Local Government (Superannuation) Act, 1956

Calculation of pensionable remuneration of pensionable servant.

47.—(1) A local authority shall from time to time determine the weekly money value of every (if any) emolument, being any apartments, rations or other perquisites in kind, of a pensionable servant.

(2) The pensionable remuneration of a pensionable servant for the purposes of this Part of this Act shall be—

(a) in case he has been a servant of a local authority during the whole of the relevant period or during so much of that period as he is entitled to reckon as service and, at the expiration of the relevant period, his rate of wages is a rate of wages that has not changed during the relevant period otherwise than in accordance with changes applicable generally to the class, description or grade of servants to which he belonged at the expiration of the relevant period—his weekly rate of wages at the expiration of the relevant period together with the weekly average of his emoluments (if any) in respect of that period;

(b) in any other case—the average weekly rate of wages and emoluments (if any) applicable to his employment or employments during the relevant period.

(3) Where the servant has been a servant for part only of the relevant period and, during the whole or part of the remainder of that period, he was an officer of a local authority, his salary as such officer shall, for the purposes of paragraph (b) of subsection (2) of this section, be regarded as wages.

(4) Notwithstanding any other provisions of this Act, in subsection (2) of this section “wages” and “emoluments” shall, in relation to any position not under a local authority service in which is capable of being reckoned under this Act, have the same meanings respectively as they have in the provisions relating to superannuation applicable to the position and, in addition, “wages” shall include remuneration of an officer in any such position.

(5) Paragraph (b) of subsection (2) of this section shall not have the effect, in the case of a servant who has been promoted, of causing any allowance or gratuity to be less than if he had not been promoted.

(6) (a) In this section “the relevant period” means—

(i) in case the first day of the service of the servant capable of being reckoned under this Act was less than three years before his last service day—the period beginning on the commencement day and ending on his last service day, and

(ii) in any other case—the three years ending on his last service day.

(b) In subparagraph (i) of paragraph (a) of this subsection “the commencement day” means—

(i) in case the servant's first service day was preceded by service which he is entitled to reckon under this Act, which was in a position other than employment as a servant of a local authority and which commenced on a day less than three years before his last service day—the day on which that service commenced, and

(ii) in any other case—the servant's first service day.