Local Government (Superannuation) Act, 1956
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Addition to pensionable local service of pensionable officer. |
13.—(1) Where a pensionable officer of a local authority has not less than ten years of pensionable local service and— | |
(a) he is removed from office for a cause other than misconduct or unfitness, | ||
(b) his office is abolished, or | ||
(c) his position has been materially altered to his detriment by changes in its conditions made without reasonable cause and he resigns his office, | ||
the local authority may, if they so think fit, add to his pensionable local service a period not exceeding— | ||
(i) if his pensionable local service is twenty years or more—ten years, | ||
(ii) if his pensionable local service is less than twenty years—half that service. | ||
(2) Where a pensionable officer of a local authority whose pensionable local service is ten years or more ceases to hold his office otherwise than by removal for misconduct or unfitness, the local authority may, if they so think fit, add to his pensionable local service a period not exceeding ten years or, where a period has been added under subsection (1) of this section, not exceeding the difference between that period and ten years, but such an addition shall not be made save in the following circumstances and in accordance with regulations made by the Minister: | ||
(a) where the officer retires from an office to which, at the time of the retirement, the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), applies because the qualifications of the office are professional, | ||
(b) where the officer retires because of permanent infirmity of mind or body, | ||
(c) where the officer retires from an office on account of an age limit and it had not been a condition of his appointment that he should retire at that age, | ||
(d) where— | ||
(i) during a period or continuous periods, the officer held an office or offices under a local authority or local authorities in a temporary capacity, | ||
(ii) the period or periods would have been reckonable under this Act if he had held the office or offices during the period or periods in a permanent capacity, and | ||
(iii) the period or periods was or were continuous with and immediately preceding service as an officer of a local authority reckonable under this Act, | ||
(e) where the officer, before the commencement of this Part of this Act, was employed as a personal assistant by an officer of a local authority under an arrangement approved of by that local authority and the period of that employment was continuous with and preceded service as an officer of a local authority reckonable under this Act, | ||
(f) where the officer, before the commencement of this Part of this Act, held an office in a permanent capacity for a period that would have been reckonable for the purposes of this Act had it been immediately succeeded by service reckonable under this Act, or | ||
(g) where the aggregate service of the officer amounted to a number of completed years and a fraction of a year exceeding three-quarters. | ||
(3) An addition by reference to paragraph (d), paragraph (e) or paragraph (f) of subsection (2) of this section shall not exceed one-half of (as may be appropriate) the period or periods referred to in the said paragraph (d) or the period referred to in the said paragraph (e) or paragraph (f). | ||
(4) A local authority may, if they so think proper, add a period in accordance with paragraph (d) of subsection (2) of this section notwithstanding that the officer has less pensionable local service than ten years, and such period so added as is necessary for the purpose of bringing the officer's pensionable local service up to five years in the case of a gratuity or ten years in the case of any allowance and lump sum may be regarded as pensionable local service for that purpose. | ||
(5) Notwithstanding anything contained in the foregoing subsections of this section, a period added pursuant to this section shall not be such as to make the service greater than forty years. |