Local Government (Superannuation) Act, 1956
|
Grant of lump sum and allowance to pensionable officer on his ceasing to hold office. |
15.—(1) Where— | |
(a) a pensionable officer of a local authority ceases to hold his office and is not employed in another position service in which is capable of being reckoned under this Act, and | ||
(b) the local authority either are of opinion that in general he has served in such office with diligence and fidelity and to their satisfaction or, not being of that opinion, they nevertheless decide that, in the special circumstances of his case, he should be granted a reduced lump sum and allowance, | ||
the local authority shall grant him a lump sum and allowance in any of the cases specified in subsection (2) of this section. | ||
(2) The cases referred to in subsection (1) of this section are the following: | ||
(a) where the officer has ceased to hold his office otherwise than by removal and— | ||
(i) he has attained the age of sixty years and has not less than twenty years of pensionable local service, | ||
(ii) he is a fire brigade officer, has attained the age of fifty-five years and has not less than twenty years of pensionable local service, or | ||
(iii) he has become incapable of performing his duties by reason of permanent infirmity of mind or body and has not less than ten years of pensionable local service; | ||
(b) where the officer was removed from his office for a cause other than misconduct or unfitness and has not less than ten years of pensionable local service; | ||
(c) where the office of the officer was abolished and he has not less than ten years of pensionable local service; | ||
(d) where the position of the officer was materially altered to his detriment by changes in its conditions made without reasonable cause and he resigned his office having not less than ten years of pensionable local service; | ||
(e) where the officer has ceased to hold his office on account of having attained the age limit therefor and has not less than ten years of pensionable local service, | ||
subject to the exclusion of any case, being a case such as is specified in paragraph (b) or paragraph (c) of this subsection, in which the officer was removed or resigned from office under section 24 of the Local Government Act, 1941 (No. 23 of 1941), or that section as amended by section 17 of the Local Government Act, 1955 (No. 9 of 1955), in circumstances such that subsection (2) of the said section 24 does not, by virtue of subsection (3) of that section, apply. |