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Superannuation of officers whose offices are abolished.
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11.—(1) Every officer of a Local Authority whose office is abolished under or in pursuance of any County Scheme shall, notwithstanding anything contained in such County Scheme, but subject to the provisions of this section, have the same rights in relation to superannuation as if he had been removed from his office for a cause other than misconduct or incapacity prior to the passing of this Act, and any provision in any County Scheme purporting to increase or diminish such rights shall be void and of no effect: Provided that where any such officer is, within three months after the abolition of his office, appointed to a pensionable office under such County Scheme, the salary and emoluments of which are not less than the salary and emoluments of his previous office, he shall not be entitled to the rights in relation to superannuation given by this sub-section, but he shall, for pension purposes, be entitled to add his period of service with the local authority to his subsequent service under the County Scheme or otherwise.
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(2) Where any Board of Guardians has been abolished under or in pursuance of any County Scheme, and any person held before such abolition the joint office of Clerk to such Board of Guardians and Clerk to a Rural District Council, or the joint office of Relieving Officer of a Board of Guardians and Sanitary Sub-Officer of a Rural District Council, and such joint office was immediately before such abolition pensionable, the office of Clerk to such Rural District Council or the office of Sanitary Sub-officer of such Rural District Council (as the case may be) shall, so long as such person continues to hold the same, be deemed to be pensionable notwithstanding the fact that such person does not devote the whole of his time to the service of such Council: Provided that any official of a Board of Guardians, who is also an official of a Rural District Council, shall be entitled, on the determination of his office under Board of Guardians to retire, as official under Rural District Council, on the same terms as if his office had been abolished.
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(3) Where the Board of Guardians of any Union extending into two or more counties is abolished by a County Scheme or Schemes, the pensions of the pensionable officers of such Union shall be paid by the Council of the County in which the Workhouse belonged to such Union was situate, and the Council of that County shall be entitled to recover from the Council of any other county into which such Union extended the contribution payable by such Council towards such pension.
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(4) Whenever before the passing of this Act an allowance has been granted under Section 8 of the Local Government (Ireland) Act, 1919, to an officer in respect of his removal from office under or in pursuance of any County Scheme, the Council of the County to which the liability to pay such allowance to such officer has under this Act been transferred, may, if they so think fit within a period of three months from the passing of this Act, notify such officer and the Minister of their desire to dispute the right of such officer to such allowance or the amount of such allowance, and thereupon a case of dispute within the meaning of the said Section 8 shall be deemed to have arisen, and the right to and amount of such allowance shall be determined by the Minister in accordance with the provisions of the Local Government (Ireland) Act, 1919.
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Notwithstanding a determination by the Minister under this sub-section disallowing the right of any such officer to such allowance or altering the amount of such allowance, such officer shall be entitled to receive and be paid the allowance up to the date of such determination at the rate at which same was granted under the said Section 8.
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(5) From and after the passing of this Act no allowance, the amount of which exceeds the amount of an allowance calculated according to the scale provided by the Superannuation Acts, 1834 to 1892, and the rules thereunder shall be granted by a Local Authority to an officer under the provisions of Section 8 of the Local Government (Ireland) Act, 1919, without the consent of the Minister.
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(6) Where any officer of a Local Authority who holds a pensionable office:
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(a) is, or has been removed from his office by or in pursuance of any County Scheme; or
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(b) after the passing of this Act, is removed from his office for a cause other than misconduct or incapacity; or
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(c) after the passing of this Act resigns his office with the sanction of the Minister—
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and was at the time of his appointment to such pensionable office employed by the Local Authority in a temporary capacity, the temporary service of such officer shall, to such extent, if any, as the Minister may direct, be reckoned as service in a pensionable office for the purpose of any enactment relating to the superannuation of officers of a Local Authority.
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