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19 1945

MENTAL TREATMENT ACT, 1945

PART VIII.

Superannuation, etc., of Officers and Servants of Mental Hospital Authorities.

Definitions for purposes of Part VIII.

63. —(1) In this Part of this Act—

the word “officer” means an officer whose duties relate to the functions of a mental hospital authority under this Act and who either—

(a) devotes the whole of his time to the service of one or more than one mental hospital authority, or

(b) is required by virtue of his office to be a registered medical practitioner,

but the said word does not include an officer who is appointed to hold an office either—

(a) for a specified period, or

(b) until a specified work or duty has been completed, or

(c) until the appointment of another person to hold such office, or

(d) as a substitute officer;

the word “servant” means a servant whose duties relate to the functions of a mental hospital authority under this Act and who devotes the whole of his time to the service of one or more than one mental hospital authority, but the said word does not include a servant who is appointed to hold a position either—

(a) for a specified period, or

(b) until a specified work or duty has been completed, or

(c) until the appointment of another person to hold such position, or

(d) as a substitute servant;

the words “salary” and “wages” include emoluments, but do not include payments for overtime, travelling expenses, or any allowances paid to cover the cost of office accommodation or clerical assistance;

the word “emoluments” includes all fees, poundage, and other payments paid by a mental hospital authority to any of their officers or servants as such for his own use, and also the money value of any apartments, rations, or other allowance in kind appertaining to his office or employment;

the expression “the appropriate medical officer” means the resident medical superintendent of the district mental hospital maintained by the relevant mental hospital authority;

the expression “the Act of 1909” means the Asylum Officers' Superannuation Act, 1909.

(2) A mental hospital authority shall from time to time or as directed by the Minister determine, with the consent of the Minister, the annual value in money of the emoluments of their officers and servants and shall keep affixed in a conspicuous position in each institution maintained by them a detailed list of the values determined as aforesaid of the emoluments of the officers and servants employed in such institution.

(3) The yearly salary or wages of an officer or servant shall, for the purposes of this Part of this Act, be taken to be the average amount of his yearly salary or wages during the three years ending on the quarter day immediately preceding the day on which he ceases to hold office or employment or, in the case of an officer or servant with less than three years' service, the average amount of his yearly salary or wages during the whole period of his service.

(4) For the purposes of this Part of this Act, service of an officer or servant of a mental hospital authority which was given before the commencement of this Part of this Act and in respect of which contributions were made under the Act of 1909 shall be deemed to be service under a mental hospital authority and, in case the service or any part thereof was service with a committee to which a joint board are the successor, the service or the said part of the service shall be deemed to be service under the joint board.

(5) Where an officer or servant of a mental hospital authority gave service before the commencement of this Part of this Act in respect of which he would have made contributions under the Act of 1909 but for such service having been given while he was regarded as not being an established officer or servant within the meaning of the Act of 1909, such officer or servant may elect to make such contributions after the commencement of this Part of this Act notwithstanding that the Act of 1909 has been repealed and, on so making such contributions, they shall be regarded for the purposes of this Part of this Act as contributions made under the Act of 1909.—

Non-application of Part VIII in certain cases.

64. —(1) Where a person who, upon the commencement of this Part of this Act, is an officer or servant of a mental hospital authority was, immediately before such commencement, subject, by virtue of section 20 of the Act of 1909, to the provisions of the enactments repealed by the Act of 1909—

(a) this Part of this Act (with the exception of this sub-section) shall not apply to such person, and

(b) such person shall continue to be subject to the said provisions repealed by the Act of 1909.

(2) A person who, upon the commencement of this Part of this Act, is an officer or servant of a mental hospital authority and who, immediately before such commencement, was not a person subject, by virtue of section 20 of the Act of 1909, to the provisions of the enactments repealed by the Act of 1909 may, not later than six months after the commencement of this Part of this Act, signify in writing to the authority that he does not wish to avail himself of the provisions of this Part of this Act, and thereupon—

(a) this Part of this Act (with the exception of this sub-section) shall not apply and shall be deemed never to have applied to such person, and

(b) such person shall, with effect as from the commencement of this Part of this Act, continue to be subject to the same enactments relating to superannuation and like matters as he was subject to immediately before such commencement, subject to the modification that, in any application to him of section 16 of the Act of 1909, the word “three” shall be substituted for the word “ten” in both places where the latter word occurs in the said section 16.

Register of certain officers and servants.

65. —(1) A mental hospital authority shall maintain a register of the officers and servants employed by them who have the care or charge of patients in the usual course of their employment.

(2) A mental hospital authority shall, on the application of an officer or servant employed by them, inform him in writing whether his name is or is not entered in the register maintained under this section by them.

(3) A mental hospital authority shall keep affixed in a conspicuous position in each institution maintained by them a notice stating that, on the application of an officer or servant employed by them, they will inform him whether his name is or is not entered in the register maintained under this section by them.

