First Previous (FIRST SCHEDULE.)

9 1933

RAILWAYS ACT, 1933

SECOND SCHEDULE.

1. In this Schedule the word “service” means service with any railway company or railway companies having the whole or part of their line or lines in Saorstát Eireann.

2. The compensation payable to an employee who had at the date of his dismissal continuous service for a period of less than five years shall be a gratuity calculated on the basis of one-sixth of the amount of his annual remuneration and emoluments at the date of his dismissal for every completed year of his service.

3. The compensation payable to an employee who had at the date of his dismissal continuous service for a period of not less than five years shall be an annual sum to be paid to him during his life not exceeding in any case two-thirds of his annual remuneration and emoluments at the date of his dismissal, and, subject to that limitation to be calculated at the rate of one-sixtieth of such annual remuneration and emoluments for every completed year of his service with an addition thereto based on the number of completed years of his service and calculated according to the following scale:—

if he has twenty or more completed years of service, an addition of ten-sixtieths of his said remuneration and emoluments;

if he has fifteen or more completed years of service and less than twenty such years, an addition of seven-sixtieths of his said remuneration and emoluments;

if he has ten or more completed years of service and less than fifteen such years, an addition of five-sixtieths of his said remuneration and emoluments;

if he has five or more completed years of service and less than ten such years, an addition of three-sixtieths of his said remuneration and emoluments.

4. In the case of a person who was taken into the employment of a railway company as a specially qualified person at an age exceeding that at which employment by a railway company usually began, his actual period of service may be increased by the addition of such number of years as may seem just, having regard to the particular circumstances of the case, and thereupon his compensation shall be calculated on such increased period of service.

5. (a) Where a person was temporarily absent from his employment and during the whole of such absence was engaged in service in any of the military forces serving under the authority of the First Dáil Eireann, the Second Dáil Eireann, or the Provisional Government of Ireland, or the British Army, Navy or Air Forces, or in either of the opposing forces during the civil strife in the years 1922, 1923, 1924, or was interned or imprisoned in consequence of such service, such temporary absence shall for the purposes of this Schedule be reckoned and included in the period of his service.

(b) Without prejudice to the provisions of the preceding paragraph, where any person was absent from his employment for a period of less than one year on account of the closing or partial closing of a railway or section of a railway in consequence of the civil strife in the years 1922 or 1923, such absence shall not be deemed to have caused an interruption of his employment if otherwise continuous, but shall not be reckoned or included in his period of service for the purpose of calculating compensation under this Act,

6. Where any person has served as a trade apprentice with any railway company the period of such apprenticeship shall not be reckoned or included in his period of service.

7. Whenever the compensation payable to an employee of a railway company is an annual allowance and such employee is entitled to benefits by way of superannuation payable out of any contributory superannuation or benefit fund to which a railway company by which he was employed contributed, such annual allowance shall notwithstanding anything contained in this Schedule be the difference between the amount of the annual allowance which would be payable if such employee was not entitled to any such benefits and the annual amount or annual value of such benefits and such employee shall in addition be paid by such railway company a lump sum equal to the total amount of the contributions paid at any time by such employee to the superannuation or benefit fund.

8. Any person who is in receipt of an annual sum by way of compensation may, within one year from the date on which the amount of such annual sum is fixed, apply to the railway company by which he was dismissed to commute not more than one-fourth of such annual sum by payment of a capital sum of money and no such application shall be unreasonably refused by such railway company.