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4 1948

LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1948

PART II.

Established Officers.

Register of established officers.

8. —(1) A local authority shall maintain a register to be known as the register of established officers (in this Part of this Act referred to as the register).

(2) Where a person becomes a pensionable officer of a local authority, the local authority shall enter his name in the register.

(3) If any doubt, dispute or question arises as to whether the name of a particular person should be entered in the register, the doubt, dispute or question shall be determined by the appropriate Minister whose decision shall be final.

(4) A local authority shall not enter the name of any person in the register save in accordance with this section.

(5) A local authority shall keep at their principal office the register open at all reasonable times for inspection by their officers and by either—

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

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

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

9. —A local authority shall from time to time record in the register, as respects each name therein of an established officer—

(a) his salary and the annual money value of his emoluments (if any) as determined under section 35 of this Act,

(b) particulars of every office held by him under them or any other local authority.

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

10. —(1) A local authority shall remove from the register the name of any person who ceases to be a pensionable officer of such local authority.

(2) The removal of a name from the register may be effected by a note on the register indicating that the name has been removed and the date of the removal and the reinstatement of a name in the register may be effected by a note on the register indicating that the name has been reinstated and the date of the reinstatement.

(3) A person aggrieved by the removal of his name by a local authority from the register may appeal against the removal to the appropriate Minister and that Minister may by order either refuse the appeal or direct the name to be reinstated in the register and, in the latter case, the local authority shall reinstate the name in the register.

(4) The decision of the appropriate Minister on an appeal under this section shall be final.

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

11. —Where an established officer of a local authority ceases to hold any office under them, they shall so inform any other local authority under whom such officer holds any office.

Certain existing enactments not to apply to established officer.

12. —The provisions of any public or local Act (other than this Act) whereby a local authority is empowered to grant to any person in their service an allowance or gratuity on his ceasing to hold his position shall not apply in relation to any established officer of such local authority.

General limitations on service to be reckoned by established officer.

13. —(1) A provision of this Part of this Act entitling an established officer to reckon as service any period shall be subject to the overriding qualification that he shall not be entitled so to reckon any of the following:—

(a) any period in respect of which he has already received a lump sum, an allowance or a gratuity under this or any other Act relating to superannuation or under any scheme relating to superannuation made under any Act,

(b) any period before he reached the age of eighteen years,

(c) any period in respect of which any contributions have been returned to him under section 32 of this Act, unless he has repaid such contributions under section 33 of this Act,

(d) any period in respect of which any contributions have been returned to him under section 57 of this Act,

(e) any period before a date on which he was removed from office under a local authority for misconduct or for unfitness,

(f) any period before a date on which he deliberately absents himself from the place where he performs his duties or refrains from performing his duties with the purpose of inducing the local authority of which he is an officer to alter his salary or conditions of service or of inducing any other local authority to alter the salaries, wages or conditions of service of any of their officers or servants.

(2) Where a period of service of an officer of a local authority has, having regard to paragraph (f) of subsection (1) of this section, become forfeited—

(a) the local authority shall give notice in writing of the forfeiture to the officer,

(b) the officer may, not later than one month after such notice has been given to him, appeal to the appropriate Minister against the forfeiture,

(c) the appropriate Minister may by order either refuse the appeal or declare that all or part of the period of service shall be restored and, in the latter case, the said paragraph (f) shall have effect subject to the declaration,

(d) the decision of the appropriate Minister on the appeal shall be final.

Service as established officer.

14. —An established officer of a local authority shall be entitled to reckon as service—

(a) any period during which he was an established officer of that local authority,

(b) any period of two years or more during which he was an established officer of any other local authority,

(c) any period of less than two years during which he was an established officer of any other local authority and at the termination of which he resigned with the written sanction of such other local authority and with the consent of the appropriate Minister.

Service of established officer as mental hospital officer or servant.

