Local, Government (Superannuation) Act, 1948

Local, Government (Superannuation) Act, 1948 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1948 Local, Government (Superannuation) Act, 1948 Local, Government (Superannuation) Act, 1948 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 4 of 1948. LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1948. ARRANGEMENT OF SECTIONS PART I. Preliminary and General. Section 1. Short title. 2. Definitions. 3. Laying of regulations before Oireachtas. 4. Commencement of Part II. 5. Commencement of Part III. 6. Expenses of the Minister. 7. Repeals. Part II. Established Officers. 8. Register of established officers. 9. Record in the register of salaries, emoluments, and offices. 10. Removal from the register of person ceasing to be pensionable officer. 11. Notification to local authority of cesser of office under another local authority. 12. Certain existing enactments not to apply to established officer. 13. General limitations on service to be reckoned by established officer. 14. Service as established officer. 15. Service of established officer as mental hospital officer or servant. 16. Service of established officer under harbour authority. 17. Service as school teacher. 18. Service in the civil service. 19. Service as pensionable servant. 20. Pensionable local service of established officer. 21. Addition of years to pensionable local service of established officer. 22. Service of established officer at termination of office. 23. Grant of lump sum and allowance to established officer on his ceasing to hold office. 24. Determination of lump sum granted to established officer. 25. Determination of allowance granted to established officer. 26. Reduction of lump sum and allowance of established officer for unsatisfactory service. 27. Grant of short service gratuity to established officer. 28. Grant of gratuity to legal personal representative of deceased established officer. 29. Grant of gratuity to legal personal representative of deceased grantee under section 23. 30. Grant of gratuity to female established officer on marriage. 31. Contributions by established officers. 32. Return of contributions to established officer. 33. Repayment of returned contributions. 34. Meaning of salary. 35. Calculation of pensionable remuneration of established officer. 36. Transitional provision with respect to service in the teaching of the Irish language. 37. General transitional provisions for Part II. Part III. Established Servants 38. Register of established servants. 39. Record in the register of wages and emoluments. 40. Removal from the register of person ceasing to be permanent servant, etc. 41. Certain existing enactments not to apply to established servant. 42. General limitations on service to be reckoned by established servant. 43. Service as established servant. 44. Service under other local authority. 45. Service of established servant as mental hospital officer or servant. 46. Service of established servant under harbour authority. 47. Reckoning as service period of absence on duty as member of Reserve Force of the Defence Forces. 48. Pensionable local service of established servant. 49. Grant of allowance to established servant on his ceasing to hold employment. 50. Determination of allowance granted to established servant. 51. Reduction of allowance of established servant for unsatisfactory service. 52. Grant of short service gratuity to established servant. 53. Grant of gratuity to legal personal representative of deceased established servant. 54. Grant of gratuity to legal personal representative of deceased grantee under section 49. 55. Grant of gratuity to female established servant on marriage. 56. Contributions by established servants. 57. Return of contributions of established servant. 58. Meaning of wages. 59. Calculation of pensionable remuneration of established servant. 60. Alteration of maximum number of permanent servants. 61. Provisions with respect to certain absences from employment. 62. Age limits for established servants. 63. Transitional provisions for Part III. Part IV. Miscellaneous. 64. Local authority by whom payment is to be made. 65. Recovery of payment by Minister of State. 66. Refund in respect of service under another authority. 67. Variation of part of allowance granted to established officer or servant in receipt of bonus. 68. Cancellation of allowance on conviction of offence. 69. Ascertainment of continuance of infirmity. 70. Determination by the Minister of certain doubts, etc. 71. Regulations specifying classes of fire brigade officers and servants. 72. Regulations permitting reckoning by officer of vocational education committee of service as teacher. 73. Appeals to the Minister. 74. Area of charge of payment of local authority. 75. Suspension or reduction of allowance on reappointment of recipient. 76. Assignment of allowance, etc. 77. Gratuity or allowance in case of injury. 78. Particulars of benefits in advance of retirement. 79. Increase of allowance in certain cases. 80. General provision as to allowance being for life. 81. Age limits for officers and servants of Dublin Fever Hospital Board and Cork Fever Hospital Board. 82. Officer of local authority becoming civil servant. 83. Civil servant becoming officer of local authority. 84. Special provisions for certain cases. 85. Preservation of continuity of service of servants of Limerick Corporation. 86. Validation of certain superannuation allowances granted by Cork Corporation. 87. Meaning of pensionable officer in Part IV of Act of 1925. 88. Application of Part IV of the Act of 1925 to certain permanent servants. 89. Reckoning of service in the civil service in certain cases. 90. Reckoning of service as school teacher in certain cases. 91. Reckoning of service under harbour authority in certain cases. 92. Allowances under Part IV of the Act of 1925 to officers in receipt of cost of living bonus. 93. Allowances and gratuities under Part IV of Act of 1925 without consent of Minister. SCHEDULE Acts Reffered to Local Government Act, 1925 No. 5 of 1925 Superannuation Act, 1936 No. 39 of 1936 Fire Brigades Act, 1940 No. 7 of 1940 Harbours Act, 1946 No. 9 of 1946 Mental Treatment Act, 1945 No. 19 of 1945 Local Government Act, 1941 No. 23 of 1941 Agriculture (Amendment) Act, 1944 No. 3 of 1944 Vocational Education (Amendment) Act, 1944 No. 9 of 1944 Vocational Education Act, 1930 No. 29 of 1930 Public Assistance Act, 1939 No. 27 of 1939 Number 4 of 1948. LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1948. AN ACT TO PROVIDE FOR SUPERANNUATION AND COMPENSATION FOR LOSS OF OFFICE OR EMPLOYMENT FOR OFFICERS AND SERVANTS OF CERTAIN AUTHORITIES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [14th January, 1948.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Preliminary and General. Short title. 1.—This Act may be cited as the Local Government (Superannuation) Act, 1948. Definitions. 2.