37 1933

/images/harp.jpg


Number 37 of 1933.


PUBLIC SERVICES (TEMPORARY ECONOMIES) ACT, 1933.


ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title.

2.

Definitions.

3.

Definition of “salary”.

4.

Saving for pensions, etc.

5.

Preservation of contracts of service.

PART II.

Deductions from Salaries in Public Services.

6.

Application of this Part of this Act.

7.

Deductions from salaries.

8.

Determination of disputes, etc.

PART III.

Deductions from Statutory and other Grants and from Certain Salaries.

9.

Deductions from salaries paid by certain statutory bodies.

10.

Deductions from grants to certain classes of bodies.

11.

Deductions from grants to local authorities, etc.

12.

Deductions from salaries consequential on deductions from grants.

13.

Deductions from grants to universities and university colleges.

14.

Disposal of deductions from grants.

SCHEDULE.


/images/harp.jpg


Number 37 of 1933.


PUBLIC SERVICES (TEMPORARY ECONOMIES) ACT, 1933.


AN ACT TO MAKE OR PROVIDE FOR THE MAKING OF DEDUCTIONS FROM REMUNERATION PAYABLE DURING THE FINANCIAL YEAR BEGINNING ON THE 1ST DAY OF APRIL, 1933, AND EITHER PAYABLE OUT OF PUBLIC MONEYS (WHETHER BY STATUTE OR OTHERWISE) OR FIXED BY OR UNDER STATUTE OR PAYABLE BY VIRTUE OF A STATUTORY POWER TO EMPLOY OFFICERS OR SERVANTS OR PAYABLE BY BODIES TO WHOM GRANTS ARE MADE OUT OF PUBLIC MONEYS, AND ALSO TO MAKE OR PROVIDE FOR THE MAKING OF DEDUCTIONS FROM CERTAIN CLASSES OF GRANTS PAYABLE DURING THE SAID FINANCIAL YEAR OUT OF PUBLIC MONEYS, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [2nd October, 1933. ]

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

PART I.

Preliminary and general.

Short title.

1. —This Act may be cited as the Public Services (Temporary Economies) Act, 1933.

Definitions.

2. —In this Act—

the expression “the Minister” means the Minister for Finance; the expression “the current financial year” means the financial year beginning on the 1st day of April, 1933;

the word “rate” includes percentage;

references to employment shall be construed as including engagement and retainer;

the expression “national school” means a public elementary day school recognised by the Minister for Education as a national school;

the expression “preparatory college” means a preparatory college established by the Minister for Education.

Definition of “salary”.

3. —(1) In this Act (save as is otherwise expressly provided) the word “salary” includes all salary, pay, wages, commission, fees, and other remuneration, whether fixed or paid under statute, order, or regulation or otherwise howsoever, and whether calculated by reference to a period of time or by reference to work done, or on any other basis, and also includes allowances and benefits (whether paid in money or given otherwise than in money) forming part of the remuneration attached to an office, but does not include any payment made by way of allowance for or re-imbursement of specific expenses incurred nor any payment (whether separate or included in other remuneration) which is expressly made as an allowance (other than a uniform allowance or a plain-clothes allowance) for or towards necessary equipment.

(2) Where a person holds two or more offices from the salaries of which deductions are required by the same Part of this Act to be made, his salary for the purposes of such deductions shall be taken to be the aggregate amount of the respective salaries of those offices and such aggregate amount shall be subject to such deduction as would be appropriate thereto if the whole of such aggregate amount were—

(a) where one only of the said offices is a whole-time office, the salary of such whole-time office, or

(b) in any other case, the salary of that one of the said offices the salary of which is the greater or greatest.

(3) Where the Minister is satisfied that the amount of that salary of an office has been fixed on the basis that an undefined part thereof is of the nature of an allowance for expenses necessarily incurred in the performance of the duties of such office, the Minister shall determine for the purposes of this Act the proportion of such salary which is attributable to such allowance and thereupon the proportion so determined shall not be included in or form part of the salary of such office for the purposes of this Act.

(4) Where a person, who is in receipt of a salary from which a deduction is required by Part II of this Act to be made, earns and receives during the current financial year special remuneration (in addition to his normal salary) in respect of services rendered by him during that year or any part thereof, the annual rate of his salary for the purposes of this Act shall be taken to be the aggregate of the following amounts, that is to say:—

(a) the annual rate of his normal salary, and

(b) the total amount of such special remuneration earned and received by him in the current financial year.

