Local Government (Superannuation) Act , 1956

(a) an application for such allowance during the period (if any) for which the wife survives the applicant, or

(b) an application for such allowance during both the period of the joint lives of the applicant and the wife and the period (if any) for which the wife survives the applicant.

(4) Where an application is made under this section for the surrender of portion of an allowance, the local authority may, at their discretion, refuse or allow the application, subject to the proviso that they shall not allow the application unless they are satisfied that the applicant is in good health.

(5) Where an application under this section for the surrender of portion of an allowance is allowed—

(a) that allowance shall be reduced accordingly,

(b) if the application is for a surrender in consideration of an allowance for the wife of the applicant during the period (if any) for which she survives the applicant, the local authority shall grant to her, if she survives the applicant, an allowance during the period for which she survives him,

(c) if the application is for a surrender in consideration of an allowance for the wife of the applicant during both the period of the joint lives of the applicant and the wife and the period (if any) for which the wife survives the applicant, the local authority shall grant to the wife an allowance during the period of the joint lives and, if the wife survives the applicant, during the period for which she survives him, and

(d) if the application is for a surrender in consideration of an allowance for a dependant, the local authority shall grant to the dependant, if the dependant survives the applicant, an allowance during the period for which the dependant survives the applicant.

(6) An allowance under this section shall be of such value as is actuarially equivalent (in accordance with such tables as, at the time when the applicant ceased to hold office or employment, stood approved of for the purposes of this section by the Minister) to what is surrendered.

(7) In the case of an allowance under this section during both the period of the joint lives of the applicant and his wife and the period (if any) for which his wife survives the applicant, the rate of the allowance for the second period shall be double the rate thereof for the first period.

(8) An allowance under this section shall not exceed the reduced allowance of the applicant.

(9) Where a person surrenders under this section portion of an allowance—

(a) for the purpose of determining whether any, and, if so, what amount may be paid to him, having regard to paragraph (a) of subsection (1) of section 62 of this Act, by way of the allowance in respect of any period in relation to which he receives any such payment as is referred to in that paragraph, the remuneration referred to in that paragraph shall be treated as reduced by the amount surrendered by him as aforesaid,

(b) for the purpose of calculating the amount of any gratuity which may be granted to his legal personal representative under section 21 (where applicable) of this Act, the total of all the sums received by him on foot of the lump sum and allowance shall be deemed to be the total of all sums which would have been so received by him but for the surrender, and

(c) for the purpose of calculating the amount of any gratuity which may be granted to his legal personal representative under section 41 (where applicable) of this Act, the total of all sums received by him on foot of the allowance shall be deemed to be the total of all sums which would have been so received by him but for the surrender.

52 Gratuity or allowance in case of injury.

52.—(1) Where an officer or servant of a local authority is injured—

(a) in the actual discharge of his duty, and

(b) without his own default, and

(c) by some injury attributable solely to the nature of his duty,

the local authority may grant to him, and, if within seven years after the date of the injury, he dies as a direct result thereof, to his widow (or, in the case of a female officer or servant, her widowed husband), his father or mother, if wholly dependent on him at the time of his death, and to or in respect of his children, or any of them, such gratuity or allowance in money for life or for a limited period as the local authority may consider reasonable and as may be sanctioned by the Minister either generally or in any particular case.

(2) Where an allowance is granted under this section to an injured person and there is also payable to him all or any of the following:

(a) any other allowance payable by the local authority,

(b) any lump sum so payable, and

(c) any amount so payable by way of compensation under the Workmen's Compensation Acts, 1934 to 1955,

the allowance under this section together with so much as may be equivalent to whatever is also payable as aforesaid shall not exceed five-sixths of the remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of the position in which he received the injury.

53 Gratuity—part-time, permanent, non-pensionable officer.

53.—Where—

(a) a permanent officer, other than a teacher, of a local authority is a part-time officer and is not a pensionable officer, and

(b) as respects such officer—

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

(ii) his office is abolished, or

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

the local authority may grant him a gratuity equal to one-twelfth of his remuneration at the time he ceases to hold office multiplied by the number of whole years (any odd fraction of a whole year being disregarded) in the continuous period ending at the time of such grant during which paragraph (a) of this section applied to him.