—In this Act— the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925); the expression “the appropriate Minister” means— (a) in case the local authority in question are a vocational education committee, the Minister for Education, (b) in case the local authority in question are a committee of agriculture, the Minister for Agriculture, (c) in any other case, the Minister; the expression “the civil service,” when used without qualification includes, in addition to the civil service of the Government the civil services mentioned in paragraphs (a), (b), (e) and (f) of sub-section (1) of section 2 of the Superannuation Act, 1936 (No. 39 of 1936); the word “emolument” means any apartments, rations, or other perquisite in kind (or, as the case may require, a monetary payment given in lieu of such apartments, rations, or other perquisites) appertaining to an office or employment; the expression “established officer” means an officer of a local authority whose name is entered in the register of established officers maintained by such local authority under section 8 of this Act; the expression “established position”, when used in relation to the civil service, has the same meaning as it has in the Superannuation Act, 1936 (No. 39 of 1936); the expression “established servant” means a servant of a local authority whose name is entered in the register of established servants maintained by such local authority under section 38 of this Act; the expressions “fire brigade officer” and “fire brigade servant” mean respectively an officer or a servant of a fire brigade authority under the Fire Brigades Act, 1940 (No. 7 of 1940), coming within a class specified in regulations under section 71 of this Act; the expression “harbour authority” means a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946); the expression “local body” has the same meaning as it has in Part IV of the Act of 1925; the expression “local authority” means, subject to subsection (7) of section 5 of this Act, any of the following bodies:— (a) a local authority for the purposes of the Local Government Acts, 1925 to 1946, other than a mental hospital board, (b) a vocational education committee, (c) a committee of agriculture, (d) a school attendance committee, (e) the Dublin Fever Hospital Board, (f) the Cork Fever Hospital Board; the expression “mental hospital board” means a joint board within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945); the expressions “mental hospital officer” and “mental hospital servant” mean respectively an officer or a servant whose duties relate wholly to the functions now vested in a mental hospital authority under the Mental Treatment Act, 1945 (No. 19 of 1945); the expression “the Minister” means the Minister for Local Government; the word “officer” does not include a mental hospital officer or a person holding any of the offices mentioned in section 17 of the Local Government Act, 1941 (No. 23 of 1941); the expression “pensionable local service” means— (a) in relation to an established officer, his pensionable local service determined under Part II of this Act, (b) in relation to an established servant, his pensionable local service determined under Part III of this Act, (c) in relation to a pensionable officer to whom Part IV of the Act of 1925 applies, his service for the purposes of the said Part IV, (d) in relation to a pensionable officer to whom any Act passed before the Act of 1925 and relating to superannuation applies, his service for the purposes of that Act; the expression “pensionable officer” means a permanent officer who— (a) devotes the whole of his time to the service of one or more than one local authority, (b) in the case of an officer who acts as superintendent registrar of births, deaths and marriages or as registrar of marriages, devotes the remainder of his time to the service of one or more than one local authority, (c) is required to be a registered medical practitioner or a nurse or a midwife, or (d) is a pensionable officer for the purposes of Part IV of the Act of 1925; the expression “pensionable office” means the office of a pensionable officer; the expression “permanent officer” means an officer other than an officer appointed— (a) for a specified period only, (b) until the completion of a specified work or duty, (c) until the appointment of another person to the office, or (d) during the absence or incapacity of another person; the expression “permanent servant” means a servant whose employment is of a permanent and whole-time character and is not employment (other than employment in a supervising capacity) on any work or scheme of works the expenses of which are in whole or in part met from moneys provided by the Oireachtas for the provision of employment and the relief of distress; the word “servant” does not include a mental hospital servant; the expression “the Superannuation Acts” means the Superannuation Acts, 1834 to 1946; the word “unfitness” means unfitness of an officer or servant for his office or employment, but does not include unfitness due to physical or mental infirmity or old age. Laying of regulations before Oireachtas. 3.—Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Commencement of Part II. 4.— Part II of this Act shall come into operation on such day as the Minister by order appoints for that purpose. Commencement of Part III. 5.—(1) A local authority may by resolution decide to adopt Part III of this Act as on and from a specified date not earlier than one month after the date of the resolution. (2) A resolution under this section shall contain a declaration of the maximum number of the persons to be at any one time in the employment of the local authority as permanent servants. (3) The passing of a resolution under this section shall be a reserved function for the purposes of the County Management Acts, 1940 and 1942, and for the purposes of the Act or Acts relating to the management of any county borough. (4) Not less than one month nor more than two months before a resolution under this section is passed, notice in writing of the intention to propose the resolution shall be given to the appropriate Minister and to either— (a) in the case of the corporation of a borough, every member of the council of the borough, or (b) in any other case, every member of the local authority. (5) Where a local authority pass a resolution under this section deciding to adopt Part III of this Act as on and from a specified date, that Part and the declaration in the resolution as to the maximum number of persons to be at any one time in the employment of the local authority shall come into operation in relation to them on that date. (6) Part III of this Act shall come into operation as provided by subsection (5) of this section and not otherwise. (7) A reference in Part III of this Act to a local authority does not include a reference to any local authority in relation to whom that Part has not come into operation. (8) The commencement of Part III of this Act in relation to a local authority shall not have the effect of applying section 53 of the Act of 1925 to such local authority. Expenses of the Minister. 6.—The expenses incurred by any Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Repeals. 7.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. PART II. Established Officers. Register of established officers. 8.