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4 1948

LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1948

PART I.

Preliminary and General.

Short title.

1. —This Act may be cited as the Local Government (Superannuation) Act, 1948.

Definitions.

2. —In this Act—

the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925);

the expression “the appropriate Minister” means—

(a) in case the local authority in question are a vocational education committee, the Minister for Education,

(b) in case the local authority in question are a committee of agriculture, the Minister for Agriculture,

(c) in any other case, the Minister;

the expression “the civil service,” when used without qualification includes, in addition to the civil service of the Government the civil services mentioned in paragraphs (a), (b), (e) and (f) of sub-section (1) of section 2 of the Superannuation Act, 1936 (No. 39 of 1936);

the word “emolument” means any apartments, rations, or other perquisite in kind (or, as the case may require, a monetary payment given in lieu of such apartments, rations, or other perquisites) appertaining to an office or employment;

the expression “established officer” means an officer of a local authority whose name is entered in the register of established officers maintained by such local authority under section 8 of this Act;

the expression “established position”, when used in relation to the civil service, has the same meaning as it has in the Superannuation Act, 1936 (No. 39 of 1936);

the expression “established servant” means a servant of a local authority whose name is entered in the register of established servants maintained by such local authority under section 38 of this Act;

the expressions “fire brigade officer” and “fire brigade servant” mean respectively an officer or a servant of a fire brigade authority under the Fire Brigades Act, 1940 (No. 7 of 1940), coming within a class specified in regulations under section 71 of this Act;

the expression “harbour authority” means a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946);

the expression “local body” has the same meaning as it has in Part IV of the Act of 1925;

the expression “local authority” means, subject to subsection (7) of section 5 of this Act, any of the following bodies:—

(a) a local authority for the purposes of the Local Government Acts, 1925 to 1946, other than a mental hospital board,

(b) a vocational education committee,

(c) a committee of agriculture,

(d) a school attendance committee,

(e) the Dublin Fever Hospital Board,

(f) the Cork Fever Hospital Board;

the expression “mental hospital board” means a joint board within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945);

the expressions “mental hospital officer” and “mental hospital servant” mean respectively an officer or a servant whose duties relate wholly to the functions now vested in a mental hospital authority under the Mental Treatment Act, 1945 (No. 19 of 1945);

the expression “the Minister” means the Minister for Local Government;

the word “officer” does not include a mental hospital officer or a person holding any of the offices mentioned in section 17 of the Local Government Act, 1941 (No. 23 of 1941);

the expression “pensionable local service” means—

(a) in relation to an established officer, his pensionable local service determined under Part II of this Act,

(b) in relation to an established servant, his pensionable local service determined under Part III of this Act,

(c) in relation to a pensionable officer to whom Part IV of the Act of 1925 applies, his service for the purposes of the said Part IV,

(d) in relation to a pensionable officer to whom any Act passed before the Act of 1925 and relating to superannuation applies, his service for the purposes of that Act;

the expression “pensionable officer” means a permanent officer who—

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

(b) in the case of an officer who acts as superintendent registrar of births, deaths and marriages or as registrar of marriages, devotes the remainder of his time to the service of one or more than one local authority,

(c) is required to be a registered medical practitioner or a nurse or a midwife, or

(d) is a pensionable officer for the purposes of Part IV of the Act of 1925;

the expression “pensionable office” means the office of a pensionable officer;

the expression “permanent officer” means an officer other than an officer appointed—

(a) for a specified period only,

(b) until the completion of a specified work or duty,

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

(d) during the absence or incapacity of another person;

the expression “permanent servant” means a servant whose employment is of a permanent and whole-time character and is not employment (other than employment in a supervising capacity) on any work or scheme of works the expenses of which are in whole or in part met from moneys provided by the Oireachtas for the provision of employment and the relief of distress;

the word “servant” does not include a mental hospital servant;

the expression “the Superannuation Acts” means the Superannuation Acts, 1834 to 1946;

the word “unfitness” means unfitness of an officer or servant for his office or employment, but does not include unfitness due to physical or mental infirmity or old age.

Laying of regulations before Oireachtas.

3. —Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Commencement of Part II.

4. Part II of this Act shall come into operation on such day as the Minister by order appoints for that purpose.

Commencement of Part III.

5. —(1) A local authority may by resolution decide to adopt Part III of this Act as on and from a specified date not earlier than one month after the date of the resolution.

(2) A resolution under this section shall contain a declaration of the maximum number of the persons to be at any one time in the employment of the local authority as permanent servants.

(3) The passing of a resolution under this section shall be a reserved function for the purposes of the County Management Acts, 1940 and 1942, and for the purposes of the Act or Acts relating to the management of any county borough.

(4) Not less than one month nor more than two months before a resolution under this section is passed, notice in writing of the intention to propose the resolution shall be given to the appropriate Minister and to either—

(a) in the case of the corporation of a borough, every member of the council of the borough, or

(b) in any other case, every member of the local authority.

(5) Where a local authority pass a resolution under this section deciding to adopt Part III of this Act as on and from a specified date, that Part and the declaration in the resolution as to the maximum number of persons to be at any one time in the employment of the local authority shall come into operation in relation to them on that date.

(6) Part III of this Act shall come into operation as provided by subsection (5) of this section and not otherwise.

(7) A reference in Part III of this Act to a local authority does not include a reference to any local authority in relation to whom that Part has not come into operation.

(8) The commencement of Part III of this Act in relation to a local authority shall not have the effect of applying section 53 of the Act of 1925 to such local authority.

Expenses of the Minister.

6. —The expenses incurred by any Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

7. —The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.