Local Government (Superannuation) Act, 1956

Provisions in relation to Act of 1948.

71.—(1) On and after the commencement of Part II of this Act, every register maintained under Part II of the Act of 1948 shall cease to be maintained and, accordingly, every person who, immediately before such commencement was an established officer within the meaning of the Act of 1948 shall, on and after such commencement, be regarded as having ceased to be such an established officer.

(2) On and after the 1st day of April next after the passing of this Act, every register maintained under Part III of the Act of 1948 shall cease to be maintained and, accordingly, every person who, immediately before that day, was an established servant within the meaning of the Act of 1948 shall, on and after that day, be regarded as having ceased to be such an established servant.

(3) Section 66 of the Act of 1948 shall have effect as if it contained a provision that, notwithstanding any other provision of the section, any two authorities referred to in the section may make and carry out an agreement that neither of them shall make refunds to the other under the section.

(4) Subsection (3) of section 69 of the Act of 1948 shall have effect as if the reference to paragraph (a) of section 13 of the Act of 1948 included a reference to paragraph (b) of subsection (1) of section 10 of this Act and the reference to paragraph (a) of section 42 of the Act of 1948 included a reference to paragraph (a) of section 33 of this Act.

(5) The following subsection shall be added to section 69 of the Act of 1948:

“(5) An officer shall be as qualified to hold an office offered to him pursuant to this section as he would have been if his service had not been broken by the period during which he was in receipt of the allowance.”

(6) No decision shall be made by the Minister under section 70 of the Act of 1948 after the passing of this Act except in cases referred to him for decision before such passing.

(7) Regulations shall not be made by the Minister under section 72 of the Act of 1948 after the passing of this Act.

(8) The following subsection is hereby substituted for subsection (1) of section 75 of the Act of 1948:

“(1) (a) Where a person to whom an allowance is payable under this or any previous Act by a local authority or mental hospital board receives any payment (inclusive of the money value of emoluments, if any) from a local authority or mental hospital board or out of moneys provided by the Oireachtas for services rendered (being services rendered as an officer or servant, as a mental hospital officer or servant or as a teacher or being services which are paid for by fees in the nature of salary), no more of the allowance shall be paid to him in any year than so much as, with the said payment, equals the remuneration (inclusive of the money value of the emoluments, if any) of the former office or employment.

(b) Paragraph (a) of this subsection shall not apply where the services are rendered in an office or employment held concurrently with the office or employment in respect of which the allowance was granted.”

(9) The following subsection shall be added to section 75 of the Act of 1948:

“(5) Notwithstanding the foregoing provisions of this section, where an allowance payable under this or any previous Act—

(a) was granted to a person in a case in which—

(i) he was removed or discharged from his position under a local authority for a reason other than misconduct or unfitness, or

(ii) his position under a local authority was abolished, or

(iii) his position was materially altered to his detriment by changes in its conditions made without reasonable cause and he resigned his position under a local authority, and

(b) but for this subsection the allowance would be affected by a suspension, abatement or reduction referable to an increase of payment for services rendered that is granted to compensate for increases, since the allowance was granted, in the cost of living,

such suspension, abatement or reduction shall not be made.”

(10) Where, on the passing of the Act of 1948, an allowance, which immediately before such passing stood not affected by section 49 of the Act of 1925, became an allowance proper to be affected by section 75 of the Act of 1948, the said section 75 shall be deemed never to have applied in relation to the allowance.

(11) The following subsections are hereby substituted for subsections (2) and (3) of section 76 of the Act of 1948:

“(2) A local authority may, for any purpose relating to payments made pursuant to this section, require the making of such declarations as they consider necessary, and a person to whom any such payment may be made shall not be entitled to receive such payment if he fails to make any declaration which he is required as aforesaid to make.

(3) Any person who makes a wilful misstatement of material fact in any such declaration shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or to imprisonment for any term not exceeding three months.”

(12) No grant shall be made under section 77 of the Act of 1948 after the passing of this Act except in cases in which the injury occurred before such passing.

(13) No notice shall be given under section 78 of the Act of 1948 after the passing of this Act.

(14) Subsection (1) of section 82 of the Act of 1948 shall, in the case of a person who was appointed to an established position in the civil service before the passing of this Act, be construed as if it had been enacted without the word “established” where that word occurs firstly and without the words “who has not less than ten years of pensionable local service and”.

(15) No determinations shall be made under section 83 of the Act of 1948 after the passing of this Act and the section shall have effect as if it contained a provision that, notwithstanding any other provision of the section, the Minister for Finance and a local authority may make and carry out an agreement that no refunds under the section shall be made to that local authority.