Local, Government (Superannuation) Act, 1948
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Particulars of benefits in advance of retirement. |
78.—(1) Where an officer or servant of a local authority intends to retire from his office or employment on a particular date, he may, not later than six months and not earlier than twelve months before that date, give to the local authority notice in writing stating— | |
(a) that he intends to retire on that date, | ||
(b) the reasons for which he intends to retire, | ||
(c) that he wishes to be given particulars of his benefits on retirement. | ||
(2) Where an officer or servant gives to a local authority a notice under this section stating that he wishes to be given particulars of his benefits on retirement, the local authority shall within two months give to the officer or servant a statement showing— | ||
(a) whether they intend on such retirement to exercise any power given to them by this or any other Act to grant to him any lump sum, allowance or gratuity or to return to him any contributions or to add any years to his service or to increase or reduce the amount of any lump sum or allowance to which he may be entitled, | ||
(b) where they intend to exercise any power such as is mentioned in paragraph (a) of this subsection, particulars of the manner in which they intend to exercise the power, | ||
(c) the amount of every (if any) lump sum, allowance or gratuity or return of contributions to which, in their opinion having regard to their intentions stated in pursuance of paragraphs (a) and (b) of this subsection, he will be entitled on such retirement, | ||
but where they propose to include in the statement their intention to exercise any power the exercise of which requires the consent or sanction of the Minister, they shall not give the statement unless and until the Minister approves thereof. | ||
(3) The provisions of section 73 of this Act (or, in the case of the exercise of a power under any other Act, any corresponding provisions of that Act) shall apply in relation to a statement of intentions given by a local authority under paragraph (a) or (b) of subsection (2) of this section as if the contemplated retirement to which the statement relates had taken place and as if such intentions were decisions taken by the local authority on the date when the statement was given. | ||
(4) Where— | ||
(a) the intended retirement of an officer or servant of a local authority referred to in a notice under subsection (1) of this section takes place on the date mentioned and for the reasons stated in the notice, and, | ||
(b) the intentions of the local authority shown in the statement given to him in pursuance of paragraphs (a) and (b) of subsection (2) of this section, or, if those intentions have been varied by the Minister on appeal, those intentions as so varied, are implemented, | ||
the said intentions, as implemented, shall not then be subject to any appeal. |