In short
This law makes special provisions for the superannuation (pension) rights of local authority employees who were transferred to the Electricity Supply Board and later returned to local authority service. It ensures their service with the Electricity Supply Board counts towards their pension when they return to a local authority.
What it regulates
- The superannuation rights of certain employees.
- How service periods are calculated for pension purposes for these employees.
- The refunding of a portion of allowances or gratuities by the Electricity Supply Board to local bodies.
- The process for determining the amount of such refunds if there is no agreement.
Who it concerns
- Employees of local authorities who were transferred to the Electricity Supply Board.
- Local authorities and their successors that employ these individuals.
- The Electricity Supply Board.
Key points
- Employees who moved from a "former undertaker" (local body) to the Electricity Supply Board and then back to the same local body or its successor can count their service with the Board towards their superannuation.
- This applies if the employee was continuously employed by the Board from the date of transfer to the Board until their transfer back to the local body.
- If an allowance or gratuity is paid, the Electricity Supply Board must refund a part of it to the local body.
- The amount of the refund, if not agreed upon, will be fixed by the Minister for Local Government and Public Health.
đ Legal text
Local Authorities (Electrical Employees) Act, 1937
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1937
Local Authorities (Electrical Employees) Act, 1937
Local Authorities (Electrical Employees) Act, 1937
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Number 13 of 1937.
LOCAL AUTHORITIES (ELECTRICAL EMPLOYEES) ACT, 1937.
ARRANGEMENT OF SECTIONS
Section
1.
Definitions.
2.
Preservation of superannuation rights.
3.
Short title.
Acts Referred to
Local Government Act, 1925
No. 5 of 1925
Electricity (Supply) Act, 1927
No. 27 of 1927
Number 13 of 1937.
LOCAL AUTHORITIES (ELECTRICAL EMPLOYEES) ACT, 1937.
AN ACT TO MAKE SPECIAL PROVISION IN RELATION TO THE SUPERANNUATION RIGHTS OF EMPLOYEES OF A LOCAL AUTHORITY WHO WERE TRANSFERRED BY STATUTE TO THE ELECTRICITY SUPPLY BOARD AND SUBSEQUENTLY RETURN TO THE SERVICE OF SUCH LOCAL AUTHORITY OR ITS SUCCESSOR. [21st May, 1937.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTĂT EIREANN AS FOLLOWS:â
Definitions.
1.âIn this Actâ
the expression âlocal bodyâ has the same meaning as it has in Part IV of the
Local Government Act, 1925
(No. 5 of 1925);
the expression âthe Boardâ means the Electricity Supply Board;
the expression âthe Act of 1927â means the
Electricity (Supply) Act, 1927
(No. 27 of 1927);
the expression âauthorised undertakerâ and the word âundertakingâ have the same meanings respectively as they have in the Act of 1927;
the expression âformer undertakerâ means a local body which was an authorised undertaker whose undertaking was acquired by the Board under the Act of 1927;
the word âsuccessorâ when used in relation to a former undertaker means a local body to which the general powers, duties, and functions and the officers and servants of such former undertaker have, after the acquisition by the Board of the undertaking of such former undertaker, been transferred by statute.
Preservation of superannuation rights.
2.â(1) Where a person in the employment of a former undertaker became, on the acquisition by the Board of the undertaking of such former undertaker, a servant of the Board by virtue of
section 39
of the Act of 1927 and was subsequently transferred (whether before or after the passing of this Act) directly from the employment of the Board to the employment of such former undertaker or of a successor of such former undertaker, then and in such case, whenever the service of such person is being determined for the purpose of ascertaining whether he is or is not entitled to an allowance or gratuity on ceasing to be employed by such former undertaker or such successor or any other local body and for the purpose of ascertaining the amount of such allowance or gratuity, such person shall, provided he was continuously in the employment of the Board from the date on which he so became a servant of the Board to the date on which he was so transferred from the employment of the Board, be entitledâ
(a) if he was so transferred from the employment of the Board to the employment of such former undertaker, to reckon his service in the employment of the Board as service in the employment of such former undertaker, or
(b) if he was so transferred from the employment of the Board to the employment of a successor of such former undertaker, to reckon both his service in the employment of such former undertaker and his service in the employment of the Board as service in the employment of such successor.
(2) Whenever an allowance or gratuity is payable by a local body to any person in respect of his ceasing to be employed by such local body and, in ascertaining the service of such person at the date of such cesser, any service of such person in the employment of the Board has, by virtue of this Act, been aggregated and reckoned, the Board shall refund to such local body a part of such allowance or gratuity, reckoned according to the service and pay of such person in the employment of the Board and to the circumstances in which he has ceased to be employed by such local body, and the amount of such part shall, in default of agreement between such local body and the Board, be fixed by the Minister for Local Government and Public Health.
Short title.
3.âThis Act may be cited as the Local Authorities (Electrical Employees) Act, 1937.
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