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

Section 1

Short title.

Section 2

Definitions.

Section 3

Laying of regulations before Oireachtas.

Section 4

Commencement of Part II.

Section 5

Commencement of Part III.

Section 6

Expenses of the Minister.

Section 7

Repeals.

Part II.

Established Officers.

Section 8

Register of established officers.

Section 9

Record in the register of salaries, emoluments, and offices.

Section 10

Removal from the register of person ceasing to be pensionable officer.

Section 11

Notification to local authority of cesser of office under another local authority.

Section 12

Certain existing enactments not to apply to established officer.

Section 13

General limitations on service to be reckoned by established officer.

Section 14

Service as established officer.

Section 15

Service of established officer as mental hospital officer or servant.

Section 16

Service of established officer under harbour authority.

Section 17

Service as school teacher.

Section 18

Service in the civil service.

Section 19

Service as pensionable servant.

Section 20

Pensionable local service of established officer.

Section 21

Addition of years to pensionable local service of established officer.

Section 22

Service of established officer at termination of office.

Section 23

Grant of lump sum and allowance to established officer on his ceasing to hold office.

Section 24

Determination of lump sum granted to established officer.

Section 25

Determination of allowance granted to established officer.

Section 26

Reduction of lump sum and allowance of established officer for unsatisfactory service.

Section 27

Grant of short service gratuity to established officer.

Section 28

Grant of gratuity to legal personal representative of deceased established officer.

Section 29

Grant of gratuity to legal personal representative of deceased grantee under section 23.

Section 30

Grant of gratuity to female established officer on marriage.

Section 31

Contributions by established officers.

Section 32

Return of contributions to established officer.

Section 33

Repayment of returned contributions.

Section 34

Meaning of salary.

Section 35

Calculation of pensionable remuneration of established officer.

Section 36

Transitional provision with respect to service in the teaching of the Irish language.

Section 37

General transitional provisions for Part II.

Part III.

Established Servants

Section 38

Register of established servants.

Section 39

Record in the register of wages and emoluments.

Section 40

Removal from the register of person ceasing to be permanent servant, etc.

Section 41

Certain existing enactments not to apply to established servant.

Section 42

General limitations on service to be reckoned by established servant.

Section 43

Service as established servant.

Section 44

Service under other local authority.

Section 45

Service of established servant as mental hospital officer or servant.

Section 46

Service of established servant under harbour authority.

Section 47

Reckoning as service period of absence on duty as member of Reserve Force of the Defence Forces.

Section 48

Pensionable local service of established servant.

Section 49

Grant of allowance to established servant on his ceasing to hold employment.

Section 50

Determination of allowance granted to established servant.

Section 51

Reduction of allowance of established servant for unsatisfactory service.

Section 52

Grant of short service gratuity to established servant.

Section 53

Grant of gratuity to legal personal representative of deceased established servant.

Section 54

Grant of gratuity to legal personal representative of deceased grantee under section 49.

Section 55

Grant of gratuity to female established servant on marriage.

Section 56

Contributions by established servants.

Section 57

Return of contributions of established servant.

Section 58

Meaning of wages.

Section 59

Calculation of pensionable remuneration of established servant.

Section 60

Alteration of maximum number of permanent servants.

Section 61

Provisions with respect to certain absences from employment.

Section 62

Age limits for established servants.

Section 63

Transitional provisions for Part III.

Part IV.

Miscellaneous.

Section 64

Local authority by whom payment is to be made.

Section 65

Recovery of payment by Minister of State.

Section 66

Refund in respect of service under another authority.

Section 67

Variation of part of allowance granted to established officer or servant in receipt of bonus.

Section 68

Cancellation of allowance on conviction of offence.

Section 69

Ascertainment of continuance of infirmity.

Section 70

Determination by the Minister of certain doubts, etc.

Section 71

Regulations specifying classes of fire brigade officers and servants.

Section 72

Regulations permitting reckoning by officer of vocational education committee of service as teacher.

Section 73

Appeals to the Minister.

Section 74

Area of charge of payment of local authority.

Section 75

Suspension or reduction of allowance on reappointment of recipient.

Section 76

Assignment of allowance, etc.

Section 77

Gratuity or allowance in case of injury.

Section 78

Particulars of benefits in advance of retirement.

Section 79

Increase of allowance in certain cases.

Section 80

General provision as to allowance being for life.