—(1) A local authority shall maintain a register to be known as the register of established officers (in this Part of this Act referred to as the register). (2) Where a person becomes a pensionable officer of a local authority, the local authority shall enter his name in the register. (3) If any doubt, dispute or question arises as to whether the name of a particular person should be entered in the register, the doubt, dispute or question shall be determined by the appropriate Minister whose decision shall be final. (4) A local authority shall not enter the name of any person in the register save in accordance with this section. (5) A local authority shall keep at their principal office the register open at all reasonable times for inspection by their officers and by either— (a) in the case of the corporation of a borough, the members of the council of the borough, or (b) in any other case, the members of the local authority. Record in the register of salaries, emoluments, and offices. 9.—A local authority shall from time to time record in the register, as respects each name therein of an established officer— (a) his salary and the annual money value of his emoluments (if any) as determined under section 35 of this Act, (b) particulars of every office held by him under them or any other local authority. Removal from the register of person ceasing to be pensionable officer. 10.—(1) A local authority shall remove from the register the name of any person who ceases to be a pensionable officer of such local authority. (2) The removal of a name from the register may be effected by a note on the register indicating that the name has been removed and the date of the removal and the reinstatement of a name in the register may be effected by a note on the register indicating that the name has been reinstated and the date of the reinstatement. (3) A person aggrieved by the removal of his name by a local authority from the register may appeal against the removal to the appropriate Minister and that Minister may by order either refuse the appeal or direct the name to be reinstated in the register and, in the latter case, the local authority shall reinstate the name in the register. (4) The decision of the appropriate Minister on an appeal under this section shall be final. Notification to local authority of cesser of office under another local authority. 11.—Where an established officer of a local authority ceases to hold any office under them, they shall so inform any other local authority under whom such officer holds any office. Certain existing enactments not to apply to established officer. 12.—The provisions of any public or local Act (other than this Act) whereby a local authority is empowered to grant to any person in their service an allowance or gratuity on his ceasing to hold his position shall not apply in relation to any established officer of such local authority. General limitations on service to be reckoned by established officer. 13.—(1) A provision of this Part of this Act entitling an established officer to reckon as service any period shall be subject to the overriding qualification that he shall not be entitled so to reckon any of the following:— (a) any period in respect of which he has already received a lump sum, an allowance or a gratuity under this or any other Act relating to superannuation or under any scheme relating to superannuation made under any Act, (b) any period before he reached the age of eighteen years, (c) any period in respect of which any contributions have been returned to him under section 32 of this Act, unless he has repaid such contributions under section 33 of this Act, (d) any period in respect of which any contributions have been returned to him under section 57 of this Act, (e) any period before a date on which he was removed from office under a local authority for misconduct or for unfitness, (f) any period before a date on which he deliberately absents himself from the place where he performs his duties or refrains from performing his duties with the purpose of inducing the local authority of which he is an officer to alter his salary or conditions of service or of inducing any other local authority to alter the salaries, wages or conditions of service of any of their officers or servants. (2) Where a period of service of an officer of a local authority has, having regard to paragraph (f) of subsection (1) of this section, become forfeited— (a) the local authority shall give notice in writing of the forfeiture to the officer, (b) the officer may, not later than one month after such notice has been given to him, appeal to the appropriate Minister against the forfeiture, (c) the appropriate Minister may by order either refuse the appeal or declare that all or part of the period of service shall be restored and, in the latter case, the said paragraph (f) shall have effect subject to the declaration, (d) the decision of the appropriate Minister on the appeal shall be final. Service as established officer. 14.—An established officer of a local authority shall be entitled to reckon as service— (a) any period during which he was an established officer of that local authority, (b) any period of two years or more during which he was an established officer of any other local authority, (c) any period of less than two years during which he was an established officer of any other local authority and at the termination of which he resigned with the written sanction of such other local authority and with the consent of the appropriate Minister. Service of established officer as mental hospital officer or servant. 15.—(1) An established officer shall be entitled to reckon as service— (a) any period of two years or more during which he was a mental hospital officer or servant and which he was entitled to reckon as service for the purposes of Part VIII of the Mental Treatment Act, 1945 (No. 19 of 1945), or any earlier enactment corresponding to the said Part VIII, and (b) any period of less than two years during which he was a mental hospital officer or servant, which he was entitled to reckon as service for the purposes of Part VIII of the Mental Treatment Act, 1945 (No. 19 of 1945), or any earlier enactment corresponding to the said Part VIII and at the termination of which he resigned from his office or relinquished his employment with the written sanction of the mental hospital authority under whom he held his office or employment and with the consent of the Minister for Health, unless, if contributions were made by him during the period for the purposes of the said Part VIII or the said earlier enactment, those contributions have been paid back to him and have not been returned by him. (2) Section 91 of the Mental Treatment Act, 1945 , shall not apply in relation to an established officer. Service of established officer under harbour authority. 16.—An established officer shall be entitled to reckon as service any period during which he held a pensionable position in the service of a harbour authority. Service as school teacher. 17.—An established officer of a vocational education committee shall be entitled to reckon as service any period which he is permitted to reckon by regulations under section 72 of this Act. Service in the civil service. 18.