reference to a cost of living index number,

(ii) was fixed before the 1st day of January, 1940, and was not since increased save by the addition of an emergency bonus, and

(iii) was not directly related to remuneration of workers outside the Civil Service;

the expression "standard net pay" means in relation to a Part III officer, the remuneration which would, if these Regulations had not been made, be payable to him, excluding—

(a) so much thereof as would have consisted of an emergency bonus, and

(b) so much thereof as would have been referable to any element (e.g., travelling expenses) other than salary,

(c) so much thereof as might have been referable to any allowance;

the expression "hypothetical basic pay" means, in relation to a Part III officer, the sum which would, if his standard net pay consisted of a basic element and a bonus element calculated by reference to the cost of living index number of 175, represent the basic element.

17. In respect of any period commencing on or after the operative date, the remuneration of a Part III officer shall cease to be calculated in the manner in which it was calculated before the operative date and shall be calculated in the manner provided by this Part.

18. (1) The remuneration of a Part III officer shall, subject to Regulation 19, be an amount equal to whichever of the following sums is the greater—

(a) the sum of—

(i) his hypothetical basic pay, and

(ii) bonus on 255,

(b) the sum of—

(i) his standard net pay, and

(ii) the appropriate weekly sum.

(2) In this section the expression "the appropriate weekly sum" means—

(a) in relation to a Part III officer who is 21 years of age or more, 15s. per week,

(b) in relation to a Part III officer who is under 21 years of age and married, 15s. per week,

(c) in relation to a Part III officer who is under 21 years of age, unmarried and established, 13s. per week.

(d) in relation to a Part III officer who is under 21 years of age, unmarried and unestablished, 7s. 6d. per week.

19. (1) Where—

(a) the remuneration (calculated under Regulation 18) of a Part III officer is not less than £300, and

(b) such remuneration is on a scale, and

(c) such remuneration is not a multiple of £5, and

(d) such officer is at the minimum or maximum of his scale of remuneration,

such remuneration shall be rounded up or down to the nearest multiple of £5, any broken amount of £2 10s. 0d. or over being rounded up and any broken amount of less than £2 10s. 0d. being rounded down.

(2) Where—

(a) the remuneration (calculated under Regulation 18) of a Part III officer is not less than £300, and

(b) such remuneration is not on a scale, and

(c) such remuneration is not a multiple of £5, such remuneration shall be rounded up or down to the nearest multiple of £5, any broken amount of £2 10s. 0d. or over being rounded up and any broken amount of less than £2 10s. 0d. being rounded down.

(3) Where—

(a) the remuneration (calculated under Regulation 18) of a Part III officer is not less than £100, and

(b) such remuneration is not a multiple of £1, and

(c) neither paragraph (1) or paragraph (2) of this Regulation is applicable to his remuneration,

such remuneration shall be rounded up or down to the nearest multiple of £1, any broken amount of 10s. or over being rounded up and any broken amount of less than 10s. being rounded down.

SCHEDULE.

Regulations 12, 13 and 14.

PROVISIONS IN RELATION TO INCREMENTS OF PART II OFFICERS TO REGULATIONS WHOM REGULATIONS 12, 13 AND 14 APPLY (I.E., PART II OFFICERS 12, 13 AND 14. WHOSE HYPOTHETICAL BASIC PAY EXCEEDS THE STATED PERIODICAL AMOUNT).

1. For the purposes of this Schedule—

(a) the word "officer" means a Part II officer to whom Regulation 12, 13 or 14 applies;

(b) the expression "hypothetical basic increment" means the basic increment which would have been applicable if these Regulations had not been made;

(c) the expression "hypothetical basic range" means the basic range which would have been applicable if these Regulations had not been made;

(d) the expression "hypothetical basic scale "means the basic scale which would have been applicable if these Regulations had not been made;

(e) the revised increment of an officer of the class mentioned in column (2) of the Table to this Schedule at any reference number shall be the sum set out in column (3) of the said Table at the said reference number.

2. The following provisions shall have effect in relation to the incremental progression of an officer:—

(a) his incremental progression shall cease, as regards amount, to be by his hypothetical basic increments;

(b) subject to the subsequent provisions of this paragraph, his incremental progression shall, as regards amount, be by his revised increments;

(c) if as the result of the operation of sub-paragraph (b) of this paragraph, the span of years which it would take him to reach his revised maximum would exceed the span of years it would have taken him to reach his hypothetical basic maximum if these Regulations had not been made, then his incremental progression shall be so adjusted as to enable him to reach his revised maximum in the same time that it would have so taken him to reach his hypothetical basic maximum;

(d) if, in the course of his incremental progression, his hypothetical basic increments would, if these Regulations had not been made, bring his hypothetical basic pay from a lower hypothetical basic range (as set out in column (2) of the Table to this Schedule) to the next higher hypothetical basic range (as so set out), then, the increment (if any) to be granted to him shall be of the same amount as it would have been if his hypothetical basic pay had remained in the said lower hypothetical basic range, so however that his remuneration shall not exceed his revised maximum.

TABLE.

REVISED INCREMENTS OF PART II OFFICERS TO WHOM REGULATIONS 12, 13 AND 14 APPLY.

GIVEN under my Official Seal, this 9th day of June, 1947.

PROINNSIAS MAC AODHAGÁIN,

Minister for Finance.