(4) No name, other than the name of an officer or servant whose employment consists solely of the care or charge of patients, shall be entered in a register maintained under this section save with the consent of the Minister.

(5) No name shall be removed from a register maintained under this section save with the consent of the Minister.

(6) If an officer or servant of a mental hospital authority is aggrieved by their failure or refusal to enter his name in the register maintained by them under this section, he may complain to the Minister in writing and, if after consideration of the complaint, the Minister directs the authority to enter the name of the officer or servant in such register, they shall carry out such direction.

Superannuation of registered officers and servants.

66. —(1) This section applies to every officer or servant of a mental hospital authority—

(a) whose name is registered in the register maintained under this Part of this Act by the authority, and

(b) who has been in the service of a mental hospital authority for not less than twenty years, and

(c) who is not less than fifty-five years of age.

(2) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority, who, while this section applies to him, resigns or otherwise ceases to hold office or employment shall be entitled to receive from the authority—

(a) an allowance during life the annual amount of which shall consist of—

(i) twenty-eightieths of his yearly salary or wages, and

(ii) where he has been in the service of a mental hospital authority for twenty-one or more completed years, two-eightieths of his yearly salary or wages in respect of each of the twenty-first and the subsequent (if any) of such completed years, and

(b) a lump sum consisting of—

(i) twenty-thirtieths of his yearly salary or wages, and

(ii) where he has been in the service of a mental hospital authority for twenty-one or more completed years, two-thirtieths of his yearly salary or wages in respect of each of the twenty-first and the subsequent (if any) of such completed years.

Pensions, etc., to registered officers and servants on being incapacitated.

67. —(1) This section applies to every officer or servant of a mental hospital authority—

(a) whose name is registered in the register maintained under this Part of this Act by the authority, and

(b) who has been in the service of a mental hospital authority for not less than ten years, and

(c) who either—

(i) has been in the service of a mental hospital authority for less than twenty years, or

(ii) is less than fifty-five years of age.

(2) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority who, while this section applies to him, resigns or otherwise ceases to hold office or employment on account of having sustained or contracted, otherwise than through his own misconduct, any physical or mental injury or illness which is certified by the appropriate medical officer to have caused permanent incapacity for taking-care of patients shall be entitled to receive from the authority—

(a) where he has been in the service of a mental hospital authority for less than twenty years—

(i) an allowance during life or incapacity the annual amount of which shall consist of one-eightieth of his yearly salary or wages in respect of each of his completed years of service, and

(ii) a lump sum consisting of one-thirtieth of his yearly salary or wages in respect of each of his completed years of service; and

(b) where he has been in the service of a mental hospital authority for twenty years or longer—

(i) an allowance during life or incapacity the annual amount of which shall consist of—

(I) twenty-eightieths of his yearly salary or wages, and

(II) where he has been in the service of a mental hospital authority for twenty-one or more completed years, two-eightieths of his yearly salary or wages in respect of each of the twenty-first and the subsequent (if any) of such completed years, and

(ii) a lump sum consisting of—

(I) twenty-thirtieths of his yearly salary or wages, and

(II) where he has been in the service of a mental hospital authority for twenty-one or more completed years, two-thirtieths of his yearly salary or wages in respect of each of the twenty-first and the subsequent (if any) of such completed years.

Superannuation of officers and servants who are not registered.

68. —(1) This section applies to every officer or servant of a mental hospital authority—

(a) whose name is not registered in the register maintained under this Part of this Act by the authority, and

(b) who has been in the service of a mental hospital authority for not less than twenty years, and

(c) who is not less than sixty years of age.

(2) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority who, while this section applies to him, resigns or otherwise ceases to hold office or employment shall be entitled to receive from the authority—

(a) an allowance during life the annual amount of which shall consist of one-eightieth of his yearly salary or wages in respect of each of his completed years of service, and

(b) a lump sum consisting of one-thirtieth of his yearly salary or wages in respect of each of his completed years of service.

Pensions, etc., to officers and servants who are not registered on being incapacitated.

69. —(1) This section applies to every officer or servant of a mental hospital authority—

(a) whose name is not registered in the register maintained under this Part of this Act by the authority, and

(b) who has been in the service of a mental hospital authority for not less than ten years, and

(c) who either—

(i) has been in service of a mental hospital authority for less than twenty years, or

(ii) is less than sixty years of age.

(2) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority who, while this section applies to him, resigns or otherwise ceases to hold office or employment on account of having sustained or contracted, otherwise than through his own misconduct, any physical or mental injury or illness which is certified by the appropriate medical officer to have caused permanent incapacity for the performance of his duties shall be entitled to receive from that authority—

(a) an allowance during life or incapacity the annual amount of which shall consist of one-eightieth of his yearly salary or wages in respect of each of his completed years of service, and

(b) a lump sum consisting of one-thirtieth of his yearly salary or wages in respect of each of his completed years of service.

