Electricity (Supply) (Amendment) Act, 1949

Superannuation of certain persons formerly employed by local bodies.

9.—(1) In this section—

the expression “local body” has the same meaning as it has in Part IV of the Local Government Act, 1925 (No. 5 of 1925);

the expression “authorised undertaker” and the word “undertaking” have the same meanings respectively as they have in the Act of 1927;

the expression “former undertaker” means a local body which was an authorised undertaker whose undertaking was acquired by the Board under the Act of 1927;

the expression “the appropriate superannuation scheme” means, in relation to a person to whom this section applies, the superannuation scheme under the Superannuation Act of 1942 which would apply to him but for the provisions of subsection (7) of this section.

(2) This section applies to every person—

(a) who was in the employment of a former undertaker and who had no superannuation rights referable to his service with such undertaker,

(b) who became, on the acquisition by the Board of the undertaking of such former undertaker, a servant of the Board by virtue of section 39 of the Act of 1927, and

(c) who, on the date of the passing of this Act, is in the continuous employment of the Board.

(3) Any person to whom this section applies may, by application in writing made to the Board not later than one month after the date of the passing of this Act, elect to receive the like superannuation benefits as those to which he would be entitled under the appropriate superannuation scheme if that scheme applied to him.

(4) The following provisions shall have effect in relation to every person to whom this section applies who makes, within the time limited by subsection (3) of this section, the application mentioned in that subsection:

(a) such person shall (save where he leaves the service of the Board in circumstances such that thereupon the Local Authorities (Electrical Employees) Act, 1937 (No. 13 of 1937), applies to him) be entitled to receive from the Board the like superannuation benefits (if any) as those which he would be entitled to receive under the appropriate superannuation scheme if that scheme applied to him,

(b) for the purposes of the superannuation benefits to which he is entitled under paragraph (a) of this subsection, the remuneration and service of such person shall be computed in accordance with the subsequent provisions of this section,

(c) the provisions contained in paragraphs (d), (e) and (f) of subsection (3) and in subsection (6) of section 13 of the Superannuation Act of 1942 shall apply as if herein re-enacted in relation to such person.

(5) Where a person to whom this section applies, who has not made, within the time limited by subsection (3) of this section, the application mentioned in that subsection, leaves the service of the Board otherwise than—

(a) on account of being discharged for misconduct,

(b) on account of resigning without the consent of the Board, or

(c) in circumstances such that thereupon the Local Authorities (Electrical Employees) Act, 1937 (No. 13 of 1937), applies to him,

he shall be paid by the Board an allowance for life, not exceeding two-thirds of his remuneration, calculated at the rate of one-sixtieth of his remuneration for each year of his service.

(6) For the purposes of whichever of the two next preceding subsections applies to him—

(a) the remuneration of a person to whom this section applies shall be taken to be the average annual remuneration paid to him by the Board during the three years ending on the day on which he leaves their service,

(b) the service of a person to whom this section applies shall be taken to be the aggregate of—

(i) his service in the employment of the former undertaker,

(ii) his continuous service (both before and after the passing of this Act) in the employment of the Board.

(7) No superannuation scheme under the Superannuation Act of 1942 shall apply to or enable superannuation benefits thereunder to be received by any person to whom this section applies and, if before the passing of this Act any contributions were paid by any such person, or by the Board in respect of any such person, to the fund set up for the purposes of a superannuation scheme under the Superannuation Act of 1942 , the contributions shall be repaid.

(8) Where a person is entitled to an allowance under this section from the Board, he shall not be entitled to any other superannuation benefits or allowances from them and, in particular, section 15 of the Superannuation Act of 1942 shall not apply to him.

(9) All expenses incurred by the Board under this section shall be defrayed as part of their general expenses.