—Where— (a) an established officer of a local authority held an established position in the civil service immediately before he was appointed to be a pensionable officer of a local authority, and (b) the Minister for Finance consented to the application to him of this section, and (c) the local authority to whose service he was appointed did not refuse at the time of such appointment to consent to the application to him of this section, the officer shall be entitled to reckon as service his service for the purposes of the Superannuation Acts prior to the date of such appointment. Service as pensionable servant. 19.—(1) An established officer of the corporation of the county borough of Dublin shall be entitled to reckon as service any continuous period ending on the day on which he first became a pensionable officer of that corporation during which he was a pensionable servant of that corporation. (2) An established officer of the corporation of the borough of Dún Laoghaire shall be entitled to reckon as service any continuous period ending on the day on which he first became a pensionable officer of that corporation during which he was a pensionable servant of that corporation. (3) A person shall not be regarded as having been, for the purposes of subsection (1) or (2) of this section, a pensionable servant of a corporation during a period unless during that period he was either an established servant of the corporation or registered in a register of permanent employees maintained by them at the commencement of this Part of this Act. (4) An established officer shall be entitled to reckon as service any continuous period ending when he first became an established officer of any local authority during which he was an established servant of any local authority. Pensionable local service of established officer. 20.—(1) For the purposes of this Act, the pensionable local service of an established officer at any time shall be the number of whole years in the period or in the aggregate of the periods which under this Part of this Act he is entitled at that time to reckon as service, any odd fraction of a whole year being disregarded. (2) Notwithstanding subsection (1) of this section, where the number of whole years in the period or in the aggregate of the periods which under this Part of this Act a fire brigade officer is entitled to reckon as service, any odd fraction of a whole year being disregarded, is twenty-one or more, then, for the purposes of this Part of this Act, the pensionable local service of such officer shall be that number of years together with the excess of that number of years over twenty years. Addition of years to pensionable local service of established officer. 21.—(1) Where an established officer of a local authority has not less than ten years of pensionable local service and— (a) he is removed from his office for a cause other than misconduct or unfitness, (b) his office is abolished, or (c) his position has, in the opinion of the appropriate Minister, been materially altered to his detriment by changes in its conditions made without reasonable cause and he resigns his office with the consent of the appropriate Minister, the local authority shall add to his pensionable local service such number of additional years as may be sanctioned by the Minister, but not exceeding— (i) if his pensionable local service is twenty years or more—ten additional years, (ii) if his pensionable local service is an even number of years less than twenty—half that number of additional years, or (iii) if his pensionable local service is an odd number of years less than twenty—half the next lower whole number of additional years. (2) Where— (a) an established officer of a local authority who has not less than ten years of pensionable local service ceases to hold his office otherwise than by removal for his misconduct or unfitness for his office and in circumstances such that subsection (1) of this section does not apply, and (b) there are, in the opinion of the local authority, special reasons which justify the addition of years to his pensionable local service, the local authority, if they so think fit, may, with the consent of the Minister, add to his pensionable local service a number of additional years not exceeding ten. Service of established officer at termination of office. 22.—For the purposes of this Part of this Act, the service of an established officer at the termination of his office shall be his pensionable local service together with any additional years added under section 21 of this Act. Grant of lump sum and allowance to established officer on his ceasing to hold office. 23.—(1) Where— (a) an established officer of a local authority ceases to hold his office and is not appointed to another pensionable office under a local authority or to be an officer for the purposes of Part VIII of the Mental Treatment Act, 1945 (No. 19 of 1945), and (b) the local authority either are of opinion that in general he has served in such office with diligence and fidelity and to their satisfaction or, not being of that opinion, they nevertheless decide that, in the special circumstances of his case, he should be granted a reduced lump sum and allowance, the local authority shall grant him a lump sum and allowance in any of the cases specified in subsection (2) of this section. (2) The cases referred to in subsection (1) of this section are the following:— (a) where the officer has ceased to hold his office otherwise than by removal and— (i) he has attained the age of sixty years and has not less than twenty years of pensionable local service. (ii) he is a fire brigade officer, has attained the age of fifty-five years and has not less than twenty years of pensionable local service, or (iii) he has become incapable of performing his duties by reason of permanent infirmity of mind or body and has not less than ten years of pensionable local service; (b) where the officer was removed from his office for a cause other than misconduct or unfitness and has not less than ten years of pensionable local service; (c) where the office of the officer was abolished and he has not less than ten years of pensionable local service; (d) where the position of the officer was, in the opinion of the appropriate Minister, materially altered to his detriment by changes in its conditions made without reasonable cause and he resigned his office with the consent of the appropriate Minister having not less than ten years of pensionable local service; (e) where the officer has ceased to hold his office on account of having attained the age limit therefor and has not less than ten years of pensionable local service. Determination of lump sum granted to established officer. 24.—The amount of the lump sum to be granted under section 23 of this Act to an established officer shall be equal to— (a) one-thirtieth of his pensionable remuneration multiplied by the number of the years of his service at the termination of his office, or (b) one and one-half times his pensionable remuneration, whichever is the less. Determination of allowance granted to established officer. 25.