Local, Government (Superannuation) Act, 1948

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Grant of lump sum and allowance to established officer on his ceasing to hold office.

23.—(1) Where—

(a) an established officer of a local authority ceases to hold his office and is not appointed to another pensionable office under a local authority or to be an officer for the purposes of Part VIII of the Mental Treatment Act, 1945 (No. 19 of 1945), and

(b) the local authority either are of opinion that in general he has served in such office with diligence and fidelity and to their satisfaction or, not being of that opinion, they nevertheless decide that, in the special circumstances of his case, he should be granted a reduced lump sum and allowance,

the local authority shall grant him a lump sum and allowance in any of the cases specified in subsection (2) of this section.

(2) The cases referred to in subsection (1) of this section are the following:—

(a) where the officer has ceased to hold his office otherwise than by removal and—

(i) he has attained the age of sixty years and has not less than twenty years of pensionable local service.

(ii) he is a fire brigade officer, has attained the age of fifty-five years and has not less than twenty years of pensionable local service, or

(iii) he has become incapable of performing his duties by reason of permanent infirmity of mind or body and has not less than ten years of pensionable local service;

(b) where the officer was removed from his office for a cause other than misconduct or unfitness and has not less than ten years of pensionable local service;

(c) where the office of the officer was abolished and he has not less than ten years of pensionable local service;

(d) where the position of the officer was, in the opinion of the appropriate Minister, materially altered to his detriment by changes in its conditions made without reasonable cause and he resigned his office with the consent of the appropriate Minister having not less than ten years of pensionable local service;

(e) where the officer has ceased to hold his office on account of having attained the age limit therefor and has not less than ten years of pensionable local service.