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10 1956

LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1956

PART III.

Pensionable Servants.

Register of pensionable servants.

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

(2) Where, as respects a person who is not a pensionable servant of a local authority, on the expiration of any local financial year (including the local financial year ending on the commencement of this Part of this Act in relation to that local authority), he has had in that local financial year two hundred or more service days in relation to that local authority or to that local authority and any other local authority or local authorities, that local authority shall enter his name in the register unless, within one month after the expiration of that local financial year, he gives notice in writing to that local authority that his name is not to be so entered.

(3) Where a person who becomes a servant of a local authority was, immediately before becoming such servant, a pensionable officer of that or another local authority, a pensionable servant of another local authority or the holder of a position not under a local authority service in which is capable of being reckoned under this Act, the first-mentioned local authority shall enter his name in the register.

(4) 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.

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

31. —(1) A local authority shall remove from the register the name of a person—

(a) who ceases to be a servant of the local authority, or

(b) who during any month of April gives notice in writing to the local authority that his name is to be removed from the register.

(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 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 or he dies and, so long as his name remains in the register on account of this paragraph, he shall for the purposes of section 36, section 39, section 40, section 42 and subsections (4) and (5) of section 44 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 or he dies they shall remove his name from the register and, for the purposes of section 36, section 39, section 40, section 42 and subsections (4) and (5) of section 44 of this Act, he shall be regarded as having then ceased to hold his employment.

(3) 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.

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

32. —Where a pensionable servant of a local authority ceases to hold any employment under them, they shall so inform any other local authority under whom such servant holds any employment or office.

General limitations on service to be reckoned by pensionable servant.

33. —A provision of this Part of this Act entitling a pensionable servant 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 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,

(b) 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,

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

(d) any period of employment under a local authority during a local financial year during which he had not two hundred or more service days,

(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.

Reckoning service of pensionable servants.

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

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

(b) service as a pensionable officer 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, being service continuous with subsequent service as a pensionable servant or service as a pensionable officer 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 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 a 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 servant” shall be deemed to include—

(i) 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 servant would have been entitled to reckon for superannuation purposes if he had continued to be such servant, and

(ii) any period of employment, being before the commencement of this Part of this Act in relation to the local authority and not being any period which he is entitled to reckon under subsection (4) of this section, under that or any other local authority during a local financial year in which he had two hundred or more service days.

(3) For the purposes of paragraph (a) of subsection (1) of this section and that paragraph as extended by subsection (2) of this section (but not for the purposes of that paragraph as extended by subsection (4) of this section as respects that extension), a person shall be deemed to have service on service days only (disregarding, where the service days in a particular local financial year exceed three hundred, the service days in excess of three hundred) and the aggregate of those days shall be expressed in terms of years by dividing such aggregate by three hundred.

(4) In paragraph (a) and paragraph (e) of subsection (1) of this section “service as a pensionable servant” shall be deemed to include any period of service as a servant under the local authority or any other local authority which the servant was entitled to reckon for superannuation purposes under any Act passed before the Act of 1948 and relating to superannuation which applied to him (including, notwithstanding paragraph (d) of section 33 of this Act, any such period during a local financial year during which he had not two hundred or more service days).

(5) In paragraph (b) 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.

(6) Where, as respects a pensionable servant,—

(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 (5) 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.

(7) Where the records of the service before the 1st day of April, 1948, of a pensionable servant are incomplete, the local authority may, if they so think fit, take as his period of service a period determined on the assumption that his service record as respects the period covered by records and his service record as respects the period not covered by records are similar.

Pensionable local service of pensionable servant.

35. —(1) For the purposes of this Act, the pensionable local service of a pensionable servant 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 to reckon as service, any odd fraction of a whole year being disregarded.

(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 servant who is a fire brigade servant 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 servant shall be that period or aggregate together with the excess of that period or aggregate over twenty years, any odd fraction of a year being disregarded.

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

36. —(1) Where—

(a) a pensionable servant of a local authority ceases to hold his employment 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 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 being discharged for misconduct or unfitness 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 pensionable servant.

37. —The allowance to be granted to a pensionable servant under section 36 of this Act on his ceasing to hold his employment shall be either—

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

whichever is the less.

Reduction of allowance of pensionable servant for unsatisfactory service.

38. —Where a local authority decide under section 36 of this Act that a pensionable servant shall be granted a reduced allowance, they shall reduce the allowance granted to him under section 36 of this Act below the amount that would be appropriate therefor under section 37 of this Act and to an extent not less than fifty per cent.

Grant of short service gratuity to pensionable servant.