15. —(1) An established officer shall be entitled to reckon as service—

(a) any period of two years or more during which he was a mental hospital officer or servant and which he was entitled to reckon as service for the purposes of Part VIII of the Mental Treatment Act, 1945 (No. 19 of 1945), or any earlier enactment corresponding to the said Part VIII, and

(b) any period of less than two years during which he was a mental hospital officer or servant, which he was entitled to reckon as service for the purposes of Part VIII of the Mental Treatment Act, 1945 (No. 19 of 1945), or any earlier enactment corresponding to the said Part VIII and at the termination of which he resigned from his office or relinquished his employment with the written sanction of the mental hospital authority under whom he held his office or employment and with the consent of the Minister for Health,

unless, if contributions were made by him during the period for the purposes of the said Part VIII or the said earlier enactment, those contributions have been paid back to him and have not been returned by him.

(2) Section 91 of the Mental Treatment Act, 1945 , shall not apply in relation to an established officer.

Service of established officer under harbour authority.

16. —An established officer shall be entitled to reckon as service any period during which he held a pensionable position in the service of a harbour authority.

Service as school teacher.

17. —An established officer of a vocational education committee shall be entitled to reckon as service any period which he is permitted to reckon by regulations under section 72 of this Act.

Service in the civil service.

18. —Where—

(a) an established officer of a local authority held an established position in the civil service immediately before he was appointed to be a pensionable officer of a local authority, and

(b) the Minister for Finance consented to the application to him of this section, and

(c) the local authority to whose service he was appointed did not refuse at the time of such appointment to consent to the application to him of this section,

the officer shall be entitled to reckon as service his service for the purposes of the Superannuation Acts prior to the date of such appointment.

Service as pensionable servant.

19. —(1) An established officer of the corporation of the county borough of Dublin shall be entitled to reckon as service any continuous period ending on the day on which he first became a pensionable officer of that corporation during which he was a pensionable servant of that corporation.

(2) An established officer of the corporation of the borough of Dún Laoghaire shall be entitled to reckon as service any continuous period ending on the day on which he first became a pensionable officer of that corporation during which he was a pensionable servant of that corporation.

(3) A person shall not be regarded as having been, for the purposes of subsection (1) or (2) of this section, a pensionable servant of a corporation during a period unless during that period he was either an established servant of the corporation or registered in a register of permanent employees maintained by them at the commencement of this Part of this Act.

(4) An established officer shall be entitled to reckon as service any continuous period ending when he first became an established officer of any local authority during which he was an established servant of any local authority.

Pensionable local service of established officer.

20. —(1) For the purposes of this Act, the pensionable local service of an established officer at any time shall be the number of whole years in the period or in the aggregate of the periods which under this Part of this Act he is entitled at that time to reckon as service, any odd fraction of a whole year being disregarded.

(2) Notwithstanding subsection (1) of this section, where the number of whole years in the period or in the aggregate of the periods which under this Part of this Act a fire brigade officer is entitled to reckon as service, any odd fraction of a whole year being disregarded, is twenty-one or more, then, for the purposes of this Part of this Act, the pensionable local service of such officer shall be that number of years together with the excess of that number of years over twenty years.

Addition of years to pensionable local service of established officer.

21. —(1) Where an established officer of a local authority has not less than ten years of pensionable local service and—

(a) he is removed from his office for a cause other than misconduct or unfitness,

(b) his office is abolished, or

(c) his position has, in the opinion of the appropriate Minister, been materially altered to his detriment by changes in its conditions made without reasonable cause and he resigns his office with the consent of the appropriate Minister,

the local authority shall add to his pensionable local service such number of additional years as may be sanctioned by the Minister, but not exceeding—

(i) if his pensionable local service is twenty years or more—ten additional years,

(ii) if his pensionable local service is an even number of years less than twenty—half that number of additional years, or

(iii) if his pensionable local service is an odd number of years less than twenty—half the next lower whole number of additional years.

