ELECTRICITY SUPPLY BOARD (SUPERANNUATION) ACT, 1942

AN ACT TO MAKE PROVISION FOR THE GRANT OF PENSIONS, ALLOWANCES, AND GRATUITIES TO OR IN RESPECT OF MEMBERS OF THE ELECTRICITY SUPPLY BOARD AND PERSONS EMPLOYED BY THE SAID BOARD, TO PROVIDE FOR THE SETTING UP BY THE SAID BOARD OF A TRIBUNAL TO DETERMINE DISPUTES BETWEEN THE SAID BOARD AND MANUAL WORKERS EMPLOYED BY IT, AND TO PROVIDE FOR DIVERS MATTERS CONNECTED WITH OR INCIDENTAL TO THE SEVERAL MATTERS AFORESAID. [22nd July, 1942.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “the Principal Act” means the Electricity (Supply) Act, 1927 (No. 27 of 1927);

the expression “the Board” means the Electricity Supply Board;

the expression “superannuation scheme” means a superannuation scheme which has the force of law by virtue of this Act and, where such scheme has been amended under this Act, means such scheme as so amended;

the expression “superannuation benefits”, when used in relation to a superannuation scheme, includes pensions, allowances, and gratuities;

the expression “manual worker”means a person in the employment of the Board who is a manual worker for the purposes of the superannuation schemes;

references to paying contributions shall be construed as including payment by deduction by the Board from salary or wages;

references to superannuation benefits payable to or receivable by a person or to which a person is entitled shall be construed as including superannuation benefits payable to the personal representative of such person.

2 Payment of superannuation benefits to members of the Board.

2.—(1) Where a member of the Board required by the Principal Act or the terms of his appointment to devote the whole of his time to his duties as such member ceases, after two or more periods (whether continuous or discontinuous) of whole-time membership of the Board which amount in the aggregate to not less than ten years and include at least one term of office of five years as a whole-time member of the Board, to be a member of the Board by expiration of his term of office without reappointment or by resignation during his term of office either after he has attained the age of sixty years or on account of ill-health before attaining that age, it shall be lawful for the Board to grant to such member a pension for life of an amount per annum calculated at the rate of one forty-eighth of the yearly salary of such member for every completed year of whole-time membership of the Board, but subject to a maximum of twenty forty-eighths of such yearly salary.

• (2) Where a member of the Board dies during his term of office after a period of not less than five years continuous whole-time membership ending at his death, it shall be lawful for the Board to grant and pay to the personal representative of such member a gratuity of an amount equal to the yearly salary of such member.

• (3) Where a person to whom a pension is granted under sub-section (1) of this section dies at such time after the cesser of his membership of the Board that the amount of such pension for the period from the date of such cesser to the date of his death is less than his yearly salary as a member of the Board, it shall be lawful for the Board to grant and pay to the personal representative of such person a gratuity of an amount equal to the sum by which the said amount of such pension for the said period falls short of the said yearly salary.

• (4) For the purposes of this section—

• (a) the yearly salary of a member of the Board shall be taken to be his average yearly salary as such member during the period of three years expiring on the date of the cesser of his membership or of his death, as the case may be, and

• (b) the expiration of the term of office of a member of the Board followed by his reappointment (whether actually made before, on, or after such expiration) to membership of the Board for a term beginning on the date, or the day after the date, of such expiration shall not constitute a break in the continuity of his membership of the Board.

3 Provisions in respect of the pensions of members of the Board.

3.—(1) Whenever a person to whom a pension (in this sub-section referred to as the first-mentioned pension) has been granted under the next preceding section is in receipt of a pension (in this sub-section referred to as the second-mentioned pension) in respect of service in any situation in a public department or under a local authority (whether the second-mentioned pension was granted before or after the grant of the first-mentioned pension), whichever of the following provisions is applicable shall apply and have effect, that is to say:—

• (a) if the second-mentioned pension equals or exceeds one-half of the salary by reference to which the amount of the first-mentioned pension was computed, the first-mentioned pension shall not be payable in respect of any period for which the second-mentioned pension is payable;

• (b) if the second-mentioned pension is less than one-half of the salary by reference to which the amount of the first-mentioned pension was computed, so much only of the first-mentioned pension shall be payable for any period in respect of which the second-mentioned pension is payable as is equal to the amount by which the second-mentioned pension falls short of one-half of the said salary.

