Local Government (Superannuation) Act, 1956

Surrender of portion of allowance.

51.—(1) Where—

(a) a male officer or servant of a local authority ceases to hold his office or employment, and

(b) he is entitled to an allowance under Part II or Part III of this Act,

he may apply to the local authority to be allowed to surrender a specified portion, not exceeding one-third, of such allowance in consideration of an allowance for his wife or one specified dependant.

(2) Where—

(a) a female officer or servant of a local authority ceases to hold her office or employment, and

(b) she is entitled to an allowance under Part II or Part III of this Act,

she may apply to the local authority to be allowed to surrender a specified portion, not exceeding one-third, of such allowance in consideration of an allowance for one specified dependant.

(3) An application under subsection (1) of this section for an allowance for the wife of the applicant shall be either—

(a) an application for such allowance during the period (if any) for which the wife survives the applicant, or

(b) an application for such allowance during both the period of the joint lives of the applicant and the wife and the period (if any) for which the wife survives the applicant.

(4) Where an application is made under this section for the surrender of portion of an allowance, the local authority may, at their discretion, refuse or allow the application, subject to the proviso that they shall not allow the application unless they are satisfied that the applicant is in good health.

(5) Where an application under this section for the surrender of portion of an allowance is allowed—

(a) that allowance shall be reduced accordingly,

(b) if the application is for a surrender in consideration of an allowance for the wife of the applicant during the period (if any) for which she survives the applicant, the local authority shall grant to her, if she survives the applicant, an allowance during the period for which she survives him,

(c) if the application is for a surrender in consideration of an allowance for the wife of the applicant during both the period of the joint lives of the applicant and the wife and the period (if any) for which the wife survives the applicant, the local authority shall grant to the wife an allowance during the period of the joint lives and, if the wife survives the applicant, during the period for which she survives him, and

(d) if the application is for a surrender in consideration of an allowance for a dependant, the local authority shall grant to the dependant, if the dependant survives the applicant, an allowance during the period for which the dependant survives the applicant.

(6) An allowance under this section shall be of such value as is actuarially equivalent (in accordance with such tables as, at the time when the applicant ceased to hold office or employment, stood approved of for the purposes of this section by the Minister) to what is surrendered.

(7) In the case of an allowance under this section during both the period of the joint lives of the applicant and his wife and the period (if any) for which his wife survives the applicant, the rate of the allowance for the second period shall be double the rate thereof for the first period.

(8) An allowance under this section shall not exceed the reduced allowance of the applicant.

(9) Where a person surrenders under this section portion of an allowance—

(a) for the purpose of determining whether any, and, if so, what amount may be paid to him, having regard to paragraph (a) of subsection (1) of section 62 of this Act, by way of the allowance in respect of any period in relation to which he receives any such payment as is referred to in that paragraph, the remuneration referred to in that paragraph shall be treated as reduced by the amount surrendered by him as aforesaid,

(b) for the purpose of calculating the amount of any gratuity which may be granted to his legal personal representative under section 21 (where applicable) of this Act, the total of all the sums received by him on foot of the lump sum and allowance shall be deemed to be the total of all sums which would have been so received by him but for the surrender, and

(c) for the purpose of calculating the amount of any gratuity which may be granted to his legal personal representative under section 41 (where applicable) of this Act, the total of all sums received by him on foot of the allowance shall be deemed to be the total of all sums which would have been so received by him but for the surrender.