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12 1950

TRANSPORT ACT, 1950

FOURTH SCHEDULE.

Compensation of certain officers and servants of the dissolved undertakers and the Board.

Sections 38 , 39 , 40 and 41 .

Interpretation.

1. (1) In this Schedule—

the expression “former transport company” means any company being—

(a) an absorbed company or amalgamated company within the meaning of the Railways Act, 1924 (No. 29 of 1924), or

(b) a dissolved company within the meaning of the Act of 1944, or

(c) either dissolved undertaker;

the expression “former road transport licensee” means a person who was the holder of a passenger licence, within the meaning of the Road Transport Act, 1932 (No. 2 of 1932), or of a merchandise (existing carrier's) licence within the meaning of the Road Transport Act, 1933 (No. 8 of 1933), and whose said licence was transferred to a dissolved company within the meaning of the Act of 1944, or to a dissolved undertaker;

the expression “former transport undertaker” means any person being—

(a) a former transport company, or

(b) a former road transport licensee;

the expression “the Defence Forces” means—

(a) the force established under Part I of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), and

(b) the reserve force established under Part III of the said Act;

the expression “the Second World War” means the war which was in existence at the date of the passing of the Act of 1944;

the word “remuneration” shall be construed as including any cost of living or other bonus.

(2) For the purpose of reckoning the pensionable service of a person under this Schedule—

(a) the pensionable service shall include—

(i) service with any former transport company,

(ii) if that person had service with a former transport company, service in the Irish Railway Clearing House,

(iii) service with the Board,

(iv) service (being service which is recognised for the purposes of a superannuation scheme, within the meaning of section 44, or an existing superannuation scheme, within the meaning of section 45) with any former road transport licensee;

(b) if that person was temporarily absent from his employment with a former transport undertaker 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 Éireann or the Second Dáil Éireann or the Provisional Government of Ireland or in either of the opposing forces during the civil strife in the years 1922, 1923 or 1924 or was interned or imprisoned in consequence of such service, or was engaged in service, before the 6th day of December, 1922, in the British Army, Navy or Air Force, such temporary absence shall be included in the period of his pensionable service;

(c) if that person was suspended or dismissed from the service of a former transport undertaker on or after the 1st day of April, 1916, and before the 6th day of December, 1921, but was subsequently reinstated, and the Minister certifies that his suspension or dismissal was due to his national sympathies, such period (not exceeding the period between his suspension or dismissal and his reinstatement) as the Minister may direct shall be included in the period of his pensionable service;

(d) if that person was, by reason of disruption of railway services due directly to civil strife in the years 1922, 1923 or 1924, temporarily absent from his employment with a former transport undertaker, such temporary absence shall be included in the period of his pensionable service;

(e) if that person was temporarily absent during the Second World War from his employment with a former transport undertaker and during the whole of such absence was serving in the Defence Forces, such temporary absence shall be included in the period of his pensionable service;

(f) if that person was temporarily absent from his employment with a former transport undertaker or the Board for a period of less than one year on account of—

(i) the temporary closing or reduction of services on a railway line, due to conditions resulting from the Second World War, or

(ii) the cessation or reduction of any other transport services, due to the said conditions, or

(iii) illness or accident, or

(iv) any trade dispute to which he was not a party,

such temporary absence shall be included in the period of his pensionable service;

(g) if that person was taken into the employment of any former transport undertaker as a specially qualified person at an age exceeding that at which transport service usually began, his pensionable service may be increased by the addition of such number of years as may seem just;

(h) if that person served as a trade apprentice with any former transport undertaker or the Board for any period, that period shall not be reckoned as pensionable service.

(3) For the purposes of this Schedule the number of years of pensionable service of a person shall be taken to be the result obtained by dividing the number of days of his pensionable service by the number three hundred and sixty-five, any fraction of a half or over being treated as one and any lesser fraction being disregarded.

(4) For the purposes of this Schedule the annual remuneration and emoluments of a person shall be his annual remuneration and emoluments on the date on which his services are dispensed with.

Compensation to persons with less than five years' pensionable service.

2. The compensation payable to a person who, on the date on which his services are dispensed with, had less than five years' pensionable service shall be a gratuity calculated on the basis of one-sixth of his annual remuneration and emoluments for every year of his pensionable service.

Compensation to persons with not less than five years' pensionable service.

3. Subject to the provisions of paragraph 4 of this Schedule, the compensation payable to a person who, on the date on which his services are dispensed with, had not less than five years' pensionable service 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 and, subject to that limitation, to be calculated at the rate of one-sixtieth of his annual remuneration and emoluments for every year of his pensionable service, with an addition thereto based on the number of years of his pensionable service and calculated according to the following scale—

(a) if he has twenty or more years of pensionable service, an addition of ten-sixtieths of his annual remuneration and emoluments;

(b) if he has fifteen or more years of pensionable service and less than twenty such years, an addition of seven-sixtieths of his annual remuneration and emoluments;

(c) if he has ten or more years of pensionable service and less than fifteen such years, an addition of five-sixtieths of his annual remuneration and emoluments;

(d) if he has less than ten years of pensionable service, an addition of three-sixtieths of his annual remuneration and emoluments.

Reduction of annual sums in certain cases.

4. If any officer or servant who is entitled to an annual sum under paragraph 3 of this Schedule is also entitled to superannuation or benefit out of any Fund to which a dissolved undertaker contributed, then—

(a) the amount of the said annual sum shall be reduced by an amount equal to the annual value of such superannuation or benefit, and

(b) the Board shall pay to such officer or servant a lump sum equal to the amount of the contributions paid by such officer or servant into the said Fund.