54 Allowances in certain special cases.

54.—(1) Where—

(a) a person ceased before the passing of this Act to be a servant of a local authority,

(b) the local authority had previously adopted Part III of the Act of 1948,

(c) the person was not, on such cesser, granted a superannuation allowance by the local authority,

(d) the local authority would, at the time of such cesser, have granted him an allowance under Part III of this Act if that Part had then been in operation in relation to them, and

(e) the person applies to the local authority for the benefits of this section,

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 grant to such person an allowance not exceeding the allowance referred to in paragraph (d) of this subsection.

(2) A grant under subsection (1) of this section shall have effect as from the receipt by the local authority of the application for the benefits of this section, but 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 make the grant with effect as from the passing of this Act.

PART V. Financial Provisions.

55 Local authority by whom payment is to be made.

55.—(1) Where—

(a) a lump sum, allowance or gratuity is granted under this Act by a local authority, or

(b) a local authority are required by this Act to make a refund,

the lump sum, allowance, gratuity or refund shall be paid—

(i) in case such local authority are a vocational education committee—by the local authority who pay under the Vocational Education Act, 1930 (No. 29 of 1930), the annual local contribution to the expenses of the committee,

(ii) in case such local authority are a committee of agriculture for a county—by the council of that county,

(iii) in case such local authority are a committee of a single local authority—by that single local authority,

(iv) in any other case—by such local authority.

(2) Where under this Act a local authority are required to refund any portion of a payment mentioned in subsection (1) of this section, the refund shall be made to the local authority by whom the payment was made under that subsection.

(3) A payment made by a local authority pursuant to subparagraph (i) of subsection (1) of this section shall not be reckoned for the purpose of any limitation on the amount of any annual local contribution payable by the local authority under the Vocational Education Act, 1930 (No. 29 of 1930), as amended by any subsequent enactment.

(4) There shall be paid out of moneys provided by the Oireachtas to a local authority paying any lump sum, allowance or gratuity granted under this Act by a vocational education committee, in aid of the rate or fund out of which the lump sum, allowance or gratuity is paid, one-half of every payment made by the local authority in respect of the lump sum, allowance or gratuity.

56 Area of charge of payment of local authority.

56.—(1) Subject to any order made under subsection (7) of section 10 of the Local Government Act, 1946 (No. 24 of 1946), as amended by section 50 of the Local Government Act, 1955 (No. 9 of 1955), a sum payable by a local authority under this Act in respect of a period during which a person was an officer or servant of such local authority shall be charged on the area on which the remuneration of such person would have been charged if he had continued to hold the same office or employment under such local authority.

(2) A sum payable by a local authority under this Act in respect of a period during which a person was an officer or servant of another local authority shall be charged on the area on which the expenses incurred by the first-mentioned local authority in supplying moneys to the other local authority are charged.

(3) Where a lump sum, allowance or gratuity is granted under this Act by a local authority to or in respect of an officer or servant and in computing the amount thereof a period of service under another local authority has been reckoned, the payment of the lump sum, allowance or gratuity by the first-mentioned local authority shall be regarded for the purposes of this section as solely in respect of service of such person under them.

57 Refunds in certain cases.

57.—(1) Where a lump sum, allowance or gratuity is paid under this Act to or in respect of any person by a local authority (in this section referred to as the paying authority) and, in determining the amount thereof, any period of service not under the paying authority (not being service referred to in subparagraph (ii) or (iii) of paragraph (g) of subsection (1) of section 11, paragraph (h) of subsection (1) of section 11 or paragraph (g) of subsection (1) of section 34 of this Act) has been reckoned, the appropriate authority shall refund to the paying authority a part of the lump sum, allowance or gratuity.

(2) In subsection (1) and the subsequent subsections of this section “the appropriate authority” means—

(a) in case the period of service not under the paying authority that has been reckoned was service in the civil service—the Minister for Finance,

(b) in case that period of service has been reckoned under subparagraph (i) of paragraph (g) of subsection (1) of section 11 of this Act—the Secondary Teachers' Superannuation Fund or the Primary Teachers' Superannuation Fund (as may be appropriate),

(c) in any other case—the body under whom was served the period of service not under the paying authority that has been reckoned.