• (2) Whenever a person to whom a pension has been granted under the next preceding section is employed in any situation in a public department or under a local authority and either of the following provisions is applicable, then whichever of those provisions is applicable shall apply and have effect, that is to say:—

• (a) during any period for which the yearly rate of such person's remuneration in the said situation equals or exceeds the salary by reference to which the said pension was computed, the said pension shall not be payable;

• (b) during any period for which the yearly rate of such remuneration is less than the said salary but is greater than the amount by which the said salary exceeds the said pension, so much only of the said pension shall be payable as is equal to the amount by which the yearly rate of such remuneration falls short of the said salary.

• (3) In this section the expression “situation in a public department” includes—

• (a) any situation which is remunerated wholly or partly out of moneys (other than a single grant or occasional grants not renewed from year to year) provided by the Oireachtas,

• (b) any situation which is a public office within the meaning of the Superannuation Act, 1892, or any enactment amending that Act, and

• (c) any situation in or under or as a paid member of a board or body established by or under any Act of the Oireachtas which the Minister for Finance by order declares to be a public department for the purposes of this section.

4 Preparation by the Board of schemes for the superannuation of its employees.

4.—(1) As soon as conveniently may be after the passing of this Act, the Board shall prepare in accordance with this section—

• (a) a scheme (in this Act referred to as the general employees superannuation scheme) for the grant and payment of superannuation benefits to all persons (with the exceptions mentioned in this Act or the scheme itself) employed by the Board who are not manual workers, and

• (b) a scheme (in this Act referred to as the manual workers superannuation scheme) for the grant and payment of superannuation benefits to all persons (with the exceptions mentioned in this Act or the scheme itself) employed by the Board who are manual workers.

• (2) When the Board has prepared a scheme in pursuance of the foregoing sub-section of this section, the Board shall, before submitting such scheme to the Minister,—

• (a) make a copy of such scheme available during a period of twenty-one days for inspection by the employees of the Board who would be entitled to receive superannuation benefits under such scheme as so prepared, and

• (b) give notice to the said employees of such availability for inspection, and

• (c) receive and consider all representations made to the Board during the said period by or on behalf of any of the said employees, and

• (d) make such (if any) alterations in such scheme as the Board shall consider to be necessary or desirable having regard to representations so made to them.

5 Confirmation of schemes by the Minister.

5.—(1) Every scheme prepared by the Board in pursuance of the next preceding section shall be submitted by the Board to the Minister.

• (2) When a scheme has been submitted to the Minister in pursuance of the foregoing sub-section of this section, the Minister shall either, as he shall think proper, refer such scheme back to the Board for reconsideration and fresh submission under the said sub-section or, by order made after consultation with the Minister for Finance, confirm such scheme either without modification or with such modifications (whether by way of addition, omission, or variation) as the Minister shall, after such consultation, think proper.

• (3) When a scheme prepared by the Board has been confirmed by the Minister under this section, such scheme shall, as from the date of the order of the Minister confirming it, have the force of law in the form in which it was so confirmed.

6 Preparation and confirmation of amending schemes.

6.—(1) It shall be lawful for the Board whenever they think proper, to prepare a scheme (in this section referred to as an amending superannuation scheme) amending (whether by addition, omission, or variation) a superannuation scheme previously confirmed by the Minister or amending (whether as aforesaid) or revoking an amending superannuation scheme for the time being in force.

