Local Government (Superannuation) Act, 1956

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Refunds in certain cases.

57.—(1) Where a lump sum, allowance or gratuity is paid under this Act to or in respect of any person by a local authority (in this section referred to as the paying authority) and, in determining the amount thereof, any period of service not under the paying authority (not being service referred to in subparagraph (ii) or (iii) of paragraph (g) of subsection (1) of section 11, paragraph (h) of subsection (1) of section 11 or paragraph (g) of subsection (1) of section 34 of this Act) has been reckoned, the appropriate authority shall refund to the paying authority a part of the lump sum, allowance or gratuity.

(2) In subsection (1) and the subsequent subsections of this section “the appropriate authority” means—

(a) in case the period of service not under the paying authority that has been reckoned was service in the civil service—the Minister for Finance,

(b) in case that period of service has been reckoned under subparagraph (i) of paragraph (g) of subsection (1) of section 11 of this Act—the Secondary Teachers' Superannuation Fund or the Primary Teachers' Superannuation Fund (as may be appropriate),

(c) in any other case—the body under whom was served the period of service not under the paying authority that has been reckoned.

(3) The part of the lump sum, allowance or gratuity referred to in subsection (1) of this section shall be determined as follows:

(a) in case the period of service not under this Act that has been reckoned was service in the civil service, it shall be determined by the Minister for Finance,

(b) in case that period of service has been reckoned under subparagraph (i) of paragraph (g) of subsection (1) of section 11 of this Act, it shall be determined by agreement between the paying authority and the appropriate authority or, in default of agreement, by the Minister with the consent of the Minister for Finance,

(c) in any other case, it shall be determined by agreement between the paying authority and the appropriate authority or, in default of agreement, by the Minister (after consultation, where the appropriate authority are a harbour authority, with the Minister for Industry and Commerce).

(4) Subsection (1) of this section shall not apply where the period of service not under the paying authority that has been reckoned is a period in respect of which contributions have been repaid under subsection (3) of section 25 or subsection (3) of section 45 of this Act.

(5) Where a lump sum, allowance or gratuity is paid to or in respect of any person under the Superannuation Acts or a marriage gratuity is granted by the Minister for Finance and, in determining the amount thereof, any period of service under a local authority has been reckoned, the local authority shall refund to the Minister for Finance such part of the lump sum, allowance or gratuity or of the marriage gratuity as the Minister for Finance may determine.

(6) For the purposes of subsection (1) and subsection (5) of this section—

(a) service under a committee of a local authority shall be deemed to have been service under that local authority, and

(b) service under a local authority who have ceased to exist shall be deemed to be service under the successor, as determined by the Minister, of that local authority.

(7) Notwithstanding the foregoing provisions of this section, two authorities may make and carry out an agreement that neither of them shall make refunds under those provisions to the other.

(8) Where service under a local authority capable of being reckoned under this Act is reckoned on the grant of any superannuation benefit by a mental hospital authority, harbour authority or body approved of for the purposes of paragraph (f) of subsection (1) of section 11 or paragraph (f) of subsection (1) of section 34 of this Act, the local authority may make the appropriate refunds to that authority or body.

(9) Payments made by the Minister for Finance under this section shall be made out of moneys provided by the Oireachtas.