(3) The part of the lump sum, allowance or gratuity referred to in subsection (1) of this section shall be determined as follows:

(a) in case the period of service not under this Act that has been reckoned was service in the civil service, it shall be determined by the Minister for Finance,

(b) in case that period of service has been reckoned under subparagraph (i) of paragraph (g) of subsection (1) of section 11 of this Act, it shall be determined by agreement between the paying authority and the appropriate authority or, in default of agreement, by the Minister with the consent of the Minister for Finance,

(c) in any other case, it shall be determined by agreement between the paying authority and the appropriate authority or, in default of agreement, by the Minister (after consultation, where the appropriate authority are a harbour authority, with the Minister for Industry and Commerce).

(4) Subsection (1) of this section shall not apply where the period of service not under the paying authority that has been reckoned is a period in respect of which contributions have been repaid under subsection (3) of section 25 or subsection (3) of section 45 of this Act.

(5) Where a lump sum, allowance or gratuity is paid to or in respect of any person under the Superannuation Acts or a marriage gratuity is granted by the Minister for Finance and, in determining the amount thereof, any period of service under a local authority has been reckoned, the local authority shall refund to the Minister for Finance such part of the lump sum, allowance or gratuity or of the marriage gratuity as the Minister for Finance may determine.

(6) For the purposes of subsection (1) and subsection (5) of this section—

(a) service under a committee of a local authority shall be deemed to have been service under that local authority, and

(b) service under a local authority who have ceased to exist shall be deemed to be service under the successor, as determined by the Minister, of that local authority.

(7) Notwithstanding the foregoing provisions of this section, two authorities may make and carry out an agreement that neither of them shall make refunds under those provisions to the other.

(8) Where service under a local authority capable of being reckoned under this Act is reckoned on the grant of any superannuation benefit by a mental hospital authority, harbour authority or body approved of for the purposes of paragraph (f) of subsection (1) of section 11 or paragraph (f) of subsection (1) of section 34 of this Act, the local authority may make the appropriate refunds to that authority or body.

(9) Payments made by the Minister for Finance under this section shall be made out of moneys provided by the Oireachtas.

58 Agreements in relation to contributions.

58.—Notwithstanding any other provision of this Act, a local authority and any other body (including a local authority) referred to in this Act may make and carry out an agreement that neither of them shall make to the other any repayments or recoupments in respect of contributions which would otherwise be proper to be made pursuant to this Act.

59 Recovery of payment by Minister of State.

59.—(1) Any sum which is required by this Act to be paid, repaid, returned or refunded by a person to a Minister of State may, without prejudice to its being recovered in any other manner, be recovered by deducting it in whole or in part from any money payable by any Minister of State for any purpose whatsoever to such person.

(2) The power to deduct under subsection (1) of this section shall be subject and without prejudice to the claims of the Guarantee Fund under the Land Purchase Acts.

PART VI. Miscellaneous.

60 General provision as to allowance being for life.

60.—Save as otherwise provided by this Act, an allowance granted under this Act shall be an allowance for the life of the person to whom it is granted.

61 Assignment of allowance, etc.

61.—(1) The following provisions shall have effect in relation to any payment (in this section referred to as the grant) payable under this Act by a local authority to any person (in this section referred to as the recipient), that is to say—

(a) every assignment of and charge on the grant and every agreement to assign or charge the grant shall, except so far as it is made for the benefit of the wife or husband or dependent relatives of the recipient, be void, and on the bankruptcy of the recipient the grant shall not be paid to any trustee or other person acting on behalf of the creditor;

(b) where any public assistance is given in pursuance of the Public Assistance Act, 1939 (No. 27 of 1939), to the recipient or to anyone whom he is liable under that Act to maintain, the local authority may pay the whole or any part of the grant to the public assistance authority giving the assistance, and so much of the grant as is so paid may be applied in repayment of any sums expended on such assistance and, subject thereto, shall be paid or applied by the public assistance authority to or for the benefit of the recipient;

(c) if the recipient neglects to maintain any person whom he is liable to maintain, the local authority may in their discretion pay or apply the whole or any part of the grant to or for the benefit of that person;

