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10 1956

LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1956

PART II.

Pensionable Officers.

Register of pensionable officers.

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

(2) Where a person becomes a registrable officer of a local authority, the local authority shall enter his name in the register and shall notify him accordingly within one month.

(3) An officer of a local authority aggrieved by the refusal of or failure by the local authority to enter his name in the register may appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be entered in the register as from a specified date and, in the latter case, the local authority shall enter the name in the register as from that date.

(4) 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.

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

8. —(1) A local authority shall remove from the register the name of any person who ceases to be a registrable officer of such local authority and shall notify him accordingly within one month.

(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, within six months after the removal is notified to him, appeal against the removal to the appropriate Minister and that Minister may 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.

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

9. —Where a pensionable 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 or employment.

General limitations on service to be reckoned by pensionable officer.

10. —(1) A provision of this Part of this Act entitling a pensionable officer to reckon as service any period shall be subject to the overriding qualification that he shall not be entitled so to reckon a particular period more than once nor shall he be entitled so to reckon any of the following:

(a) any period as respects which, when ordinarily entitled to remuneration in respect of a position service in which is capable of being reckoned under this Act, he was not in receipt of that remuneration, being a period after the commencement of this Part of this Act and not being a period continuous with a similar period ending on such commencement,

(b) 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 service for the purposes of which is capable of being reckoned under this Act, unless in the case of a gratuity, having been entitled to repay such gratuity, he has done so,

(c) any period in respect of which any contributions for superannuation have been returned to him, unless, having been entitled to repay such contributions, he has done so,

(d) any period before a date on which he was removed or discharged from his position for misconduct or for unfitness,

(e) being a person entitled to reckon under this Act service which is not under a local authority, any period of that service which he would have been unable to reckon if he had continued to hold the position in which he had that service,

(f) any period before a date after the commencement of this Part of this Act on which he absents himself from the place where he performs his duties under a local authority or refrains from performing those duties, such absence or refraining being deliberate and unauthorised.

(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 notice has been given to him, appeal to the appropriate Minister against the forfeiture,

(c) the appropriate Minister may 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.

Reckoning service of pensionable officer.

11. —(1) A pensionable officer of a local authority shall be entitled to reckon as service any of the following:

(a) service as a pensionable officer of the local authority or of any other local authority,

(b) service as a pensionable servant of the local authority or of any other local authority,

(c) service 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,

(d) service in a pensionable position under a harbour authority,

(e) service which is reckonable for the purposes of the Superannuation Acts (or which, had it continued until the commencement of section 7 of the Social Welfare Act, 1950 (No. 14 of 1950), would have been reckoned by virtue of that section for the purposes of the Superannuation Acts) being service continuous with subsequent service as a pensionable officer or pensionable servant of the local authority or any other local authority or with subsequent service in a position in which service for the purposes of those Acts is reckonable,

(f) service (to such extent as the Minister either generally or in any particular case may approve) in a pensionable position under a body approved of by the Minister for the purposes of this paragraph on the basis of being a body granting pension rights such that they and the pension rights provided for by this Act are reciprocal generally,

(g) service as respects an officer of a vocational education committee that consists of—

(i) any period of pensionable service as a secondary or national school teacher other than any period, contributions being payable in respect of service during that period, in respect of which such contributions were not paid,

(ii) any period as a secondary teacher that ceased before the latest date on which he could have opted for membership of the Secondary Teachers' Superannuation Schemes and that is certified by the Minister for Education as service that could have been reckoned as pensionable and gratuity service for the purpose of those Schemes, subject to compliance by the officer with such conditions (including payment of contributions to the local authority) as the Minister for Education requires as a condition of issuing such certificate, or

(iii) a period of not less than five years, or periods of not less than five years in the aggregate,—

(I) which began after the officer attained the age of twenty-one years and ended before the 31st July, 1924, and

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

(h) having been a servant of a local authority, service with the Defence Forces as respects which and to the extent to which the Minister, after consultation with the Minister for Defence, considers that it would have been service as a servant of the local authority, but for its being service with the Defence Forces.

