Local, Government (Superannuation) Act, 1948

Provisions with respect to certain absences from employment.

61.—(1) Where, in the case of any application as respects a servant of a local authority of the provisions of subsection (2) of section 38 or of paragraph (c) of subsection (1) or paragraphs (c) and (d) of subsection (2) of section 63 of this Act, it is ascertained that an absence on the part of the servant from his employment with the local authority occurred during any of the relevant three years on account of his illness, the temporary cessation of the work on which he was employed, the temporary reduction of the weekly quantity of such work or any other temporary cause not due to his act or default, he shall be regarded for the purposes of the said provisions as having been a permanent servant of the local authority during the absence if, but only if, the following conditions are complied with, that is to say:—

(a) at the end of the absence, or, where the absence continued after the end of the said year, at the end of the absence as so continued, he returned to the employment of the local authority,

(b) the absence did not exceed sixty days,

(c) in case the absence was one of two or more such absences occurring in the said year, the aggregate of such absences did not exceed sixty days.

(2) Where, in the case of any application as respects a servant of a local authority who is a member of the Reserve Force of the Defence Forces of the provisions of subsection (2) of section 38 or of paragraph (c) of subsection (1) or paragraphs (c) and (d) of sub-section (2) of section 63 of this Act, it is ascertained that an absence on the part of the servant from his employment with the local authority occurred during the relevant three years on account of his attending and performing his duty as a member of such Reserve Force, he shall be regarded for the purpose of the said provisions as having been a permanent servant of the local authority during the absence.