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14 1950

SOCIAL WELFARE ACT, 1950

PART II.

Dissolution of Cumann an Arachais Naisiunta ar Shlainte.

Dissolution the Society.

5. —(1) The Society shall, by virtue of this subsection, be dissolved and cease to exist.

(2) The functions which the Society had immediately before the transfer day are hereby transferred to the Minister and shall be performed by him.

(3) Nothing in this section shall affect the rights or obligations under the Acts of insured persons or of employers.

Extension of certain provisions.

6. —The provisions of or made under the Acts which would, if this Part of this Act had not come into operation, apply only to insured persons being members of the Society shall apply to all insured persons.

Transfer of officers and employees of the Society.

7. —(1) Subject to subsection (6) of this section, where a person was, immediately before the transfer day, an officer or employee of the Society, such person is hereby, notwithstanding anything contained in any other enactment, appointed to a situation in the civil service of the Government, and for the purposes of the Superannuation Acts, 1834 to 1947, he shall be deemed to have been paid out of moneys provided by the Oireachtas throughout his service under the Society and his previous service (if any) under any approved society.

(2) Where a person who is appointed to a situation in the civil service of the Government by virtue of subsection (1) of this section was, immediately before the transfer day, a member of the pension fund, such situation shall be a permanent situation and such of his service under the Society and of his previous service (if any) under any approved society as, but for this Part of this Act, would be reckonable as pensionable service for the purposes of the pension scheme shall be treated as established service for the purposes of the Superannuation Acts, 1834 to 1947.

(3) Where a person who is appointed by virtue of subsection (1) of this section to a situation in the civil service of the Government was, immediately before the transfer day, serving a period of probation on the satisfactory completion of which he would have become a member of the pension fund—

(a) his service on and after the transfer day shall be reckonable towards completion of the period of probation, and

(b) on completion of the period of probation and if then deemed satisfactory by the Minister—

(i) he shall hereby, notwithstanding anything contained in any other enactment, be appointed to a permanent situation in the civil service of the Government, and

(ii) any service rendered during the period of probation, which, but for this Part of this Act, would have been treated as pensionable service for the purposes of the pension scheme, shall be treated as established service for the purposes of the Superannuation Acts, 1834 to 1947.

(4) In any application of the Superannuation Acts, 1834 to 1947, to a female person to whom subsection (2) or subsection (3) of this section applies, any provisions of those Acts applicable to her on account of her being a female person shall not apply to her and, in lieu thereof, the corresponding provisions of those Acts applicable to male persons shall apply to her.

(5) Where a person who is appointed by virtue of subsection (1) of this section to a situation in the Civil Service of the Government was, immediately before the transfer day, in receipt of a pension under the Military Service Pensions Acts, 1924 to 1949, the amount of any suspension (whether total or partial) to which the pension becomes liable from time to time as a result of the said appointment shall be recouped to such person by the Minister out of moneys provided by the Oireachtas.

(6) The foregoing provisions of this section shall not apply to—

(a) a person who has intimated to the Minister in writing that he elects that this section shall not apply to him, or

(b) a person whose office or employment is professional or technical.

Termination of pension scheme and pension fund.

8. —(1) The pension scheme and the pension fund shall, by virtue of this subsection, be terminated and cease to exist.

(2) All property, whether real or personal (including choses-in-action), which, immediately before the transfer day, was vested in the trustees of the pension fund shall, on the transfer day and without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become vested in the Minister for Finance and shall be paid into, disposed of or held by him for the benefit of the Exchequer.

(3) Every existing liability and every contingent liability of the pension fund shall, on the transfer day, become a liability of the Minister for Finance and shall be discharged by him out of moneys provided by the Oireachtas.

(4) All property vested in the Minister for Finance by subsection (2) of this section, which, on the transfer day, is standing in the books of any bank, corporation or company in the names of the trustees of the pension fund shall, upon the request of the Minister for Finance, be transferred in such books into the name of that Minister.

