{"html": "<div class=\"lf-doc\"><p class=\"lf-p\">the expression “the pension enactments” means, in relation to a servant of the corporation, the enactments (including this Act) governing the grant to him on ceasing to be employed of an allowance for life or a gratuity.</p>\n<p class=\"lf-p\">Validation of certain superannuation allowances granted by Cork Corporation.</p>\n<p class=\"lf-p\">86.—Any superannuation allowance granted by the Lord Mayor, Aldermen and Burgesses of Cork to any of their servants during the period which began on the 9th day of September, 1926, and ended on the 31st day of March, 1948, shall be valid in all respects and payment of such allowance may accordingly continue to be made after the passing of this Act.</p>\n<p class=\"lf-p\">Meaning of pensionable officer in Part IV of Act of 1925.</p>\n<p class=\"lf-p\">87.—The expression “pensionable officer” in Part IV of the Act of 1925 shall not include and shall be deemed never to have included a mental hospital officer of a local body.</p>\n<p class=\"lf-p\">Application of Part IV of the Act of 1925 to certain permanent servants.</p>\n<p class=\"lf-p\">88.—(1) Part IV of the Act of 1925 shall apply in relation to a permanent servant of a local body in relation to whom</p>\n<h3 class=\"lf-part\">Part III</h3>\n<p class=\"lf-p\">of this Act has come into operation (not being a local body to whom section 53 of the Act of 1925 applies) who, on the day on which the said Part III came into operation in relation to such body, was sixty years of age or more, or in the case of a fire brigade servant, was fifty-five years of age or more, as if his employment were a pensionable office, and for the purposes of the said application— (a) the word “salary” shall include wages, (b) in calculating his service when his employment ceases, only his continuous service under such local body shall be reckoned.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Part IV of the Act of 1925 shall, subject to the subsequent subsections of this section, apply in relation to a permanent servant of a vocational education committee in relation to whom</div>\n<h3 class=\"lf-part\">Part III</h3>\n<p class=\"lf-p\">of this Act has come into operation who, on the day on which the said Part III came into operation in relation to such committee, was sixty years of age or more as if his employment were a pensionable office, and for the purposes of the said application— (a) the word “salary” shall include wages, (b) in calculating his service when his employment ceases, only his continuous service under such committee or any body of whom such committee were the successors shall be reckoned.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Section 50 of the Act of 1925 shall not apply in respect of vocational education committees and their servants referred to in subsection (2) of this section, and in lieu thereof it is hereby enacted that every sum payable under Part IV of the Act of 1925 as applied by this section in respect of an allowance or gratuity granted thereunder to a person who was previously a servant of a vocational education committee shall be paid by the local authority who under the Vocational Education Act, 1930 (No. 29 of 1930), pays the annual local contribution to the expenses of such committee and shall be raised by means of the same rate and be paid out of the same fund and be charged on the same area as such annual local contribution is raised by means of, paid out of and charged upon, but no such sum shall be reckoned for the purposes of any enactment limiting the amount of such rate.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>There shall be paid out of moneys provided by the Oireachtas to a local authority paying any allowance or gratuity in pursuance of subsection (3) of this section, in aid of the rate or fund out of which the allowance or gratuity is so paid, one-half of every payment made by the local authority in respect of the allowance or gratuity.</div>\n<p class=\"lf-p\">Reckoning of service in the civil service in certain cases.</p>\n<p class=\"lf-p\">89.—An officer of a local body— (a) who was appointed to be such officer before the commencement of</p>\n<h3 class=\"lf-part\">Part II</h3>\n<p class=\"lf-p\">of this Act, and (b) in relation to whom Part IV of the Act of 1925 or any Act passed before the Act of 1925 and relating to superannuation applies, and (c) who at the time when he was appointed to be such officer held an established position in the civil service, shall be entitled to reckon as service for the purposes of the said Part IV or the said Act passed before the Act of 1925 his service for the purposes of the Superannuation Acts at the time of such appointment.