Local, Government (Superannuation) Act, 1948

Special provisions for certain cases.

84.—(1) Where, as respects a person who is a pensionable officer of a local authority on the passing of this Act, the following conditions are complied with, that is to say:

(a) immediately before he was appointed to be such officer, he held an established position in the civil service of Saorstát Eireann for a period,

(b) immediately before the period mentioned in paragraph (a) of this subsection, he held an established position in the civil service of the Provisional Government for a period,

(c) immediately before the period mentioned in paragraph (b) of this subsection, he held an established position in the civil service of Dáil Eireann for a period,

(d) immediately before the period mentioned in paragraph (c) of this subsection, he was a pensionable officer of a local authority for a period,

all the said periods may be aggregated and deemed to be service for the purposes of any Act (including this Act) relating to superannuation of officers of local authorities and applying to such person.

(2) Where, as respects a person who holds an established position in the Civil Service of the Government on the passing of this Act, the following conditions are complied with, that is to say:—

(a) immediately before he commenced to hold such position, he held an established position in the civil service of Saorstát Éireann for a period,

(b) immediately before the period mentioned in paragraph (a) of this subsection, he held a temporary position in the civil service of Saorstát Éireann for a period,

(c) before the period mentioned in paragraph (b) of this sub-section, he was a pensionable officer of a local authority for a period,

the periods mentioned in paragraphs (a) and (c) of this subsection may be aggregated and deemed to be service for the purposes of the Superannuation Acts as applying to such person.

(3) Where, as respects a person who holds an established position in the civil service of the Government on the passing of this Act, the following conditions are complied with, that is to say:

(a) immediately before he commenced to hold such position he held an established position in the civil service of Saorstát Eireann for a period,

(b) immediately before the period mentioned in paragraph (a) of this subsection, he held an established position in the civil service of the Provisional Government for a period,

(c) immediately before the period mentioned in paragraph (b) of this subsection, he held an established position in the civil service of Dáil Eireann for a period,

(d) immediately before the period mentioned in paragraph (c) of this subsection, he was a pensionable officer of a local authority for a period,

all the said periods may be aggregated and deemed to be service for the purposes of the Superannuation Acts as applying to such person.

(4) Where, as respects a person who holds an established position in the civil service of the Government on the passing of this Act, the following conditions are complied with, that is to say:

(a) immediately before he commenced to hold such situation, he held an established position in the civil service of Saorstát Éireann for a period,

(b) immediately before the period mentioned in paragraph (a) of this subsection, he was a pensionable officer of a local authority for a period,

(c) immediately before the period mentioned in paragraph (b) of this subsection, he held an established position in the civil service of Saorstát Éireann for a period,

all the said periods may be aggregated and deemed to be service for the purposes of the Superannuation Acts as applying to such person.

(5) 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 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 (3) or subsection (4) of this section applies in any amount to be granted under the Superannuation Acts, and the modifications so determined shall be made accordingly.

(6) Where an allowance, lump sum, or gratuity is paid to or in respect of a person under the Superannuation Acts by virtue of this section, the Minister for Finance may determine what part or parts of the payment shall be borne in accordance with subsection (7) of this section.

(7) Where the Minister for Finance determines under subsection (6) of this section that part or parts of a payment to or in respect of a person shall be borne in accordance with this sub-section—

(a) the Minister shall determine whether such part or parts shall be borne by one local authority of which such person was an officer or by two or more local authorities of each of which such person was an officer,

(b) if the Minister determines that such part or parts shall be borne by one local authority, that local authority shall pay to the Minister the amount of such part or parts,

(c) if the Minister determines that such part or parts shall be borne by two or more local authorities, he shall also determine the amount to be borne by each such local authority and that local authority shall pay that amount to the Minister,

(d) any amount paid to the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in accordance with the direction of the Minister for Finance.