(2) In paragraph (a) and paragraph (e) of subsection (1) of this section “service as a pensionable officer” shall be deemed to include service—

(a) which, at any time before the commencement of this Part of this Act, the officer was entitled to reckon under Part II of the Act of 1948 (for this purpose subsection (1) of section 13 of the Act of 1948 being regarded as having been enacted without paragraph (b)),

(b) which the officer would, at any time before the commencement of this Part of this Act, have been entitled to reckon under Part II of the Act of 1948 if section 18 of that Act had been enacted with paragraph (b) omitted therefrom, or

(c) which, immediately before the commencement of this Part of this Act, he was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him.

(3) Where, as respects a pensionable officer,—

(a) he had a period of service 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 have applied to him, and

(b) the period specified in paragraph (a) of this subsection was immediately succeeded by a period of service in a position service in which is, apart from subsection (2) of this section, capable of being reckoned by him under this Act,

such person shall, as respects the period specified in paragraph (a) of this subsection, be entitled to reckon it as service.

(4) In paragraph (b) of subsection (1) of this section “service as a pensionable servant” shall be deemed to include service (being service which, apart from this subsection, would not be service as a pensionable servant) as a servant of a local authority which is service that the officer would have been entitled to reckon for superannuation purposes if he had continued to be such servant.

Pensionable local service of pensionable officer.

12. —(1) For the purposes of this Act, the pensionable local service of a pensionable officer at any time shall be the period or the aggregate of the periods which under this Part of this Act he is entitled at that time to reckon as service.

(2) Notwithstanding subsection (1) of this section, where the period or the aggregate of the periods which under this Part of this Act a pensionable officer who is a fire brigade officer is entitled to reckon as service is more than twenty and one-half years, then, for the purposes of this Part of this Act, the pensionable local service of such officer shall be that period or aggregate together with the excess of that period or aggregate over twenty years.

Addition to pensionable local service of pensionable officer.

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

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

(b) his office is abolished, or

(c) his position has been materially altered to his detriment by changes in its conditions made without reasonable cause and he resigns his office,

the local authority may, if they so think fit, add to his pensionable local service a period not exceeding—

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

(ii) if his pensionable local service is less than twenty years—half that service.

(2) Where a pensionable officer of a local authority whose pensionable local service is ten years or more ceases to hold his office otherwise than by removal for misconduct or unfitness, the local authority may, if they so think fit, add to his pensionable local service a period not exceeding ten years or, where a period has been added under subsection (1) of this section, not exceeding the difference between that period and ten years, but such an addition shall not be made save in the following circumstances and in accordance with regulations made by the Minister:

(a) where the officer retires from an office to which, at the time of the retirement, the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), applies because the qualifications of the office are professional,

(b) where the officer retires because of permanent infirmity of mind or body,

(c) where the officer retires from an office on account of an age limit and it had not been a condition of his appointment that he should retire at that age,

(d) where—

(i) during a period or continuous periods, the officer held an office or offices under a local authority or local authorities in a temporary capacity,

(ii) the period or periods would have been reckonable under this Act if he had held the office or offices during the period or periods in a permanent capacity, and

(iii) the period or periods was or were continuous with and immediately preceding service as an officer of a local authority reckonable under this Act,

(e) where the officer, before the commencement of this Part of this Act, was employed as a personal assistant by an officer of a local authority under an arrangement approved of by that local authority and the period of that employment was continuous with and preceded service as an officer of a local authority reckonable under this Act,

(f) where the officer, before the commencement of this Part of this Act, held an office in a permanent capacity for a period that would have been reckonable for the purposes of this Act had it been immediately succeeded by service reckonable under this Act, or

(g) where the aggregate service of the officer amounted to a number of completed years and a fraction of a year exceeding three-quarters.

(3) An addition by reference to paragraph (d), paragraph (e) or paragraph (f) of subsection (2) of this section shall not exceed one-half of (as may be appropriate) the period or periods referred to in the said paragraph (d) or the period referred to in the said paragraph (e) or paragraph (f).

