Electricity (Supply) (Amendment) Act, 1942

• Permanent Page URL

Superannuation of certain persons.

5.—(1) This section applies to every person who—

(a) at any time after the passing of the Principal Act and before the passing of this Act, suffered loss of employment by reason of the closing of a generating station in pursuance of an order under section 61 of the Principal Act; and

(b) was awarded, under the First Schedule to the Principal Act, a pension for his life on account of such loss of employment; and

(c) subsequently entered or re-entered the service of the Board; and

(d) on the date of the passing of this Act is in the continuous employment of the Board; and

(e) is on the said date in receipt of the said pension; and

(f) if he had not at any time been transferred to the service of the Board by virtue of sub-section (9) or sub-section (11) of section 39 of the Principal Act, is on the said date not less than fifty-five years of age.

(2) In this section the expression “appropriate superannuation scheme” means, in relation to a person to whom this section applies, the superannuation scheme under the Electricity Supply Board (Superannuation) Act, 1942 (No. 17 of 1942), which would apply to him but for the provisions of sub-section (6) of section 7 of that Act.

(3) Any person to whom this section applies may, by application in writing made to the Board not later than one month after the confirmation by the Minister of the appropriate superannuation scheme, elect to receive from the Board the like superannuation benefits as those which he would be entitled to receive under the appropriate superannuation scheme if that scheme applied to him.

(4) The following provisions shall have effect in relation to every person to whom this section applies who makes, within the time limited by the next preceding sub-section of this section, the application mentioned in that sub-section, that is to say:—

(a) where such person leaves the service of the Board otherwise than on account of being discharged for misconduct, the pension awarded to him under the First Schedule to the Principal Act shall cease;

(b) such person shall be entitled to receive from the Board the like superannuation benefits as those which he would be entitled to receive under the appropriate superannuation scheme if that scheme applied to him;

(c) for the purposes of the superannuation benefits to which he is entitled under the next preceding paragraph of this sub-section, the remuneration and the service of such person shall be computed in accordance with the subsequent provisions of this section;

(d) the provisions contained in paragraphs (d), (e) and (f) of sub-section (3) and in sub-sections (4) and (6) of section 13 of the Electricity Supply Board (Superannuation) Act, 1942 (No. 17 of 1942), shall apply as if herein re-enacted in relation to such person.

(5) Where a person to whom this section applies who has not made, within the time limited by sub-section (3) of this section, the application mentioned in that sub-section, leaves the service of the Board otherwise than on account of being discharged for misconduct, the pension awarded to him under the First Schedule to the Principal Act shall cease and, in lieu thereof, he shall be paid by the Board an allowance for life, not exceeding two-thirds of his remuneration, calculated at the rate of one-sixtieth of his remuneration for each year of his service.

(6) For the purposes of whichever of the two next preceding sub-sections of this section apply to him—

(a) the remuneration of a person to whom this section applies shall be taken to be the aggregate of—

(i) the annual amount of the pension awarded to him under the First Schedule to the Principal Act, and

(ii) the average annual amount paid to him by the Board (otherwise than on account of the said pension) during the three years ending on the day on which he leaves the service of the Board, and

(b) the service of a person to whom this section applies shall be taken to be the aggregate of—

(i) the service in respect of which he was awarded his pension under the First Schedule to the Principal Act, and

(ii) his continuous service (both before and after the passing of this Act) in the employment of the Board after his entry into that employment subsequent to being awarded the said pension.

(7) No superannuation scheme under the Electricity Supply Board (Superannuation) Act, 1942 (No. 17 of 1942), shall apply to or enable superannuation benefits thereunder to be received by any person to whom this section applies.

(8) Where a person is entitled to superannuation benefit or an allowance under this section from the Board, he shall not be entitled to any other superannuation benefits or allowance from the Board.

(9) All expenses incurred by the Board under this section shall be defrayed as part of the general expenses of the Board.