• (2) The provisions of this Act requiring the Board, before submitting a scheme to the Minister, to make a copy of such scheme available to employees, to give notice of such availability, to receive and consider representations, and to make alterations in such scheme shall apply and have effect in relation to every amending superannuation scheme.

• (3) Every amending superannuation scheme prepared by the Board under this section shall be submitted by the Board to the Minister, and the Minister shall have the like powers and duties in relation to the confirmation of such amending superannuation scheme as he has under this Act in relation to the confirmation of a scheme prepared and submitted by the Board under the foregoing provisions of this Act.

• (4) No amending superannuation scheme shall operate so to amend a superannuation scheme as to cause such superannuation scheme to contravene in any manner the provisions of this Act in relation to the matters to be provided for by or the provisions to be contained in such superannuation scheme.

• (5) When an amending superannuation scheme has been confirmed by the Minister under this section, such scheme shall, as from the date of the order of the Minister confirming it, have the force of law in the form in which it was so confirmed, and the superannuation scheme to which such amending superannuation scheme relates shall have effect subject to the provisions of such amending superannuation scheme as so confirmed.

7 General provisions in regard to the contents of superannuation schemes.

7.—(1) Every superannuation scheme shall—

• (a) provide that a fund shall be set up out of which the superannuation benefits payable under the scheme shall be paid and that such fund shall be administered in accordance with this Act and the regulations made thereunder by the Minister, and

• (b) provide (save as otherwise provided by this section) that every person entitled to superannuation benefits under the scheme shall pay contributions to the said fund and that the Board shall make to the said fund payments equal in the aggregate to the aggregate amount of the said contributions thereto, and

• (c) provide that the Board shall defray the expenses of administering the scheme and managing the said fund, and

• (d) indicate clearly the classes of persons in the employment of the Board who are to be entitled to take advantage of the scheme and pay contributions and receive superannuation benefits thereunder and, in particular, define the classes of persons who are to be deemed in relation to the scheme to be manual workers, and

• (e) prescribe the contributions payable and the superannuation benefits receivable under the scheme and (subject to the provisions of this Act) the service which will qualify or be reckonable for such benefit, and

• (f) prescribe (subject to the provisions of this section) the circumstances in which persons leaving the employment of the Board before they have become entitled to superannuation benefits under the scheme will be entitled to have contributions paid by them under the scheme repaid, whether with or without interest, and

• (g) provide for the transfer of an employee of the Board from one superannuation scheme to the other such scheme where a change in the character of the employment of such employee renders such transfer appropriate, and

• (h) provide for matters incidental or ancillary to all or any of the matters mentioned in the foregoing paragraphs of this sub-section.

• (2) In addition to the matters mentioned in the next preceding sub-section, of this section, the general employees superannuation scheme shall provide that only continuous service in the employment of the Board ending on the date of retirement from that employment on account of age or ill-health shall qualify or be reckonable for superannuation benefits under that scheme, but the said scheme shall also provide that, in the reckoning of such continuous service of any employee, any period of service of such employee in the employment of the Board prior to a break after the passing of this Act in that service shall be included if, but only if, either the contributions paid to the said fund by such employee in respect of such period of service remain in the said fund or, where a sum in respect of such contributions or such contributions and interest thereon has been repaid to such employee, such sum is refunded to the said fund, whether with or without interest, but subject to the over-riding limitation that only service prior to such break which would have been so reckonable if such break had not occurred shall be included.