Payment where officer or servant dies.

70. —Where an officer or servant of a mental hospital authority dies while in their service and such officer or servant had been in the service of a mental hospital authority for five years or longer, the mental hospital authority in the service of whom he died (whether such authority have or have not made a grant in relation to him under section 77 or 78 of this Act) may, in their discretion, pay to the legal personal representative of such officer or servant—

(a) where such officer or servant would, if he had not died but had resigned at the time when his death occurred, have been entitled to receive under this Part of this Act a lump sum—such lump sum or a year's salary or wages (whichever is the greater), or

(b) in any other case—a year's salary or wages.

Pension, etc., on receiving injuries attributable to duties or contracting illness in discharge of duties.

71. —(1) Where—

(a) an officer or servant of a mental hospital authority is injured, otherwise than through his own misconduct, while discharging his duties, and

(b) the injury is directly attributable to the nature of his duties, and

(c) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the injury for performing his duties, and

(d) he has been in the service of a mental hospital authority for less than ten years,

the mental hospital authority in whose service he is injured may, in their discretion, but subject to the consent of the Minister and the provisions of this Part of this Act, grant to him such annual allowance and lump sum as in all the circumstances of the case they consider proper.

(2) A mental hospital authority, in determining the amounts of the annual allowance and lump sum to be granted under sub-section (1) of this section to an injured officer or servant shall have regard, in particular, to any payment made or to be made by the authority in relation to any claim by such officer or servant otherwise than under this Part of this Act in respect of his injury.

(3) Where—

(a) an officer or servant of a mental hospital authority, whose name is entered in the register maintained under this Part of this Act by such authority, contracts, otherwise than through his own misconduct or negligence, any physical or mental illness in the service of such authority, and

(b) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the illness for performing his duties, and

(c) he has been in the service of a mental hospital authority for five years or longer and less than ten years,

the mental hospital authority in whose service he contracts the illness may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, grant to him such allowance and lump sum as in all the circumstances of the case they consider proper.

(4) The amount of an allowance or lump sum granted under sub-section (3) of this section shall not exceed the amount which would be appropriate if it were being granted under section 67 of this Act on the basis of the grantee having twice the number of his actual completed years of service.

Pension, etc., in certain special cases.

72. —(1) A mental hospital authority shall, with the consent of the Minister, grant to any officer or servant in their service, who has been in the service of a mental hospital authority for not less than ten years and—

(a) who is removed from his office or employment for a cause other than misconduct or incapacity, or

(b) whose office or employment is abolished, or

(c) whose position has, in the opinion of the Minister, been materially altered to his detriment owing to changes in his conditions of service made without reasonable cause, and who resigns his office or employment with the consent of the Minister,

such annual allowance and lump sum as in all the circumstances of the case they consider proper.

(2) Where an officer or servant of a mental hospital authority becomes entitled to be granted an allowance and lump sum under this section, and he would, but for this sub-section, also be entitled to an allowance and lump sum granted pursuant to section 66 or section 68 of this Act, such officer or servant shall not be entitled to the latter allowance and lump sum, but, without prejudice to section 73 of this Act, the allowance and lump sum which are granted to him under this section shall not be less respectively than the allowance and lump sum which he would have been granted under the said section 66 or the said section 68 (as the case may be) but for this sub-section.

Reduction of allowance in certain cases.

73. —(1) This section applies to every officer or servant of a mental hospital authority—

(a) who has resigned or otherwise ceased to hold office or employment, and

(b) who is entitled to receive under this Part of this Act an allowance from the authority, and

(c) who did not perform his duties as their officer or servant to their satisfaction.

(2) A mental hospital authority may, as regards any of their officers or servants who is an officer or servant to whom this section applies, determine, subject to the consent of the Minister, that the allowance payable by them to him under this Part of this Act shall be reduced to such extent as they consider just, and such officer or servant shall thereupon be entitled to receive such allowance as so reduced and not otherwise.

Increase of allowance and lump sum where injuries attributable to duties are received or illness contracted in discharge of duties.

74. —(1) Where—

(a) an officer or servant of a mental hospital authority is injured, otherwise than through his own misconduct, while discharging his duties, and

(b) the injury is directly attributable to the nature of his duties, and

(c) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the injury for performing his duties, and

(d) he has been in the service of a mental hospital authority for ten years or longer,

the mental hospital authority in whose service he is injured may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, increase to such extent as they think proper the allowance and lump sum to which he is entitled under this Part of this Act (other than this section) and he shall be entitled accordingly to receive from them such allowance and lump sum as so increased.

(2) A mental hospital authority, in determining the amounts of the increases to be granted under sub-section (1) of this section to an injured officer or servant, shall have regard, in particular, to any payment made or to be made by the authority in relation to any claim by such officer or servant otherwise than under this Part of this Act in respect of his injury.

