Local Government (Superannuation) Act, 1956
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Reckoning service of pensionable servants. |
34.—(1) A pensionable servant of a local authority shall be entitled to reckon as service any of the following: | |
(a) service as a pensionable servant of the local authority or of any other local authority, | ||
(b) service as a pensionable officer of the local authority or of any other local authority, | ||
(c) service during which he was a mental hospital officer or servant and which he was entitled to reckon as service for the purposes of Part VIII of the Mental Treatment Act, 1945 (No. 19 of 1945), or any earlier enactment corresponding to the said Part VIII, | ||
(d) service in a pensionable position under a harbour authority, | ||
(e) service which is reckonable for the purposes of the Superannuation Acts, being service continuous with subsequent service as a pensionable servant or service as a pensionable officer of the local authority or any other local authority or with subsequent service in a position in which service for the purposes of those Acts is reckonable, | ||
(f) service (to such extent as the Minister either generally or in any particular case may approve) in a pensionable position under a body approved of by the Minister for the purposes of this paragraph on the basis of being a body granting pension rights such that they and the pension rights provided for by this Act are reciprocal generally, | ||
(g) service with the Defence Forces as respects which and to the extent to which the Minister, after consultation with the Minister for Defence, considers that it would have been service as a servant of a local authority but for its being service with the Defence Forces. | ||
(2) In paragraph (a) and paragraph (e) of subsection (1) of this section “service as a pensionable servant” shall be deemed to include— | ||
(i) service (being service which, apart from this subsection, would not be service as a pensionable servant) as a servant of a local authority which is service that the servant would have been entitled to reckon for superannuation purposes if he had continued to be such servant, and | ||
(ii) any period of employment, being before the commencement of this Part of this Act in relation to the local authority and not being any period which he is entitled to reckon under subsection (4) of this section, under that or any other local authority during a local financial year in which he had two hundred or more service days. | ||
(3) For the purposes of paragraph (a) of subsection (1) of this section and that paragraph as extended by subsection (2) of this section (but not for the purposes of that paragraph as extended by subsection (4) of this section as respects that extension), a person shall be deemed to have service on service days only (disregarding, where the service days in a particular local financial year exceed three hundred, the service days in excess of three hundred) and the aggregate of those days shall be expressed in terms of years by dividing such aggregate by three hundred. | ||
(4) In paragraph (a) and paragraph (e) of subsection (1) of this section “service as a pensionable servant” shall be deemed to include any period of service as a servant under the local authority or any other local authority which the servant was entitled to reckon for superannuation purposes under any Act passed before the Act of 1948 and relating to superannuation which applied to him (including, notwithstanding paragraph (d) of section 33 of this Act, any such period during a local financial year during which he had not two hundred or more service days). | ||
(5) In paragraph (b) and paragraph (e) of subsection (1) of this section “service as a pensionable officer” shall be deemed to include service— | ||
(a) which, at any time before the commencement of this Part of this Act, the officer was entitled to reckon under Part II of the Act of 1948 (for this purpose subsection (1) of section 13 of the Act of 1948 being regarded as having been enacted without paragraph (b)), | ||
(b) which the officer would, at any time before the commencement of this Part of this Act, have been entitled to reckon under Part II of the Act of 1948 if section 18 of that Act had been enacted with paragraph (b) omitted therefrom, or | ||
(c) which, immediately before the commencement of this Part of this Act, he was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him. | ||
(6) Where, as respects a pensionable servant,— | ||
(a) he had a period of service for the purposes of Part IV of the Act of 1925 or for the purposes of such Act passed before the Act of 1925 and relating to superannuation as may have applied to him, and | ||
(b) the period specified in paragraph (a) of this subsection was immediately succeeded by a period of service in a position service in which is, apart from subsection (5) of this section, capable of being reckoned by him under this Act, | ||
such person shall as respects the period specified in paragraph (a) of this subsection, be entitled to reckon it as service. | ||
(7) Where the records of the service before the 1st day of April, 1948, of a pensionable servant are incomplete, the local authority may, if they so think fit, take as his period of service a period determined on the assumption that his service record as respects the period covered by records and his service record as respects the period not covered by records are similar. |