—The allowance to be granted to an established officer under section 23 of this Act on his ceasing to hold office shall be— (a) an allowance at the rate per annum of one-eightieth of his pensionable remuneration multiplied by the number of the years of his service at the termination of his office, or (b) an allowance at the rate per annum of one-half of his pensionable remuneration, whichever is the less. Reduction of lump sum and allowance of established officer for unsatisfactory services. 26.—Where a local authority decide under section 23 of this Act that an established officer shall be granted a reduced lump sum and allowance, they shall reduce the amount of the lump sum and the rate per annum of the allowance granted to him under section 23 of this Act below the amount and rate that would be appropriate therefor under sections 24 and 25 of this Act and to an extent not less than fifty per cent. Grant of short service gratuity to established officer. 27.—Where an established officer of a local authority having not less than one year and less than ten years of pensionable local service ceases to hold his office on account of being incapable of performing his duties by reason of permanent infirmity of mind or body, the local authority shall grant to him a gratuity of such amount, not exceeding one-twelfth of his pensionable remuneration multiplied by the number of the years of his pensionable local service, as they consider proper. Grant of gratuity to legal personal representative of deceased established officer. 28.—(1) Where an established officer of a local authority dies in office having not less than five years of pensionable local service, the local authority shall grant to his legal personal representative a gratuity of an amount equal to— (a) one-thirtieth of his pensionable remuneration multiplied by the number (subject to a maximum of forty-five) of such years of pensionable local service, or (b) his pensionable remuneration, whichever is the greater. (2) Where an established officer of a local authority dies in office having not less than one year and less than five years of pensionable local service, the local authority shall grant to his legal personal representative a gratuity of such amount, not exceeding one-twelfth of his pensionable remuneration multiplied by the number of the years of his pensionable local service, as they consider proper. Grant of gratuity to legal personal representative of deceased grantee under section 23. 29.—Where a person, who was an established officer of a local authority and who was granted under section 23 of this Act a lump sum and allowance on ceasing to hold office, dies before the total of all the sums received by him on foot of the lump sum and allowance is equal to his pensionable remuneration, the local authority shall grant to his legal personal representative a gratuity equal to the difference between the said total amount and the said pensionable remuneration. Grant of gratuity to female established officer on marriage. 30.—Where a female established officer of a local authority who has not less than five years of pensionable local service ceases to hold her office by reason of her marriage or intended marriage and, before the expiration of three months after such cesser, she produces to the local authority a marriage certificate showing that she has been married, the following provisions shall have effect:— (a) if the local authority are of opinion that she has served in her office with diligence and fidelity and to their satisfaction, the local authority shall grant to her a gratuity of an amount equal to— (i) one-twelfth of her pensionable remuneration multiplied by the number of years of her pensionable local service, or (ii) her pensionable remuneration, whichever is the less; (b) if the local authority, although not being of opinion that she has served in her office with diligence and fidelity and to their satisfaction, nevertheless decide that in the special circumstances of the case, she should be granted a reduced gratuity, they shall grant to her a gratuity of an amount equal to the amount that would be appropriate under paragraph (a) of this section reduced to such extent, not less than fifty per cent., as they consider proper. Contributions by established officers. 31.—(1) An established officer of a local authority shall contribute to such local authority for the purposes of this Part of this Act at the rate per annum of five per cent. of— (a) his annual salary, and (b) the annual value as determined under section 35 of this Act of his emoluments, if any. (2) The contribution to be made by an established officer of a local authority under this section may be obtained by such local authority by means of periodical deductions from his salary, but, if any such deduction proper to be made by a local authority from his salary is not made, such local authority may, without prejudice to any other remedy, recover the amount by retaining it out of any sums due by them to him or out of any lump sum or allowance payable by them to or in respect of him. (3) Where, under section 64 of this Act, lump sums, allowances or gratuities granted by a local authority are paid by another local authority, the first-mentioned local authority shall from time to time (but not less frequently than once in each quarter) transfer to the other local authority— (a) in case the first-mentioned local authority are a vocational education committee—one-half of all sums received by them by way of contribution under this section, (b) in any other case—the whole of all such sums. Return of contributions to established officer. 32.—(1) In this Part of this Act, the expression “the contributions” means, in relation to an established officer, the aggregate amount of— (a) any contributions made by him under section 31 of this Act, (b) where he has made any contributions under section 56 of this Act, those contributions, (c) where he has made contributions under section 85 of the Mental Treatment Act, 1945 (No. 19 of 1945), those contributions, (d) where he has made contributions under the Asylum Officers' Superannuation Act, 1909, those contributions, but exclusive of any of the said contributions which have been returned to him and which he has not repaid. (2) Where an established officer of a local authority who has less than ten years of pensionable local service ceases to hold his office for any cause other than misconduct and is not granted a gratuity under section 28 of this Act, the local authority shall return to him the contributions. (3) Where an established officer of a local authority who has less than one year of pensionable local service dies, the local authority shall return the contributions to his legal personal representative. (4) Where an established officer of a local authority having not less than ten years of pensionable local service ceases to hold his office for any cause other than misconduct, does not accept any other pensionable office under a local authority and is not entitled to a lump sum and allowance under section 23 of this Act or a marriage gratuity under section 30 of this Act, the local authority shall return to him the contributions. (5) Where an established officer of a local authority is removed from office for misconduct, the local authority may, if they are of opinion that there are special reasons for so doing, return to him the contributions. (6) Where a local authority return the contributions and the amount returned includes a sum for contributions made by the officer in question and held by another local authority or a mental hospital board, that authority or board shall refund such sum to the local authority who returned the contributions. (7) The proviso to subsection (1) of section 31 of the Finance Act, 1922 , shall apply in relation to a return of contributions made under this section. Repayment of returned contributions. 