(3) Where—

(a) an officer or servant of a mental hospital authority, whose name is entered in the register maintained under this Part of this Act by such authority, contracts, otherwise than through his own misconduct or negligence, any physical or mental illness in the service of such authority, and

(b) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the illness from performing his duties, and

(c) he has been in the service of a mental hospital authority for ten years or longer,

the mental hospital authority in whose service he contracts the illness may, in their discretion but subject to the consent of the Minister and to the provisions of this Part of this Act, increase to such extent as they think proper the allowance and lump sum to which he is entitled under this Part of this Act (other than this section) and he shall be entitled accordingly to receive from them such allowance and lump sum as so increased.

(4) The amount of an increase granted under sub-section (3) of this section of an allowance or lump sum shall not exceed the difference between such allowance or lump sum and that to which the grantee would be entitled under this Part of this Act (other than this section) if his years of completed service were increased by ten.

Ascertainment of continuation of incapacity.

75. —(1) Where a person is entitled under section 67 , section 69 , or section 71 of this Act to receive an allowance or is entitled under section 74 of this Act to receive an increased allowance, the following provisions shall have effect:—

(a) the mental hospital authority by whom the allowance is payable shall from time to time ascertain whether or not the incapacity of such person continues and, for that purpose, may require him to submit himself from time to time to such medical examinations as they may arrange;

(b) if such person fails or refuses to submit himself to any such medical examination, he shall cease to be entitled to receive the allowance;

(c) if at least two registered medical practitioners certify that such person's incapacity has ceased, the authority may, in their discretion, but subject to the consent of the Minister, cancel the allowance and, if they do so, such person shall cease to be entitled to receive the allowance as from the date on which it is cancelled and the authority may, in their discretion, offer him a position in their service of a kind and at a rate of salary or wages at least equal to that enjoyed by him when formerly in their service.

(2) The obligations under this section of a mental hospital authority in regard to any particular person in receipt of an allowance shall cease—

(a) where the name of such person was, immediately before he resigned or otherwise ceased to hold office or employment, entered in the register maintained by the authority under this Part of this Act—on such person's attaining the age of fifty-five years, and

(b) in any other case—on such person's attaining the age of sixty years.

(3) Where a registered medical practitioner examines a person for the purposes of this section and the practitioner is not an officer of the mental hospital authority by whom the examination was arranged, such authority shall pay to the practitioner a fee of one guinea for the examination.

(4) Nothing in this section shall render any period of service under a mental hospital authority of any of their officers or servants reckonable more than once for the purpose of calculating a lump sum payable under this Part of this Act.

Marriage gratuities.

76. —Where—

(a) a female officer or servant of a mental hospital authority leaves their service in order to be married, and

(b) she has been in the service of a mental hospital authority for not less than five years, and

(c) within three months (or such longer period not exceeding six months as the Minister, if in any particular case he so thinks fit, may approve of) after so leaving, she produces to the mental hospital authority whose service she has left a marriage certificate showing that she has been married within that period,

the mental hospital authority whose service she has left shall pay to her a gratuity consisting of one-twelfth of her yearly salary or wages in respect of each of her completed years of service, but subject to the limitation that the gratuity shall not exceed her yearly salary or wages.

Allowances to widows in certain cases.

77. —(1) Where an officer or servant of a mental hospital authority dies while in their service as a result of an injury which was sustained, otherwise than through his own misconduct or negligence, while discharging his duties and such officer or servant is survived by his widow, the authority (whether they have or have not made a grant in relation to such officer or servant under section 70 of this Act) may, in their discretion, but subject to the consent of the Minister and the provisions of this Part of this Act, grant to the widow such allowance for life as they consider proper.

(2) A mental hospital authority, in determining the amount of an allowance to be granted under sub-section (1) of this section to a widow, shall have regard, in particular, to any payment made or to be made by the authority in relation to any claim by the widow otherwise than under this Part of this Act in relation to the death of her husband.

(3) Where an officer or servant of a mental hospital authority, whose name is entered in the register maintained under this Part of this Act by such authority, dies while in their service as a result of any physical or mental illness which was contracted, otherwise than through his own misconduct or negligence, in the service of such authority and such officer or servant is survived by his widow, the authority (whether they have or have not made a grant in relation to such officer or servant under section 70 of this Act) may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, grant to the widow such allowance for life as they consider proper.

(4) A mental hospital authority by whom an allowance has been granted under this section may, subject to the consent of the Minister and the provisions of this Part of this Act, reduce, increase, cancel, or restore (where previously cancelled) such allowance in any circumstances which in their opinion render that course proper.

Allowance in respect of children in certain cases.

78. —(1) Where an officer or servant of a mental hospital authority dies while in their service as a result of an injury which was sustained, otherwise than through his own misconduct or negligence, while discharging his duties and such officer or servant was a widower or widow and is survived by one or more than one dependent child under sixteen years of age, the authority (whether they have or have not made a grant in relation to such officer or servant under section 70 of this Act) may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, grant in respect of the child or each of the children such allowance as they consider proper.