39. —(1) Where a pensionable servant of a local authority having not less than one year and less than five 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 his pensionable remuneration multiplied by four and one-third multiplied by the number of the years of his pensionable local service, as they consider proper.

(2) Where a pensionable servant of a local authority having not less than five years 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 his pensionable remuneration multiplied by fifty-two, as they consider proper.

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

40. —(1) Where a pensionable 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 his pensionable remuneration multiplied by four and one-third multiplied by the number of the years of his pensionable local service, as they consider proper.

(2) Where a pensionable 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 multiplied by fifty-two.

Grant of gratuity to legal personal representative of deceased grantee under section 36.

41. —Where a person, who was a pensionable servant of a local authority and who was granted under section 36 of this Act an allowance on his ceasing to hold his employment, dies before the total of all sums received by him on foot of the allowance is equal to his pensionable remuneration multiplied by fifty-two, 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 multiplied by fifty-two, the local authority shall grant to his legal personal representative a gratuity equal to the difference beween the said total amount and the said pensionable remuneration multiplied by fifty-two.

Grant of gratuity to female pensionable servant on marriage.

42. —Where a female pensionable servant of a local authority who has not less than five years of pensionable local service, having ceased to hold her employment 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 employment with diligence and fidelity and to their satisfaction, the local authority shall grant to her a gratuity of an amount equal to—

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

(ii) her pensionable remuneration multiplied by fifty-two,

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 pensionable servants.

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

(a) his weekly rate of wages, and

(b) the weekly 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 wages nor emoluments or in respect of which he was paid compensation under the Workmen's Compensation Acts, 1934 to 1955, by such local authority.

(2) The contribution to be made by a pensionable servant of a local authority under this section may be obtained by such local authority by means of periodical deductions from his wages and emoluments, but, if any such deduction proper to be made by a local authority from his wages 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 gratuity or allowance 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 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, and

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

Return of contributions to pensionable servants.

44. —(1) In this Part of this Act “the contributions” means, in relation to a pensionable servant, 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 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.

(3) Where, as respects a pensionable servant of a local authority, it is ascertained after any particular local financial year that he has not had two hundred or more service days in respect of that year, the local authority shall return to him any contributions made by him under section 43 of this Act in respect of that year.

(4) Where a pensionable servant of a local authority who has less than ten years of pensionable local service ceases to be such pensionable servant otherwise than consequent on paragraph (b) of subsection (1) of section 31 of this Act or on account of being discharged for misconduct, is not employed in another position service in which is capable of being reckoned under this Act and is not granted a gratuity under section 39 or section 42 of this Act, the local authority shall return to him the contributions.

(5) Where a pensionable servant of a local authority having not less than ten years of pensionable local service ceases to be such pensionable servant otherwise than consequent on paragraph (b) of subsection (1) of section 31 of this Act or on account of being discharged for misconduct, is not employed in another position service in which is capable of being reckoned under this Act and is not entitled to an allowance under section 36 of this Act or a marriage gratuity under section 42 of this Act, the local authority shall return to him the contributions.

(6) Where a pensionable servant of a local authority is discharged 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.

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

(8) 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.

(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.

Repayment of returned contributions (pensionable servant).

45. —(1) Where, after the contributions have been returned under section 44 of this Act to a pensionable servant of a local authority on his ceasing to be a pensionable servant, 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 57 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 servant of a local authority has any period of service (other than as a servant or officer 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 that 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 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.

(4) Where—

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

(b) the case is one in which any 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 wages and emoluments.

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

(a) payments for overtime,

(b) travelling expenses,

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

(d) payments for filling a position temporarily unless the period for which the payments are made comprises six hundred or more service days reckoned back from termination of employment (any service day occurring during a local financial year in which the servant had less than two hundred service days being disregarded),

(e) 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 (e) 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, of servants of a particular class or of every servant, and thereupon, notwithstanding subsection (1) of this section, “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 pensionable servant.

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

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

(a) in case he has been a servant of a local authority during the whole of the relevant period or during so much of that period as he is entitled to reckon as service and, at the expiration of the relevant period, his rate of wages is a rate of wages that has not changed during the relevant period otherwise than in accordance with changes applicable generally to the class, description or grade of servants to which he belonged at the expiration of the relevant period—his weekly rate of wages at the expiration of the relevant period together with the weekly average of his emoluments (if any) in respect of that period;

(b) in any other case—the average weekly rate of wages and emoluments (if any) applicable to his employment or employments during the relevant period.

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

(4) Notwithstanding any other provisions of this Act, in subsection (2) of this section “wages” 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, “wages” shall include remuneration of an officer in any such position.