(5) Every chose-in-action vested in the Minister for Finance by subsection (2) of this section may be sued upon, recovered or enforced by that Minister in his own name, and it shall not be necessary for him to give notice to the person bound by such chose-in-action of the vesting effected by this section.

(6) Where—

(a) any general increase of remuneration was granted to the officers and employees of the Society after the 31st day of March, 1949, and before the transfer day, and

(b) the subvention appropriate to that increase has not been paid into the pension fund before the transfer day,

there shall be paid to the Minister for Finance out of the Fund such amount as that Minister, after consultation with the Minister, fixes as the amount equivalent to the said subvention and, on such amount being so paid, it shall be paid into, disposed of or held by the Minister for Finance for the benefit of the Exchequer.

(7) In this section—

the expression “existing liability” means, in relation to the pension fund, any sum which, immediately before the transfer day, stood due and payable out of that fund;

the expression “contingent liability” means, in relation to the pension fund, any sum, which, but for this Part of this Act, would, on or after the transfer day, become due and payable out of that fund on foot of a periodical allowance which was granted before the transfer day.

Transfer of stocks, shares and securities of the Society.

9. —(1) All stocks, shares and securities which, immediately before the transfer day, were held by the trustees of the Society or by the Minister on behalf of the Society under paragraph (b) of subsection (1) of section 56 of the Act of 1911, as amended by subsection (4) of section 5 of the National Health Insurance Act, 1920, shall, on the transfer day and without any assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become vested in the Minister for Finance to be held by him on behalf of the Fund.

(2) Stocks, shares or securities vested in the Minister for Finance by this section which, on the transfer day, are standing in the books of any bank, company or corporation in the name of the trustees of the Society or in the name of the Minister shall, upon the request of the Minister for Finance, be transferred in such books into the name of the Minister for Finance.

Transfer of other property of the Society.

10. —(1) Excepting the stocks, shares and securities specified in section 9 of this Act, all property, whether real or personal (including choses-in-action), which immediately before the transfer day, was vested in the Society in its own name or vested in the trustees of the Society shall, on the transfer day and without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, become vested in the Minister to be held by him on behalf of the Fund.

(2) Moneys vested in the Minister by this section which, on the transfer day, are standing in the books of any bank in the name of the Society or in the name of the trustees of the Society shall, upon the request of the Minister, be transferred in such books into the name of the Minister.

(3) Every chose-in-action vested in the Minister by this section may be sued upon, recovered or enforced by the Minister in his own name, and it shall not be necessary for him to give notice to the person bound by such chose-in-action of the vesting effected by this section.

(4) The Minister may dispose of any property which is vested in him by this section and any moneys which he receives in respect of any such disposal shall be paid into the Fund.

Transfer of liabilities of the Society.

11. —Every debt and other liability of the Society which existed immediately before the transfer day shall on that day become and be a debt or liability of the Minister and shall be discharged by him out of the Fund.

Cesser of Reserve Fund.

12. —(1) The Reserve Fund shall, by virtue of this subsection, cease to exist.

(2) All sums (including sums represented by stocks, shares or securities) which, immediately before the transfer day, were standing to the credit of the Reserve Fund shall, on the transfer day, be carried to the credit of the Fund and shall form part thereof.

Cesser of Guarantee Fund.

13. —(1) The Guarantee Fund shall, by virtue of this subsection, cease to exist.

(2) All sums (including sums represented by stocks, shares or securities) which, immediately before the transfer day were standing to the credit of the Guarantee Fund shall, on the transfer day, be carried to the credit of the Fund and shall form part thereof.

Investment of surplus sums in the Fund.

14. —(1) Notwithstanding any other provision of the Acts, all sums standing to the credit of the Fund and not required to meet current expenditure shall be paid over to the Minister for Finance and retained by him until they are so required, and while such moneys are retained by the Minister for Finance, they shall be invested by him on behalf of the Fund, in accordance with regulations made by him, in any securities in which trustees are for the time being by law empowered to invest trust funds or in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank funds.