• (3) In addition to the matters mentioned in sub-section (1) of this section, the manual workers superannuation scheme shall provide that only continuous service in the employment of the Board ending on the date of retirement, from that employment on account of age or ill-health shall qualify or be reckonable for superannuation benefits under the scheme, but the said scheme shall also provide—

• (a) that in the reckoning of such continuous service as aforesaid of any manual worker, any period of service of such worker in the employment of the Board prior to a break after the passing of this Act in that service through wilful action on the part of such worker which caused, or might have caused, an interruption in the generation, transmission, or distribution of electricity by the Board or which impeded, or might have impeded, the due performance of any of the functions or duties of the Board shall be excluded, and

• (b) that in the reckoning of such continuous service as aforesaid of any manual worker, any period of service of such worker in the employment of the Board prior to a break after the passing of this Act in that service shall be included if, but only if, such break was not due to such wilful action on the part of such worker as is mentioned in the next preceding paragraph of this sub-section and either the contributions paid to the said fund by such worker in respect of such period of service remain in the said fund or, where a sum in respect of such contributions or such contributions and interest thereon has been repaid to such worker, such sum is refunded to the said fund, whether with or without interest, but subject to the overriding limitations that no part of such prior service which is excluded by the said next preceding paragraph shall be so included and that only that service prior to such break which would have been so reckonable if such break had not occurred shall be included, and

• (c) that where, in the reckoning of such continuous service as aforesaid of any manual worker, any period of service of such worker is excluded in pursuance of paragraph (a) of this sub-section, all contributions paid to the said fund by such person or by the Board on his behalf in respect of the period of service so excluded shall remain in the said fund and shall not be repayable, and

• (d) that every dispute as to whether a break after the passing of this Act in the service of any manual worker in the employment of the Board was or was not due to such wilful action as is mentioned in paragraph (a) of this sub-section on the part of such worker shall be referable to the Tribunal to be established under this Act, and that the decision of the said Tribunal thereon shall be final and binding on all persons concerned.

• (4) Every superannuation scheme shall also contain provisions enabling persons to whom the scheme applies who are in the employment of the Board at the date of the confirmation of the scheme to elect, in a specified manner and within a specified time after the said date, to take advantage of the scheme and pay contributions thereunder as on and from the date of such election and precluding any such persons who do not so elect from paying contributions or receiving superannuation benefits under the scheme, and also provisions to the following effect in respect of every person who does so elect and does so pay contributions (hereinafter referred to as a contributor), that is to say:—

• (a) every contributor shall (save as is otherwise provided in whichever of the two next preceding sub-sections of this section is applicable to him) be entitled to reckon for superannuation benefits under the scheme his service (hereinafter referred to as subsequent service) in the employment of the Board on and subsequent to the date of his said election, and

• (b) if a contributor pays to the fund set up for the purposes of the scheme appropriate contributions (with compound interest) in respect of his service (hereinafter referred to as prior service) in the employment of the Board prior to and ending on the day before the date of his said election, the Board shall also pay to the said fund appropriate contributions (with compound interest) in respect of such contributor's prior service and such contributor shall (save as is otherwise provided as aforesaid) be entitled to reckon for superannuation benefits under the scheme his prior service in full as well as so much (whether the whole or a part) of his subsequent service as is reckonable by virtue of the foregoing paragraph (a), and

• (c) if any contributor does not pay to the said fund appropriate contributions in respect of his prior service, the Board shall pay to the said fund appropriate contributions (with compound interest) in respect of such contributor's prior service and such contributor shall (save as is otherwise provided as aforesaid) be entitled to reckon for superannuation benefits under the scheme one-half and no more of his prior service as well as so much (whether the whole or a part) of his subsequent service as is so reckonable by virtue of the foregoing paragraph (a).

• (5) Every superannuation scheme shall also contain provisions prescribing the manner in which and the time within which a person who enters the service of the Board after the date of the confirmation of the scheme and is entitled to take advantage of the scheme may indicate to the Board his intention to take advantage of the scheme, and providing that any such person who does not indicate such intention in the manner and within the time so prescribed shall not be entitled to pay contributions or receive superannuation benefits under the scheme.

• (6) No superannuation scheme shall apply to or enable superannuation benefits thereunder to be received by any excepted person.