Section 81

Age limits for officers and servants of Dublin Fever Hospital Board and Cork Fever Hospital Board.

Section 82

Officer of local authority becoming civil servant.

Section 83

Civil servant becoming officer of local authority.

Section 84

Special provisions for certain cases.

Section 85

Preservation of continuity of service of servants of Limerick Corporation.

Section 86

Validation of certain superannuation allowances granted by Cork Corporation.

Section 87

Meaning of pensionable officer in Part IV of Act of 1925.

Section 88

Application of Part IV of the Act of 1925 to certain permanent servants.

Section 89

Reckoning of service in the civil service in certain cases.

Section 90

Reckoning of service as school teacher in certain cases.

Section 91

Reckoning of service under harbour authority in certain cases.

Section 92

Allowances under Part IV of the Act of 1925 to officers in receipt of cost of living bonus.

Section 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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

Determination of allowance granted to established servant.

50.—The allowance to be granted to an established servant under section 49 of this Act on his ceasing to hold his employment shall be either— (a) an allowance at the rate per annum of one-sixtieth of his pensionable remuneration multiplied by the number of the years of his pensionable local service, or (b) an allowance at the rate per annum of two-thirds of his pensionable remuneration, whichever is the less.

Reduction of allowance of established servant for unsatisfactory service.

51.—Where a local authority decide under section 49 of this Act that an established servant shall be granted a reduced allowance, they shall reduce the rate per annum of the allowance granted to him under section 49 of this Act below the rate that would be appropriate therefor under section 50 of this Act and to an extent not less than fifty per cent.

Grant of short service gratuity to established servant.

52.—Where an established servant of a local authority having not less than one year and less than ten years of pensionable local service ceases to hold his employment 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 servant.

53.—(1) Where an established servant of a local authority dies in his employment 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 his pensionable remuneration.

Grant of gratuity to legal personal representative of deceased grantee under section 49.

54.—Where a person, who was an established servant of a local authority and who was granted under section 49 of this Act an allowance on his ceasing to hold his employment, dies before the total of all the sums received by him on foot of the 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 servant on marriage.

55.—Where a female established servant of a local authority who has not less than five years of pensionable local service ceases to hold her employment 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 employment 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 employment 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 servants.

56.—(1) An established servant 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 four and one-sixth per cent. of— (a) his wages, expressed as an annual amount, and (b) the annual value as determined under section 59 of this Act of his emoluments, if any.

Return of contributions of established servant.

57.—(1) In this Part of this Act, the expression “the contributions” means, in relation to an established servant, the aggregate amount of— (a) any contributions made by him under section 56 of this Act, (b) where he has made any contributions under section 31 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.

Meaning of wages.

58.—(1) In this Part of this Act, the word “wages”— (a) does not include— (i) payments for overtime, (ii) travelling expenses or other allowances to cover particular expenses, or (iii) payments for 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 a servant as such for his own use.

Calculation of pensionable remuneration of established servant.

59.—(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 servant and shall keep displayed, in every office or institution which they maintain and in a conspicuous position accessible to their servants, a list of the values so determined of the emoluments of the established servants employed in or from such office or institution.

Alteration of maximum number of permanent servants.

60.—(1) A local authority may from time to time alter by resolution the maximum number of the persons to be at any one time in their employment as permanent servants.

Provisions with respect to certain absences from employment.

61.—(1) Where, in the case of any application as respects a servant of a local authority of the provisions of subsection (2) of section 38 or of paragraph (c) of subsection (1) or paragraphs (c) and (d) of subsection (2) of section 63 of this Act, it is ascertained that an absence on the part of the servant from his employment with the local authority occurred during any of the relevant three years on account of his illness, the temporary cessation of the work on which he was employed, the temporary reduction of the weekly quantity of such work or any other temporary cause not due to his act or default, he shall be regarded for the purposes of the said provisions as having been a permanent servant of the local authority during the absence if, but only if, the following conditions are complied with, that is to say:— (a) at the end of the absence, or, where the absence continued after the end of the said year, at the end of the absence as so continued, he returned to the employment of the local authority, (b) the absence did not exceed sixty days, (c) in case the absence was one of two or more such absences occurring in the said year, the aggregate of such absences did not exceed sixty days.

Age limits for established servants.