33.—Where, after the contributions have been returned under section 32 of this Act to an established officer of a local authority on his ceasing to be an established officer, he again becomes an established officer of a local authority by virtue of a subsequent appointment, he shall be entitled, before (but not after) the expiration of twelve months after the subsequent appointment, to repay to the first-mentioned local authority the amount so returned by them for the purpose of enabling him to reckon as pensionable local service his period of such service before such cesser and, if he does repay the said amount and any other local authority or any mental hospital board refunded any part of it, the first-mentioned local authority shall repay to the other local authority or mental hospital board the amount of the refund. Meaning of salary. 34.—(1) In this Part of this Act, the word “salary”— (a) does not include any of the following:— (i) payments for overtime, (ii) travelling expenses or other allowances to cover particular expenses, (iii) payments for acting as clerk to a local pensions committee under section 8 of the Old Age Pensions Act, 1908, or to a sub-committee appointed by any such committee, (iv) payments for acting as superintendent registrar of births, deaths and marriages or as registrar of marriages, (v) payments for special work of a casual or temporary nature or for filling a position temporarily or as a substitute pending a permanent appointment; (b) subject to paragraph (a) of this subsection, includes all fees, poundages and other payments in money to an officer as such for his own use. (2) The Minister may, if he thinks fit, by order direct that payments of a specified kind, being a kind mentioned in sub-paragraph (i) or (v) of paragraph (a) of subsection (1) of this section, shall be for the purposes of this Part of this Act part of the salary of a particular officer or of every officer, and thereupon, notwithstanding subsection (1) of this section, the word “salary” shall in this Part of this Act, include, as respects that officer or every officer (as may be appropriate) payments of that kind. Calculation of pensionable remuneration of established officer. 35.—(1) A local authority shall, from time to time and whenever so directed by the Minister, determine the annual money value of every (if any) emolument of an established officer and shall keep displayed, in every office or institution which they maintain and in a conspicuous position accessible to their officers, a list of the values so determined of the emoluments of the established officers employed in or from such office or institution. (2) A determination under subsection (1) of this section shall be subject to the sanction of the Minister. (3) Where an established officer is in receipt of a particular rate of salary on any day, his pensionable remuneration for the purposes of this Part of this Act on that day shall be— (a) in case the period or the aggregate of the periods which under this Part of this Act he is entitled to reckon as service is not less than three years— (i) if, during the whole of the period or periods comprising the last three years of the period or the aggregate of the periods which under this Part of this Act he is entitled to reckon as service, he was either in receipt of salary at the said particular rate or was in the same grade of officers—the amount of salary which he would receive in a year calculated by reference to the said particular rate, or (ii) in any other case—one-third of the aggregate of the amounts received by him by way of salary during the said period or periods comprising the said three years, or, in a case where he was not on full salary during the whole of the said period or periods, one-third of the aggregate of the amounts which he would have so received if he had been on full salary during the whole of the said period or periods, or (b) in case the period or the aggregate of the periods which under this Part of this Act he is entitled to reckon as service is less than three years— (i) if, during the whole of the said period or periods, he was either in receipt of salary at the said particular rate or was in the same grade of officers—the amount of salary which he would receive in a year calculated by reference to the said particular rate, or (ii) in any other case—the monthly average, multiplied by twelve, of the amounts received by him by way of salary during the said period or periods or, in a case where he was not on full salary during the whole of the said period or periods, the monthly average, multiplied by twelve, of the amount which he would have so received if he had been on full salary during the whole of the said period or periods, together with the annual value as then determined under subsection (1) of this section of his emoluments, if any. Transitional provision with respect to service in the teaching of the Irish language. 36.—(1) An established officer of a vocational education committee shall be entitled to reckon as service any period which is, as respects such officer, a period to which this section applies. (2) A period— (a) which began after an established officer of a vocational education committee attained the age of twenty-one years and ended before the 31st of July, 1924, and (b) as respects which the Minister for Education is satisfied that during the whole thereof such officer devoted the whole of his time under the direction of Connradh na Gaedhilge to the teaching of the Irish language or to the organisation of such teaching, shall, as respects such officer, be a period to which this section applies if it is five years or more in duration or it is one of two or more such periods as aforesaid amounting in the aggregate to five years or more in duration. General transitional provisions for Part II. 37.