(4) A local authority may, if they so think proper, add a period in accordance with paragraph (d) of subsection (2) of this section notwithstanding that the officer has less pensionable local service than ten years, and such period so added as is necessary for the purpose of bringing the officer's pensionable local service up to five years in the case of a gratuity or ten years in the case of any allowance and lump sum may be regarded as pensionable local service for that purpose.

(5) Notwithstanding anything contained in the foregoing subsections of this section, a period added pursuant to this section shall not be such as to make the service greater than forty years.

Service of pensionable officer at termination of office.

14. —For the purposes of this Part of this Act, the service of a pensionable officer at the termination of his office shall be his pensionable local service together with any additional years added under section 13 of this Act.

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

15. —(1) Where—

(a) a pensionable officer of a local authority ceases to hold his office and is not employed in another position service in which is capable of being reckoned under this Act, 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 materially altered to his detriment by changes in its conditions made without reasonable cause and he resigned his office 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,

subject to the exclusion of any case, being a case such as is specified in paragraph (b) or paragraph (c) of this subsection, in which the officer was removed or resigned from office under section 24 of the Local Government Act, 1941 (No. 23 of 1941), or that section as amended by section 17 of the Local Government Act, 1955 (No. 9 of 1955), in circumstances such that subsection (2) of the said section 24 does not, by virtue of subsection (3) of that section, apply.

Determination of lump sum granted to pensionable officer.

16. —(1) The amount of the lump sum to be granted under section 15 of this Act to a pensionable officer shall be equal to—

(a) one-thirtieth of his pensionable remuneration multiplied by the number of whole years in his service at the termination of his office, any odd fraction of a whole year being disregarded, or

(b) one and one-half times his pensionable remuneration,

whichever is the less.

(2) Where subsection (6) of section 37 of the Act of 1948 applied in respect of a pensionable officer, in any application to him of subsection (1) of this section, that subsection 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 referred to in the said subsection (6).

Determination of allowance granted to pensionable officer.

17. —The allowance to be granted to a pensionable officer under section 15 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 whole years in his service at the termination of his office, any odd fraction of a whole year being disregarded, 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 pensionable officer for unsatisfactory service.

18. —Where a local authority decide under section 15 of this Act that a pensionable 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 15 of this Act below the amount and rate that would be appropriate therefor under sections 16 and 17 of this Act and to an extent not less than fifty per cent.

Grant of short service gratuity to pensionable officer.

19. —(1) Where a pensionable officer of a local authority having not less than one year and less than five years of pensionable local service ceases to hold his office, the local authority shall, in any of the cases specified in subsection (3) of this section, grant to him a gratuity of such amount, not exceeding one-twelfth of his pensionable remuneration, multiplied by the number of whole years in his pensionable local service, any odd fraction of a whole year being disregarded, as they consider proper.

(2) Where a pensionable officer of a local authority having not less than five years and less than ten years of pensionable local service ceases to hold his office, the local authority shall, in any of the cases specified in subsection (3) of this section, grant to him a gratuity of such amount, not exceeding his pensionable remuneration, as they consider proper.

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

(a) where the officer has ceased to hold his office on account of being incapable of performing his duties by reason of permanent infirmity of mind or body;

(b) where the officer was removed from his office for a cause other than misconduct or unfitness;

(c) where the office of the officer was abolished;

(d) where the officer has resigned in a case in which his position was materially altered to his detriment by changes in its conditions made without reasonable cause,

subject to the exclusion of any case, being a case such as is specified in paragraph (b) or paragraph (c) of this subsection, in which the officer was removed or resigned from office under section 24 of the Local Government Act, 1941 (No. 23 of 1941), or that section as amended by section 17 of the Local Government Act, 1955 (No. 9 of 1955), in circumstances such that subsection (2) of the said section 24 does not, by virtue of subsection (3) of that section, apply.

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

20. —(1) Where a pensionable 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 whole years in his pensionable local service, any odd fraction of a whole year being disregarded, as they consider proper.

(2) Where a pensionable 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 whole years in his pensionable local service, any odd fraction of a whole year being disregarded, or

(b) his pensionable remuneration,

whichever is the greater.

