Local Authorities (Electrical Employees) Act, 1937

• Permanent Page URL

Number 13 of 1937.

LOCAL AUTHORITIES (ELECTRICAL EMPLOYEES) ACT, 1937.

ARRANGEMENT OF SECTIONS

Number 13 of 1937.

LOCAL AUTHORITIES (ELECTRICAL EMPLOYEES) ACT, 1937.

AN ACT TO MAKE SPECIAL PROVISION IN RELATION TO THE SUPERANNUATION RIGHTS OF EMPLOYEES OF A LOCAL AUTHORITY WHO WERE TRANSFERRED BY STATUTE TO THE ELECTRICITY SUPPLY BOARD AND SUBSEQUENTLY RETURN TO THE SERVICE OF SUCH LOCAL AUTHORITY OR ITS SUCCESSOR. [21st May, 1937.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions.

1.—In this Act—

the expression “local body” has the same meaning as it has in Part IV of the Local Government Act, 1925 (No. 5 of 1925);

the expression “the Board” means the Electricity Supply Board;

the expression “the Act of 1927” means the Electricity (Supply) Act, 1927 (No. 27 of 1927);

the expression “authorised undertaker” and the word “undertaking” have the same meanings respectively as they have in the Act of 1927;

the expression “former undertaker” means a local body which was an authorised undertaker whose undertaking was acquired by the Board under the Act of 1927;

the word “successor” when used in relation to a former undertaker means a local body to which the general powers, duties, and functions and the officers and servants of such former undertaker have, after the acquisition by the Board of the undertaking of such former undertaker, been transferred by statute.

Preservation of superannuation rights.

2.—(1) Where a person in the employment of a former undertaker became, on the acquisition by the Board of the undertaking of such former undertaker, a servant of the Board by virtue of section 39 of the Act of 1927 and was subsequently transferred (whether before or after the passing of this Act) directly from the employment of the Board to the employment of such former undertaker or of a successor of such former undertaker, then and in such case, whenever the service of such person is being determined for the purpose of ascertaining whether he is or is not entitled to an allowance or gratuity on ceasing to be employed by such former undertaker or such successor or any other local body and for the purpose of ascertaining the amount of such allowance or gratuity, such person shall, provided he was continuously in the employment of the Board from the date on which he so became a servant of the Board to the date on which he was so transferred from the employment of the Board, be entitled—

(a) if he was so transferred from the employment of the Board to the employment of such former undertaker, to reckon his service in the employment of the Board as service in the employment of such former undertaker, or

(b) if he was so transferred from the employment of the Board to the employment of a successor of such former undertaker, to reckon both his service in the employment of such former undertaker and his service in the employment of the Board as service in the employment of such successor.

(2) Whenever an allowance or gratuity is payable by a local body to any person in respect of his ceasing to be employed by such local body and, in ascertaining the service of such person at the date of such cesser, any service of such person in the employment of the Board has, by virtue of this Act, been aggregated and reckoned, the Board shall refund to such local body a part of such allowance or gratuity, reckoned according to the service and pay of such person in the employment of the Board and to the circumstances in which he has ceased to be employed by such local body, and the amount of such part shall, in default of agreement between such local body and the Board, be fixed by the Minister for Local Government and Public Health.

Short title.

3.—This Act may be cited as the Local Authorities (Electrical Employees) Act, 1937.