Local Government Act, 1925
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Compensation for loss of emoluments on transfer of duties. |
56.—(1) Whenever an officer of a board of guardians which has before the passing of this Act been abolished under the provisions of the Local Government (Temporary Provisions) Act, 1923 , has continued after such abolition to perform duties previously performed by him by virtue of his office under such board, and in the opinion of the Minister the emoluments received by such officer for the performance of such duties were not taken into account in determining the amount of compensation payable to him in respect of the loss of his office under the said board, such officer shall upon his ceasing (whether before or after this Act) for any reason other than misconduct or incapacity to perform the duties aforesaid, be entitled to receive from the county council by which the compensation aforesaid was payable, and in addition thereto, such amount of compensation for the loss of the emoluments aforesaid as the Minister shall determine. | |
(2) Every existing clerk of a board of guardians which was not abolished under a county scheme before the passing of the Electoral Act, 1923 (No. 12 of 1923), who has ceased or shall hereafter cease by virtue of that Act to perform duties in respect of the registration of electors previously performed by him, and every existing clerk of a board of guardians which was not abolished under a county scheme before the passing of the Juries (Amendment) Act, 1924 (No. 18 of 1924), who has ceased or shall hereafter cease by virtue of that Act to perform duties in respect of the preparation or revision of lists of jurors previously performed by him, shall be entitled to receive from the board of guardians or from the body to whom the liabilities of such board have or shall have been transferred (as the case may require) such compensation as the Minister may determine for the loss of the emoluments previously received by him in respect of the several duties aforesaid or such of them as he has or shall have so ceased to perform. | ||
In this sub-section the expression “existing clerk” means a clerk who was in office on the last day of March, 1898. | ||
(3) The amount of the compensation payable to any person under this section shall not exceed— | ||
(a) where the compensation is by way of annual allowance, an annual allowance equal to two-thirds of the net loss of emoluments, or | ||
(b) where the compensation is by way of gratuity a sum not greater than one-sixth of his net loss of emoluments. | ||
In this sub-section the expression “net loss of emoluments” means— | ||
(i) where the duties the cesser of which gives rise to the right to compensation have or shall have been performed for three years or more, the average amount of the emoluments received in respect of the performance of those duties during each of the three years next preceding such cesser in which those duties have or shall have been actually performed, and | ||
(ii) where such duties have or shall have been performed for less than three years, the average yearly amount of the emoluments received in respect of the performance of those duties during the period in which those duties have or shall have been performed. |