62.—(1) The provisions of section 8 of the Agriculture (Amendment) Act, 1944 (No. 3 of 1944) (which section relates to fixing of age limits for offices under a committee of agriculture) shall apply in relation to the employment of an established servant of a committee of agriculture as if such employment were an office.

Transitional provisions for Part III.

63.—(1) Where— (a) on the commencement in relation to a local authority of this Part of this Act a person is a permanent servant of the local authority, and (b) he has not then reached— (i) in case he is a fire brigade servant, the age of fifty-five years, or (ii) in any other case, the age of sixty years, and (c) the continuous period ending at such commencement during which he was a permanent servant of the local authority is three years or more, 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, but his liability (if any) to make contributions under this Part of this Act shall commence at the time when his name is entered in the register.

PART IV.

Miscellaneous.

Local authority by whom payment is to be made.

64.—(1) Where— (a) a lump sum, allowance or gratuity is granted under this Act by a local authority, or (b) contributions are returned under this Act by a local authority, or (c) a local authority are required by this Act to make a refund, the lump sum, allowance, gratuity, contribution or refund shall be paid— (i) in case such local authority are a vocational education committee—by the local authority who pay under the Vocational Education Act, 1930 (No. 29 of 1930), the annual local contribution to the expenses of the committee, (ii) in case such local authority are a committee of agriculture for a county—by the council of that county, (iii) in case such local authority are a committee of a single local authority—by that single local authority, (iv) in any other case—by such local authority.

Recovery of payment by Minister of State.

65.—(1) Any sum which is required by this Act to be paid, repaid, returned or refunded by a person to a Minister of State may, without prejudice to its being recovered in any other manner, be recovered by deducting it in whole or in part from any money payable by any Minister of State for any purpose whatsoever to such person.

Refund in respect of service under another authority.

66.—(1) Where a lump sum, allowance or gratuity is granted under this Act to or in respect of any person by a local authority (in this section referred to as the granting authority) and, in determining the amount thereof, any period of service under another local authority or a harbour authority or mental hospital board (in this section referred to as the contributing authority) has been reckoned, the contributing authority shall refund to the granting authority a part of the lump sum, allowance or gratuity (or, if the granting authority are a vocational education committee, a part of one-half of the lump sum allowance or gratuity) determined by reference to such person's periods of service under the contributing authority and the granting authority and his remunerations during those periods, and such part shall be settled by agreement between the contributing authority and the granting authority or, in default of agreement, by the Minister (after consultation, where the contributing authority are a harbour authority, with the Minister for Industry and Commerce).

Variation of part of allowance granted to established officer or servant in receipt of bonus.

67.—Where part of the remuneration, at the time he ceases to hold his office or employment, of an established officer or servant consists of bonus computed by reference to a cost-of-living index number, the part of any allowance granted to him under this Act which is referable to such bonus shall be liable to the same variation, if any, which would have applied in the case of a super-annuation allowance granted to a civil servant similarly remunerated who retired before the 1st day of November, 1946.

Cancellation of allowance on conviction of offence.

68.—(1) Where a person who is convicted on indictment of any offence and is sentenced to penal servitude or to any term of imprisonment with hard labour or exceeding twelve months is, at the time of the conviction, in receipt of an allowance granted under this Act by a local authority, the allowance shall thereupon stand cancelled and cease to be payable.

Ascertainment of continuance of infirmity.

69.—(1) Where an allowance is granted under this Act to a person who is under the age specified for that allowance in subsection (2) of this section on the ground that he is incapable of performing his duties by reason of permanent infirmity of mind or body, the following provisions shall have effect: (a) the local authority by whom the allowance is payable shall, until such person reaches the said age, ascertain from time to time whether his infirmity continues and, for that purpose, may, if they think fit, arrange for medical examinations and require him to submit himself thereto; (b) if such person fails wilfully or refuses to submit himself to any such medical examination, the allowance shall cease to be paid; (c) if not less than two registered medical practitioners nominated by such local authority certify that such person's infirmity has ceased and he has been offered a pensionable office or employment under a local authority of a kind similar to his former office or employment and at a rate of remuneration not less than that at which he was paid immediately before he ceased to hold his former office or employment, such local authority shall, subject to the sanction of the Minister, cancel the allowance and thereupon it shall cease to be paid.

Part II

or

Part III

of this Act shall be reduced by the amount of the lump sum (if any) granted to him with the allowance; (c) such period shall be regarded as continuous with his period of service in the new office or employment and the period during which he was in receipt of the allowance shall be disregarded.