</p>\n<p class=\"lf-p\">Reckoning of service as school teacher in certain cases.</p>\n<p class=\"lf-p\">90.—An officer of a vocational education committee in relation to whom Part IV of the Act of 1925 or any Act passed before the Act of 1925 and relating to superannuation applies shall be entitled to reckon as service for the purposes of the said Part IV or the said Act passed before the Act of 1925 any period which he is permitted to reckon by regulations under section 72 of this Act.</p>\n<p class=\"lf-p\">Reckoning of service under harbour authority in certain cases.</p>\n<p class=\"lf-p\">91.—An officer of a local body in relation to whom Part IV of the Act of 1925 or any Act passed before the Act of 1925 and relating to superannuation applies shall be entitled to reckon as service for the purposes of the said Part IV or the said Act passed before the Act of 1925 any period during which he held a pensionable position in the service of a harbour authority.</p>\n<p class=\"lf-p\">Allowances under Part IV of the Act of 1925 to officers in receipt of cost of living bonus.</p>\n<p class=\"lf-p\">92.—(1) This section applies to any officer of a local body whose yearly salary and emoluments within the meaning of Part IV of the Act of 1925 consist on the date on which he ceases to hold office of— (a) an amount (in this section referred to as the emergency bonus) granted on account of the emergency declared by resolutions passed by each House of the Oireachtas on the 2nd day of September, 1939, to exist, and (b) a temporary increase or addition (in this section referred to as the cost of living bonus) which was expressed at the time of granting to be granted to meet the increased cost of living, which is calculated according to the amount of the remainder (in this section referred to as the basic salary) of his salary and emoluments apart from the emergency bonus and which, subject to the Local Authorities (Cost of Living) Acts, 1940 and 1945, is variable from time to time in accordance with the average cost of living in the State, and (c) the basic salary.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An allowance granted under Part IV of the Act of 1925 to any officer of a local body to whom this section applies shall consist of two parts, namely: (a) a part which shall be in respect of the basic salary and cost of living bonus, which shall be computed by reference to the basic salary only and which shall be increased in the manner specified in subsection (2) of section 46 of the Act of 1925, (b) a part which shall be in respect of and computed by reference to the emergency bonus.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The foregoing provisions of this section shall apply in relation to an allowance which was granted under Part IV of the Act of 1925 before the passing of this Act and in relation to which those provisions would have applied when the allowance was granted if they had then been in force.</div>\n<p class=\"lf-p\">Allowances and gratuities under Part IV of Act of 1925 without consent of Minister.</p>\n<p class=\"lf-p\">93.—Notwithstanding anything contained in Part IV of the Act of 1925, the consent of the Minister shall not be required to the grant under that Part of— (a) an annual allowance the amount of which does not exceed one-sixtieth of the yearly salary and emoluments of the grantee for each completed year of his service, or (b) a gratuity under subsection (3) or subsection (4) of section 44 of the Act of 1925.</p>\n<p class=\"lf-p\">SCHEDULE.</p>\n<p class=\"lf-p\">Enactments Repealed.</p>\n<p class=\"lf-p\">Number and Year Short Title Extent of Repeal No. 5 of 1925.</p>\n<p class=\"lf-p\">Local Government Act, 1925 .</p>\n<p class=\"lf-p\">Sections 49 and 52 .</p>\n<p class=\"lf-p\">No. 8 of 1931.</p>\n<p class=\"lf-p\">Agriculture Act, 1931 .</p>\n<p class=\"lf-p\">Subsection (3) of</p>\n<h3 class=\"lf-part\">Section 22</h3>\n<p class=\"lf-p\">.</p>\n<p class=\"lf-p\">No. 19 of 1945.</p>\n<p class=\"lf-p\">Mental Treatment Act, 1945 .</p>\n<p class=\"lf-p\">Sections 83 and 84 .</p>\n<p class=\"lf-p\">Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais</p></div>", "next": 0}