In this sub-section the expression “excepted person” means a person who was transferred to the service of the Board under either sub-section (9) of section 39 or sub-section (5) of section 105 of the Principal Act and has, by virtue of such transfer, a right to superannuation benefits payable by the Board, not being a person who—

• (a) left the service of the Board before the passing of this Act, and

• (b) was thereupon granted by the Board an allowance for life or a gratuity, and

• (c) was, at any time after so leaving the service of the Board and before the passing of this Act, re-appointed to the service of the Board.

8 Financial provisions in relation to superannuation schemes.

8.—(1) When a superannuation scheme has been confirmed by the Minister, the Minister may, by the order confirming such scheme or by a subsequent order made after consultation with the Minister for Finance, make regulations for all or any of the following purposes, that is to say:—

• (a) providing for the setting up of the fund required by such scheme to be set up for the purposes thereof, and providing for the vesting of such fund in trustees and for the appointment of such trustees from time to time as occasion requires;

• (b) providing for the investment of such fund in accordance with this Act;

• (c) providing for the keeping and audit of the accounts of such fund;

• (d) prescribing the notice to be given by such trustees to the Board or by the Board to such trustees in respect of the repayment of moneys lent under this section by such trustees to the Board;

• (e) providing for such other matters relating to the establishment, maintenance, and administration of such fund as the Minister considers proper to be provided for.

• (2) The moneys comprised in a fund set up for the purposes of a superannuation scheme may be invested in one or more of the following ways, and in no other way, that is to say:—

• (a) in such securities for the time being authorised by law for the investment of trust funds as the trustees of the fund shall, after consultation with the Minister for Finance, think proper;

• (b) in such other securities for the time being approved of in that behalf by the Minister for Finance as the said trustees shall think proper;

• (c) in loans to the Board under the next following sub-section of this section.

• (3) It shall be lawful for the trustees of a fund set up for the purposes of a superannuation scheme to lend to the Board, and for the Board to borrow from such trustees, out of such fund such moneys as such trustees and the Board shall think proper, and whenever any such moneys are so lent by such trustees to the Board the following provisions shall apply and have effect, that is to say:—

• (a) the Board shall pay to such trustees interest on such moneys;

• (b) the said interest shall be paid at such rate as shall, with the consent of the Minister for Finance, be agreed upon by such trustees and the Board before the money is lent;

• (c) such moneys shall be repayable on such notice by such trustees to the Board or by the Board to such trustees, as shall be prescribed by regulations made by the Minister under this section;

• (d) such moneys shall be expended by the Board solely for the purpose of the exercise and performance of the powers and functions conferred by law on the Board;

• (e) such moneys and the interest thereon shall, by virtue of this section, be charged on and recoverable out of all property on which advances by the Minister for Finance to the Board and the interest and sinking fund payments in respect thereof are for the time being charged and shall, as against such property, rank next after the charges mentioned in section 16 of the Principal Act.

• (4) A fund set up for the purposes of a superannuation scheme shall be deemed to be set up under an irrevocable trust.

9 Establishment of the Tribunal.

9.—(1) As soon as conveniently may be after the passing of this Act, the Minister shall cause a tribunal (in this Act referred to as the Tribunal) to be established in accordance with this section for the purposes mentioned in this Act.

• (2) The Tribunal shall consist of a chairman and two ordinary members appointed in accordance with the following provisions, that is to say:—

• (a) one of the ordinary members of the Tribunal shall be nominated and appointed by the Board;

• (b) the other of the ordinary members of the Tribunal shall be nominated and appointed by the persons for the time being in the employment of the Board who are manual workers in such manner as shall be prescribed by regulations made by the Minister under this section;

• (c) the chairman of the Tribunal shall be appointed by the Minister on the joint nomination of the two ordinary members, but if either or both of those members informs or inform the Minister that they cannot agree on a joint nomination, the chairman shall be nominated and appointed by the Minister.

• (3) Every member of the Tribunal shall, unless he sooner dies or resigns, hold office as such member for five years from the date of his appointment, but shall be eligible for re-appointment.

