Local, Government (Superannuation) Act, 1948
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Ascertainment of continuance of infirmity. |
69.—(1) Where an allowance is granted under this Act to a person who is under the age specified for that allowance in subsection (2) of this section on the ground that he is incapable of performing his duties by reason of permanent infirmity of mind or body, the following provisions shall have effect: | |
(a) the local authority by whom the allowance is payable shall, until such person reaches the said age, ascertain from time to time whether his infirmity continues and, for that purpose, may, if they think fit, arrange for medical examinations and require him to submit himself thereto; | ||
(b) if such person fails wilfully or refuses to submit himself to any such medical examination, the allowance shall cease to be paid; | ||
(c) if not less than two registered medical practitioners nominated by such local authority certify that such person's infirmity has ceased and he has been offered a pensionable office or employment under a local authority of a kind similar to his former office or employment and at a rate of remuneration not less than that at which he was paid immediately before he ceased to hold his former office or employment, such local authority shall, subject to the sanction of the Minister, cancel the allowance and thereupon it shall cease to be paid. | ||
(2) The age referred to in subsection (1) of this section is— | ||
(a) for an allowance granted to a fire brigade officer or servant—fifty-five years, | ||
(b) for any other allowance—sixty years. | ||
(3) If a person to whom an allowance was granted in respect of a period of pensionable local service is offered in pursuance of paragraph (c) of subsection (1) of this section a new office or employment and accepts it, and the allowance is cancelled under this section, the following provisions shall have effect on his ceasing to hold the new office or employment: | ||
(a) for the purposes of paragraph (a) of section 13 or paragraph (a) of section 42 of this Act, such period shall be regarded as not being a period in respect of which he has received a lump sum or allowance; | ||
(b) any lump sum or gratuity granted to him or his legal personal representative under Part II or Part III of this Act shall be reduced by the amount of the lump sum (if any) granted to him with the allowance; | ||
(c) such period shall be regarded as continuous with his period of service in the new office or employment and the period during which he was in receipt of the allowance shall be disregarded. | ||
(4) Any dispute between a local authority and a person as to whether a new office or employment offered to such person is, for the purposes of paragraph (c) of subsection (1) of this section, of a kind similar to his former office or employment shall be decided by the appropriate Minister whose decision shall be final. |