I move:—
That the National School Teachers' Superannuation (Amendment) Scheme, 1940, made by the Minister for Education with the consent of the Minister for Finance under the Teachers' Superannuation Act, 1928 (No. 32 of 1928) be confirmed.
National School Teachers' Superannuation (Amendment) Scheme, 1940—Motion.
On a point of order, surely the discussion of this motion is not taking place now?
I was under the impression that I might be facilitated in getting through the business which stands in my name and I did not think that it would raise any controversial question. This particular amendment scheme is really largely technical.
It was circulated only this morning.
It was definitely understood that this matter would not be concluded to-day, and nobody knew anything about it until this morning.
And no request was made.
If it would facilitate the Minister, we could hear a statement on the matter now and then adjourn the discussion.
If the Minister desires to make a statement, he may do so now.
I move that the scheme be confirmed. This amending scheme, as Deputies will note in paragraph 5, is promoted to give pension rights to a small number of national school teachers, probably not exceeding three in number, in respect of periods of not less than seven years during which they served as teachers in Irish-speaking schools or in special secondary schools for fostering the Irish language. It also allows of the inclusion of periods of service as Gaelic League organiser and approved service as secondary school teachers for pension purposes in the case of those teachers. Such service under this amended scheme may, however, be reckoned for pension only if the teacher pays the amount of contributions he would have paid had he served in a national school for the period in question.
The secondary teachers' pension scheme of 1929 permits of previous service given as a national school teacher being counted for pension purposes in the case of secondary teachers, and that scheme, in conjunction with the incremental salary rules, permits of periods of service of not less than five years as Gaelic League organiser being similarly included. There is, however, no provision in the national teachers' scheme for a reciprocal arrangement in respect of secondary school service, nor is it proposed to adopt any such general arrangemeent. The cases of the small number of teachers to whom this amending scheme will apply are deserving of special consideration in view of the essentially national character of their work in fostering the Irish language and culture under difficult circumstances and at considerable personal financial loss. The other amendments in the scheme are largely of a technical character, and some of them are introduced to clarify certain provisions of the original scheme.
Paragraph 6 is introduced to preclude a period of service being reckoned both, for a teacher's pension and a military pension. A similar provision was made in the Gárda Síochána Pensions (No. 2) Order, 1938. Paragraph 7 meets a technical difficulty which has arisen in certain cases of ex-national teachers who died after retirement and before making application for the pension to which they would have been entitled had such application been made. Paragraph 8 is to delete the word "efficiently" which found its way into paragraph 11 (b) (ii) of the 1934 scheme owing to an oversight. This amendment is necessary because, without it, there is a possibility that a teacher who might be on the point of being dismissed without pension for non-efficiency could claim a pension on the ground that his non-efficiency was due to some physical defect such as would not ordinarily be regarded as sufficiently serious to warrant the award of a disability pension. It was never intended that the word "efficiently" should have appeared in the original 1934 scheme but, owing to our desire at the time to get that scheme through then—if we had not got it through before a certain date we would have had serious administrative difficulties—the word crept in, and we have now to eliminate it. The amendment in paragraph 9 qualifies the phrase "claimant for a pension", in order to limit the benefit to cases in which there would have been entitlement to pension but for the failure to give notice of the claim within the prescribed period.
If a teacher has failed to claim his pension within the prescribed period the Minister, I think, has discretion to permit him to make his application. If, however, he has been granted a gratuity he will not be entitled to a pension. Pensions are only granted where the teacher has had at least ten years' service. If he has had less than ten years he may be granted a gratuity but, in that case, he would not be entitled to a pension, and this amendment limits the concession which was given under the original rules to enable persons to make application subsequent to the date laid down. It limits their right to make such application except in cases where they are definitely entitled to a pension. Paragraph 10: It happens occasionally that, after a teacher has gone on pension, it is discovered that there has been an overpayment of salary or other grants to him. Similar provision was made in paragraph 31 (2) of the Secondary Teachers' Scheme, 1929. Paragraph 11: The provision in paragraph 31 of the 1934 scheme led to the embarrassing position that a teacher who either through inadvertence or wilfully stays on in school without the permission of the Minister, has either to be paid salary for the excess period or to suffer the drastic penalty of loss of pension. A certain date was fixed and the teacher had either to go on that date and draw his pension or else, according to the legal advice I had received, he was in danger of not being legally entitled to get his or her pension at all. The amendment gives discretion to the Minister either to pay the salary if the teacher remains on in the school—which I do not propose to do—or to see that the pension is paid from the proper date. Paragraph 12: The 1934 scheme, paragraph 7, dealt with the case of a national teacher who resigned from the service and was subsequently reappointed. If such teacher had been repaid his premiums, it was necessary for him to refund the amount, with interest, in order to have his previous period of service reckoned for pension. The Secondary Teachers' Scheme of 1929 provided for previous service as a national teacher being reckoned for pension as secondary teacher on the transfer of his premiums from the National Teachers' Fund to the Secondary Teachers' Fund. No provision was made, however, for the case of a teacher who first served as a national teacher, then as a secondary teacher, and later reverted to the status of a national teacher. This new paragraph provides for the payment to the Minister of the premiums in respect of the earlier period of national teacher service, as a condition for the inclusion of that period in the teacher's pensionable service and indicates the procedure to be adopted by the teacher.
How many persons are involved?
Three under paragraph 5. As I have explained, the other paragraphs deal with purely technical matters which have not arisen but which might arise. In one particular instance—paragraph 7—where a teacher had not made application for his pension before his death—a case has actually arisen. Some of the other cases have not arisen so far, but we are providing for them.
I move the adjournment of the debate.
Debate adjourned.