Local Government (Superannuation) Act, 1956
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Transitional provisions (Part III). |
48.—(1) In the case of a local authority in relation to whom this Part of this Act came into operation pursuant to subsection (1) of section 5 of this Act, there shall be entered in the register as from the commencement of this Part of this Act in relation to the local authority— | |
(a) the name of every person whose name stood entered in the former register immediately before the commencement of this Part of this Act in relation to the local authority, and | ||
(b) the name of every person, not being a person referred to in paragraph (a) of this subsection, as respects whom the following conditions are fulfilled: | ||
(i) during any local financial year being a local financial year which ended before the commencement of this Part of this Act in relation to the local authority and which began on or after the 1st day of April in the completed local financial year which immediately preceded the commencement of Part III of the Act of 1948 in relation to the local authority, he had two hundred or more service days, and | ||
(ii) at the commencement of this Part of this Act in relation to the local authority, either he is a servant of the local authority or they intend again to take him into their employment as a servant. | ||
In this subsection “the former register” means such register as was maintained by the local authority, before the commencement of this Part of this Act in relation to them, under section 38 of the Act of 1948. | ||
(2) Where a person registered under this section by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin had a period of service as a servant or officer of Irish Enterprises Ltd. or any of its predecessors, he shall be entitled to reckon that period as service. | ||
(3) Where, as respects any service day of a person in relation to a local authority between the commencement in relation to them of Part III of the Act of 1948 and the commencement in relation to them of this Part of this Act (other than a service day of a person whose name was entered pursuant to subsection (1) or subsection (2) of section 63 of the Act of 1948 in the register maintained by a local authority under section 38 of that Act, which occurred between the commencement in relation to the local authority of Part III of that Act and the time when his name was so entered), no contributions were contributed by him to the local authority— | ||
(a) the service day shall not be reckoned as such unless he makes to the local authority in respect of the service day such contributions as would have been contributed by him under this Part of this Act if, on the service day, it had been in operation in relation to the local authority and he had been a pensionable servant, and | ||
(b) subsections (2) and (3) of section 43 of this Act shall have effect in relation to the contributions under this subsection in like manner as they apply in relation to contributions under that section. | ||
(4) Subsection (3) of this section shall not apply in relation to— | ||
(a) a person who was disqualified for making an application under subsection (1) of section 63 of the Act of 1948 on account of paragraph (b) of that subsection, | ||
(b) a person who was disqualified for making an application under subsection (2) of the said section 63 on account of paragraph (b) of that subsection, or | ||
(c) a person to whom subsection (5) of this section applies. | ||
(5) No contribution under section 43 of this Act shall be required from— | ||
(a) a person referred to in subsection (5) of section 63 of the Act of 1948, | ||
(b) a person to whom that subsection would have applied at the commencement of this Part of this Act if he had made an application under subsection (1) or subsection (2) of the said section 63, | ||
(c) a person who, on the commencement of Part III of the Act of 1948 in relation to the Lord Mayor, Aldermen and Burgesses of Cork, could have made an application to that Corporation under subsection (1) or subsection (2) of the said section 63, | ||
(d) a person— | ||
(i) who, on the commencement of Part III of the Act of 1948 in relation to the local authority, was disqualified for making an application under subsection (1) of section 63 of the Act of 1948 on account of paragraph (b) of the said subsection (1) or disqualified for making an application under subsection (2) of the said section 63 on account of paragraph (b) of the said subsection (2), and | ||
(ii) whose continuous service ending on the commencement of this Part of this Act began before the commencement of Part III of the Act of 1948. | ||
(6) For the purposes of paragraph (b) and paragraph (c) of subsection (5) of this section, if the person in question was, at the commencement of Part III of the Act of 1948 in relation to the local authority, disqualified for making an application under subsection (1) of section 63 of the Act of 1948 on account of paragraph (b) of the said subsection (1) or disqualified for making an application under subsection (2) of the said section 63 on account of paragraph (b) of the said subsection (2), that fact shall be disregarded. | ||
(7) The exemption under paragraph (d) of subsection (5) of this section shall continue so long only as the service of the person from the commencement of this Part of this Act is continuous. | ||
(8) No contribution under section 43 of this Act shall be required from a person who, immediately before he became a pensionable servant, was a person to whom subsection (6), (7) or (8) of section 28 of this Act applied during a continuous period of service after becoming a pensionable servant. |