Social Welfare (Occupational Injuries) Act, 1966

Amendment of Local Government (Superannuation) Act, 1956.

42.—(1) The definition of “service day” contained in section 2 of the Local Government (Superannuation) Act, 1956 , is hereby amended by the insertion after paragraph (b) of the following paragraph:

“(bb) a day (other than a Sunday) in respect of which the servant was paid injury benefit or disablement benefit under the Social Welfare (Occupational Injuries) Act, 1966, provided that—

(i) the accident occurred (or, as the case may be, the injury was sustained or the disease was contracted) on a day such as is referred to in paragraph (a) of this definition,

(ii) either—

(I) the whole of the period in respect of which the benefit was paid was not more than one year, or

(II) where the whole of the period in respect of which the benefit was paid was more than one year, the day occurred during such portion of the period as was before the expiration of one year from its commencement, and

(iii) in the case of a day in respect of which the servant was paid disablement benefit, it was a day on which he was incapable of work or unable, solely because of the said accident, injury or disease, to work in the manner referred to in paragraph (a) of this definition,”.

(2) The definition of “wages” contained in section 2 of the Local Government (Superannuation) Act, 1956 , is hereby amended by the insertion after paragraph (a) of the following paragraph:

“(aa) in the case of a servant who is being paid injury benefit or disablement benefit under the Social Welfare (Occupational Injuries) Act, 1966, includes, if the accident occurred (or, as the case may be, the injury was sustained or the disease was contracted) on a day such as is referred to in paragraph (a) of the definition of ‘service day’ contained in this section and if, where he is being paid disablement benefit, he is incapable of work or unable, solely because of the said accident, injury or disease, to work in the manner referred to in the said paragraph (a), the wages that he would have received if he had not been in receipt of such benefit, and”.

(3) Subsection (1) of section 43 of the Local Government (Superannuation) Act, 1956 , is hereby amended by the addition at the end of the subsection of “or in respect of a period in respect of which he was paid injury benefit or disablement benefit under the Social Welfare (Occupational Injuries) Act, 1966, if the accident occurred (or, as the case may be, the injury was sustained or the disease was contracted) on a day such as is referred to in paragraph (a) of the definition of ‘service day’ contained in section 2 of this Act and if, in the case of a period in respect of which he was paid disablement benefit, he was, during it, incapable of work or unable, solely because of the said accident, injury or disease, to work in the manner referred to in the said paragraph (a)”.