Pensions (Abatement) Act, 1965

Amendment of section 75 (1) of Local Government (Superannuation) Act, 1948.

4.—(1) Subsection (1) of section 75 of the Local Government (Superannuation) Act, 1948 , as amended by subsection (8) of section 71 of the Local Government (Superannuation) Act, 1956 , is hereby amended by the substitution of the following paragraphs for paragraph (a):

“(a) (i) This paragraph shall, subject to the next paragraph, apply where—

(I) an allowance (in this paragraph referred to as the allowance) is payable under this or any previous Act by a local authority to a person (in this paragraph referred to as the pensioner), and

(II) the pensioner receives any payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) (in this paragraph referred to as the payment) from a local authority for services rendered (being services rendered as an officer or servant, as a mental hospital officer or servant or as a teacher employed by a vocational education committee or being services which are paid for by fees in the nature of salary).

(ii) No more of the allowance shall be paid, for any specified period of receipt of the payment, than so much as, with the payment, equals the remuneration which the pensioner would have received in respect of that period if, during it, he—

(I) held the office or employment in which he served on the last day of his pensionable service, but

(II) was remunerated at the rate of remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of which he was in receipt on that day, subject, however, in case changes have taken place (or, if the said office or employment has ceased to exist, would have taken place if it had not ceased to exist) in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified.

(iii) In this paragraph ‘specified’ means specified by the Minister.

(a1) The Minister may, at his discretion but subject to the condition specified in the next paragraph, waive the application of paragraph (a) of this subsection in any particular case, and that paragraph shall thereupon not apply in that case.

(a2) The condition referred to in paragraph (a1) of this subsection is that the Minister, after consultation with the authority making the payment, is satisfied that—

(i) persons with particular training and experience are required for particular work of that authority,

(ii) the person who is being re-employed has that training and experience, is being re-employed for that work and is otherwise suitable for re-employment in all respects, and

(iii) it is not practicable to meet that requirement otherwise than by the re-employment of pensioners.”

(2) (a) The amendment specified in the foregoing subsection shall have effect subject to the proviso that it shall not apply in relation to a person to whom during the period between the commencement and the passing of this Act or any part thereof an allowance was payable under the Local Government (Superannuation) Act, 1948 , or any previous Act by a local authority and who during that period or part was in receipt of a payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) from a local authority for services rendered (being services rendered as an officer or servant, as a mental hospital officer or servant or as a teacher employed by a vocational education committee or being services which are paid for by fees in the nature of salary) unless he notifies the Minister in writing, within the period of twelve months beginning on the commencement of this Act, that he wishes it to apply in relation to him, but if he so notifies, it shall apply in relation to him with effect as from such commencement.

(b) In this subsection “local authority”, “the Minister”, “officer”, “servant”, “mental hospital officer” and “mental hospital servant” have the same meanings respectively as in the Local Government (Superannuation) Act, 1948 .