Determination by the Minister of certain doubts, etc.

70.—If any doubt, dispute or question arises or is, in the opinion of the Minister, likely to arise, as to whether a person is an officer for the purposes of this Act or a mental hospital officer or as to whether a person is a servant for the purposes of this Act or a mental hospital servant, the doubt, dispute or question shall be decided by the Minister and his decision shall be final.

Regulations specifying classes of fire brigade officers and servants.

71.—The Minister may make regulations specifying— (a) the classes of officers of fire brigade authorities under the Fire Brigades Act, 1940 (No. 7 of 1940), who are to be fire brigade officers for the purposes of this Act, and (b) the classes of servants of such authorities who are to be fire brigade servants for the purposes of this Act.

Regulations permitting reckoning by officer of vocational education committee of service as teacher.

72.—(1) The Minister, after consultation with the Minister for Education and with the consent of the Minister for Finance, may make regulations permitting an officer of a vocational education committee who before he became such an officer had teaching service as a national school teacher or a secondary school teacher or a vocational or technical school teacher or any combination of such services to reckon such teaching service as service, and the regulations may prescribe the nature of the teaching service and the amount thereof which may be so reckoned and the extent to which and the manner in which the teaching service may be so reckoned.

Appeals to the Minister.

73.—(1) Where a person is aggrieved by the failure or refusal of a local authority to grant under this Act a lump sum, allowance or gratuity or to return under this Act contributions, he may appeal to the Minister against such failure or refusal.

Area of charge of payment of local authority.

74.—(1) A sum payable by a local authority under this Act in respect of a period during which a person was an officer or servant of such local authority shall be charged on the area on which the remuneration of such person would have been charged if he had continued to hold the same office or employment under such local authority.

Suspension or reduction of allowance on reappointment of recipient.

75.—(1) Where a person to whom an allowance is payable under this or any other Act by a local authority or mental hospital board receives any payment (inclusive of the money value of emoluments, if any) from a local authority or mental hospital board or out of moneys provided by the Oireachtas for services rendered, no more of the allowance shall be paid to him in any year than so much as, with the said payment, equals the remuneration (inclusive of the money value of emoluments, if any) on which the allowance was computed.

Assignment of allowance, etc.

76.—(1) The following provisions shall have effect in relation to any payment (in this section referred to as the grant) payable under this Act or under Part IV of the Act of 1925 by a local authority to any person (in this section referred to as the recipient), that is to say:— (a) every assignment of and charge on the grant and every agreement to assign or charge the grant shall, except so far as it is made for the benefit of the wife or husband or dependent relatives of the recipient, be void, and on the bankruptcy of the recipient the grant shall not be paid to any trustee or other person acting on behalf of the creditor; (b) where any public assistance is given in pursuance of the Public Assistance Act, 1939 (No. 27 of 1939), to the recipient or to anyone whom he is liable under that Act to maintain, the local authority may pay the whole or any part of the grant to the public assistance authority giving the assistance, and so much of the grant as is so paid may be applied in repayment of any sums expended on such assistance and, subject thereto, shall be paid or applied by the public assistance authority to or for the benefit of the recipient; (c) if the recipient neglects to maintain any person whom he is liable to maintain, the local authority may in their discretion pay or apply the whole or any part of the grant to or for the benefit of that person; (d) if the recipient appears to the local authority to be of unsound mind or otherwise incapacitated to act, they may pay so much of the grant as they think fit to the institution or person having the care of the recipient, and may pay the surplus (if any) or such part thereof as they think fit for or towards the maintenance and benefit of the wife or husband or dependent relatives of the recipient; (e) if the recipient or the officer or servant in respect of whom the grant is payable has died and a sum not exceeding one hundred pounds is due on account of the grant, probate or other proof of title of the personal representatives of the deceased may, if the local authority so think fit, be dispensed with and the sum may be paid or distributed to or among the persons appearing to the local authority to be beneficially entitled to the personal estate of the deceased, or to or among any one or more of those persons, or, in the case of the illegitimacy of the deceased, to or among such persons as the local authority think fit, and the local authority and any of their officers making the payment shall be discharged from all liability as respects any such payment or distribution;

(f) any sum payable to a minor on account of the grant may be paid either to the minor or to such person and on such conditions for the benefit of the minor as the local authority think fit; (g) where a payment is made to any person by the local authority in pursuance of this section the receipt of that person shall be a good discharge for the sum paid.