(5) Where a person from whose salary a deduction is required by Part II of this Act to be made satisfies the Minister that he accepted an appointment in a civil capacity in the public service of Saorstát Eireann on an invitation made to him by or on behalf of the Government of Saorstát Eireann after the 6th day of December, 1922, and that for the purpose of accepting such appointment he relinquished an appointment in the public service of another country, then, and in any such case, if having regard to the terms on which such person accepted such first-mentioned appointment the Minister considers that it is fair and reasonable that the remuneration or some portion of the remuneration of such person should not be treated as salary for the purposes of this Act, the Minister shall determine that (as the case may be) no part or a specified part only of the remuneration of such person shall be deemed to be salary for the purposes of this Act.

Saving for pensions, etc.

4. —(1) Nothing in this Act shall affect the amount of salary by reference to which the amount of any compensation, superannuation allowance, pension, or gratuity is computed nor the amount of salary by reference to which contributions to a pension fund or under a superannuation scheme are computed, and accordingly deductions made under or by virtue of this Act shall not be taken into account in the computation of any such compensation, allowance, pension, gratuity, or contribution nor in the calculation of any average on which such computation is based.

(2) Where a person who has been granted a superannuation allowance or a pension is in receipt of a salary from which a deduction is made under this Act, the amount of such allowance or pension actually payable shall be computed by reference to the full amount of such salary, and such deduction shall not be taken into account for the purpose of such computation.

Preservation of contracts of service.

5. —The making under this Act of a deduction from salary paid under a contract of service shall not operate to terminate such contract, and such contract shall, notwithstanding the making of such deduction, continue to subsist but subject to the obligation or right to make and the obligation to suffer such deduction.

PART II.

Deductions from Salaries in Public Services.

Application of this Part of this Act.

6. —(1) This Part of this Act applies to every person who, at any time during the current financial year—

(a) is employed—

(i) as a commissioned officer in or a chaplain to the Defence Forces of Saorstát Eireann, or

(ii) as a teacher in a national school, or

(iii) in any capacity in a preparatory college, or

(iv) in any other civil capacity whether permanent or temporary, in the public service of Saorstát Eireann; and

(b) is remunerated wholly or partly (whether directly or indirectly) out of the Central Fund or moneys provided by the Oireachtas or a fund under the control of a Minister.

(2) This Part of this Act applies to a person whether his employment is whole-time or part-time, or is for particular work or a particular occasion, and whether the amount of his salary is fixed by statute or otherwise, but this Part of this Act applies to a person only so long and in so far as he is employed and remunerated in a manner mentioned in the foregoing sub-section of this section.

(3) Notwithstanding anything contained in the foregoing sub-sections of this section, this Part of this Act does not apply to any judge of the Supreme Court, the High Court, or the Circuit Court, nor to any justice of the District Court.

Deductions from salaries.

7. —(1) From all salary which, during the current financial year, is earned by and payable to each person to whom this Part of this Act applies there shall be made a deduction calculated at the rate stated and in accordance with the provisions contained in the Schedule to this Act which are applicable to such person.

(2) From every of the grants mentioned in Part IV of the Schedule to this Act which is made during and in respect of the current financial year, there shall be made a deduction calculated at the rate stated in the said Part IV.

(3) The deduction to be made under this section from the salary of any person shall, so far as may be practicable, be made rateably from every payment of such salary made in the current financial year.

(4) Where the salary of a person to whom this Part of this Act applies includes allowances or benefits given otherwise than in money, the deduction to be made under this section from such salary shall (though calculated on the whole of such salary) be made only from the portion of such salary which is paid in money.

(5) Every deduction made before the passing of this Act from salary paid to a person to whom this Part of this Act applies which would have been a lawful deduction under this section if this section had then been in force shall be deemed to have been made under this section and to be and always to have been lawful accordingly.

(6) All sums deducted from salaries or grants under this Part of this Act or deemed to have been so deducted shall be retained in the Exchequer or the appropriate fund under the control of a Minister (as the case may require) and be available for any purpose for which moneys in the Exchequer or such fund (as the case may be) are lawfully available.

Determination of disputes, etc.

