Local, Government (Superannuation) Act, 1948

Application of Part IV of the Act of 1925 to certain permanent servants.

88.—(1) Part IV of the Act of 1925 shall apply in relation to a permanent servant of a local body in relation to whom Part III of this Act has come into operation (not being a local body to whom section 53 of the Act of 1925 applies) who, on the day on which the said Part III came into operation in relation to such body, was sixty years of age or more, or in the case of a fire brigade servant, was fifty-five years of age or more, as if his employment were a pensionable office, and for the purposes of the said application—

(a) the word “salary” shall include wages,

(b) in calculating his service when his employment ceases, only his continuous service under such local body shall be reckoned.

(2) Part IV of the Act of 1925 shall, subject to the subsequent subsections of this section, apply in relation to a permanent servant of a vocational education committee in relation to whom Part III of this Act has come into operation who, on the day on which the said Part III came into operation in relation to such committee, was sixty years of age or more as if his employment were a pensionable office, and for the purposes of the said application—

(a) the word “salary” shall include wages,

(b) in calculating his service when his employment ceases, only his continuous service under such committee or any body of whom such committee were the successors shall be reckoned.

(3) Section 50 of the Act of 1925 shall not apply in respect of vocational education committees and their servants referred to in subsection (2) of this section, and in lieu thereof it is hereby enacted that every sum payable under Part IV of the Act of 1925 as applied by this section in respect of an allowance or gratuity granted thereunder to a person who was previously a servant of a vocational education committee shall be paid by the local authority who under the Vocational Education Act, 1930 (No. 29 of 1930), pays the annual local contribution to the expenses of such committee and shall be raised by means of the same rate and be paid out of the same fund and be charged on the same area as such annual local contribution is raised by means of, paid out of and charged upon, but no such sum shall be reckoned for the purposes of any enactment limiting the amount of such rate.

(4) There shall be paid out of moneys provided by the Oireachtas to a local authority paying any allowance or gratuity in pursuance of subsection (3) of this section, in aid of the rate or fund out of which the allowance or gratuity is so paid, one-half of every payment made by the local authority in respect of the allowance or gratuity.