(2) Where—

(a) an established officer of a local authority who has not less than ten years of pensionable local service ceases to hold his office otherwise than by removal for his misconduct or unfitness for his office and in circumstances such that subsection (1) of this section does not apply, and

(b) there are, in the opinion of the local authority, special reasons which justify the addition of years to his pensionable local service,

the local authority, if they so think fit, may, with the consent of the Minister, add to his pensionable local service a number of additional years not exceeding ten.

Service of established officer at termination of office.

22. —For the purposes of this Part of this Act, the service of an established officer at the termination of his office shall be his pensionable local service together with any additional years added under section 21 of this Act.

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

23. —(1) Where—

(a) an established officer of a local authority ceases to hold his office and is not appointed to another pensionable office under a local authority or to be an officer for the purposes of Part VIII of the Mental Treatment Act, 1945 (No. 19 of 1945), and

(b) the local authority either are of opinion that in general he has served in such office with diligence and fidelity and to their satisfaction or, not being of that opinion, they nevertheless decide that, in the special circumstances of his case, he should be granted a reduced lump sum and allowance,

the local authority shall grant him a lump sum and allowance in any of the cases specified in subsection (2) of this section.

(2) The cases referred to in subsection (1) of this section are the following:—

(a) where the officer has ceased to hold his office otherwise than by removal and—

(i) he has attained the age of sixty years and has not less than twenty years of pensionable local service.

(ii) he is a fire brigade officer, has attained the age of fifty-five years and has not less than twenty years of pensionable local service, or

(iii) he has become incapable of performing his duties by reason of permanent infirmity of mind or body and has not less than ten years of pensionable local service;

(b) where the officer was removed from his office for a cause other than misconduct or unfitness and has not less than ten years of pensionable local service;

(c) where the office of the officer was abolished and he has not less than ten years of pensionable local service;

(d) where the position of the officer was, in the opinion of the appropriate Minister, materially altered to his detriment by changes in its conditions made without reasonable cause and he resigned his office with the consent of the appropriate Minister having not less than ten years of pensionable local service;

(e) where the officer has ceased to hold his office on account of having attained the age limit therefor and has not less than ten years of pensionable local service.

Determination of lump sum granted to established officer.

24. —The amount of the lump sum to be granted under section 23 of this Act to an established officer shall be equal to—

(a) one-thirtieth of his pensionable remuneration multiplied by the number of the years of his service at the termination of his office, or

(b) one and one-half times his pensionable remuneration, whichever is the less.

Determination of allowance granted to established officer.

25. —The allowance to be granted to an established officer under section 23 of this Act on his ceasing to hold office shall be—

(a) an allowance at the rate per annum of one-eightieth of his pensionable remuneration multiplied by the number of the years of his service at the termination of his office, or

(b) an allowance at the rate per annum of one-half of his pensionable remuneration,

whichever is the less.

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

26. —Where a local authority decide under section 23 of this Act that an established officer shall be granted a reduced lump sum and allowance, they shall reduce the amount of the lump sum and the rate per annum of the allowance granted to him under section 23 of this Act below the amount and rate that would be appropriate therefor under sections 24 and 25 of this Act and to an extent not less than fifty per cent.

Grant of short service gratuity to established officer.

27. —Where an established officer of a local authority having not less than one year and less than ten years of pensionable local service ceases to hold his office on account of being incapable of performing his duties by reason of permanent infirmity of mind or body, the local authority shall grant to him a gratuity of such amount, not exceeding one-twelfth of his pensionable remuneration multiplied by the number of the years of his pensionable local service, as they consider proper.

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

28. —(1) Where an established officer of a local authority dies in office having not less than five years of pensionable local service, the local authority shall grant to his legal personal representative a gratuity of an amount equal to—

(a) one-thirtieth of his pensionable remuneration multiplied by the number (subject to a maximum of forty-five) of such years of pensionable local service, or

(b) his pensionable remuneration,

whichever is the greater.

