Local, Government (Superannuation) Act, 1948

Officer of local authority becoming civil servant.

82.—(1) The pensionable local service of an established officer of a local authority who has not less than ten years of pensionable local service and who is appointed to an established position in the civil service shall be deemed for the purposes of the Superannuation Acts to be service by him in an established position in the civil service.

(2) Where a person holding at the passing of this Act and established position in the civil service who—

(a) was appointed to such a position after the 6th day of December, 1922, and

(b) was immediately before such appointment a pensionable officer under one or more than one local body for the purposes of Part IV of the Act of 1925,

applies not later than one year after the passing of this Act to the appropriate Minister for a certificate of the facts mentioned in paragraphs (a) and (b) of this subsection, that Minister shall inquire into the matter and, if he is satisfied that those facts exist, he shall so certify and shall include in the certificate particulars of the pensionable local service of such person at the date of such appointment.

(3) Where a certificate has been issued under subsection (2) of this section in respect of any person, his pensionable local service as stated in the certificate shall be deemed for the purposes of the Superannuation Acts to be service by him in an established position in the civil service.

(4) Where, under the Superannuation Acts and under the enactments (including this Act) relating to the grant of superannuation and compensation for loss of office to officers of local authorities, the benefits accruing or the conditions qualifying persons for benefit are different, the Minister for Finance may determine that specified modifications corresponding to that difference shall be made for any particular case to which subsection (1) or subsection (3) of this section applies in any amount to be granted under the Superannuation Acts, and the modifications so determined shall be made accordingly.

(5) Where an allowance, lump sum or gratuity is paid to or in respect of a person under the Superannuation Acts by virtue of this section, the Minister for Finance may determine what part or parts of the payment shall be borne in accordance with subsection (6) of this section.

(6) Where the Minister for Finance determines under subsection (5) of this section that part or parts of a payment to or in respect of a person shall be borne in accordance this subsection—

(a) the Minister shall determine whether such part or parts shall be borne by one local authority of which such person was an officer or by two or more local authorities of each of which such person was an officer,

(b) if the Minister determines that such part or parts shall be borne by one local authority, that local authority shall pay to the Minister the amount of such part or parts,

(c) if the Minister determines that such part or parts shall be borne by two or more local authorities, he shall also determine the amount to be borne by each such local authority and that local authority shall pay that amount to the Minister,

(d) any amount paid to the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in accordance with the direction of the Minister for Finance.