Gratuity or allowance in case of injury.

77.—(1) Where an officer or servant of a local authority is injured— (a) in the actual discharge of his duty, and (b) without his own default, and (c) by some injury specifically attributable to the nature of his duty, the local authority, with the consent of the Minister, may grant to him, and, if within seven years after the date of the injury, he dies as a direct result thereof, to his widow (or, in the case of a female officer or servant, her widowed husband), his father or mother, if wholly dependent on him at the time of his death, and to or in respect of his children, or any of them, such gratuity or allowance in money for life or for a limited period as the local authority may consider reasonable and as may be permitted by regulations under this section.

Particulars of benefits in advance of retirement.

78.—(1) Where an officer or servant of a local authority intends to retire from his office or employment on a particular date, he may, not later than six months and not earlier than twelve months before that date, give to the local authority notice in writing stating— (a) that he intends to retire on that date, (b) the reasons for which he intends to retire, (c) that he wishes to be given particulars of his benefits on retirement.

Increase of allowance in certain cases.

79.—(1) Where a local authority or mental hospital board granted before the passing of this Act an allowance or a lump sum to or in respect of a person in relation to his having ceased after the 1st day of July, 1940, to hold any office or employment in their service, they may, within twelve months after the passing of this Act, grant one increase (and no more) of the rate of the allowance or the amount of the lump sum, and such increase shall be an increase to such extent as may be sanctioned by the relevant Minister and, in the case of an increase of an allowance, shall have effect as from the date when the office or employment ceased to be held or the 1st day of November, 1946, whichever is the later.

General provision as to allowance being for life.

80.—Save as otherwise provided by this Act, an allowance granted under this Act shall be an allowance for the life of the person to whom it is granted.

Age limits for officers and servants of Dublin Fever Hospital Board and Cork Fever Hospital Board.

81.—The provisions of section 23 of the Local Government Act, 1941 (No. 23 of 1941) (which section relates to fixing of age limits for offices under certain local authorities) shall apply in relation to the office of an officer or the employment of a servant of the Dublin Fever Hospital Board or the Cork Fever Hospital Board as if such office or employment were an office under a local authority for the purposes of that Act.

Officer of local authority becoming civil servant.

82.—(1) The pensionable local service of an established officer of a local authority who has not less than ten years of pensionable local service and who is appointed to an established position in the civil service shall be deemed for the purposes of the Superannuation Acts to be service by him in an established position in the civil service.

Civil servant becoming officer of local authority.

83.—(1) Where an allowance, lump sum or gratuity is payable under this or any other Act to or in respect of a person and, in determining the amount of the payment, any period of service by such person in an established position in the civil service has been reckoned, the Minister for Finance may determine what part or parts of the payment shall be borne by the State and thereupon the part or parts so determined may be refunded to the local authority out of moneys provided by the Oireachtas.

Special provisions for certain cases.

84.—(1) Where, as respects a person who is a pensionable officer of a local authority on the passing of this Act, the following conditions are complied with, that is to say: (a) immediately before he was appointed to be such officer, he held an established position in the civil service of Saorstát Eireann for a period, (b) immediately before the period mentioned in paragraph (a) of this subsection, he held an established position in the civil service of the Provisional Government for a period, (c) immediately before the period mentioned in paragraph (b) of this subsection, he held an established position in the civil service of Dáil Eireann for a period, (d) immediately before the period mentioned in paragraph (c) of this subsection, he was a pensionable officer of a local authority for a period, all the said periods may be aggregated and deemed to be service for the purposes of any Act (including this Act) relating to superannuation of officers of local authorities and applying to such person.

Preservation of continuity of service of servants of Limerick Corporation.

85.—(1) Where a servant of the corporation was absent from duty during any period in respect of which this section applies and the period of absence would, but for this section, be regarded for the purposes of the pension enactments as breaking the continuity of his service with the corporation, the following provisions shall have effect for those purposes:— (a) the period of absence shall be regarded as not breaking the continuity of his service with the corporation, and (b) notwithstanding the provisions of the foregoing paragraph, the length of the period of absence shall not be taken into account in reckoning the length of his service with the corporation nor, where an allowance for life or a gratuity is granted to him, in reckoning the amount thereof.