Dublin and Blessington Steam Tramway (Abandonment) Act, 1932

SECOND SCHEDULE.

Calculation of Compensation.

1. For the purposes of this Schedule—

(a) employment by the Company, employment by the Interim Manager, and employment by the Committee shall each of them be deemed to be employment by the undertaking;

(b) the service of any person shall be deemed to continue up to the day on which he ceased or ceases to be in the employment of the Committee;

(c) the expression “the critical date” means, in respect of any person, the day before the appointed day or the day on which such person ceased or ceases to be in the employment of the Committee, whichever first occurs;

(d) references to the earlier or to the later of two dates shall, where those dates coincide, be treated as references to both those dates.

2. The compensation payable to a person who, on the critical date, had been in the employment of the undertaking for a period of less than five years shall be a gratuity calculated on the basis of one-sixth of the amount of his annual remuneration and emoluments on the critical date for every completed year of his service.

3. The compensation payable to a person who, on the critical date, had been in the employment of the undertaking for a period of not less than five years shall be an annual sum to be paid to him during his life not exceeding in any case two-thirds of his annual remuneration and emoluments on the critical date and, subject to that limitation, to be calculated at the rate of one-sixtieth of such annual remuneration and emoluments for every completed year of his service with an addition thereto based on the number of completed years of his service and calculated according to the following scale:—

if he has twenty or more completed years of service, an addition of ten-sixtieths of his said remuneration and emoluments;

if he has fifteen or more completed years of service and less than twenty such years, an addition of seven-sixtieths of his said remuneration and emoluments;

if he has ten or more completed years service and less than fifteen such years, an addition of five-sixtieths of his said remuneration and emoluments;

if he has five or more completed years of service and less than ten such years, an addition of three-sixtieths of his said remuneration and emoluments.

4. In the case of a person who was taken into the employment of the undertaking as a specially qualified person at an age exceeding that at which employment in the undertaking usually began, his actual period of service may be increased by the addition of such number of years as may seem just, having regard to the particular circumstances of the case, and thereupon his compensation shall be calculated on such increased period of service.

5. (a) Where any person who is entitled to receive compensation was temporarily absent from the employment of the undertaking and during the whole of such absence was engaged in service in any of the military forces serving under the authority of the First Dáil Eireann, the Second Dáil Eireann, or the Provisional Government of Ireland, or the British Army, Navy or Air Force, or in either of the opposing forces during the civil strife in the years 1922, 1923, 1924, or was interned or imprisoned in consequence of such service, such temporary absence shall for the purposes of this Schedule be reckoned and included in the period of his service.

(b) Without prejudice to the provisions of the preceding paragraph, where any person who is entitled to receive compensation was absent from the employment of the undertaking for a period of less than one year on account of the closing or partial closing of the Tramway in consequence of civil strife in the years 1922, or 1923, such absence shall not be deemed to have caused an interruption of his employment if otherwise continuous.

6. Compensation consisting of a gratuity shall be payable on the critical date or the appointed day, whichever is the later.

7. Compensation consisting of an annual sum shall be payable as on and from the critical date or the appointed day, whichever is the later and shall be paid yearly, quarterly, monthly, or weekly as may be agreed upon between the Dublin Council and the person to whom the compensation is payable.

8. Any person who is in receipt of an annual sum by way of compensation may, within one year from the date on which the amount of such annual sum is fixed, apply to the Committee or, if the Committee has been dissolved, to the Dublin Council to commute not more than one-fourth of such annual sum by payment of a capital sum of money and no such application for commutation shall be unreasonably refused by the Committee or the Dublin Council, as the case may be.