Mental Treatment Act, 1945

Civil Servant becoming officer or servant.

89.—(1) Where—

(a) an officer or servant of a mental hospital authority was, immediately before the commencement of this Part of this Act, paying contributions under the Act of 1909, and

(b) such officer or servant began to pay such contributions before reaching the age of fifty-five years, and

(c) such officer or servant held, immediately before beginning to pay such contributions, an established position in the civil service of the State the duties of which related to the same matters as the duties of the office or employment in respect of which he was paying such contributions,

the service of such officer or servant in such established position shall, if he has not received compensation for the loss thereof, be regarded for the purposes of this Part of this Act as service under a mental hospital authority.

(2) Where a person holding an established position in the civil service of the State becomes an officer or servant of a mental hospital authority the duties of whose office or employment relate to the same matters as the duties of such established position, the service of such person in such established position shall, if he has not received compensation for the loss thereof, be regarded for the purposes of this Part of this Act as service under a mental hospital authority.

(3) Where the superannuation benefits or the conditions qualifying a person for superannuation are not the same in the case of a civil servant and an officer or servant of a mental hospital authority, the Minister for Finance may determine what modifications (if any) corresponding to the difference between the said respective benefits or conditions shall be made in any amount which, in any particular case, is granted under this Part of this Act in accordance with this section.

(4) Where any payment is made by a mental hospital authority to any person in accordance with this section, the Minister for Finance may make such contribution to the payment as he considers reasonable out of moneys provided by the Oireachtas and shall pay the contribution to such authority.