Grant of gratuity to legal personal representative of deceased grantee under section 15.

21. —Where a person, who was a pensionable officer of a local authority and who was granted under section 15 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 pensionable officer on marriage.

22. —Where a female pensionable officer of a local authority who has not less than five years of pensionable local service, having ceased to hold her office by reason of her marriage or intended marriage, produces, before the expiration after such cesser of three months or such longer period as the local authority in the circumstances of the particular case consider reasonable, 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 whole years in her pensionable local service, any odd fraction of a whole year being disregarded, 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 pensionable officers.

23. —(1) A pensionable officer of a local authority shall contribute to such local authority for the purposes of this Part of this Act at the rate of five per cent. of—

(a) his annual rate of salary, and

(b) the annual value of his emoluments,

subject to the proviso that there shall be no contributions in respect of a period in respect of which he had neither salary nor emoluments.

(2) The contribution to be made by a pensionable officer of a local authority under this section may be obtained by such local authority by means of periodical deductions from his salary and emoluments, but, if any such deduction proper to be made by a local authority from his salary and emoluments 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, allowance or gratuity payable by them to or in respect of him.

(3) Where, under section 55 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, or under sub-paragraph (ii) of paragraph (g) of subsection (1) of section 11 of this Act, and

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

Return of contributions to pensionable officers.

24. —(1) In this Part of this Act “the contributions” means, in relation to a pensionable officer, the aggregate amount of his contributions for superannuation in respect of service which is capable of being reckoned under this Act.

(2) Where a pensionable 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.

(3) Where a pensionable 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, does not accept any other position service in which is capable of being reckoned under this Act and is not granted a gratuity under section 19 or section 22 of this Act, the local authority shall return to him the contributions.

(4) Where a pensionable 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 position service in which is capable of being reckoned under this Act and is not entitled to a lump sum and allowance under section 15 of this Act or a marriage gratuity under section 22 of this Act, the local authority shall return to him the contributions.

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

(6) Where a local authority return the contributions and the amount returned includes a sum for contributions for superannuation made by the officer in question in respect of service which is capable of being reckoned under this Act and held by any other body, that body shall recoup such sum to the local authority.

(7) Where a body service under which is capable of being reckoned under this Act return contributions made for superannuation in respect of service which is capable of being reckoned under this Act and the amount returned includes a sum for contributions held by any local authority, that local authority shall recoup such sum to the body.

(8) 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 (pensionable officer).

25. —(1) Where, after the contributions have been returned under section 24 of this Act to a pensionable officer of a local authority on his ceasing to be a pensionable officer, he becomes employed in a position service in which is capable of being reckoned under this Act, he shall be entitled, before the expiration of twelve months, or such longer period as the local authority in the circumstances of the particular case consider reasonable, after the subsequent appointment, to repay to the local authority the amount so returned by them and, if he does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.

(2) Where, contributions having been returned under section 32 of the Act of 1948 by a local authority to a person, he becomes employed in a position service in which is capable of being reckoned under this Act, he shall be entitled, before the expiration of twelve months, or such longer period as the local authority in the circumstances of the particular case consider reasonable, after becoming so employed, to repay to the local authority the amount so returned by them, and, if he does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.

(3) Where—

(a) a pensionable officer of a local authority has any period of service (other than as an officer or servant of a local authority) that would, if he made the repayment provided for by this subsection, be capable of being reckoned under this Act, and

(b) contributions in respect of the service have been returned to him,

he shall be entitled to repay the amount so returned to the local authority before the expiration of such period as the local authority consider reasonable in the circumstances of the case.

(4) Where—

(a) a repayment has been made under this section to a local authority, and

(b) the case is one in which any lump sum, allowance or gratuity that might be granted by that local authority would be paid by another local authority,

the first-mentioned local authority shall transfer to the other local authority—

(i) in case the first-mentioned local authority are a vocational education committee—one-half of the repayment, and

(ii) in any other case—the whole of the repayment.

Exclusions from salary and emoluments.

