Electricity (Supply) (Amendment) Act, 1949
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Superannuation of certain persons employed at the Pigeon House generating station when it was closed. |
10.—(1) This section applies to every person who— | |
(a) suffered loss of employment by reason of the closing in the year 1930 of the generating station at the Pigeon House, Dublin, | ||
(b) either— | ||
(i) was awarded, under the First Schedule to the Act of 1927, a gratuity on account of such loss of employment, or | ||
(ii) would have been awarded, under the First Schedule to the Act of 1927, a gratuity on account of such loss of employment if the reference in paragraph 1 of that Schedule to a period of not less than two nor more than five years had been a reference to a period of not more than five years, and | ||
(c) on the date of the passing of this Act is in the continuous employment of the Board. | ||
(2) In this section the expression “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. | ||
(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 from the Board 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 be entitled to receive from the Board the like superannuation benefits 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 on account of being discharged for misconduct or of resigning without the consent of the Board, 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 purpose 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 his continuous service (both before and after the passing of this Act) in the employment of the Board after his entry into that employment subsequent to being awarded a gratuity under the First Schedule to the Act of 1927. | ||
(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 allowance from them. | ||
(9) All expenses incurred by the Board under this section shall be defrayed as part of their general expenses. |