—(1) Where on the commencement of this Part of this Act a person is a pensionable officer of a local authority and, on the 1st day of January, 1947, he had not reached— (a) in case he is a fire brigade officer, the age of fifty-five years, or (b) in any other case, the age of sixty years, he may, within but not later than six months after such commencement, apply in writing to the local authority to enter his name in the register and thereupon the local authority shall enter his name in the register and the entry shall have effect as if it had been made on such commencement. (2) Where on the commencement of this Part of this Act a person is a pensionable officer of a local authority, his name shall not be entered in the register of any local authority unless the entry is made under subsection (1) of this section or it is made after his name has been entered under that subsection. (3) A person whose name is entered under subsection (1) of this section shall be entitled to reckon as service his service at the commencement of this Part of this Act for the purposes of Part IV of the Act of 1925 or for the purposes of such Act passed before the Act of 1925 and relating to superannuation as may apply to him. (4) Subsection (1) of section 15 of this Act shall apply in relation to a person whose name is entered under subsection (1) of this section as if the words “of two years or more” in paragraph (a) and the whole of paragraph (b) were omitted. (5) Where a person whose name is entered under subsection (1) of this section held an established position in the civil service when he was appointed to be a pensionable officer of a local authority, section 18 of this Act shall apply in relation to him as if paragraphs (b) and (c) thereof were omitted. (6) Where an established officer was a pensionable officer on the date of the passing of this Act and he had at such passing at least one whole year of pensionable local service, in any application to him of section 24 of this Act that section shall be construed as if it provided that the lesser sum therein referred to should be increased by one-half per cent. of that sum multiplied by the number of whole years (any fraction of a whole year being disregarded) in his pensionable local service at such passing. (7) No contribution under section 31 of this Act shall be required from a person whose name is entered under subsection (1) of this section during a continuous period of service beginning on the commencement of this Part of this Act. (8) No contribution under section 31 of this Act shall, during the appropriate period, be required from a person who is appointed after the commencement of this Part of this Act to be a pensionable officer of a local authority as a result of an examination (whether by way of open competition or otherwise) held before such commencement if any other person was appointed before such commencement to be a pensionable officer of the local authority as a result of that examination. In this subsection, the expression “the appropriate period” means, as respects a person appointed to be a pensionable officer of a local authority, the period of continuous service of such person beginning when he takes up duty following such appointment. (9) Where— (a) a person died on or after the 1st day of January, 1947, and before the commencement of this Part of this Act, (b) such person was, immediately before his death, a pensionable officer of a local authority, and (c) such person, if he had not died and if he had remained in the service of the local authority, could have applied to have his name entered under subsection (1) of this section, the local authority shall have power, which shall be exerciseable at their discretion and as respects which, notwithstanding any other provision of this Act, there shall be no appeal, to grant under section 28 of this Act the like gratuity (if any) as if this Part of this Act had commenced immediately before the death of such person and his name then stood entered under subsection (1) of this section. (10) The provisions of this section shall have effect notwithstanding any other provision of this Part of this Act. PART III. Established Servants. Register of established servants. 38.—(1) A local authority shall maintain a register to be known as the register of established servants (in this Part of this Act referred to as the register). (2) Where a person under the age of sixty years has been a permanent servant of a local authority for a continuous period of three years, the local authority shall enter his name in the register. (3) Where an established servant of a local authority relinquishes, with their consent, his employment with them for the purpose of becoming a permanent servant of another local authority and does become a permanent servant of the other local authority, the other local authority shall enter his name in the register. (4) If any doubt, dispute or question arises as to whether the name of a particular person should be entered in the register, the doubt, dispute or question shall be determined by the appropriate Minister whose decision shall be final. (5) A local authority shall not enter the name of any person in the register save in accordance with this section. (6) The register shall show the maximum number for the time being of the persons to be at any one time in the employment of the local authority as permanent servants. (7) A local authority shall keep at their principal office the register open at all reasonable times for inspection by their servants and by either— (a) in the case of the corporation of a borough, the members of the council of the borough, or (b) in any other case, the members of the local authority. Record in the register of wages and emoluments. 39.—A local authority shall from time to time record in the register, as respects each name therein of an established servant his wages and the annual money value of his emoluments (if any) as determined under section 59 of this Act. Removal from the register of person ceasing to be permanent servant, etc. 40.—(1) A local authority shall remove from the register the name of any person who ceases to be a permanent servant of such local authority. (2) Notwithstanding subsection (1) of this section, where it is the practice of a local authority to take from time to time any particular person into their employment as a permanent servant after a period during which he is not so employed— (a) the local authority shall not remove the name of such person from the register on any particular occasion when he ceases to be so employed unless they have decided not to so employ him again and, so long as his name remains in the register on account of this paragraph, he shall for the purposes of section 49 or subsection (2) of section 57 of this Act be regarded as not having ceased to be so employed. (b) where, during any particular period when such person is not so employed by the local authority, they decide not to so employ him again, they shall remove his name from the register and, for the purposes of section 49 or subsection (2) of section 57 of this Act, he shall be regarded as having then ceased to hold his employment. (3) Where, as respects an established servant of a local authority having less than five years of pensionable local service, it is ascertained after any particular year (being a year beginning on the day on which he first became such servant or any anniversary of that day) that he has not worked for the local authority as a permanent servant on two hundred or more days in that year, the local authority shall remove his name from the register and shall inform him of such removal and the reason therefor. (4) The removal of a name from the register may be effected by a note on the register indicating that the name has been removed and the date of the removal and the reinstatement of a name in the register may be effected by a note on the register indicating that the name has been reinstated and the date of reinstatement. (5) A person aggrieved by the removal of his name by a local authority from the register may appeal against the removal to the appropriate Minister and that Minister may by order either refuse the appeal or direct the name to be reinstated in the register and, in the latter case, the local authority shall reinstate the name in the register. (6) The decision of the appropriate Minister on an appeal under this section shall be final. Certain existing enactments not to apply to established servant. 