(2) A mental hospital authority, in determining the amount of an allowance to be granted under sub-section (1) of this section, in relation to the death of an officer or servant, shall have regard, in particular, to any payment made or to be made by the authority in relation to any claim, on behalf of the child in respect of whom the allowance is to be granted, otherwise than under this Part of this Act in relation to such death.

(3) Where an officer or servant of a mental hospital authority, whose name is entered in the register maintained under this Part of this Act by such authority, dies while in their service as a result of any physical or mental illness which was contracted, otherwise than through his own misconduct or negligence, in the service of such authority and such officer or servant was a widower or widow and is survived by one or more than one dependent child under sixteen years of age, the authority (whether they have or have not made a grant in relation to such officer or servant under section 70 of this Act) may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, grant in respect of the child or each of the children such allowance as they consider proper.

(4) An allowance under this section shall be paid by the mental hospital authority by whom it was granted to such person as from time to time they think proper for expenditure on behalf of the child in respect of whom it was granted.

(5) A mental hospital authority by whom an allowance has been granted under this section may, subject to the consent of the Minister and the provisions of this Part of this Act, reduce, increase, cancel, or restore (where previously cancelled) such allowance in any circumstances which in their opinion render that course proper.

(6) An allowance under this section shall cease finally on the attainment by the child in respect of whom the allowance was granted of the age of sixteen years or his earlier death.

Limit on allowances and lump sums.

79. —(1) Notwithstanding anything contained in this Part of this Act—

(a) an allowance under this Part of this Act shall not exceed—

(i) in the case of an allowance under section 77 of this Act, one-third of the yearly salary or wages of the officer or servant in question,

(ii) in any other case, one-half of such yearly salary or wages,

(b) a lump sum under this Part of this Act shall not exceed one and one-half times the yearly salary or wages of the officer or servant in question.

(2) For the purposes of paragraph (a) of sub-section (1) of this section, two or more allowances under section 78 of this Act related to the same death shall be regarded as one allowance consisting of the aggregate of such allowances.

Payment of certain deficiencies.

80. —Where an officer or servant of a mental hospital authority who becomes entitled to receive from the authority an allowance and lump sum under this Part of this Act dies while the payments made on foot of the allowance and the lump sum are, in the aggregate, less than his yearly salary or wages, the authority shall pay to the legal personal representative of such officer or servant the amount by which such aggregate is less than his yearly salary or wages.

Forfeiture of allowance in case of grave misconduct.

81. —(1) Where an officer or servant of a mental hospital authority is on account of grave misconduct removed from office or dismissed, he shall not be entitled to receive under this Part of this Act any allowance or lump sum referable in whole or in part to his service under a mental hospital authority prior to such removal or dismissal.

(2) The mental hospital authority in whose service an officer or servant to whom this section is applicable was immediately before his removal from office or dismissal may, in their discretion, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to such officer or servant or to or in respect of any person whom he is liable to maintain a sum equal to the whole or part of the aggregate of his contributions under this Part of this Act.

(3) In this section the expression “grave misconduct” means misconduct which the mental hospital authority, in whose service the relevant officer or servant was immediately before his removal from office or dismissal, determine, with the consent of the Minister, to be grave misconduct.

Reckoning, of service.

82. —(1) All service, whether continuous or not continuous, of an officer or servant of a mental hospital authority under any mental hospital authority, being service as an officer or servant, shall be aggregated and reckoned for the purposes of this Part of this Act.

(2) Notwithstanding sub-section (1) of this section, whenever and so often as an officer or servant of a mental hospital authority leaves their service and the period of his continuous service with them as an officer or servant ending on the date when he leaves their service is less than twelve months, his service during that period shall not be aggregated or reckoned for the purposes of this Part of this Act.

(3) All service, whether continuous or not continuous, of an officer or servant of a mental hospital authority under any local authority other than a mental hospital authority, being service reckonable by such local authority for superannuation purposes, shall be aggregated and reckoned for the purposes of this Part of this Act as if it were service with a mental hospital authority.

(4) Notwithstanding sub-section (3) of this section—

(a) whenever and so often as an officer or servant of a local authority other than a mental hospital authority leaves their service and the period of his continuous service with them, being service reckonable by them for superannuation purposes, ending on the date when he leaves their service is less than twelve months, his service during that period shall not be capable of being aggregated or reckoned for the purposes of this Part of this Act,

(b) service with a local authority other than a mental hospital authority in respect of which a superannuation allowance has been granted by such local authority shall not be aggregated or reckoned for the purposes of this Part of this Act.