• (4) If the chairman of the Tribunal is for any reason temporarily unable to act as chairman, the Minister may on the joint nomination of the two ordinary members of the Tribunal appoint another person to act temporarily as the chairman of the Tribunal during such inability, but if either or both of the said ordinary members informs or inform the Minister that they cannot agree on a joint nomination, the Minister may himself nominate the person so to be appointed by him.

• (5) If the ordinary member of the Tribunal nominated and appointed by the Board is for any reason temporarily unable to act as a member of the Tribunal, the Board shall nominate and appoint another person to act temporarily as a member of the Tribunal during such inability.

• (6) If the ordinary member of the Tribunal nominated and appointed by the persons for the time being in the employment of the Board who are manual workers is for any reason temporarily unable to act as a member of the Tribunal, the said persons shall nominate and appoint (in such manner as shall be prescribed by regulations made by the Minister under this section) another person to act temporarily as a member of the Tribunal during such inability.

• (7) The Minister may, after consultation with such person or persons or organisation or organisations as appear to him to be representative of manual workers in the employment of the Board, make regulations prescribing the manner in which the persons for the time being in the employment of the Board who are manual workers shall nominate and appoint the ordinary member of the Tribunal to be nominated and appointed by them and the manner in which those persons shall nominate and appoint a person to act temporarily as a member of the Tribunal during the inability of the said ordinary member to act as such member.

10 Procedure of the Tribunal.

10.—(1) The Tribunal shall have power to do all or any of the following things, that is to say:—

• (a) to regulate its own procedure and appoint the times and places of its sittings;

• (b) to take evidence on oath and for that purpose to administer oaths;

• (c) to allow any person or persons to be present at sittings of the Tribunal and to exclude any person or persons from such sittings.

• (2) Where the Tribunal cannot reach a unanimous decision on any matter referred to it under this Act, the decision of the Tribunal shall be—

• (a) where two of its members are in agreement, in accordance with the opinion of such two members, or

• (b) in default of agreement between two of its members, in accordance with the opinion of the chairman.

• (3) The decision of the Tribunal on any matter referred to it under this Act shall be given in writing signed by the chairman.

• (4) The Tribunal shall have all such powers, rights, and privileges for enforcing the attendance of witnesses and examining them on oath and for compelling the production of documents as are vested in the High Court or a Judge thereof in respect of the trial of an action, and a summons signed by the Chairman of the Tribunal shall be equivalent to and have the like effect as a formal process issued by the High Court for enforcing the attendance of witnesses or compelling the production of documents.

• (5) If any person on being duly summoned under this section to attend as a witness before the Tribunal makes default in so attending or, being in attendance before the Tribunal as a witness, refuses to take an oath required by the chairman to be taken by him or refuses to produce any document in his power or control required by the chairman to be produced by him or refuses to answer any questions required by the chairman to be answered by him, the chairman may certify the offence of such person to the High Court and that Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the said Court.

11 Reference of disputes to the Tribunal.

11.—(1) Every dispute which shall arise between the Board and all or any of the manual workers for the time being in the employment of the Board (including disputes declared by this Act to be referable to the Tribunal) shall, at the request of the Board or of the other party or parties to the dispute, be referred to and be determined by the Tribunal.

• (2) When determining a dispute in relation to rates of wages and hours of labour or either of them, the Tribunal shall have regard to the principle underlying the fair wages clause commonly inserted in government contracts, and to the general circumstances and conditions of employment by the Board, including the advantages of regular employment and the benefits under the superannuation schemes under this Act.

12 Special provisions in relation to the manual workers superannuation scheme.

12.—(1) No person shall be entitled to pay any contribution or receive any benefit under the manual workers superannuation scheme unless or until he has signed and deposited with the Board a consent to pay contributions under that scheme.