(d) if the recipient appears to the local authority to be of unsound mind or otherwise incapacitated to act, they may pay so much of the grant as they think fit to the institution or person having the care of the recipient, and may pay the surplus (if any) or such part thereof as they think fit for or towards the maintenance and benefit of the wife or husband or dependent relatives of the recipient;

(e) if the recipient or the officer or servant in respect of whom the grant is payable has died and a sum not exceeding one hundred pounds is due on account of the grant, probate or other proof of title of the personal representatives of the deceased may, if the local authority so think fit, be dispensed with and the sum may be paid or distributed to or among the persons appearing to the local authority to be beneficially entitled to the personal estate of the deceased, or to or among any one or more of those persons, or, in the case of the illegitimacy of the deceased, to or among such persons as the local authority think fit, and the local authority and any of their officers making the payment shall be discharged from all liability as respects any such payment or distribution;

(f) any sum payable to a minor on account of the grant may be paid either to the minor or to such person and on such conditions for the benefit of the minor as the local authority think fit;

(g) where the payment is made to any person by the local authority in pursuance of this section the receipt of that person shall be a good discharge for the sum paid.

(2) A local authority may, for any purpose relating to payments made pursuant to this section, require the making of such declarations as they consider necessary, and a person to whom any such payment may be made shall not be entitled to receive such payment if he fails to make any declaration which he is required as aforesaid to make.

(3) Any person who makes a wilful misstatement of material fact in any such declaration shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or to imprisonment for any term not exceeding three months.

62 Suspension or reduction of allowance.

62.—(1) (a) Where a person to whom an allowance is payable under this Act by a local authority receives any payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) from a local authority or mental hospital board or out of moneys provided by the Oireachtas for services rendered (being services rendered as an officer or servant, as a mental hospital officer or servant or as a teacher or being services which are paid for by fees in the nature of salary), no more of the allowance shall be paid to him in any year than so much as, with the said payment, equals the remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of the former office or employment.

(b) Paragraph (a) of this subsection shall not apply where the services are rendered in an office or employment held concurrently with the office or employment in respect of which the allowance was granted.

(2) Where a person to whom an allowance is payable under this Act by a local authority receives payment by the local authority of compensation under the Workmen's Compensation Acts, 1934 to 1955, no more of the allowance shall be paid to him in any year than so much as, taking the said payment into account, equals five-sixths of the remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of the position in respect of which the allowance was granted.

(3) A local authority paying an allowance to a person to whom subsection (1) or (2) of this section applies may from time to time, as may appear proper to them for the purpose of giving effect to subsection (1) or (2) of this section, suspend, abate or reduce or otherwise adjust the payments made or to be made by them in respect of the allowance.

(4) If and so long as, pursuant to this section, an allowance is not paid, any refund of part of such allowance payable under this Act shall also not be paid.

(5) If and so long as, pursuant to this section, the amount payable in respect of an allowance is abated or reduced, any refund of part of such allowance payable under this Act shall also be reduced proportionately.

(6) Notwithstanding the foregoing provisions of this section, where an allowance payable under this Act—

(a) was granted to a person in a case in which—

(i) he was removed or discharged from his position under a local authority for a reason other than misconduct or unfitness, or

(ii) his position under a local authority was abolished, or

(iii) his position was materially altered to his detriment by changes in its conditions made without reasonable cause and he resigned his position under a local authority, and

(b) but for this subsection the allowance would be affected by a suspension, abatement or reduction referable to an increase of payment for services rendered that is granted to compensate for increases, since the allowance was granted, in the cost of living,

such suspension, abatement or reduction shall not be made.