(5) Where the superannuation benefits or the conditions qualifying a person for superannuation are not the same in the case of an officer of a local authority other than a mental hospital authority and an officer or servant of a mental hospital authority, the mental hospital authority shall, with the consent of the Minister, determine what modifications (if any) corresponding to the difference between the said respective benefits or conditions shall be made in any amount which, in any particular case, is granted under this Part of this Act in accordance with this section.

Abatement of allowance on appointment of recipient.

83. —(1) Where any person, to whom an allowance under this Part of this Act is paid, is appointed to any office or employment by a mental hospital authority or any other local authority or to any office or employment remunerated out of moneys provided by the Oireachtas, the following provisions shall, so long as he holds such office or employment, have effect:—

(a) in case the remuneration of such office or employment equals or is greater than that of the office or employment in respect of which the allowance was granted—such person shall not be paid the allowance;

(b) in any other case—such person shall be paid no more of the allowance than so much thereof as, together with the remuneration of such office or employment, equals the remuneration of the office in respect of which the allowance was granted.

(2) If and so long as an allowance payable by a mental hospital authority and contributed to by another mental hospital authority is, in pursuance of this section, not paid, the contribution shall also not be paid.

(3) If and so long as an allowance payable by a mental hospital authority and contributed to by another mental hospital authority is, in pursuance of this section, reduced, the contribution shall be reduced in the same proportion as the allowance is reduced.

Reduction of certain allowances.

84. —(1) Where a person, to whom an allowance is paid on account of having ceased, before or after the commencement of this Part of this Act, to hold an office or employment (in this section referred to as the former office) remunerated out of moneys provided by the Oireachtas or to which he was appointed by a local authority other than a mental hospital authority, is appointed to any office or employment (in this section referred to as the later office) by a mental hospital authority, the following provisions shall, so long as he holds the later office, have effect:—

(a) in case the salary or wages of the later office are equal to or greater than the salary or wages of the former office—such person shall not be paid the allowance;

(b) in any other case—such person shall be paid no more of the allowance than so much thereof as, together with the salary or wages of the later office, equals the salary or wages of the former office.

(2) If and so long as an allowance payable by any person and contributed to by another person is, in pursuance of this section, not paid, the contribution shall also not be paid.

(3) If and so long as an allowance payable by any person and contributed to by another person is, in pursuance of this section, reduced, the contribution shall be reduced in the same proportion as the allowance is reduced.

Contributions.

85. —(1) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority shall contribute in each year for the purposes of this Part of this Act three per cent. of his salary or wages for that year and the amount of such contribution shall from time to time be deducted from his salary or wages.

(2) Where a deduction proper to be made under this section by a mental hospital authority from the salary or wages of an officer or servant is not made, the authority may recover the amount in question by retaining it out of any sum due by them to the officer or servant or by withholding any allowance or lump sum payable by them under this Part of this Act to or in respect of the officer or servant.

(3) Every contribution made under the Act of 1909 by an officer or servant of a mental hospital authority shall, where appropriate, be regarded as a contribution under this Part of this Act.

Return of contributions.

86. —(1) Where—

(a) an officer or servant of a mental hospital authority loses his office or employment by any cause other than misconduct or voluntary resignation, and

(b) he has been in the service of a mental hospital authority for less than ten years,

the mental hospital authority in whose service he was immediately before he lost his office or employment shall, save where such authority make a grant to him under section 71 of this Act, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to him the aggregate amount of his contributions under this Part of this Act.

(2) Where an officer or servant of a mental hospital authority resigns voluntarily from their service and is not thereupon entitled to an allowance under this Part of this Act, the authority may, in their discretion, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to him a sum equal to the whole or part of the aggregate amount of his contributions under this Part of this Act.

(3) Where an officer or servant of a mental hospital authority dies while in their service and such officer or servant had been in the service of a mental hospital authority for less than five years, the mental hospital authority in the service of whom he died (whether such authority have or have not made a grant in relation to him under section 77 or 78 of this Act) may, in their discretion, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to his legal personal representative the aggregate amount of the contributions of such officer or servant under this Part of this Act.

(4) Where—

(a) a female officer or servant of a mental hospital authority leaves their service in order to be married, and

(b) she has been in the service of a mental hospital authority for less than five years, and

(c) within three months (or such longer period not exceeding six months as the Minister, if in any particular case he so thinks fit, may approve of) after so leaving, she produces to the mental hospital authority whose service she has left a marriage certificate showing that she has been married within that period,

the mental hospital authority whose service she has left shall, subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922, pay to her the aggregate amount of her contributions under this Part of this Act.

(5) Where an officer or servant who receives a payment under this section is subsequently appointed to the service of a mental authority, no service under any mental hospital authority of such officer or servant before such appointment shall be aggregated or reckoned for the purposes of this Part of this Act unless, upon such appointment, such payment is returned to the mental hospital authority by whom it was paid.