(2) Where an established officer of a local authority dies in office having not less than one year and less than five years of pensionable local service, the local authority shall grant to his legal personal representative a gratuity of such amount, not exceeding one-twelfth of his pensionable remuneration multiplied by the number of the years of his pensionable local service, as they consider proper.

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

29. —Where a person, who was an established officer of a local authority and who was granted under section 23 of this Act a lump sum and allowance on ceasing to hold office, dies before the total of all the sums received by him on foot of the lump sum and allowance is equal to his pensionable remuneration, the local authority shall grant to his legal personal representative a gratuity equal to the difference between the said total amount and the said pensionable remuneration.

Grant of gratuity to female established officer on marriage.

30. —Where a female established officer of a local authority who has not less than five years of pensionable local service ceases to hold her office by reason of her marriage or intended marriage and, before the expiration of three months after such cesser, she produces to the local authority a marriage certificate showing that she has been married, the following provisions shall have effect:—

(a) if the local authority are of opinion that she has served in her office with diligence and fidelity and to their satisfaction, the local authority shall grant to her a gratuity of an amount equal to—

(i) one-twelfth of her pensionable remuneration multiplied by the number of years of her pensionable local service, or

(ii) her pensionable remuneration,

whichever is the less;

(b) if the local authority, although not being of opinion that she has served in her office with diligence and fidelity and to their satisfaction, nevertheless decide that in the special circumstances of the case, she should be granted a reduced gratuity, they shall grant to her a gratuity of an amount equal to the amount that would be appropriate under paragraph (a) of this section reduced to such extent, not less than fifty per cent., as they consider proper.

Contributions by established officers.

31. —(1) An established officer of a local authority shall contribute to such local authority for the purposes of this Part of this Act at the rate per annum of five per cent. of—

(a) his annual salary, and

(b) the annual value as determined under section 35 of this Act of his emoluments, if any.

(2) The contribution to be made by an established officer of a local authority under this section may be obtained by such local authority by means of periodical deductions from his salary, but, if any such deduction proper to be made by a local authority from his salary is not made, such local authority may, without prejudice to any other remedy, recover the amount by retaining it out of any sums due by them to him or out of any lump sum or allowance payable by them to or in respect of him.

(3) Where, under section 64 of this Act, lump sums, allowances or gratuities granted by a local authority are paid by another local authority, the first-mentioned local authority shall from time to time (but not less frequently than once in each quarter) transfer to the other local authority—

(a) in case the first-mentioned local authority are a vocational education committee—one-half of all sums received by them by way of contribution under this section,

(b) in any other case—the whole of all such sums.

Return of contributions to established officer.

32. —(1) In this Part of this Act, the expression “the contributions” means, in relation to an established officer, the aggregate amount of—

(a) any contributions made by him under section 31 of this Act,

(b) where he has made any contributions under section 56 of this Act, those contributions,

(c) where he has made contributions under section 85 of the Mental Treatment Act, 1945 (No. 19 of 1945), those contributions,

(d) where he has made contributions under the Asylum Officers' Superannuation Act, 1909, those contributions,

but exclusive of any of the said contributions which have been returned to him and which he has not repaid.

(2) Where an established officer of a local authority who has less than ten years of pensionable local service ceases to hold his office for any cause other than misconduct and is not granted a gratuity under section 28 of this Act, the local authority shall return to him the contributions.

(3) Where an established officer of a local authority who has less than one year of pensionable local service dies, the local authority shall return the contributions to his legal personal representative.

(4) Where an established officer of a local authority having not less than ten years of pensionable local service ceases to hold his office for any cause other than misconduct, does not accept any other pensionable office under a local authority and is not entitled to a lump sum and allowance under section 23 of this Act or a marriage gratuity under section 30 of this Act, the local authority shall return to him the contributions.

(5) Where an established officer of a local authority is removed from office for misconduct, the local authority may, if they are of opinion that there are special reasons for so doing, return to him the contributions.

