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Officer or servant becoming Civil Servant.
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88.—(1) Where—
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(a) a person—
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(i) who had not attained the age of fifty-five years was appointed before the commencement of this Part of this Act to an established position in the civil service of the State, or
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(ii) who has not attained the age of fifty-five years is appointed after the commencement of this Part of this Act to an established position in the civil service of the State, and
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(b) such person was, before such appointment, paying contributions under the Act of 1909 or this Part of this Act in respect of an office or employment the duties of which relate to the same matters as the duties of such established position, and
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(c) such person has not been repaid such contributions or, having been repaid them, has refunded them under the Act of 1909 or this Part of this Act,
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the services of such person in respect of which such contributions were paid shall, for the purposes of the Superannuation Acts, 1834 to 1942, be regarded as service in an established position in the civil service of the State.
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(2) Where the superannuation benefits or the conditions qualifying a person for superannuation are not the same in the c ase of a civil servant and of a person paying contributions under the Act of 1909 or this Part of this Act, the Minister for Finance may determine what modifications (if any) corresponding to the difference between the said respective benefits or conditions shall be made in the amount which, in any particular case, is granted by virtue of sub-section (1) of this section under the Superannuation Acts, 1834 to 1942.
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(3) Where any payment is made to any person in accordance with this section, the Minister for Finance may determine what part or parts of the payment shall be defrayed out of any fund or funds to which such person made contributions under this Part of this Act or the Act of 1909, and thereupon the relevant mental hospital authority or authorities shall pay to the said Minister out of that fund or those funds the amount or the respective amounts determined by him as aforesaid.
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