Local Government (Superannuation) Act, 1956

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Grant of short service gratuity to pensionable officer.

19.—(1) Where a pensionable officer of a local authority having not less than one year and less than five years of pensionable local service ceases to hold his office, the local authority shall, in any of the cases specified in subsection (3) of this section, grant to him a gratuity of such amount, not exceeding one-twelfth of his pensionable remuneration, multiplied by the number of whole years in his pensionable local service, any odd fraction of a whole year being disregarded, as they consider proper.

(2) Where a pensionable officer of a local authority having not less than five years and less than ten years of pensionable local service ceases to hold his office, the local authority shall, in any of the cases specified in subsection (3) of this section, grant to him a gratuity of such amount, not exceeding his pensionable remuneration, as they consider proper.

(3) The cases referred to in subsection (1) and subsection (2) of this section are the following:

(a) where the officer has ceased to hold his office on account of being incapable of performing his duties by reason of permanent infirmity of mind or body;

(b) where the officer was removed from his office for a cause other than misconduct or unfitness;

(c) where the office of the officer was abolished;

(d) where the officer has resigned in a case in which his position was materially altered to his detriment by changes in its conditions made without reasonable cause,

subject to the exclusion of any case, being a case such as is specified in paragraph (b) or paragraph (c) of this subsection, in which the officer was removed or resigned from office under section 24 of the Local Government Act, 1941 (No. 23 of 1941), or that section as amended by section 17 of the Local Government Act, 1955 (No. 9 of 1955), in circumstances such that subsection (2) of the said section 24 does not, by virtue of subsection (3) of that section, apply.