(6) Where a payment is returned to a mental hospital authority under sub-section (5) of this section and a contribution has been made under this Part of this Act to such payment by another mental hospital authority, the first-mentioned authority shall return to such other authority the amount of the contribution.

Assignment of pensions, etc.

87. —(1) The following provisions shall have effect in relation to any payment (in this section referred to as the grant) payable under this Part of this Act by a mental hospital 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 family 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 mental hospital 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 mental hospital 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 mental hospital 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 mental hospital authority so think fit, be dispensed with and the sum may be paid or distributed to or among the persons appearing to the mental hospital 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 case of the illegitimacy of the deceased, to or among such persons as the mental hospital authority think fit, and the mental hospital 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 mental hospital authority think fit,

(g) where a payment is made to any person by the mental hospital authority in pursuance of this section, the receipt of that person shall be a good discharge for the sum paid.

(2) A mental hospital authority may, with the consent of the Minister, make rules requiring declarations to be made for any purpose relating to payments made pursuant to this section and a person to whom any such payment may be made shall not be entitled to receive such payment if he fails to make any declaration which he is required by such rules to make.

(3) Any person who makes a wilful misstatement of material fact in any declaration made under any rule made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or to imprisonment for any term not exceeding three months.

Officer or servant becoming Civil Servant.

88. —(1) Where—

(a) a person—

(i) who had not attained the age of fifty-five years was appointed before the commencement of this Part of this Act to an established position in the civil service of the State, or

(ii) who has not attained the age of fifty-five years is appointed after the commencement of this Part of this Act to an established position in the civil service of the State, and

(b) such person was, before such appointment, paying contributions under the Act of 1909 or this Part of this Act in respect of an office or employment the duties of which relate to the same matters as the duties of such established position, and

(c) such person has not been repaid such contributions or, having been repaid them, has refunded them under the Act of 1909 or this Part of this Act,

the services of such person in respect of which such contributions were paid shall, for the purposes of the Superannuation Acts, 1834 to 1942, be regarded as service in an established position in the civil service of the State.

(2) Where the superannuation benefits or the conditions qualifying a person for superannuation are not the same in the c ase of a civil servant and of a person paying contributions under the Act of 1909 or this Part of this Act, the Minister for Finance may determine what modifications (if any) corresponding to the difference between the said respective benefits or conditions shall be made in the amount which, in any particular case, is granted by virtue of sub-section (1) of this section under the Superannuation Acts, 1834 to 1942.

(3) Where any payment is made to any person in accordance with this section, the Minister for Finance may determine what part or parts of the payment shall be defrayed out of any fund or funds to which such person made contributions under this Part of this Act or the Act of 1909, and thereupon the relevant mental hospital authority or authorities shall pay to the said Minister out of that fund or those funds the amount or the respective amounts determined by him as aforesaid.

Civil Servant becoming officer or servant.

89. —(1) Where—

(a) an officer or servant of a mental hospital authority was, immediately before the commencement of this Part of this Act, paying contributions under the Act of 1909, and

(b) such officer or servant began to pay such contributions before reaching the age of fifty-five years, and

(c) such officer or servant held, immediately before beginning to pay such contributions, an established position in the civil service of the State the duties of which related to the same matters as the duties of the office or employment in respect of which he was paying such contributions,

the service of such officer or servant in such established position shall, if he has not received compensation for the loss thereof, be regarded for the purposes of this Part of this Act as service under a mental hospital authority.

(2) Where a person holding an established position in the civil service of the State becomes an officer or servant of a mental hospital authority the duties of whose office or employment relate to the same matters as the duties of such established position, the service of such person in such established position shall, if he has not received compensation for the loss thereof, be regarded for the purposes of this Part of this Act as service under a mental hospital authority.

(3) Where the superannuation benefits or the conditions qualifying a person for superannuation are not the same in the case of a civil servant and an officer or servant of a mental hospital authority, the Minister for Finance may determine what modifications (if any) corresponding to the difference between the said respective benefits or conditions shall be made in any amount which, in any particular case, is granted under this Part of this Act in accordance with this section.

(4) Where any payment is made by a mental hospital authority to any person in accordance with this section, the Minister for Finance may make such contribution to the payment as he considers reasonable out of moneys provided by the Oireachtas and shall pay the contribution to such authority.

Contributions in case of service with more than one mental hospital authority.

90. —Where an allowance, lump sum, marriage gratuity, refund of contributions or other payment is payable under this Part of this Act by a mental hospital authority (in this section referred to as the paying authority) to or in respect of any person in respect of his ceasing to hold office or employment under them and, in determining the amount of the allowance, lump sum, gratuity, refund or other payment, any service of such person under another mental hospital authority or a local authority other than a mental hospital authority (in this section referred to as the contributing authority) has been reckoned, the contributing authority shall refund to the paying authority a part of the allowance, lump sum, gratuity, refund or other payment reckoned according to the service and pay or the contributions of such person under the contributing body and to the circumstances under which he has ceased to hold office or employment under the paying authority, and such part shall be settled by agreement between the paying authority and the contributing authority or, in default of agreement, by the Minister.