63 Ascertainment of continuance of infirmity.

63.—(1) Where an allowance is granted under this Act by a local authority to a person who is under the age specified for that allowance in subsection (2) of this section on the ground that he is incapable of performing his duties by reason of permanent infirmity of mind or body, the following provisions shall have effect:

(a) such local authority shall, until such person reaches the said age, ascertain from time to time whether his infirmity continues and, for that purpose, may, if they think fit, arrange for medical examinations and require him to submit himself thereto;

(b) if such person fails wilfully or refuses to submit himself to any such medical examination, the allowance payable to him by virtue of the grant (together with, in case he is married and any allowance is payable under section 51 of this Act to his wife by reference to the grant, that allowance) shall cease to be paid;

(c) if not less than two registered medical practitioners nominated by such local authority certify that such person's infirmity has ceased and he has been offered a pensionable office or employment under a local authority of a kind similar to his former office or employment and at a rate of remuneration not less than that at which he was paid immediately before he ceased to hold his former office or employment, the allowance payable to him by virtue of the grant (together with, in case he is married and any allowance is payable under section 51 of this Act to his wife by reference to the grant, that allowance) shall cease to be paid.

(2) The age referred to in subsection (1) of this section is—

(a) for an allowance granted to a fire brigade officer or servant—fifty-five years,

(b) for any other allowance—sixty years.

(3) If a person to whom an allowance was granted in respect of a period of pensionable local service for the purposes of Part II or Part III of this Act is offered in pursuance of paragraph (c) of subsection (1) of this section a new office or employment and accepts it, the following provisions shall have effect on his ceasing to hold the new office or employment:

(a) for the purposes of paragraph (b) of subsection (1) of section 10 or paragraph (a) of section 33 of this Act, such period shall be regarded as not being a period in respect of which he has received a lump sum or allowance;

(b) any lump sum granted to him under Part II of this Act or any gratuity granted to him or his legal personal representative under Part II or Part III of this Act shall be reduced by the amount of the lump sum (if any) granted to him with the allowance;

(c) such period shall be regarded as continuous with his period of service in the new office or employment and the period during which he was in receipt of the allowance shall be disregarded.

(4) Any dispute between a local authority and a person as to whether a new office or employment offered to such person is, for the purposes of paragraph (c) of subsection (1) of this section, of a kind similar to his former office or employment shall be decided by the appropriate Minister.

(5) An officer shall be as qualified to hold an office offered to him pursuant to this section as he would have been if his service had not been broken by the period during which he was in receipt of the allowance.

64 Cancellation of allowance on conviction of offence.

64.—(1) Where a person who is convicted on indictment of any offence and is sentenced to penal servitude or to any term of imprisonment with hard labour or exceeding twelve months is, at the time of the conviction, in receipt of an allowance granted under this Act by a local authority, the allowance shall thereupon stand cancelled and cease to be payable.

(2) Where a conviction which results in the cancellation under this section of an allowance is quashed or annulled or the convicted person is granted a free pardon, the cancellation shall be annulled, in the case of a quashing or annulment, as from the date of the conviction and, in the case of a free pardon, as from the date of the pardon.

(3) Where any allowance has been cancelled under this section, the local authority by whom the allowance was granted, if they so think proper, may, with the consent of the Minister, restore the allowance either in whole or in part.

65 Particulars of benefits in advance of retirement.

65.—(1) Where an officer or servant of a local authority intends to retire from his office or employment on a particular date, he may, not later than six months and not earlier than twelve months before that date, give to the local authority notice in writing stating—

(a) that he intends to retire on that date,

(b) the reasons for which he intends to retire;

(c) that he wishes to be given particulars of his benefits on retirement.

(2) Where an officer or servant gives to a local authority a notice under this section stating that he wishes to be given particulars of his benefits on retirement, the local authority shall within two months give to the officer or servant a statement showing—

(a) whether they intend on such retirement to exercise any power given to them by this Act to grant to him any lump sum, allowance or gratuity or to return to him any contributions or to add any period to his service or toreduce the amount of any lump sum or allowance to which he may be entitled,

(b) where they intend to exercise any power such as is mentioned in paragraph (a) of this subsection, particulars of the manner in which they intend to exercise the power,

(c) the amount of every (if any) lump sum, allowance or gratuity or return of contributions to which, in their opinion having regard to their intentions stated in pursuance of paragraphs (a) and (b) of this subsection, he will be entitled on such retirement.

(3) The provisions of section 66 of this Act shall apply in relation to a statement of intentions given by a local authority under paragraph (a) or (b) of subsection (2) of this section as if the contemplated retirement to which the statement relates had taken place and as if such intentions were decisions taken by the local authority on the date when the statement was given.

