Local Government (Superannuation) Act, 1956
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Return of contributions to pensionable servants. |
44.—(1) In this Part of this Act “the contributions” means, in relation to a pensionable servant, the aggregate amount of his contributions for superannuation in respect of service which is capable of being reckoned under this Act. | |
(2) Where a pensionable 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. | ||
(3) Where, as respects a pensionable servant of a local authority, it is ascertained after any particular local financial year that he has not had two hundred or more service days in respect of that year, the local authority shall return to him any contributions made by him under section 43 of this Act in respect of that year. | ||
(4) Where a pensionable servant of a local authority who has less than ten years of pensionable local service ceases to be such pensionable servant otherwise than consequent on paragraph (b) of subsection (1) of section 31 of this Act or on account of being discharged for misconduct, is not employed in another position service in which is capable of being reckoned under this Act and is not granted a gratuity under section 39 or section 42 of this Act, the local authority shall return to him the contributions. | ||
(5) Where a pensionable servant of a local authority having not less than ten years of pensionable local service ceases to be such pensionable servant otherwise than consequent on paragraph (b) of subsection (1) of section 31 of this Act or on account of being discharged for misconduct, is not employed in another position service in which is capable of being reckoned under this Act and is not entitled to an allowance under section 36 of this Act or a marriage gratuity under section 42 of this Act, the local authority shall return to him the contributions. | ||
(6) Where a pensionable servant of a local authority is discharged for misconduct, the local authority shall have power, which shall be exercisable at their discretion and as respects which, notwithstanding any other provision of this Act, there shall be no appeal, to return to him the contributions if they are of opinion that there are special reasons for so doing. | ||
(7) Where a local authority return the contributions and the amount returned includes a sum for contributions for superannuation made by the servant in question in respect of service which is capable of being reckoned under this Act and held by any other body, that body shall recoup such sum to the local authority who returned the contributions. | ||
(8) Where a body service under which is capable of being reckoned under this Act return contributions made for superannuation in respect of service which is capable of being reckoned under this Act and the amount returned includes a sum for contributions held by any local authority, that local authority shall recoup such sum to the body. | ||
(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. |