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4 1948

LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1948

PART III.

Established Servants.

Register of established servants.

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

(2) Where a person under the age of sixty years has been a permanent servant of a local authority for a continuous period of three years, the local authority shall enter his name in the register.

(3) Where an established servant of a local authority relinquishes, with their consent, his employment with them for the purpose of becoming a permanent servant of another local authority and does become a permanent servant of the other local authority, the other local authority shall enter his name in the register.

(4) 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.

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

(6) The register shall show the maximum number for the time being of the persons to be at any one time in the employment of the local authority as permanent servants.

(7) A local authority shall keep at their principal office the register open at all reasonable times for inspection by their servants 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 wages and emoluments.

39. —A local authority shall from time to time record in the register, as respects each name therein of an established servant his wages and the annual money value of his emoluments (if any) as determined under section 59 of this Act.

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

40. —(1) A local authority shall remove from the register the name of any person who ceases to be a permanent servant of such local authority.

(2) Notwithstanding subsection (1) of this section, where it is the practice of a local authority to take from time to time any particular person into their employment as a permanent servant after a period during which he is not so employed—

(a) the local authority shall not remove the name of such person from the register on any particular occasion when he ceases to be so employed unless they have decided not to so employ him again and, so long as his name remains in the register on account of this paragraph, he shall for the purposes of section 49 or subsection (2) of section 57 of this Act be regarded as not having ceased to be so employed.

(b) where, during any particular period when such person is not so employed by the local authority, they decide not to so employ him again, they shall remove his name from the register and, for the purposes of section 49 or subsection (2) of section 57 of this Act, he shall be regarded as having then ceased to hold his employment.

(3) Where, as respects an established servant of a local authority having less than five years of pensionable local service, it is ascertained after any particular year (being a year beginning on the day on which he first became such servant or any anniversary of that day) that he has not worked for the local authority as a permanent servant on two hundred or more days in that year, the local authority shall remove his name from the register and shall inform him of such removal and the reason therefor.

(4) 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 reinstatement.

(5) 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.

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

Certain existing enactments not to apply to established servant.

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

General limitations on service to be reckoned by established servant.

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

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

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

(c) any period during which his name remains on the register on account of paragraph (a) of subsection (2) of section 40 of this Act,

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

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

(f) any period before a date on which he was discharged from his employment under a local authority for misconduct or for unfitness,

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

(h) any period in any year which is a year beginning on the day on which he first became such servant or any anniversary of that day and during which he did not work for a local authority as a permanent servant on two hundred days or more.

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

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

(b) the servant 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 (g) shall have effect subject to the declaration,

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

Service as established servant.

43. —An established servant of a local authority shall be entitled to reckon as service any period during which he was an established servant of that local authority.

Service under other local authority.

44. —Where an established servant of a local authority was, immediately before he entered their service, an established officer or servant of another local authority, he shall be entitled to reckon as service under the first-mentioned local authority his pensionable local service at the time when he ceased to be an officer or servant of the other local authority.

Service of established servant as mental hospital officer or servant.

45. —(1) An established servant shall be entitled to reckon as service any period during which he was a mental hospital officer or servant and which he was entitled to reckon as service for the purposes of Part VIII of the Mental Treatment Act, 1945 (No. 19 of 1945), or any earlier enactment corresponding to the said Part VIII, unless, if contributions were made by him during the period for the purposes of the said Part VIII or the said earlier enactment, those contributions have been paid back to him and have not been returned by him.

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

Service of established servant under harbour authority.

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

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

47. —Where an established servant of a local authority who is a member of the Reserve Force of the Defence Forces is absent from his employment for the purpose of attending and performing his duty as such member, he shall be entitled to reckon as service the period of such absence.

Pensionable local service of established servant.

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

(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 servant 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 servant shall be that number of years together with the excess of that number of years over twenty years.

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

49. —(1) Where—

(a) an established servant of a local authority ceases to hold his employment and is not employed by them as a permanent servant in another employment, and

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

the local authority shall grant him an allowance in any of the cases specified in subsection (2) of this section.

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

(a) where the servant has ceased to hold his employment otherwise than by dismissal for misconduct 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 servant, 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 servant has ceased to hold his employment on account of having attained the age limit therefor and has not less than ten years of pensionable local service.

Determination of allowance granted to established servant.

50. —The allowance to be granted to an established servant under section 49 of this Act on his ceasing to hold his employment shall be either—

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

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

whichever is the less.

Reduction of allowance of established servant for unsatisfactory service.

