Local, Government (Superannuation) Act, 1948
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Transitional provisions for Part III. |
63.—(1) Where— | |
(a) on the commencement in relation to a local authority of this Part of this Act a person is a permanent servant of the local authority, and | ||
(b) he has not then reached— | ||
(i) in case he is a fire brigade servant, the age of fifty-five years, or | ||
(ii) in any other case, the age of sixty years, and | ||
(c) the continuous period ending at such commencement during which he was a permanent servant of the local authority is three years or more, | ||
he may, within but not later than six months after such commencement, apply in writing to the local authority to enter his name in the register and thereupon the local authority shall enter his name in the register and the entry shall have effect as if it had been made on such commencement, but his liability (if any) to make contributions under this Part of this Act shall commence at the time when his name is entered in the register. | ||
(2) Where— | ||
(a) on the commencement in relation to a local authority of this Part of this Act a person is a permanent servant of a local authority, and | ||
(b) he has not then reached— | ||
(i) in case he is a fire-brigade servant, the age of fifty-five years, or | ||
(ii) in any other case, the age of sixty years, and | ||
(c) the continuous period ending at such commencement during which he was a permanent servant of the local authority is less than three years, and | ||
(d) he continues to be a permanent servant of the local authority until a time when the continuous period ending at that time during which he was a permanent servant of the local authority is three years, | ||
he may, within but not later than six months after that time, apply in writing to the local authority to enter his name in the register and thereupon the local authority shall enter his name in the register and the entry shall have effect as if it had been made at such commencement, but his liability (if any) to make contributions under this Part of this Act shall commence at the time when his name is entered in the register. | ||
(3) Where, on the commencement in relation to a local authority of this Part of this Act, a person is a permanent servant of the local authority, his name shall not be entered in the register of any local authority unless the entry is made under this section or it is made after his name has been entered under this section. | ||
(4) A person whose name is entered under this section in the register of a local authority shall be entitled to reckon as service any period before the commencement in relation to the local authority of this Part of this Act during which he was a permanent servant of the local authority or of any body whose powers and duties were transferred to the local authority, except any such period in any year which was a year wholly before such commencement, which began on the day on which he first became such servant or on any anniversary of that day, and during which he did not work for such local authority or body as a permanent servant on two hundred days or more. | ||
(5) No contribution shall be required under section 56 of this Act— | ||
(a) from an established servant of a corporation of a county borough who was a servant of that corporation immediately before the commencement in relation to them of this Part of this Act and was then registered in a register of permanent employees then maintained by them, | ||
(b) from an established servant of the corporation of the borough of Dun Laoghaire who was a servant of that corporation immediately before the commencement in relation to them of this Part of this Act and was then registered by them in a register of permanent employees then maintained by them, | ||
(c) from an established servant of the City of Dublin Vocational Education Committee who was a servant of that committee immediately before the commencement in relation to them of this Part of this Act and who, on the 14th day of November, 1930, was a person to whom section 53 of the Act of 1925 applied. | ||
(6) Where— | ||
(a) a person died on or after the 1st day of January, 1947, and before the commencement in relation to the corporation of a county borough or the borough of Dun Laoghaire or the City of Dublin Vocational Education Committee of this Part of this Act, | ||
(b) such person was, immediately before his death, a servant of such corporation then registered in a register of permanent employees then maintained by them or a servant of such Committee, who on the 14th day of November, 1930, was a person to whom section 53 of the Act of 1925 applied, and | ||
(c) such person, if he had not died and if he had remained in the service of such corporation or Committee, could have applied to have his name entered under subsection (1) of this section, | ||
such corporation or Committee of which he was a servant shall have power, which shall be exercisable at their discretion and as respects which, notwithstanding any other provision of this Act, there shall be no appeal, to grant under section 53 of this Act the like gratuity (if any) as if this Part of the Act had commenced in relation to them immediately before the death of such person and his name then stood entered under subsection (1) of this section. | ||
(7) The provisions of this section shall have effect notwithstanding any other provision of this Part of this Act. |