(4) Where in a case in which there has been an appeal by virtue of subsection (3) of this section—

(a) the intended retirement of the officer or servant referred to in the notice under subsection (1) of this section takes place on the date mentioned and for the reasons stated in the notice, and

(b) the intentions of the local authority shown in the statement given to him in pursuance of paragraphs (a) and (b) of subsection (2) of this section, or, if those intentions have been varied on the appeal, those intentions as so varied, are implemented,

the said intentions, as implemented, shall not then be subject to any appeal.

66 Appeals to the Minister.

66.—(1) Where a person is aggrieved by the failure or refusal of a local authority to grant under this Act a lump sum, allowance or gratuity or to return under this Act contributions, he may appeal to the Minister against such failure or refusal.

(2) Where a person is aggrieved by the amount of any lump sum, allowance or gratuity granted by a local authority under this Act, he may appeal to the Minister against such amount.

(3) An appeal under this section by a person against a failure to make a grant or return of contributions shall be brought not later than eight months after the circumstances arose which he alleges required the local authority to make the grant or return of contributions and any other appeal under this section shall be brought not later than six months after the decision appealed from has been notified to the appellant.

(4) On an appeal under this section, the Minister may either refuse the appeal or make such provisions as should in his opinion have been made by the local authority, and any provisions so made by the Minister shall have effect as if made by the local authority.

67 Officer or servant of local authority becoming civil servant.

67.—(1) Where a pensionable officer or pensionable servant (being a pensionable servant having not less than ten years of pensionable local service) of a local authority is appointed to an established position in the civil service, his pensionable local service (exclusive of any such service such as is referred to in paragraph (f) of subsection (1) of section 11 or paragraph (f) of subsection (1) of section 34 of this Act) shall be deemed for the purposes of the Superannuation Acts to be service by him in an established position in the civil service.

(2) Where, under the Superannuation Acts and under the enactments (including this Act) relating to the grant of superannuation and compensation for loss of office to officers or servants of local authorities, the benefits accruing or the conditions qualifying persons for benefit are different, the Minister for Finance may determine that specified modifications corresponding to that difference shall be made for any particular case to which subsection (1) of this section applies in any amount to be granted under the Superannuation Acts, and the modifications so determined shall be made accordingly.

68 Repayment of contributions under Act of 1948.

68.—Where—

(a) a person holds a position service in which is capable of being reckoned under this Act, and

(b) before the commencement of this Part of this Act, contributions were returned to him by a local authority under the Act of 1948,

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.

69 Return of contributions (Cork Corporation).

69.—(1) Where—

(a) the name of a person was entered under section 63 of the Act of 1948 in the register maintained by the Lord Mayor, Aldermen and Burgesses of Cork under section 38 of that Act, and

(b) contributions under that Act in respect of him have been paid to that Corporation and, at the passing of this Act, such contributions stand not returned to him,

that Corporation shall pay such contributions to him or, if he has died, to his legal personal representative.

(2) A payment required by subsection (1) of this section shall be made—

(a) in case the person in question is not in the service of the Lord Mayor, Aldermen and Burgesses of Cork at the passing of this Act, within the period of two months beginning on such passing, and,

(b) in any other case, within a period to be fixed by that Corporation by resolution.

(3) The passing of a resolution under this section shall be a reserved function for the purposes of the Cork City Management Acts, 1929 to 1955.

70 Repayment of gratuity.

70.—(1) Where a person, having been granted a gratuity by a local authority, subsequently 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 such gratuity and, if he does repay it—

(a) notwithstanding any other provision, the period in respect of which such gratuity was granted shall be regarded as not being a period in respect of which he has received a gratuity, and

(b) in case any other body recouped any part of it, the local authority shall make the appropriate repayment to such other body.

(2) Where—

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

(b) the case is one in which the gratuity was 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.

71 Provisions in relation to Act of 1948.

71.—(1) On and after the commencement of Part II of this Act, every register maintained under Part II of the Act of 1948 shall cease to be maintained and, accordingly, every person who, immediately before such commencement was an established officer within the meaning of the Act of 1948 shall, on and after such commencement, be regarded as having ceased to be such an established officer.