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

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

(i) in case the first day of the service of the servant capable of being reckoned under this Act was less than three years before his last service day—the period beginning on the commencement day and ending on his last service day, and

(ii) in any other case—the three years ending on his last service day.

(b) In subparagraph (i) of paragraph (a) of this subsection “the commencement day” means—

(i) in case the servant's first service day was preceded by service which he is entitled to reckon under this Act, which was in a position other than employment as a servant of a local authority and which commenced on a day less than three years before his last service day—the day on which that service commenced, and

(ii) in any other case—the servant's first service day.

Transitional provisions (Part III).

48. —(1) In the case of a local authority in relation to whom this Part of this Act came into operation pursuant to subsection (1) of section 5 of this Act, there shall be entered in the register as from the commencement of this Part of this Act in relation to the local authority—

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

(b) the name of every person, not being a person referred to in paragraph (a) of this subsection, as respects whom the following conditions are fulfilled:

(i) during any local financial year being a local financial year which ended before the commencement of this Part of this Act in relation to the local authority and which began on or after the 1st day of April in the completed local financial year which immediately preceded the commencement of Part III of the Act of 1948 in relation to the local authority, he had two hundred or more service days, and

(ii) at the commencement of this Part of this Act in relation to the local authority, either he is a servant of the local authority or they intend again to take him into their employment as a servant.

In this subsection “the former register” means such register as was maintained by the local authority, before the commencement of this Part of this Act in relation to them, under section 38 of the Act of 1948.

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

(3) Where, as respects any service day of a person in relation to a local authority between the commencement in relation to them of Part III of the Act of 1948 and the commencement in relation to them of this Part of this Act (other than a service day of a person whose name was entered pursuant to subsection (1) or subsection (2) of section 63 of the Act of 1948 in the register maintained by a local authority under section 38 of that Act, which occurred between the commencement in relation to the local authority of Part III of that Act and the time when his name was so entered), no contributions were contributed by him to the local authority—

(a) the service day shall not be reckoned as such unless he makes to the local authority in respect of the service day such contributions as would have been contributed by him under this Part of this Act if, on the service day, it had been in operation in relation to the local authority and he had been a pensionable servant, and

(b) subsections (2) and (3) of section 43 of this Act shall have effect in relation to the contributions under this subsection in like manner as they apply in relation to contributions under that section.

(4) Subsection (3) of this section shall not apply in relation to—

(a) a person who was disqualified for making an application under subsection (1) of section 63 of the Act of 1948 on account of paragraph (b) of that subsection,

(b) a person who was disqualified for making an application under subsection (2) of the said section 63 on account of paragraph (b) of that subsection, or

(c) a person to whom subsection (5) of this section applies.

(5) No contribution under section 43 of this Act shall be required from—

(a) a person referred to in subsection (5) of section 63 of the Act of 1948,

(b) a person to whom that subsection would have applied at the commencement of this Part of this Act if he had made an application under subsection (1) or subsection (2) of the said section 63,

(c) a person who, on the commencement of Part III of the Act of 1948 in relation to the Lord Mayor, Aldermen and Burgesses of Cork, could have made an application to that Corporation under subsection (1) or subsection (2) of the said section 63,

(d) a person—

(i) who, on the commencement of Part III of the Act of 1948 in relation to the local authority, was disqualified for making an application under subsection (1) of section 63 of the Act of 1948 on account of paragraph (b) of the said subsection (1) or disqualified for making an application under subsection (2) of the said section 63 on account of paragraph (b) of the said subsection (2), and

(ii) whose continuous service ending on the commencement of this Part of this Act began before the commencement of Part III of the Act of 1948.

(6) For the purposes of paragraph (b) and paragraph (c) of subsection (5) of this section, if the person in question was, at the commencement of Part III of the Act of 1948 in relation to the local authority, disqualified for making an application under subsection (1) of section 63 of the Act of 1948 on account of paragraph (b) of the said subsection (1) or disqualified for making an application under subsection (2) of the said section 63 on account of paragraph (b) of the said subsection (2), that fact shall be disregarded.

(7) The exemption under paragraph (d) of subsection (5) of this section shall continue so long only as the service of the person from the commencement of this Part of this Act is continuous.

(8) No contribution under section 43 of this Act shall be required from a person who, immediately before he became a pensionable servant, was a person to whom subsection (6), (7) or (8) of section 28 of this Act applied during a continuous period of service after becoming a pensionable servant.

General restriction on grants (servants).

49. —Save under this Act, a local authority shall not grant any pension, allowance, gratuity or return of contributions to or in respect of any of their servants.