• (2) Whenever a person in the employment of the Board has signed and deposited with the Board such consent as is mentioned in the foregoing sub-section of this section, the Board shall, as soon as may be, give to such person a summary in writing of the provisions of this Act in relation to the following matters, that is to say:—

• (a) continuity of service with the Board so far as concerns manual workers, and

• (b) the effect of a break in the service of a manual worker and, in particular, the effect of a break due to wilful action which causes or might have caused an interruption in the generation, transmission, or distribution of electricity by the Board or which impedes or might have impeded the due performance of any of the functions or duties of the Board, and

• (c) the Tribunal and the functions thereof.

13 Power for certain persons transferred to the service of the Board to elect.

13.—(1) In this section—

the expression “excluded person” means a person employed by the Board who was transferred to the service of the Board under sub-section (9) of section 39 of the Principal Act and has, by virtue of such transfer, a right to superannuation benefits payable by the Board and in respect of whom it is provided by this Act that no superannuation scheme shall apply to or enable superannuation benefits thereunder to be received by him;

the expression “appropriate superannuation scheme” means, in relation to an excluded person, the superannuation scheme which would apply to him if he were not an excluded person.

• (2) Any excluded person may, by application in writing made to the Board not later than one month after the confirmation by the Minister of the appropriate superannuation scheme, elect to be deemed to have surrendered the superannuation benefits to which he is entitled by virtue of his transfer to the service of the Board and to be entitled in lieu thereof to receive from the Board the like superannuation benefits as those which he would be entitled to receive under the appropriate superannuation scheme if that scheme applied to him.

• (3) The following provisions shall apply and have effect in relation to every excluded person who makes to the Board, within the time limited by the next preceding sub-section of this section, such application as is mentioned in that sub-section, that is to say:—

• (a) such excluded person shall not be entitled to receive any of the superannuation benefits to which he was entitled by virtue of his transfer to the service of the Board;

• (b) such person shall be entitled to receive from the Board the like superannuation benefits as those which he would be entitled to receive under the appropriate superannuation scheme if that scheme applied to him;

• (c) such person shall be entitled to reckon for the purposes of the superannuation benefits to which he is entitled under the next preceding paragraph of this sub-section the same number of years of continuous service as he would have been entitled to reckon for the purposes of the superannuation benefits to which he would have been entitled if he had not made the said application to the Board but subject to the provisions of the appropriate superannuation scheme in relation to the calculation of continuous service;

• (d) notwithstanding anything contained in the next preceding paragraph of this section, such person shall not be entitled to receive, in respect of any particular benefit, any greater amount than the maximum amount fixed by the appropriate superannuation scheme in respect of that benefit;

• (e) for the purpose of calculating the superannuation benefits to which such person would have been entitled under the appropriate superannuation scheme if that scheme had applied to him, there shall be deemed to have been duly paid by or in respect of him the contributions appropriate under the said scheme to the number of years of service which he is entitled under this sub-section to reckon;

• (f) subject to the foregoing provisions of this sub-section, the provisions of the appropriate superannuation scheme and of this Act shall apply and have effect in relation to such person in like manner in all respects as if such scheme applied to him.

• (4) Where the appropriate superannuation scheme in respect of an excluded person is the manual workers superannuation scheme, an application under this section by such person to the Board shall be void and of no effect unless it is accompanied by a declaration, signed by such person, to the same effect as the declaration the deposit of which with the Board is made by this Act a condition precedent to the payment of contributions and the receipt of superannuation benefits under the manual workers superannuation scheme.

• (5) All superannuation benefits which an excluded person becomes entitled under this section to receive from the Board shall be paid by the Board as part of its general expenses.

• (6) Every dispute which shall arise between the Board and an excluded person (including a person claiming to be an excluded person) in relation to this section or any of the provisions thereof shall, at the request of the Board or of such person be referred to and determined by the Tribunal, and the decision of the Tribunal thereon shall be final and binding on the Board and on such person.