41.—The provisions of any public or local Act (other than this Act) whereby a local authority is empowered to grant to any person in their service an allowance or gratuity on his ceasing to hold his position shall not apply in relation to any established servant of such local authority. General limitations on service to be reckoned by established servant. 42.—(1) A provision of this Part of this Act entitling an established servant to reckon as service any period shall be subject to the overriding qualification that he shall not be entitled so to reckon any of the following:— (a) any period in respect of which he has already received a lump sum, an allowance or a gratuity under this or any other Act relating to superannuation or under any scheme relating to superannuation made under any Act, (b) any period before he reached the age of eighteen years, (c) any period during which his name remains on the register on account of paragraph (a) of subsection (2) of section 40 of this Act, (d) any period in respect of which any contributions have been returned to him under section 57 of this Act, (e) any period in respect of which any contributions have been returned to him under section 32 of this Act, unless he has repaid such contributions under section 33 of this Act, (f) any period before a date on which he was discharged from his employment under a local authority for misconduct or for unfitness, (g) any period before a date on which he deliberately absents himself from the place where he performs his duties or refrains from performing his duties with the purpose of inducing the local authority of which he is a servant to alter his wages or conditions of service or of inducing any other local authority to alter the salaries, wages or conditions of service of any of their officers or servants; (h) any period in any year which is a year beginning on the day on which he first became such servant or any anniversary of that day and during which he did not work for a local authority as a permanent servant on two hundred days or more. (2) Where a period of service of a servant of a local authority has, having regard to paragraph (g) of subsection (1) of this section become forfeited— (a) the local authority shall give notice in writing of the forfeiture to the servant, (b) the servant may, not later than one month after such notice has been given to him, appeal to the appropriate Minister against the forfeiture, (c) the appropriate Minister may by order either refuse the appeal or declare that all or part of the period of service shall be restored and, in the latter case, the said paragraph (g) shall have effect subject to the declaration, (d) the decision of the appropriate Minister on the appeal shall be final. Service as established servant. 43.—An established servant of a local authority shall be entitled to reckon as service any period during which he was an established servant of that local authority. Service under other local authority. 44.—Where an established servant of a local authority was, immediately before he entered their service, an established officer or servant of another local authority, he shall be entitled to reckon as service under the first-mentioned local authority his pensionable local service at the time when he ceased to be an officer or servant of the other local authority. Service of established servant as mental hospital officer or servant. 45.—(1) An established servant shall be entitled to reckon as service any period during which he was a mental hospital officer or servant and which he was entitled to reckon as service for the purposes of Part VIII of the Mental Treatment Act, 1945 (No. 19 of 1945), or any earlier enactment corresponding to the said Part VIII, unless, if contributions were made by him during the period for the purposes of the said Part VIII or the said earlier enactment, those contributions have been paid back to him and have not been returned by him. (2) Section 91 of the Mental Treatment Act, 1945 , shall not apply in relation to an established servant. Service of established servant under harbour authority. 46.—An established servant shall be entitled to reckon as service any period during which he held a pensionable position in the service of a harbour authority. Reckoning as service period of absence on duty as member of Reserve Force of the Defence Forces. 47.—Where an established servant of a local authority who is a member of the Reserve Force of the Defence Forces is absent from his employment for the purpose of attending and performing his duty as such member, he shall be entitled to reckon as service the period of such absence. Pensionable local service of established servant. 48.—(1) For the purposes of this Act, the pensionable local service of an established servant shall be the number of whole years in the period or in the aggregate of the periods which under this Part of this Act he is entitled to reckon as service, any odd fraction of a whole year being disregarded. (2) Notwithstanding subsection (1) of this section, where the number of whole years in the period or in the aggregate of the periods which under this Part of this Act a fire brigade servant is entitled to reckon as service, any odd fraction of a whole year being disregarded, is twenty-one or more, then, for the purposes of this Part of this Act, the pensionable local service of such servant shall be that number of years together with the excess of that number of years over twenty years. Grant of allowance to established servant on his ceasing to hold employment. 49.—(1) Where— (a) an established servant of a local authority ceases to hold his employment and is not employed by them as a permanent servant in another employment, and (b) the local authority either are of opinion that he has served in such employment with diligence and fidelity and to their satisfaction or, not being of that opinion, they nevertheless decide that, in the special circumstances of his case, he should be granted a reduced allowance, the local authority shall grant him an allowance in any of the cases specified in subsection (2) of this section. (2) The cases referred to in subsection (1) of this section are the following:— (a) where the servant has ceased to hold his employment otherwise than by dismissal for misconduct and— (i) he has attained the age of sixty years and has not less than twenty years of pensionable local service, (ii) he is a fire brigade servant, has attained the age of fifty-five years and has not less than twenty years of pensionable local service, or (iii) he has become incapable …