(6) Where a local authority return the contributions and the amount returned includes a sum for contributions made by the officer in question and held by another local authority or a mental hospital board, that authority or board shall refund such sum to the local authority who returned the contributions.

(7) The proviso to subsection (1) of section 31 of the Finance Act, 1922, shall apply in relation to a return of contributions made under this section.

Repayment of returned contributions.

33. —Where, after the contributions have been returned under section 32 of this Act to an established officer of a local authority on his ceasing to be an established officer, he again becomes an established officer of a local authority by virtue of a subsequent appointment, he shall be entitled, before (but not after) the expiration of twelve months after the subsequent appointment, to repay to the first-mentioned local authority the amount so returned by them for the purpose of enabling him to reckon as pensionable local service his period of such service before such cesser and, if he does repay the said amount and any other local authority or any mental hospital board refunded any part of it, the first-mentioned local authority shall repay to the other local authority or mental hospital board the amount of the refund.

Meaning of salary.

34. —(1) In this Part of this Act, the word “salary”—

(a) does not include any of the following:—

(i) payments for overtime,

(ii) travelling expenses or other allowances to cover particular expenses,

(iii) payments for acting as clerk to a local pensions committee under section 8 of the Old Age Pensions Act, 1908, or to a sub-committee appointed by any such committee,

(iv) payments for acting as superintendent registrar of births, deaths and marriages or as registrar of marriages,

(v) payments for special work of a casual or temporary nature or for filling a position temporarily or as a substitute pending a permanent appointment;

(b) subject to paragraph (a) of this subsection, includes all fees, poundages and other payments in money to an officer as such for his own use.

(2) The Minister may, if he thinks fit, by order direct that payments of a specified kind, being a kind mentioned in sub-paragraph (i) or (v) of paragraph (a) of subsection (1) of this section, shall be for the purposes of this Part of this Act part of the salary of a particular officer or of every officer, and thereupon, notwithstanding subsection (1) of this section, the word “salary” shall in this Part of this Act, include, as respects that officer or every officer (as may be appropriate) payments of that kind.

Calculation of pensionable remuneration of established officer.

35. —(1) A local authority shall, from time to time and whenever so directed by the Minister, determine the annual money value of every (if any) emolument of an established officer and shall keep displayed, in every office or institution which they maintain and in a conspicuous position accessible to their officers, a list of the values so determined of the emoluments of the established officers employed in or from such office or institution.

(2) A determination under subsection (1) of this section shall be subject to the sanction of the Minister.

(3) Where an established officer is in receipt of a particular rate of salary on any day, his pensionable remuneration for the purposes of this Part of this Act on that day shall be—

(a) in case the period or the aggregate of the periods which under this Part of this Act he is entitled to reckon as service is not less than three years—

(i) if, during the whole of the period or periods comprising the last three years of the period or the aggregate of the periods which under this Part of this Act he is entitled to reckon as service, he was either in receipt of salary at the said particular rate or was in the same grade of officers—the amount of salary which he would receive in a year calculated by reference to the said particular rate, or

(ii) in any other case—one-third of the aggregate of the amounts received by him by way of salary during the said period or periods comprising the said three years, or, in a case where he was not on full salary during the whole of the said period or periods, one-third of the aggregate of the amounts which he would have so received if he had been on full salary during the whole of the said period or periods, or

(b) in case the period or the aggregate of the periods which under this Part of this Act he is entitled to reckon as service is less than three years—

(i) if, during the whole of the said period or periods, he was either in receipt of salary at the said particular rate or was in the same grade of officers—the amount of salary which he would receive in a year calculated by reference to the said particular rate, or

(ii) in any other case—the monthly average, multiplied by twelve, of the amounts received by him by way of salary during the said period or periods or, in a case where he was not on full salary during the whole of the said period or periods, the monthly average, multiplied by twelve, of the amount which he would have so received if he had been on full salary during the whole of the said period or periods,

together with the annual value as then determined under subsection (1) of this section of his emoluments, if any.