8. —Every doubt, question, and dispute which shall arise as to whether a person is or is not a person to whom this Part of this Act applies, or as to the amount of the salary for the purposes of this Part of this Act of any person or the amount of the deduction to be made under this Part of this Act from any such salary shall be determined by the Minister whose determination thereof shall be final.

PART III.

Deductions from Statutory and other Grants and from Certain Salaries.

Deductions from salaries paid by certain statutory bodies.

9. —(1) This section applies to every board, commission, company, or other body—

(a) which was established by or under a special statute or for the establishment of which express provision was made by a special statute or which, though incorporated under statutes of general application, is regulated in part by a special statute; and

(b) the whole or part of the surplus revenue of which is payable to the Exchequer either specifically or in the form of dividends or of repayment of advances.

(2) From all salary which, during the current financial year, is earned by and payable to any member of a body to which this section applies in his capacity as such member, a deduction shall be made of such amount and at such times as the Minister may, in each case, direct, having regard to the deductions from salaries to be made under Part II of this Act and to the circumstances of the case.

(3) Every body to which this section applies shall make, in such manner and at such times as shall be approved of by the Minister, such deductions from the salaries earned and payable during the current financial year by and to persons (other than members) in the employment of such body as such body shall determine after consultation with the Minister and having regard to the amounts of the deductions from salaries to be made under Part II of this Act.

(4) All deductions from salaries made under this section shall be disposed of in such manner as the Minister, after consultation with the body concerned, shall direct.

(5) In relation to every body to which this section applies which is a company incorporated under the Companies Acts, 1908 to 1924, the word “member” shall be construed as meaning only members of such body who are directors of such body.

Deductions from grants to certain classes of bodies.

10. —Where a grant is made annually, under statute or otherwise, out of the Central Fund or moneys provided by the Oireachtas to any educational institution (not being a university, a university college or a secondary school) or to a board, commission, company, association, or other body (whether corporate or unincorporated) and such grant is wholly or partly available in the hands of such institution or body for the payment of the salaries of persons employed by such institution or body, there shall be deducted from the amount of such grant which falls to be made in the current financial year such sum as the Minister, after such consultation with the governing authority of such institution or body as he shall think proper, shall determine having regard to the proportion of such grant ordinarily applied to the payment of such salaries, to the deductions from salaries to be made under Part II of this Act, and to the other circumstances of the case.

Deductions from grants to local authorities, etc.

11. —(1) Where a grant is made annually, under statute or otherwise, out of the Central Fund or a fund under the control of a Minister or out of moneys provided by the Oireachtas to any local authority or to any committee or other body the members of which are appointed wholly or partly by a local authority and such grant is wholly or partly available for the payment of salaries there shall (save as is otherwise provided by this section) be deducted from the amount of such grant which falls to be made in the current financial year such sum as the Minister, after consultation with every other Minister who appears to him to be concerned, shall determine having regard to the proportion of such grant ordinarily applied towards the payment of salaries, to the deductions from salaries to be made under Part II of this Act, and to the other circumstances of the case.

(2) No deduction shall be made under this section from a grant to a local authority, committee, or other body for or in respect of services administered by or under the control of the Minister for Local Government and Public Health where the Minister is satisfied, after consultation with the Minister for Local Government and Public Health, that such body has made, from the salaries earned and payable in the current financial year by and to persons in the employment of such body, deductions approved of by the Minister after such consultation as aforesaid.

Deductions from salaries consequential on deductions from grants.

12. —(1) Whenever a deduction is made under any of the foregoing provisions of this Part of this Act from a grant, any board, authority, committee, or other body receiving (directly or indirectly) such grant or part thereof may make, from the salaries earned and payable in the current financial year by and to persons in the employment of such body, such deductions as such body shall, with the approval of the Minister, think proper having regard to the amount of the deduction so made from such grant or such part thereof, the proportion of such grant or such part thereof ordinarily applied towards the payment of such salaries, and to the other circumstances of the case.

(2) Before giving an approval under the foregoing sub-section of this section, the Minister shall consult with every (if any) other Minister who appears to him to be concerned.

(3) Where a board, authority, committee, or other body (hereinafter referred to as the first-mentioned body) receives (directly or indirectly) any such grant as is mentioned in the first sub-section of this section or part of any such grant, and another body (hereinafter referred to as the second-mentioned body) is entitled in law to demand and receive the whole or any portion of its expenses from the first-mentioned body, the second-mentioned body shall for the purposes of this section be deemed to be a body receiving a part of such grant.

