Civil Service (Transferred Officers) Compensation Act, 1929
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Suspension of compensation in certain cases. |
16.—(1) Whenever a transferred officer to whom compensation under Article 10 of the Treaty has been granted (whether before or after the passing of this Act) is employed in any situation in a public department whether such employment commenced before or after the passing of this Act— | |
(a) such compensation shall not be payable in respect of any period whether prior or subsequent to the passing of this Act during which the remuneration of such transferred officer in such employment is equal to or greater than his remuneration in his former office, and | ||
(b) so much of such compensation shall be payable in respect of any period whether prior or subsequent to the passing of this Act during which the remuneration of such transferred officer in such employment is less than his remuneration in his former office as with his remuneration in such employment will amount to his remuneration in his former office. | ||
(2) Nothing in this section shall operate to confer a right of repayment or recoupment of any moneys paid before the passing of this Act which would not have been payable if this section had been in force at the time of such payment. | ||
(3) In this section— | ||
the word “compensation” shall be construed as referring only to compensation in so far as it consists of an annual or other periodic allowance; | ||
the expression “situation in a public department” includes— | ||
(a) any situation which is remunerated wholly or partly out of moneys (other than a single grant or occasional grants not renewed from year to year) provided by the Oireachtas or by the Parliament of the United Kingdom of Great Britain and Northern Ireland or by the Parliament of Northern Ireland, and | ||
(b) any situation in Saorstát Eireann, Great Britain, or Northern Ireland which is a public office within the meaning of the Superannuation Act, 1892, or any enactment amending the same, and | ||
(c) any situation in or under or as a paid member of the Currency Commission, the Electricity Supply Board, or the Agricultural Credit Corporation, Limited, and | ||
(d) any situation in or under or as a paid member of a board or body established by or under the authority of an Act of the Oireachtas passed after the date of the Agreement set forth in the First Schedule to this Act which the Minister shall by order declare to be a public department for the purposes of this section; and | ||
the expression “former office” means the office on account of retirement or discharge from which the compensation was granted and references to remuneration of a transferred officer in a former office shall be construed as references to the remuneration of such officer immediately before his retirement or discharge in the office then held by him. |