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

Grant of short service gratuity to established servant.

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

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

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

(2) Where an established servant of a local authority dies in his employment 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 49.

54. —Where a person, who was an established servant of a local authority and who was granted under section 49 of this Act an allowance on his ceasing to hold his employment, dies before the total of all the sums received by him on foot of the allowance is equal to his pensionable remuneration, the local authority shall grant to his legal personal representative a gratuity equal to the difference between the said total amount and the said pensionable remuneration.

Grant of gratuity to female established servant on marriage.

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

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

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

(ii) her pensionable remuneration,

whichever is the less;

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

Contributions by established servants.

56. —(1) An established servant of a local authority shall contribute to such local authority for the purposes of this Part of this Act at the rate per annum of four and one-sixth per cent. of—

(a) his wages, expressed as an annual amount, and

(b) the annual value as determined under section 59 of this Act of his emoluments, if any.

(2) The contribution to be made by an established servant of a local authority under this section may be obtained by such local authority by means of periodical deductions from his wages, but, if any such deduction proper to be made by a local authority from his wages 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 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 payable by another local authority, the first-mentioned local authority shall transfer from time to time (but not less frequently than once in each quarter) 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 of established servant.

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

(a) any contributions made by him under section 56 of this Act,

(b) where he has made any contributions under section 31 of this Act, those contributions,

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

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

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

(2) Where an established servant of a local authority who has less than ten years of pensionable local service ceases to hold his employment for any cause other than misconduct and is not granted a gratuity under section 53 of this Act, the local authority shall return to him the contributions.

(3) Where the name of an established servant of a local authority is removed from the register under subsection (3) of section 40 of this Act, the local authority shall return to him the contributions.

(4) Where, as respects an established servant of a local authority having not less than five years of pensionable local service, it is ascertained after any particular year (being a year beginning on an anniversary of the day on which he first became such servant) that he has not worked for the local authority as a permanent servant on two hundred or more days in that year, the local authority shall return to him any contributions made by him under section 56 of this Act in respect of that year.

(5) Where an established servant 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.

(6) Where an established servant of a local authority having not less than ten years of pensionable local service ceases to hold his employment for any cause other than misconduct, does not accept any other employment under a local authority by virtue of which he becomes an established servant and is not entitled to an allowance under section 49 of this Act or a marriage gratuity under section 55 of this Act, the local authority shall return to him the contributions.

(7) Where an established servant of a local authority is dismissed from his employment for misconduct, the local authority may, if they are of opinion that there are special reasons for so doing, return to him the contributions.

(8) Where a local authority return the contributions and the amount returned includes a sum for contributions made by the servant 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.

(9) 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.

Meaning of wages.

58. —(1) In this Part of this Act, the word “wages”—

(a) does not include—

(i) payments for overtime,

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

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

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

(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 (iii) of paragraph (a) of subsection (1) of this section, shall be for the purposes of this Part of this Act part of the wages of a particular servant, or of every servant of a particular class or of every servant, and thereupon, notwithstanding subsection (1) of this section, the word “wages” shall in this Part of this Act include, as respects that servant, servants of that class, or every servant (as may be appropriate), payments of that kind.

Calculation of pensionable remuneration of established servant.

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

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

(3) Where an established servant is in receipt of a particular rate of wages 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 wages at the said particular rate or was in the same grade of servants—the amount of wages 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 wages during the said period or periods comprising the said three years, or, in a case where he was not on full wages 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 wages 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 wages at the same particular rate or was in the same grade of servants—the amount of wages which he would receive in a year calculated by reference to the said particular rate, or

(ii) in any other case—the weekly average, multiplied by fifty-two, of the amounts received by him by way of wages during the said period or periods or, in a case where he was not on full wages during the whole of the said period or periods, the weekly average, multiplied by fifty-two, of the amounts which he would have so received if he had been on full wages 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.

Alteration of maximum number of permanent servants.

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

(2) A resolution under this section shall come into operation on the day specified in that behalf therein, not being earlier than one month after the date of the resolution.

(3) The first resolution by a local authority under this section shall not be passed unless at least five years have elapsed since the commencement of this Part of this Act in relation to them and any subsequent resolution by them under this section shall not be passed unless at least five years have elapsed since the next previous such resolution.

(4) 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.

Provisions with respect to certain absences from employment.

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

(a) at the end of the absence, or, where the absence continued after the end of the said year, at the end of the absence as so continued, he returned to the employment of the local authority,

(b) the absence did not exceed sixty days,

(c) in case the absence was one of two or more such absences occurring in the said year, the aggregate of such absences did not exceed sixty days.

