Local, Government (Superannuation) Act, 1948
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General limitations on service to be reckoned by established servant. |
42.—(1) A provision of this Part of this Act entitling an established servant to reckon as service any period shall be subject to the overriding qualification that he shall not be entitled so to reckon any of the following:— | |
(a) any period in respect of which he has already received a lump sum, an allowance or a gratuity under this or any other Act relating to superannuation or under any scheme relating to superannuation made under any Act, | ||
(b) any period before he reached the age of eighteen years, | ||
(c) any period during which his name remains on the register on account of paragraph (a) of subsection (2) of section 40 of this Act, | ||
(d) any period in respect of which any contributions have been returned to him under section 57 of this Act, | ||
(e) any period in respect of which any contributions have been returned to him under section 32 of this Act, unless he has repaid such contributions under section 33 of this Act, | ||
(f) any period before a date on which he was discharged from his employment under a local authority for misconduct or for unfitness, | ||
(g) any period before a date on which he deliberately absents himself from the place where he performs his duties or refrains from performing his duties with the purpose of inducing the local authority of which he is a servant to alter his wages or conditions of service or of inducing any other local authority to alter the salaries, wages or conditions of service of any of their officers or servants; | ||
(h) any period in any year which is a year beginning on the day on which he first became such servant or any anniversary of that day and during which he did not work for a local authority as a permanent servant on two hundred days or more. | ||
(2) Where a period of service of a servant of a local authority has, having regard to paragraph (g) of subsection (1) of this section become forfeited— | ||
(a) the local authority shall give notice in writing of the forfeiture to the servant, | ||
(b) the servant may, not later than one month after such notice has been given to him, appeal to the appropriate Minister against the forfeiture, | ||
(c) the appropriate Minister may by order either refuse the appeal or declare that all or part of the period of service shall be restored and, in the latter case, the said paragraph (g) shall have effect subject to the declaration, | ||
(d) the decision of the appropriate Minister on the appeal shall be final. |