Local Government (Superannuation) Act, 1956

Suspension or reduction of allowance.

62.—(1) (a) Where a person to whom an allowance is payable under this Act by a local authority receives any payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) from a local authority or mental hospital board or out of moneys provided by the Oireachtas for services rendered (being services rendered as an officer or servant, as a mental hospital officer or servant or as a teacher or being services which are paid for by fees in the nature of salary), no more of the allowance shall be paid to him in any year than so much as, with the said payment, equals the remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of the former office or employment.

(b) Paragraph (a) of this subsection shall not apply where the services are rendered in an office or employment held concurrently with the office or employment in respect of which the allowance was granted.

(2) Where a person to whom an allowance is payable under this Act by a local authority receives payment by the local authority of compensation under the Workmen's Compensation Acts, 1934 to 1955, no more of the allowance shall be paid to him in any year than so much as, taking the said payment into account, equals five-sixths of the remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of the position in respect of which the allowance was granted.

(3) A local authority paying an allowance to a person to whom subsection (1) or (2) of this section applies may from time to time, as may appear proper to them for the purpose of giving effect to subsection (1) or (2) of this section, suspend, abate or reduce or otherwise adjust the payments made or to be made by them in respect of the allowance.

(4) If and so long as, pursuant to this section, an allowance is not paid, any refund of part of such allowance payable under this Act shall also not be paid.

(5) If and so long as, pursuant to this section, the amount payable in respect of an allowance is abated or reduced, any refund of part of such allowance payable under this Act shall also be reduced proportionately.

(6) Notwithstanding the foregoing provisions of this section, where an allowance payable under this Act—

(a) was granted to a person in a case in which—

(i) he was removed or discharged from his position under a local authority for a reason other than misconduct or unfitness, or

(ii) his position under a local authority was abolished, or

(iii) his position was materially altered to his detriment by changes in its conditions made without reasonable cause and he resigned his position under a local authority, and

(b) but for this subsection the allowance would be affected by a suspension, abatement or reduction referable to an increase of payment for services rendered that is granted to compensate for increases, since the allowance was granted, in the cost of living,

such suspension, abatement or reduction shall not be made.