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10 1956

LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1956

PART I.

Preliminary and General.

Short title.

1. —This Act may be cited as the Local Government (Superannuation) Act, 1956.

Interpretation.

2. —In this Act—

the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925);

the Act of 1948” means the Local Government (Superannuation) Act, 1948 (No. 4 of 1948);

the appropriate Minister” means—

(a) in case the local authority in question are a vocational education committee, the Minister for Education,

(b) in case the local authority in question are a committee of agriculture, the Minister for Agriculture,

(c) in any other case, the Minister;

civil service”, when used without qualification, includes, in addition to the civil service of the Government, the civil services mentioned in paragraphs (a), (b), (e) and (f) of subsection (1) of section 2 of the Superannuation Act, 1936 (No. 39 of 1936);

emolument” means, subject to sections 26 and 46, any apartments, rations, or other perquisites in kind (or, as the case may require, a monetary payment given in lieu of such apartments, rations, or other perquisites) appertaining to an office or employment and all fees, poundage and commission of an officer or servant as such for his own use;

established position”, when used in relation to the civil service, has the same meaning as it has in the Superannuation Act, 1936 (No. 39 of 1936);

fire brigade officer” means an officer of a fire brigade authority under the Fire Brigades Act, 1940 (No. 7 of 1940), who is whole-time as such and whose duties include attendance at fires;

fire brigade servant” means a servant of a fire brigade authority under the Fire Brigades Act, 1940 (No. 7 of 1940), who is whole-time as such and whose duties include attendance at fires;

harbour authority” means a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946);

local authority” means, subject to subsection (6) of section 5 of this Act, any of the following bodies:

(a) a local authority for the purposes of the Local Government Acts, 1925 to 1955, other than a mental hospital board,

(b) a vocational education committee,

(c) a committee of agriculture,

(d) a school attendance committee,

(e) the Dublin Fever Hospital Board;

mental hospital board” means a joint board within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945);

mental hospital officer” means an officer whose duties relate wholly to the functions now vested in a mental hospital authority under the Mental Treatment Act, 1945 (No. 19 of 1945);

mental hospital servant” means a servant whose duties relate wholly to the functions now vested in a mental hospital authority under the Mental Treatment Act, 1945 (No. 19 of 1945);

the Minister” means the Minister for Local Government;

officer” does not include a mental hospital officer or a person holding any of the offices mentioned in section 17 of the Local Government Act, 1941 (No. 23 of 1941);

pensionable local service”—

(a) in relation to a pensionable officer, has the meaning assigned to it in section 12 of this Act, and

(b) in relation to a pensionable servant, has the meaning assigned to it in section 35 of this Act;

pensionable officer” means an officer of a local authority whose name is entered in the register of pensionable officers maintained by such local authority under section 7 of this Act;

pensionable servant” means a servant of a local authority whose name is entered in the register of pensionable servants maintained by such local authority under section 30 of this Act;

permanent officer” means an officer whose appointment was, at the time thereof, declared to be an appointment in a permanent capacity;

registrable officer” means a permanent officer who—

(a) devotes the whole of his time to the service of one or more than one local authority,

(b) in the case of an officer who acts as superintendent registrar of births, deaths and marriages or as registrar of marriages, devotes the remainder of his time to the service of one or more than one local authority,

(c) is required to be a registered medical practitioner, or

(d) is a midwife whose name is entered under section 28;

salary” means, subject to section 26, payments as salary to an officer as such for his own use and, in the case of an officer who is suspended or absent on leave and who, as respects the period of suspension or absence, does not receive a part of the payments as salary to him for his own use which he would have received if he had not been suspended or absent on leave, includes that part;

servant” includes a person holding any of the offices mentioned in section 17 of the Local Government Act, 1941 (No. 23 of 1941), other than the office of coroner, but does not include a mental hospital servant;

service day” means—

(a) a day on which the servant worked in a wholetime capacity for one or more than one local authority, the work not being work (other than work in a supervisory capacity or work calling for special experience or skill which is not given to him by reference to the provision of employment for him or the relief of his distress) on any work or scheme of works the expenses of which are in whole or in part met from moneys provided by the Oireachtas for the provision of employment and the relief of distress,

(b) a day (other than a Sunday) in respect of which the servant was given paid leave,

(c) a day (other than a Sunday) in respect of which the servant was paid compensation under the Workmen's Compensation Acts, 1934 to 1955 by a local authority, provided that the accident occurred on a day such as is referred to in paragraph (a) of this definition and that either—

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

(ii) where the whole of the period in respect of which the compensation 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, or

(d) a day (other than a Sunday or a day on which he was on permanent service) on which the servant was attending and performing his duty as a member of the Reserve Defence Force on full pay;

the Superannuation Acts” means the Superannuation Acts, 1834 to 1954;

unfitness” means unfitness of an officer or servant for his office or employment, but does not include unfitness due to infirmity of mind or body or old age;

wages” means, subject to section 46, payments as wages to a servant as such for his own use and—

(a) in the case of a servant who is suspended or absent on leave and who, as respects the period of suspension or absence, does not receive a part of the payments as wages to him for his own use which he would have received if he had not been suspended or absent on leave, includes that part, and

(b) in the case of a servant being paid compensation under the Workmen's Compensation Acts, 1934 to 1955, by a local authority, includes the wages that he would have received if he had not been in receipt of such compensation.

Laying of regulations before Houses of the Oireachtas.

3. —Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Commencement of Part II.

4. Part II of this Act shall come into operation on such day as the Minister by order appoints for that purpose.

Commencement of Part III.

5. —(1) Part III of this Act shall come into operation in relation to a local authority, being a local authority who passed a resolution under section 5 of the Act of 1948, on the 1st day of April next after the passing of this Act.

(2) A local authority, not being a local authority who have passed a resolution under section 5 of the Act of 1948, may by resolution decide to adopt Part III of this Act as on and from a specified day (being a 1st day of April) not earlier than one month after the date of the resolution.

(3) The passing of a resolution under this section shall be a reserved function for the purposes of the County Management Acts, 1940 to 1955, and for the purposes of the Acts relating to the management of any county borough.

(4) Where a local authority pass a resolution under this section deciding to adopt Part III of this Act as on and from a specified day, that Part shall come into operation in relation to them on that day.

(5) Part III of this Act shall come into operation as provided by subsections (1) and (4) of this section and not otherwise.

(6) A reference in Part III of this Act to a local authority does not include a reference to any local authority in relation to whom that Part has not come into operation save where the reference is in relation to service as an officer.

(7) The commencement of Part III of this Act in relation to a local authority shall not have the effect of applying section 53 of the Act of 1925 to such local authority.

Expenses of the Minister.

6. —The expenses incurred by any Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.