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

36. —(1) An established officer of a vocational education committee shall be entitled to reckon as service any period which is, as respects such officer, a period to which this section applies.

(2) A period—

(a) which began after an established officer of a vocational education committee attained the age of twenty-one years and ended before the 31st of July, 1924, and

(b) as respects which the Minister for Education is satisfied that during the whole thereof such officer devoted the whole of his time under the direction of Connradh na Gaedhilge to the teaching of the Irish language or to the organisation of such teaching,

shall, as respects such officer, be a period to which this section applies if it is five years or more in duration or it is one of two or more such periods as aforesaid amounting in the aggregate to five years or more in duration.

General transitional provisions for Part II.

37. —(1) Where on the commencement of this Part of this Act a person is a pensionable officer of a local authority and, on the 1st day of January, 1947, he had not reached—

(a) in case he is a fire brigade officer, the age of fifty-five years, or

(b) in any other case, the age of sixty years,

he may, within but not later than six months after such commencement, apply in writing to the local authority to enter his name in the register and thereupon the local authority shall enter his name in the register and the entry shall have effect as if it had been made on such commencement.

(2) Where on the commencement of this Part of this Act a person is a pensionable officer of a local authority, his name shall not be entered in the register of any local authority unless the entry is made under subsection (1) of this section or it is made after his name has been entered under that subsection.

(3) A person whose name is entered under subsection (1) of this section shall be entitled to reckon as service his service at the commencement of this Part of this Act for the purposes of Part IV of the Act of 1925 or for the purposes of such Act passed before the Act of 1925 and relating to superannuation as may apply to him.

(4) Subsection (1) of section 15 of this Act shall apply in relation to a person whose name is entered under subsection (1) of this section as if the words “of two years or more” in paragraph (a) and the whole of paragraph (b) were omitted.

(5) Where a person whose name is entered under subsection (1) of this section held an established position in the civil service when he was appointed to be a pensionable officer of a local authority, section 18 of this Act shall apply in relation to him as if paragraphs (b) and (c) thereof were omitted.

(6) Where an established officer was a pensionable officer on the date of the passing of this Act and he had at such passing at least one whole year of pensionable local service, in any application to him of section 24 of this Act that section shall be construed as if it provided that the lesser sum therein referred to should be increased by one-half per cent. of that sum multiplied by the number of whole years (any fraction of a whole year being disregarded) in his pensionable local service at such passing.

(7) No contribution under section 31 of this Act shall be required from a person whose name is entered under subsection (1) of this section during a continuous period of service beginning on the commencement of this Part of this Act.

(8) No contribution under section 31 of this Act shall, during the appropriate period, be required from a person who is appointed after the commencement of this Part of this Act to be a pensionable officer of a local authority as a result of an examination (whether by way of open competition or otherwise) held before such commencement if any other person was appointed before such commencement to be a pensionable officer of the local authority as a result of that examination.

In this subsection, the expression “the appropriate period” means, as respects a person appointed to be a pensionable officer of a local authority, the period of continuous service of such person beginning when he takes up duty following such appointment.

(9) Where—

(a) a person died on or after the 1st day of January, 1947, and before the commencement of this Part of this Act,

(b) such person was, immediately before his death, a pensionable officer of a local authority, and

(c) such person, if he had not died and if he had remained in the service of the local authority, could have applied to have his name entered under subsection (1) of this section,

the local authority shall have power, which shall be exerciseable at their discretion and as respects which, notwithstanding any other provision of this Act, there shall be no appeal, to grant under section 28 of this Act the like gratuity (if any) as if this Part of this Act had commenced immediately before the death of such person and his name then stood entered under subsection (1) of this section.

(10) The provisions of this section shall have effect notwithstanding any other provision of this Part of this Act.