Deductions from grants to universities and university colleges.

13. —Where a grant is made annually, under statute or otherwise, out of public moneys to a university or a university college, there shall be deducted from the amount of such grant which falls to be made in the current financial year such sum, not exceeding five per cent. of the amount of such grant, as the Minister shall determine.

Disposal of deductions from grants.

14. —All sums deducted under this Part of this Act from any grant shall be retained (as the case may require) in the Exchequer or in the fund from which such grant is made and be available for any purpose for which moneys in the Exchequer or in such fund (as the case may be) are lawfully available.

SCHEDULE.

PART I.

Rates of Deduction from Salaries of Commissioned Officers in and Chaplains to the Defence Forces of Saorstát Eíreann.

Where the annual rate of salary does not exceed £100—4 per cent, per annum of the salary.

Where the annual rate of salary exceeds £100.

per cent.

 4 per annum from the first £100 of the annual rate of salary.

plus

  5

next £100 or part of £100 of the annual rate of salary

  6

£100

£100

  7

£100

£100

  8

£100

£100

  8½

£100

£100

  9

£100

£100

  9½

£100

£100

  9¾

£100

£100

10

£100

£100

15

£100

£100

17½

£100

£100

PART II.

Rates of Deduction from Salaries of Teachers in National Schools.

(a) From salaries of principal, and assistant, and lay-assistant teachers in National Schools.

Where the annual rate of salary

per cent.

Is

less

than

£175

5    per annum of the salary.

£200

but

not

less

than

£175

£225

£200

£250

£225

£275

£250

6

£300

£275

£325

£300

£350

£325

£375

£350

7

£400

£375

£425

£400

£450

£425

Is

£450 or more

8

In the case of scale salaries, the foregoing rates shall apply to the salary inclusive of bonus for special qualifications, but no deduction shall operate to bring, the reduced inclusive pay more than 2 per cent. below the minimum of the salary scale and no deduction shall operate to bring the salary (after deduction) payable to any teacher below the amount of the salary (after deduction) payable to any other teacher whose salary (before deduction) was at a lower point on the same salary scale than the salary (before deduction) of the first-mentioned teacher.

(b) 1 per cent. per annum from the salaries of untrained teachers with a scale maximum of £139 10s. 0d. per annum and from the salaries of junior assistant mistresses.

(c) 6 per cent. per annum from remuneration for cookery and laundry instruction and from personal allowances to teachers in Special Irish Schools outside the Gaeltacht and from personal allowances in lieu of fees formerly paid to teachers in scheduled bi-lingual schools.

(d) 6 per cent. per annum from special grants to teachers in Fíor-Ghaeltacht Schools, but in no individual case is the amount payable to be reduced below the minima prescribed for such grants.

PART III.

Rates of Deduction from Salaries of Persons employed in any capacity in a Preparatory College and of Persons employed in any civil capacity in the Public Service to whom none of the foregoing Parts of this Schedule Applies.

(a) From salaries for whole-time service:—

Where the annual rate of salary does not exceed £300—Nil.

exceeds £300 but does not exceed £400—

2 per cent. per annum of the salary.

Where the annual rate of salary exceeds £400:—

per cent.

2 per annum from the first £400 of the annual rate of salary.

plus

next £ 100 or part of £ 100 of the annual rate of salary

3

£ 100

£ 100

£ 100

£ 100

6

£ 100

£ 100

8

£ 100

£ 100

10

£ 100

£ 100

12½

£ 100

£ 100

15

£ 100

£ 100

17½

£ 100

£ 100

20

£ 100

£ 100

22½

£ 200

£ 200

plus 25 per cent, per annum from so much of the annual rate of salary as is in excess of £1,600.

In no case shall the annual rate of a salary be reduced by deduction to less than £300.

(b) From salaries, fees, commissions, and other remuneration for part-time or occasional service:—

(i) in the case of artisans and other skilled labourers and persons hired to perform only subordinate duties or ordinary labour—nil;

(ii) in all other cases—five per cent, of the full amount payable.

PART IV.

From capitation grants to Convent and Monastery Schools and Fosterage Schools—seven per cent. per annum.