I move that the Bill be now read a Second Time. The object of this Bill is to provide for the adjustment of Civil Service superannuation awards granted during the period in which Civil Service salaries were subject to the Civil Service (Stabilisation of Bonus) Regulations.
Civil Service salaries were stabilised at a cost-of-living figure of 185 from the 1st July, 1940, to the 31st December, 1944, and at 210 from the 1st January, 1945, with certain modifications which allowed of the payment of emergency bonus. All superannuation awards made during these two periods were in the first instance calculated by reference to whichever of these figures applied at the time. The Emergency Powers (No. 354) Order 1945, permitted the pensions of those who retired in the second half of 1940 to be adjusted to a bonus figure of 205—the then actual cost-of-living figure—and those awarded from 1941 to the end of 1944 to a bonus figure of 210—the adjusted pensions becoming payable as from the 1st January, 1945. The Order contained a clause prohibiting the adjustment of the lump sum and gratuity awards. Awards of pensions, lump sums and gratuities made during the remainder of the stabilisation period (that is from 1st January, 1945, to the 31st October, 1946) have been assessed on the basis of a cost-of-living figure of 210. Awards since the 1st November, 1946, have been related to the new consolidated salary rates.
I propose in this Bill to provide for two things: first, for the adjustment of pensions as on and from the 1st November, 1946, in relation to the cost-of-living figure appropriate at the date of retirement on pension subject to the limitation that in no case will the pension be readjusted by reference to a cost-of-living figure higher than 270 which is the figure by reference to which Civil Service salaries have been consolidated; secondly, I propose to set aside the prohibition in the Emergency Powers (No. 354) Order, 1945, against the adjustment of lump sum and gratuity awards and to adjust all statutory awards of lump sums and gratuities made since the 1st July, 1940, on the same basis as the pensions adjustment.
I can perhaps best illustrate the effects of the Bill by indicating the bonus figures by reference to which the pensions, lump sums and gratuities covered by the Bill will be adjusted.
Awards in respect of the period 1st July, 1940, to 31st December, 1943, will be adjusted to the appropriate actual cost-of-living figure as follows:—
2nd half of year 1940 |
205 |
1st ,, ,, 1941 |
210 |
2nd ,, ,, 1941 |
220 |
1st ,, ,, 1942 |
230 |
2nd ,, ,, 1942 |
235 |
1st ,, ,, 1943 |
260 |
2nd ,, ,, 1943 |
270 |
The pensions awarded in the second half of the year 1940 and the first half of the year 1941 have been already adjusted to the appropriate actual cost-of-living under the Emergency Powers (No. 354) Order, 1945. The provisions of the Bill will therefore operate in these cases only to adjust the lump sum and gratuity awards.
The actual cost-of-living figure for each of the half-yearly periods from 31st December, 1943, to 31st October, 1946, was over 270 and accordingly the pensions, lump sums and gratuities awards in respect of this period will be adjusted to the figure of 270 on which consolidation of salaries was finally based.
I may add that apart from the benefits provided in the Bill I have directed that the lump sum and gratuity awards which fall to be adjusted under the Bill will be calculated by reference to 100 per cent. of the appropriate bonus. The practice since 1921 has been to reckon only 75 per cent. of the bonus in the calculation of lump sum and gratuity awards. This practice was modified as from the 1st January, 1944, in the case of awards made after that date. I propose to extend this concession to apply to the awards made from the date of bonus stabilisation, that is from the 1st July, 1940. Furthermore, it is not intended that these revised awards should be subject to variation by reference to any future change in the cost-of-living index figure.
The Minister for Justice intends to introduce a Bill to provide for the adjustment of Garda Síochána pensions on the same lines as those contained in this Bill.
Section 2 will permit of the adjustment of the awards made to civil servants who retired during the stabilisation period. The pensions, including allowances payable under the injury warrant to officers injured in the course of their duty, which were in course of payment on the 1st November, 1946, will be adjusted under sub-section (2) as from that date. Sub-section (3) relates to the adjustment of the lump sums and gratuities. The lump sums are those payable to male officers in addition to pension and are described in the Superannuation Acts as additional allowances. These lump sums will be adjusted even where the pensioner has died before the 1st November, 1946, and where the pension will not in consequence fall to be adjusted. The gratuities are those paid to established officers who retired on the grounds of ill health before qualifying for pension and compassionate gratuities paid to unestablished officers on retirement on health or age grounds. Sub-section (3) will also allow of the adjustment of the gratuity paid to the legal personal representatives of a Civil Service pensioner who died before the amount paid by way of pension and lump sum (additional allowance) equalled the amount of the deceased's salary. The gratuity is an amount equal to the difference.
The section will not apply to the persons mentioned at paragraph (c) of sub-section (1) for the reasons that the person to whom Section 3 of the Superannuation Act, 1946, applies has already had his award adjusted under that Act on the lines now being provided for under this Bill; the other exempted classes are certain officers whose basic salary plus stabilised cost-of-living bonus plus emergency bonus was not less than the sum of the basic salary plus bonus on the actual cost-of-living figure or on the figure of 270 as appropriate and where the award already made equals or exceeds that which would be awarded under the Bill. As these pensioners cannot benefit further under the Bill they are being excluded from its scope and will retain their existing awards.
Sub-section (6) is a consequential amendment of Section 20 of the Superannuation Act, 1834, following the pension adjustments. That Act provides that where a pensioner is re-employed in the public service the pension is abated to the extent to which the pension plus the remuneration of the new office exceeds the remuneration of his former office. Since the adjusted pension will be calculated on a salary rate higher than that which was paid to him on retirement the abatement will be by reference to the higher remuneration and will, of course, operate for the benefit of the pensioner.
The necessity for Section 3 arises from the fact that county registrars may now elect to receive an award of pension under either the Superannuation Acts or under the Court Officers Act, 1945. Where a county registrar elects for a Superannuation Act award the adjustment will fall to be made under the Bill generally. Special powers are, however, necessary to cover the awards payable under the Court Officers Act, 1945. In fact only one officer is involved. Sub-section (4) of this section provides for the mechanics of abatement of pension on the lines I have indicated in relation to sub-section (6) of Section 2 in the case of Superannuation Act pensions.
Section 4 applies to civil servants who died during the stabilisation period while in the service. It will permit of the adjustment of the gratuities paid to the legal personal representatives of deceased established officers and to the dependents of unestablished officers. The section will also provide for the adjustment as from the 1st November, 1946, of the allowances awarded under the injury warrant to the widows and children of officers who were killed or who died as a result of injuries received in the execution of their duties. There have been a few such cases.
Section 5 modifies the effects of Section 12 of the Superannuation Act, 1834, in its application to persons who, after the 1st November, 1946, retire or die while in the service. That Act provides that where a civil servant receives promotion within three years of his retirement or death the superannuation award in his case is assessed on the average amount of salary received during the three years preceding his retirement or death. At present the award in these circumstances to an officer who retired, say, on the 1st November, 1946, would virtually be calculated by reference to the average salary based on the stabilised cost-of-living figure of 210 plus emergency bonus. The section will deem the officer to have been in receipt of bonus at the 270 figure before 1st November, 1946, so that he will be placed in the same position as an officer who retired in similar circumstances before the 31st October, 1946.