Reckoning of service with mental hospital authority on grant of superannuation allowance by local authority other than mental hospital authority.

91. —(1) All service, whether continuous or not continuous, of an officer or servant of a mental hospital authority shall, in case he becomes an officer or servant of a local authority other than a mental hospital authority, be aggregated and reckoned for the purposes of granting and calculating any superannuation allowance which may be payable to him by such local authority.

(2) Notwithstanding sub-section (1) of this section—

(a) whenever and so often as an officer or servant of a mental hospital authority leaves their service and the period of his continuous service with them ending on the date when he leaves their service is less than twelve months, his service during that period shall not be capable of being aggregated or reckoned in accordance with sub-section (1) of this section;

(b) service in relation to which a payment has been made under sub-section (1) or sub-section (2) or sub-section (4) of section 86 of this Act shall not be aggregated or reckoned in accordance with sub-section (1) of this section unless such payment is returned to the mental hospital authority by whom it was paid.

(3) Where a payment is returned to a mental hospital authority under sub-section (2) of this section and a contribution has been made under this Part of this Act to such payment by another mental hospital authority, the first-mentioned authority shall return to such other authority the amount of the contribution.

(4) Where a superannuation allowance is payable by a local authority other than a mental hospital authority (in this sub-section referred to as the paying authority) to a person in respect of his ceasing to hold office or employment under them, and, in determining the amount of the allowance, any service of such person under a mental hospital authority (in this sub-section referred to as the contributing authority) has been reckoned in accordance with sub-section (1) of this section, the contributing authority shall refund to the paying authority a part of the allowance reckoned according to the service and pay or the contributions of such person under the contributing authority and to the circumstances under which he has ceased to hold office or employment under the paying authority, and such part shall be settled by agreement between the paying authority and the contributing authority or, in default of agreement, by the Minister.

Appeal to the Minister.

92. —(1) Where—

(a) an officer or servant of a mental hospital authority resigns or otherwise ceases to hold office or employment under the authority, and

(b) the officer or servant is aggrieved by the grant made pur suant to this Part of this Act by the authority to him or by the neglect or refusal of the authority to make pursuant to this Part of this Act a grant to him,

the officer or servant may, within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of) after having resigned or otherwise ceased to hold office or employment, report the facts of the case to the Minister and the Minister, if he is satisfied that the officer or servant has good reason for being aggrieved, may make any grant to the officer or servant which he thinks just and which could have been made by the authority and such grant shall have effect as if made by the authority and in lieu of the grant (if any) made by them.

(2) Where—

(a) an officer or servant of a mental hospital authority dies, and

(b) the legal personal representative of the deceased, or, in case the deceased is a widower survived by one or more than one dependent child under sixteen years of age, any person acting on behalf of the child or children, is aggrieved by the grant made pursuant to this Part of this Act by the authority in relation to the deceased or by the neglect or refusal of the authority to make pursuant to this Part of this Act a grant in relation to the deceased,

such representative or person may within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of) after the death of the deceased, report the facts of the case to the Minister and the Minister, if he is satisfied that such representative or person has good reason for being aggrieved, may make any grant in relation to the deceased which he thinks just and which could have been made by the authority, and such grant shall have effect as if made by the authority and in lieu of the grant (if any) made by them.

(3) Where, in a case to which sub-section (1) or sub-section (3) of section 77 of this Act is applicable, the widow of a deceased officer or servant of a mental hospital authority is aggrieved by the neglect or refusal of the authority to make pursuant to that sub-section a grant to her, she may, within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of) after the death of the deceased, report the facts of the case to the Minister and the Minister, if he is satisfied that she has good reason for being aggrieved, may make any grant to her which he thinks just and which could have been made by the authority and such grant shall have effect as if made by the authority.

Age limit.

93. —(1) The Minister may by regulations declare any specified age to be the age limit for all officers of mental hospital authorities, for such officers of mental hospital authorities as belong to a specified class, description or grade or for one or more than one specified officer of a mental hospital authority.

(2) The Minister may by regulations declare any specified age to be the age limit for all servants of mental hospital authorities, for such servants of mental hospital authorities as belong to a specified class, description or grade or for one or more than one specified servant of a mental hospital authority.

(3) A declaration under this section shall come into force six months after the day on which it is made.

(4) If, on the day when a declaration under this section comes into force, an officer or servant to whom the declaration applies reaches or is older than the age specified in the declaration as the age limit applicable to him, he shall cease to hold office or employment on the said day when the declaration comes into force.

(5) If, on a day after the day when a declaration under this section comes into force, an officer or servant to whom the declaration applies reaches the age specified in the declaration as the age limit applicable to him, he shall cease to hold office or employment on the said day after the day on which the declaration comes into force.