(2) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House, within the next twenty-one days on which it sits after the regulation is laid before it, passes a resolution annulling the regulation, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Amendment of section 3 of Act 1911 and section 17 of National Health Insurance Act, 1947.

15. —In the case of the financial year in which the transfer day occurs and every subsequent financial year, the amount expended on the administration of benefits under the Acts shall, for the purposes of section 3 of the Act of 1911 and section 17 of the National Health Insurance Act, 1947 (No. 9 of 1947), be deemed to be the aggregate of—

(a) the sum of two hundred and fifteen thousand pounds, and

(b) the sum paid out of the Medical Certification Fund in the financial year in question.

Contributions (representing costs of administration) from Fund to expenses of administration of the Acts and this Act.

16. —(1) In every financial year, a sum (representing the costs of administration formerly borne by the Society) of two hundred and fifteen thousand pounds shall be paid out of the Fund and appropriated in aid of the moneys provided by the Oireachtas for expenses of the administration of the Acts and this Act.

(2) If this Part of this Act commences on a day which is not the first day of the financial year then current, the reference to the sum of two hundred and fifteen thousand pounds in subsection (1) of this section shall, as respects that financial year, be construed as a reference to the sum bearing the same proportion to two hundred and fifteen thousand pounds as the part of that financial year after such commencement bears to a complete year.

(3) The amounts appropriated pursuant to this section shall discharge any recurring liabilities, arising on or after the transfer day on account of subsection (2) of section 8 of this Act, of the Minister to the Minister for Finance.

Contributions (representing appropriations) from Fund to expenses of administration of the Acts and this Act.

17. —In the case of the financial year in which the transfer day occurs and every subsequent financial year, in lieu of making the appropriation required by section 7 of the National Health Insurance Act, 1942 (No. 5 of 1942), a sum of fifteen thousand pounds shall be paid out of the Fund and appropriated in aid of the moneys provided by the Oireachtas for the expenses of administration of the Acts and this Act.

General power to Minister.

18. —The Minister may do all such things as he considers necessary or expedient for the purpose of winding up the affairs of the Society.

Repeal of section 2 of National Health Insurance Act, 1942.

19. —(1) Section 2 of the National Health Insurance Act, 1942 (No. 5 of 1942), is hereby repealed.

(2) In subsection (4) of section 3 of the National Health Insurance Act, 1942 (No. 5 of 1942), for the words “the amount determined by the Minister under this section in relation to such year” there shall be substituted the words “such amount (not being less, in the case of the year ending on the 31st day of March, 1951, and of the year ending on the 31st day of March, 1952, than three hundred thousand pounds) as may be fixed with respect to the year in question by the Minister for Social Welfare with the consent of the Minister for Finance”.

Modification and application of enactments.

20. —(1) Every provision of or made under the Acts shall, subject to any order under subsection (2) or subsection (3) of this section, have effect with such modifications and adaptations as may be necessary for giving effect to this Part of this Act.

(2) The Minister may by order make, in respect of any provision of or made under the Acts, such modifications and adaptations as appear to him to be necessary or expedient for giving effect to this Part of this Act.

(3) The Minister may by order make such applications (whether with or without modifications) to National Health Insurance of any provisions of or made under the Unemployment Insurance Acts, 1920 to 1948, or the Widows' and Orphans' Pensions Acts, 1935 to 1948, as appear to him to be necessary or expedient for giving effect to this Part of this Act and any provisions so applied shall have effect notwithstanding any provisions of or made under the Act.

(4) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House, within the next twenty-one days on which it sits after the order is laid before it, passes a resolution annulling the order, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(5) An order under this section which will affect accounts or moneys of the Society or of the Fund shall be subject to the sanction of the Minister for Finance.