(2) On and after the 1st day of April next after the passing of this Act, every register maintained under Part III of the Act of 1948 shall cease to be maintained and, accordingly, every person who, immediately before that day, was an established servant within the meaning of the Act of 1948 shall, on and after that day, be regarded as having ceased to be such an established servant.

(3) Section 66 of the Act of 1948 shall have effect as if it contained a provision that, notwithstanding any other provision of the section, any two authorities referred to in the section may make and carry out an agreement that neither of them shall make refunds to the other under the section.

(4) Subsection (3) of section 69 of the Act of 1948 shall have effect as if the reference to paragraph (a) of section 13 of the Act of 1948 included a reference to paragraph (b) of subsection (1) of section 10 of this Act and the reference to paragraph (a) of section 42 of the Act of 1948 included a reference to paragraph (a) of section 33 of this Act.

(5) The following subsection shall be added to section 69 of the Act of 1948:

“(5) An officer shall be as qualified to hold an office offered to him pursuant to this section as he would have been if his service had not been broken by the period during which he was in receipt of the allowance.”

(6) No decision shall be made by the Minister under section 70 of the Act of 1948 after the passing of this Act except in cases referred to him for decision before such passing.

(7) Regulations shall not be made by the Minister under section 72 of the Act of 1948 after the passing of this Act.

(8) The following subsection is hereby substituted for subsection (1) of section 75 of the Act of 1948:

“(1) (a) Where a person to whom an allowance is payable under this or any previous Act by a local authority or mental hospital board receives any payment (inclusive of the money value of emoluments, if any) from a local authority or mental hospital board or out of moneys provided by the Oireachtas for services rendered (being services rendered as an officer or servant, as a mental hospital officer or servant or as a teacher or being services which are paid for by fees in the nature of salary), no more of the allowance shall be paid to him in any year than so much as, with the said payment, equals the remuneration (inclusive of the money value of the emoluments, if any) of the former office or employment.

(b) Paragraph (a) of this subsection shall not apply where the services are rendered in an office or employment held concurrently with the office or employment in respect of which the allowance was granted.”

(9) The following subsection shall be added to section 75 of the Act of 1948:

“(5) Notwithstanding the foregoing provisions of this section, where an allowance payable under this or any previous Act—

(a) was granted to a person in a case in which—

(i) he was removed or discharged from his position under a local authority for a reason other than misconduct or unfitness, or

(ii) his position under a local authority was abolished, or

(iii) his position was materially altered to his detriment by changes in its conditions made without reasonable cause and he resigned his position under a local authority, and

(b) but for this subsection the allowance would be affected by a suspension, abatement or reduction referable to an increase of payment for services rendered that is granted to compensate for increases, since the allowance was granted, in the cost of living,

such suspension, abatement or reduction shall not be made.”

(10) Where, on the passing of the Act of 1948, an allowance, which immediately before such passing stood not affected by section 49 of the Act of 1925, became an allowance proper to be affected by section 75 of the Act of 1948, the said section 75 shall be deemed never to have applied in relation to the allowance.

(11) The following subsections are hereby substituted for subsections (2) and (3) of section 76 of the Act of 1948:

“(2) A local authority may, for any purpose relating to payments made pursuant to this section, require the making of such declarations as they consider necessary, and a person to whom any such payment may be made shall not be entitled to receive such payment if he fails to make any declaration which he is required as aforesaid to make.

(3) Any person who makes a wilful misstatement of material fact in any such declaration shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or to imprisonment for any term not exceeding three months.”

(12) No grant shall be made under section 77 of the Act of 1948 after the passing of this Act except in cases in which the injury occurred before such passing.

(13) No notice shall be given under section 78 of the Act of 1948 after the passing of this Act.

(14) Subsection (1) of section 82 of the Act of 1948 shall, in the case of a person who was appointed to an established position in the civil service before the passing of this Act, be construed as if it had been enacted without the word “established” where that word occurs firstly and without the words “who has not less than ten years of pensionable local service and”.

(15) No determinations shall be made under section 83 of the Act of 1948 after the passing of this Act and the section shall have effect as if it contained a provision that, notwithstanding any other provision of the section, the Minister for Finance and a local authority may make and carry out an agreement that no refunds under the section shall be made to that local authority.