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General limitations on service to be reckoned by pensionable officer.
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10.—(1) A provision of this Part of this Act entitling a pensionable officer to reckon as service any period shall be subject to the overriding qualification that he shall not be entitled so to reckon a particular period more than once nor shall he be entitled so to reckon any of the following:
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(a) any period as respects which, when ordinarily entitled to remuneration in respect of a position service in which is capable of being reckoned under this Act, he was not in receipt of that remuneration, being a period after the commencement of this Part of this Act and not being a period continuous with a similar period ending on such commencement,
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(b) 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 service for the purposes of which is capable of being reckoned under this Act, unless in the case of a gratuity, having been entitled to repay such gratuity, he has done so,
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(c) any period in respect of which any contributions for superannuation have been returned to him, unless, having been entitled to repay such contributions, he has done so,
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(d) any period before a date on which he was removed or discharged from his position for misconduct or for unfitness,
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(e) being a person entitled to reckon under this Act service which is not under a local authority, any period of that service which he would have been unable to reckon if he had continued to hold the position in which he had that service,
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(f) any period before a date after the commencement of this Part of this Act on which he absents himself from the place where he performs his duties under a local authority or refrains from performing those duties, such absence or refraining being deliberate and unauthorised.
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(2) Where a period of service of an officer of a local authority has, having regard to paragraph (f) of subsection (1) of this section, become forfeited—
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(a) the local authority shall give notice in writing of the forfeiture to the officer,
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(b) the officer may, not later than one month after notice has been given to him, appeal to the appropriate Minister against the forfeiture,
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(c) the appropriate Minister may 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 (f) shall have effect subject to the declaration.
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