Local Government (Superannuation) Act , 1948

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Local Government (Superannuation) Act, 1948.

2 Definitions.

2.—In this Act—

the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925);

the expression “the appropriate Minister” means—

(a) in case the local authority in question are a vocational education committee, the Minister for Education,

(b) in case the local authority in question are a committee of agriculture, the Minister for Agriculture,

(c) in any other case, the Minister;

the expression “the civil service,” when used without qualification includes, in addition to the civil service of the Government the civil services mentioned in paragraphs (a), (b), (e) and (f) of sub-section (1) of section 2 of the Superannuation Act, 1936 (No. 39 of 1936);

the word “emolument” means any apartments, rations, or other perquisite in kind (or, as the case may require, a monetary payment given in lieu of such apartments, rations, or other perquisites) appertaining to an office or employment;

the expression “established officer” means an officer of a local authority whose name is entered in the register of established officers maintained by such local authority under section 8 of this Act;

the expression “established position”, when used in relation to the civil service, has the same meaning as it has in the Superannuation Act, 1936 (No. 39 of 1936);

the expression “established servant” means a servant of a local authority whose name is entered in the register of established servants maintained by such local authority under section 38 of this Act;

the expressions “fire brigade officer” and “fire brigade servant” mean respectively an officer or a servant of a fire brigade authority under the Fire Brigades Act, 1940 (No. 7 of 1940), coming within a class specified in regulations under section 71 of this Act;

the expression “harbour authority” means a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946);

the expression “local body” has the same meaning as it has in Part IV of the Act of 1925;

the expression “local authority” means, subject to subsection (7) of section 5 of this Act, any of the following bodies:—

(a) a local authority for the purposes of the Local Government Acts, 1925 to 1946, other than a mental hospital board,

(b) a vocational education committee,

(c) a committee of agriculture,

(d) a school attendance committee,

(e) the Dublin Fever Hospital Board,

(f) the Cork Fever Hospital Board;

the expression “mental hospital board” means a joint board within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945);

the expressions “mental hospital officer” and “mental hospital servant” mean respectively an officer or a servant whose duties relate wholly to the functions now vested in a mental hospital authority under the Mental Treatment Act, 1945 (No. 19 of 1945);

the expression “the Minister” means the Minister for Local Government;

the word “officer” does not include a mental hospital officer or a person holding any of the offices mentioned in section 17 of the Local Government Act, 1941 (No. 23 of 1941);

the expression “pensionable local service” means—

(a) in relation to an established officer, his pensionable local service determined under Part II of this Act,

(b) in relation to an established servant, his pensionable local service determined under Part III of this Act,

(c) in relation to a pensionable officer to whom Part IV of the Act of 1925 applies, his service for the purposes of the said Part IV,

(d) in relation to a pensionable officer to whom any Act passed before the Act of 1925 and relating to superannuation applies, his service for the purposes of that Act;

the expression “pensionable officer” means a permanent officer who—

(a) devotes the whole of his time to the service of one or more than one local authority,

(b) in the case of an officer who acts as superintendent registrar of births, deaths and marriages or as registrar of marriages, devotes the remainder of his time to the service of one or more than one local authority,

(c) is required to be a registered medical practitioner or a nurse or a midwife, or

(d) is a pensionable officer for the purposes of Part IV of the Act of 1925;

the expression “pensionable office” means the office of a pensionable officer;

the expression “permanent officer” means an officer other than an officer appointed—

(a) for a specified period only,

(b) until the completion of a specified work or duty,

(c) until the appointment of another person to the office, or

(d) during the absence or incapacity of another person;

the expression “permanent servant” means a servant whose employment is of a permanent and whole-time character and is not employment (other than employment in a supervising capacity) on any work or scheme of works the expenses of which are in whole or in part met from moneys provided by the Oireachtas for the provision of employment and the relief of distress;

the word “servant” does not include a mental hospital servant;

the expression “the Superannuation Acts” means the Superannuation Acts, 1834 to 1946;

the word “unfitness” means unfitness of an officer or servant for his office or employment, but does not include unfitness due to physical or mental infirmity or old age.

3 Laying of regulations before Oireachtas.

3.—Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4 Commencement of Part II.

4.—Part II of this Act shall come into operation on such day as the Minister by order appoints for that purpose.

5 Commencement of Part III.

5.—(1) A local authority may by resolution decide to adopt Part III of this Act as on and from a specified date not earlier than one month after the date of the resolution.

(2) A resolution under this section shall contain a declaration of the maximum number of the persons to be at any one time in the employment of the local authority as permanent servants.

(3) The passing of a resolution under this section shall be a reserved function for the purposes of the County Management Acts, 1940 and 1942, and for the purposes of the Act or Acts relating to the management of any county borough.

(4) Not less than one month nor more than two months before a resolution under this section is passed, notice in writing of the intention to propose the resolution shall be given to the appropriate Minister and to either—

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

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

(5) Where a local authority pass a resolution under this section deciding to adopt Part III of this Act as on and from a specified date, that Part and the declaration in the resolution as to the maximum number of persons to be at any one time in the employment of the local authority shall come into operation in relation to them on that date.

(6) Part III of this Act shall come into operation as provided by subsection (5) of this section and not otherwise.

(7) A reference in Part III of this Act to a local authority does not include a reference to any local authority in relation to whom that Part has not come into operation.

(8) The commencement of Part III of this Act in relation to a local authority shall not have the effect of applying section 53 of the Act of 1925 to such local authority.

6 Expenses of the Minister.

6.—The expenses incurred by any 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.

7 Repeals.

7.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

PART II. Established Officers.

8 Register of established officers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12 Certain existing enactments not to apply to established officer.

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

13 General limitations on service to be reckoned by established officer.

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

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

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

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

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

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

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

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

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

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

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

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

14 Service as established officer.

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

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

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

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

15 Service of established officer as mental hospital officer or servant.

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

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

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

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

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

16 Service of established officer under harbour authority.

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

17 Service as school teacher.

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

18 Service in the civil service.

18.—Where—

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

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

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

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

19 Service as pensionable servant.

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

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

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

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

20 Pensionable local service of established officer.

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

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

21 Addition of years to pensionable local service of established officer.