(2) Where, in the case of any application as respects a servant of a local authority who is a member of the Reserve Force of the Defence Forces of the provisions of subsection (2) of section 38 or of paragraph (c) of subsection (1) or paragraphs (c) and (d) of sub-section (2) of section 63 of this Act, it is ascertained that an absence on the part of the servant from his employment with the local authority occurred during the relevant three years on account of his attending and performing his duty as a member of such Reserve Force, he shall be regarded for the purpose of the said provisions as having been a permanent servant of the local authority during the absence.

Age limits for established servants.

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

(2) The provisions of section 6 of the Vocational Education (Amendment) Act, 1944 (No. 9 of 1944) (which section relates to fixing of age limits for offices under a vocational education committee) shall apply in relation to the employment of an established servant of a vocational education committee as if such employment were an office.

(3) The provisions of section 23 of the Local Government Act, 1941 (No. 23 of 1941) (which section relates to fixing of age limits for offices under certain local authorities) shall apply in relation to the employment of an established servant under a local authority, other than a committee of agriculture, a vocational education committee, a school attendance committee, the Dublin Fever Hospital Board or the Cork Fever Hospital Board, as if such employment were an office.

Transitional provisions for Part III.

63. —(1) Where—

(a) on the commencement in relation to a local authority of this Part of this Act a person is a permanent servant of the local authority, and

(b) he has not then reached—

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

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

(c) the continuous period ending at such commencement during which he was a permanent servant of the local authority is three years or more,

he may, within but not later than six months after such commencement, apply in writing to the local authority to enter his name in the register and thereupon the local authority shall enter his name in the register and the entry shall have effect as if it had been made on such commencement, but his liability (if any) to make contributions under this Part of this Act shall commence at the time when his name is entered in the register.

(2) Where—

(a) on the commencement in relation to a local authority of this Part of this Act a person is a permanent servant of a local authority, and

(b) he has not then reached—

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

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

(c) the continuous period ending at such commencement during which he was a permanent servant of the local authority is less than three years, and

(d) he continues to be a permanent servant of the local authority until a time when the continuous period ending at that time during which he was a permanent servant of the local authority is three years,

he may, within but not later than six months after that time, 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 at such commencement, but his liability (if any) to make contributions under this Part of this Act shall commence at the time when his name is entered in the register.

(3) Where, on the commencement in relation to a local authority of this Part of this Act, a person is a permanent servant of the local authority, his name shall not be entered in the register of any local authority unless the entry is made under this section or it is made after his name has been entered under this section.

(4) A person whose name is entered under this section in the register of a local authority shall be entitled to reckon as service any period before the commencement in relation to the local authority of this Part of this Act during which he was a permanent servant of the local authority or of any body whose powers and duties were transferred to the local authority, except any such period in any year which was a year wholly before such commencement, which began on the day on which he first became such servant or on any anniversary of that day, and during which he did not work for such local authority or body as a permanent servant on two hundred days or more.

(5) No contribution shall be required under section 56 of this Act—

(a) from an established servant of a corporation of a county borough who was a servant of that corporation immediately before the commencement in relation to them of this Part of this Act and was then registered in a register of permanent employees then maintained by them,

(b) from an established servant of the corporation of the borough of Dun Laoghaire who was a servant of that corporation immediately before the commencement in relation to them of this Part of this Act and was then registered by them in a register of permanent employees then maintained by them,

(c) from an established servant of the City of Dublin Vocational Education Committee who was a servant of that committee immediately before the commencement in relation to them of this Part of this Act and who, on the 14th day of November, 1930, was a person to whom section 53 of the Act of 1925 applied.

(6) Where—

(a) a person died on or after the 1st day of January, 1947, and before the commencement in relation to the corporation of a county borough or the borough of Dun Laoghaire or the City of Dublin Vocational Education Committee of this Part of this Act,

(b) such person was, immediately before his death, a servant of such corporation then registered in a register of permanent employees then maintained by them or a servant of such Committee, who on the 14th day of November, 1930, was a person to whom section 53 of the Act of 1925 applied, and

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

such corporation or Committee of which he was a servant shall have power, which shall be exercisable at their discretion and as respects which, notwithstanding any other provision of this Act, there shall be no appeal, to grant under section 53 of this Act the like gratuity (if any) as if this Part of the Act had commenced in relation to them immediately before the death of such person and his name then stood entered under subsection (1) of this section.

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