Local, Government (Superannuation) Act, 1948

General transitional provisions for Part II.

37.—(1) Where on the commencement of this Part of this Act a person is a pensionable officer of a local authority and, on the 1st day of January, 1947, he had not reached—

(a) in case he is a fire brigade officer, the age of fifty-five years, or

(b) in any other case, the age of sixty years,

he may, within but not later than six months after such commencement, apply in writing to the local authority to enter his name in the register and thereupon the local authority shall enter his name in the register and the entry shall have effect as if it had been made on such commencement.

(2) Where on the commencement of this Part of this Act a person is a pensionable officer of a local authority, his name shall not be entered in the register of any local authority unless the entry is made under subsection (1) of this section or it is made after his name has been entered under that subsection.

(3) A person whose name is entered under subsection (1) of this section shall be entitled to reckon as service his service at the commencement of this Part of this Act 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 apply to him.

(4) Subsection (1) of section 15 of this Act shall apply in relation to a person whose name is entered under subsection (1) of this section as if the words “of two years or more” in paragraph (a) and the whole of paragraph (b) were omitted.

(5) Where a person whose name is entered under subsection (1) of this section held an established position in the civil service when he was appointed to be a pensionable officer of a local authority, section 18 of this Act shall apply in relation to him as if paragraphs (b) and (c) thereof were omitted.

(6) Where an established officer was a pensionable officer on the date of the passing of this Act and he had at such passing at least one whole year of pensionable local service, in any application to him of section 24 of this Act that section shall be construed as if it provided that the lesser sum therein referred to should be increased by one-half per cent. of that sum multiplied by the number of whole years (any fraction of a whole year being disregarded) in his pensionable local service at such passing.

(7) No contribution under section 31 of this Act shall be required from a person whose name is entered under subsection (1) of this section during a continuous period of service beginning on the commencement of this Part of this Act.

(8) No contribution under section 31 of this Act shall, during the appropriate period, be required from a person who is appointed after the commencement of this Part of this Act to be a pensionable officer of a local authority as a result of an examination (whether by way of open competition or otherwise) held before such commencement if any other person was appointed before such commencement to be a pensionable officer of the local authority as a result of that examination.

In this subsection, the expression “the appropriate period” means, as respects a person appointed to be a pensionable officer of a local authority, the period of continuous service of such person beginning when he takes up duty following such appointment.

(9) Where—

(a) a person died on or after the 1st day of January, 1947, and before the commencement of this Part of this Act,

(b) such person was, immediately before his death, a pensionable officer of a local authority, and

(c) such person, if he had not died and if he had remained in the service of the local authority, could have applied to have his name entered under subsection (1) of this section,

the local authority shall have power, which shall be exerciseable at their discretion and as respects which, notwithstanding any other provision of this Act, there shall be no appeal, to grant under section 28 of this Act the like gratuity (if any) as if this Part of this Act had commenced immediately before the death of such person and his name then stood entered under subsection (1) of this section.

(10) The provisions of this section shall have effect notwithstanding any other provision of this Part of this Act.