Local Government (Superannuation) Act, 1980

Gratuities as regards certain non-pensionable service.

4.—(1) Where a person ceases to be employed by a body to which section 2 of this Act applies, subject to subsections (3) and (4) of this section, the body may pursuant to and in accordance with regulations made by the Minister under this section with the consent of the Minister for the Public Service, and having regard to service by the person which both—

(a) is specified for the time being under the said subsection (3) and

(b) may as regards the person be taken into account in pursuance of the said subsection (3),

grant to or in respect of the person a gratuity.

(2) Regulations under this section may provide that a gratuity granted thereunder to or in respect of a person of a specified class or description shall be paid by another person of a class or description so specified, being a person other than the first-mentioned person's employer.

(3) In determining in accordance with regulations under this section whether to grant, or the amount of, a gratuity under this section, a body to which section 2 of this Act applies shall, and shall only, take into account service of a class or description which is for the time being specified in writing for the purposes of this section by the Minister, either generally or in relation to persons of such class or description as is so specified.

(4) A gratuity shall not be granted under this section by a body to a person dismissed by the body by reason of misconduct or unfitness (not being unfitness due to old age or to infirmity of mind or body).

(5) Regulations under this section may have retrospective effect.