26. —(1) In this Part of this Act neither “salary” nor “emoluments” shall include any of the following:

(a) payments for overtime,

(b) travelling expenses,

(c) 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,

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

(e) payments for special work of a casual or temporary nature,

(f) payments for filling a position temporarily unless the period for which the payments are made is two years or more reckoned back from cesser of office.

(g) allowances to cover particular expenses or needs.

(2) The Minister may, if he thinks fit, direct that payments of a specified kind, being a kind mentioned in paragraph (a) or paragraph (g) 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, of officers of a particular class or of every officer, and thereupon, notwithstanding subsection (1) of this section, “salary” shall in this Part of this Act, include, as respects that officer, officers of that class or every officer (as may be appropriate) payments of that kind.

Calculation of pensionable remuneration of pensionable officer.

27. —(1) A local authority shall from time to time determine the annual money value of every (if any) emolument, being any apartments, rations or other perquisites in kind, of a pensionable officer.

(2) The pensionable remuneration of a pensionable officer for the purposes of this Part of this Act shall be—

(a) in case he has been an officer of a local authority during the whole of the relevant period and his salary has, during the relevant period and the period (if any) thereafter ending on cesser of office, not changed otherwise than in accordance with changes applicable generally to the class, description or grade of officers to which he belonged at the expiration of the relevant period—his annual rate of salary at the date of cesser of office together with the annual average of his emoluments (if any) in respect of the relevant period;

(b) in any other case—the annual average of his salary and emoluments (if any) during the relevant period.

(3) Where the officer has been an officer for part only of the relevant period and, during the whole or part of the remainder of that period, he was a servant of a local authority, his wages as such servant shall, for the purposes of paragraph (b) of subsection (2) of this section, be regarded as salary.

(4) Notwithstanding any other provisions of this Act, in subsection (2) of this section “salary” and “emoluments” shall, in relation to any position not under a local authority service in which is capable of being reckoned under this Act, have the same meanings respectively as they have in the provisions relating to superannuation applicable to the position and, in addition, “salary” shall include remuneration of a servant in any such position.

(5) Paragraph (b) of subsection (2) of this section shall not have the effect, in the case of an officer who has been promoted, of causing any allowance, lump sum or gratuity to be less than if he had not been promoted.

(6) In this section “the relevant period” means—

(a) in case the period or the aggregate of periods which the officer is entitled to reckon as service under this Part of this Act is less than three years—such period or the aggregate of such periods, and

(b) in any other case—the period or the aggregate of the periods comprising the last three years of his service.

Transitional provisions for Part II.

28. —(1) There shall be entered in the register, as from the commencement of this Part of this Act,—

(a) the name of every person whose name stood entered in the former register immediately before the commencement of this Part of this Act, and

(b) the name of every person whose name would have stood entered in the former register immediately before the commencement of this Part of this Act if he had made the application provided for by subsection (1) of section 37 of the Act of 1948.

(2) For the purposes of paragraph (b) of subsection (1) of this section, subsection (1) of section 37 of the Act of 1948 shall be regarded as having been enacted without the restriction as to not having reached the age of fifty-five years or the age of sixty years.

(3) It shall be the duty of a local authority to complete the entries in the register under this section (apart from entries made as a result of appeals under subsection (13) of this section) within six months after the commencement of this Part of this Act.

(4) Where a person registered under this section by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin had any period of service as an officer or servant of Irish Enterprises Ltd. or any of its predecessors, he shall be entitled to reckon that period as service.

(5) Where, as respects a person whose name is entered under paragraph (a) of subsection (1) of this section, the following conditions are complied with:

(a) immediately before he became an established officer within the meaning of the Act of 1948, he held a position in the civil service of the Government, and

(b) immediately before he commenced to hold that position, he had a period of service for the purposes of Part IV of the Act of 1925,

such person may reckon as service the period referred to in paragraph (b) of this subsection.

