Local, Government (Superannuation) Act, 1948
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Return of contributions of established servant. |
57.—(1) In this Part of this Act, the expression “the contributions” means, in relation to an established servant, the aggregate amount of— | |
(a) any contributions made by him under section 56 of this Act, | ||
(b) where he has made any contributions under section 31 of this Act, those contributions, | ||
(c) where he has made contributions under section 85 of the Mental Treatment Act, 1945 (No. 19 of 1945), those contributions, | ||
(d) where he has made contributions under the Asylum Officers' Superannuation Act, 1909, those contributions, | ||
but exclusive of any of the said contributions which have been returned to him and which he has not repaid. | ||
(2) Where an established servant of a local authority who has less than ten years of pensionable local service ceases to hold his employment for any cause other than misconduct and is not granted a gratuity under section 53 of this Act, the local authority shall return to him the contributions. | ||
(3) Where the name of an established servant of a local authority is removed from the register under subsection (3) of section 40 of this Act, the local authority shall return to him the contributions. | ||
(4) Where, as respects an established servant of a local authority having not less than five years of pensionable local service, it is ascertained after any particular year (being a year beginning on an anniversary of the day on which he first became such servant) that he has not worked for the local authority as a permanent servant on two hundred or more days in that year, the local authority shall return to him any contributions made by him under section 56 of this Act in respect of that year. | ||
(5) Where an established servant of a local authority who has less than one year of pensionable local service dies, the local authority shall return the contributions to his legal personal representative. | ||
(6) Where an established servant of a local authority having not less than ten years of pensionable local service ceases to hold his employment for any cause other than misconduct, does not accept any other employment under a local authority by virtue of which he becomes an established servant and is not entitled to an allowance under section 49 of this Act or a marriage gratuity under section 55 of this Act, the local authority shall return to him the contributions. | ||
(7) Where an established servant of a local authority is dismissed from his employment for misconduct, the local authority may, if they are of opinion that there are special reasons for so doing, return to him the contributions. | ||
(8) Where a local authority return the contributions and the amount returned includes a sum for contributions made by the servant in question and held by another local authority or a mental hospital board, that authority or board shall refund such sum to the local authority who returned the contributions. | ||
(9) The proviso to subsection (1) of section 31 of the Finance Act, 1922 , shall apply in relation to a return of contributions made under this section. |