14 Power to the Board to pay supplementary allowances to certain elderly employees.

14.—(1) This section applies to every person who—

• (a) is in the employment of the Board at the passing of this Act, and

• (b) at such passing is not less than forty years of age, and

• (c) pays contributions and is entitled to superannuation benefits under a superannuation scheme, and

• (d) is not a person to whom the next following section applies.

• (2) Where a person to whom this section applies retires from the service of the Board in such circumstances that he is entitled to a pension under a superannuation scheme and the (Board is of opinion that, owing to the age of such person at the passing of this Act, such pension is, having regard to all the circumstances, unduly small, it shall be lawful for the Board, if they so think fit, to grant and pay to such person (by way of addition to such pension) a supplementary allowance for his life of such amount as the Board shall think proper subject to the limitation that the aggregate amount of such pension and such supplementary allowance shall not exceed either of the following amounts, that is to say:—

• (a) the amount of the pension to which such person would be entitled under the said superannuation scheme if ten years were added to the period of service on which his said pension under that scheme was calculated, or

• (b) the maximum pension payable under the said superannuation scheme.

15 Power of the Board to pay allowances to certain persons transferred to the service of the Board.

15.—(1) This section applies to every person for the time being in the employment of the Board who was transferred to the service of the Board from service in an undertaking acquired by the Board under section 38 of the Principal Act and who, immediately before such transfer, had no superannuation rights referable to his service in such undertaking.

• (2) Where a person to whom this section applies and who at the passing of this Act has not attained the age of sixty years retires from the service of the Board in such circumstances that he is entitled to a pension under a superannuation scheme under this Act, it shall be lawful for the Board, if they so think fit, to grant and pay to such person (by way of addition to such pension) a supplementary allowance for his life of such amount as the Board shall (subject to the provisions of the next following sub-section of this section) think proper.

• (3) A supplementary allowance granted under the immediately preceding sub-section of this section to a person to whom this section applies shall not exceed one-half of the pension which such person (if he were not a person to whom this section applies) would have been entitled to receive under the superannuation scheme under this Act applicable to him if contributions under that scheme had been paid by him and by the Board in respect of each completed year of his actual service in the undertaking from which his transfer to the service of the Board took place.

• (4) Where a person to whom this section applies and who at the passing of this Act has attained the age of sixty years retires from the service of the Board, it shall be lawful for the Board, if they so think fit, to grant and pay to such person an allowance for his life of an amount not exceeding one-half of the average annual rate of the salary or wages payable to him by the Board during the period of three years immediately before his retirement from the service of the Board.

16 Power of the Board to pay gratuities to persons excluded by ill-health from superannuation schemes.

16.—(1) This section applies to every person in the employment of the Board who is precluded solely on the ground of his health from paying contributions and receiving benefits under a superannuation scheme under this Act.

• (2) It shall be lawful for the Board, if they so think fit, to pay to a person to whom this section applies a gratuity on his retirement from service in the employment of the Board of such amount as the Board shall think proper, but exceeding neither an amount equal to the annual salary or wages payable to such person by the Board immediately before his said retirement nor one-twelfth of such salary or wages multiplied by the number of years of service of such person in the employment of the Board.

17 Expenses.

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

• (2) All pensions, gratuties, allowances and other superannuation benefits payable by the Board under this Act, and all contributions and other moneys payable by the Board under a superannuation scheme, and all other expenses incurred by the Board under this Act shall be defrayed as part of the general expenses of the Board.

• (3) The expenses under this Act in relation to the Tribunal (including fees) shall be defrayed by the Board as part of the general expenses of the Board.

18 Short title and collective citation.

18.—(1) This Act may be cited as the Electricity Supply Board (Superannuation) Act, 1942.

• (2) The Electricity (Supply) Acts, 1927 to 1941, and this Act may be cited together as the Electricity (Supply) Acts, 1927 to 1942.