(6) No contribution under section 23 of this Act shall be required during a continuous period of service beginning on the commencement of this Part of this Act, from a person whose name is entered under this section if, immediately before the commencement of this Part of this Act, his name did not stand entered in the former register or, if it did stand so entered, he was not then a person liable to make contributions under the Act of 1948.

(7) (a) No contribution under section 23 of this Act shall be required, during a period of continuous service beginning on the commencement of this Part of this Act, from a person whose name is entered under this section, being a person referred to in paragraph (a) of subsection (1) of this section, if, immediately before his name was entered in the former register, subsection (5) of section 63 of the Act of 1948 applied to him or subsection (5) of section 63 of the Act of 1948 would have applied to him in case he had made an application under subsection (1) or subsection (2) of that section or if, immediately before his name was entered in the former register, he was a servant and subsection (5) of section 48 of this Act would apply to him but for his name having been so entered.

(b) For the purposes of paragraph (a) of this subsection, subsection (1) and subsection (2) of section 63 of the Act of 1948 shall each be regarded as having been enacted without the restriction as to not having reached the age of fifty-five years or the age of sixty years.

(8) No contribution under section 23 of this Act shall be required, during a continuous period of service after becoming a pensionable officer, from a person who, immediately before he became a pensionable officer, was a person to whom subsection (5) or (8) of section 48 of this Act applied.

(9) In the case of a person whose name is entered under this section, subsection (2) of section 13 of this Act shall have effect as if “or the officer is a part-time dispensary midwife” were added at the end of paragraph (a).

(10) (a) A person whose name is entered under this section in a case in which there is not an appeal under subsection (13) of this section, being a person whose continuous permanent service as an officer of a local authority ending on the commencement of this Part of this Act began before the 1st day of April, 1948, may, within twelve months after such commencement, give notice in writing to the local authority that the provisions specified in subsection (11) of this section are to apply in his case, and the said provisions shall thereupon so apply.

(b) A person whose name is entered under this section in a case in which there is an appeal under subsection (13) of this section, being a person whose continuous permanent service as an officer of a local authority ending on the commencement of this Part of this Act began before the 1st day of April, 1948, may, within six months after the determination of the appeal has been notified to him, give notice in writing to the local authority that the provisions specified in subsection (11) of this section are to apply in his case, and the said provisions shall thereupon so apply.

(11) The provisions referred to in subsection (10) of this section are the following:

(a) a lump sum shall not be granted pursuant to section 15 of this Act,

(b) in section 17 of this Act “one-sixtieth” shall be substituted for “one-eightieth” and “two-thirds” shall be substituted for “one-half”,

(c) section 18 of this Act shall not apply,

(d) in section 19 of this Act, “one-sixth” shall be substituted for “one-twelfth” in subsection (1) and “one and one-half times” shall be inserted in subsection (2) before “his pensionable remuneration”,

(e) sections 20 and 21 of this Act shall not have effect.

(12) Where the name of a person is entered under this section and the appointment to the office held by him when the entry is made was not, at the time thereof, declared to be an appointment in a permanent capacity, the said appointment shall be regarded for the purposes of this Part of this Act as having been then so declared.

(13) (a) A person aggrieved by the refusal or failure by a local authority to enter under this section his name in the register may, within twelve months after the commencement of this Part of this Act, appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be entered in the register as from the commencement of this Part of this Act and, in the latter case, the local authority shall enter the name in the register as from such commencement.

(b) A person aggrieved by the entry by a local authority under this section of his name in the register may, within twelve months after the commencement of this Part of this Act, appeal against the entry to the appropriate Minister and that Minister may either refuse the appeal or direct the deletion of the entry in the register and, in the latter case, the local authority shall delete the entry in the register as from such commencement.

(14) In this section “the former register” means such register as was maintained before the commencement of this Part of this Act by the local authority under section 8 of the Act of 1948.

General restriction on grants (officers).

29. —(1) Save under this Act, a local authority shall not grant any pension, allowance, gratuity, lump sum or return of contributions to or in respect of any of their officers.

(2) Nothing in subsection (1) of this section shall affect paragraph 3 of the Second Schedule to the Arterial Drainage Act, 1945 (No. 3 of 1945).