Limerick Corporation Gas Undertaking (Pensions) Act, 1929

• Permanent Page URL

Number 1 (Private) of 1929.

LIMERICK CORPORATION GAS UNDERTAKING (PENSIONS) ACT, 1929.

ARRANGEMENT OF SECTIONS

SCHEDULE.

Number 1 (Private) of 1929.

LIMERICK CORPORATION GAS UNDERTAKING (PENSIONS) ACT, 1929.

AN ACT TO ENABLE THE MAYOR, ALDERMEN AND BURGESSES OF THE COUNTY BOROUGH OF LIMERICK TO GRANT PENSIONS OR ALLOWANCES IN CERTAIN CASES TO ARTISANS WORKMEN LABOURERS OR SERVANTS HERETOFORE EMPLOYED IN CONNECTION WITH THE GAS UNDERTAKING OF THE SAID MAYOR ALDERMEN AND BURGESSES. [23rd April, 1929.]

16 and 17 Vict. c.194.

WHEREAS by the Limerick Improvement Act 1853 certain powers were (amongst others) conferred upon the Mayor Aldermen and Burgesses of the Borough of Limerick (hereinafter referred to as “the Corporation”) as to the lighting of the Borough with Gas:

41 and 42 Vict. c.160.

AND WHEREAS by the Limerick Corporation Gas Act 1878 certain further powers and duties as to the lighting of the Borough with gas were conferred upon the Corporation and by the said Act it was provided that the gas undertaking of the Corporation should be managed and controlled by the Corporation acting by the Borough Council and with the assistance of the Gas Committee constituted by the said Act in whom certain powers and duties relating to the management of the said gas undertaking were vested:

AND WHEREAS the Corporation have recently undertaken certain works for the improvement of the said gas undertaking by the erection and installation of modern plant and machinery including vertical retorts and by the laying of new mains and replacing existing mains within the area supplied by the said gas undertaking:

AND WHEREAS the erection and installation of the said modern plant and machinery will enable the Gas Committee to reduce the number of their employees in connection with the said gas undertaking and will involve the dismissal of certain artisans workmen labourers and servants heretofore employed in connection with the said gas undertaking:

AND WHEREAS it is expedient that the Corporation should be empowered to grant and pay compensation by way of pensions or allowances in certain cases to artisans workmen labourers and servants heretofore in the employment of the Gas Committee:

AND WHEREAS the purposes of this Act cannot be effected without the authority of the Oireachtas:

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

Interpretation of Terms.

1.—In this Act—

The expression “the Corporation” means the Mayor Aldermen and Burgesses of the County Borough of Limerick acting by the Borough Council;

The expression “Gas Committee” means the Gas Committee for the time being elected under the provisions of the Limerick Corporation Gas Act 1878;

The expression “employee” means an artisan or workman or labourer or servant who is or has been employed by the Gas Committee devoting the whole of his working time to such employment;

The expression “service” means the period during which an employee has been continuously employed ending on the last pay day of such employee;

The expression “average weekly wage” means the average amount paid to an employee as wages in each week during the last three years of his service provided that payments for work on Sunday or for overtime shall not be taken into account in the computation of such average weekly wage;

The expression “the Minister” means the Minister for Local Government and Public Health.

Corporation to execute Act.

2.—This Act shall be carried into execution by the Corporation and it shall be lawful for the Corporation from time to time to delegate to the Gas Committee any of the powers rights and duties of the Corporation under this Act as the Corporation may from time to time deem necessary or expedient.

Establishment of Superannuation Fund.

3.—(1) Subject to the provisions hereinafter contained the Corporation may establish a fund to be called the Superannuation Fund and the said fund shall be established for the payment of compensation authorised by this Act and the Corporation may pay into such fund out of the revenue of the gas undertaking such annual sums as the Corporation with the consent of the Minister may from time to time determine.

(2) The Superannuation Fund shall be applied in the payment of compensation granted to employees under the provisions of this Act.

(3) The moneys received by the Corporation by way of revenue from the gas undertaking may be applied for the purposes authorised by this Act in addition to the purposes authorised by section 40 of the Limerick Corporation Gas Act 1878 as amended by the Local Government Board (Ireland) Provisional Order Confirmation (No. 2) Act 1918.

(4) The payment into the said Superannuation Fund may be made after providing for the payments directed by the paragraphs of section 40 of the Limerick Corporation Gas Act, 1878, as amended as aforesaid commencing with the words “firstly” “secondly” and “thirdly” respectively and before providing for the reserve fund as directed by the paragraph of the said section commencing with the word “fourthly.”

Power to grant compensation.

4.—Subject to the provisions of this Act the Corporation may in their discretion with the consent of the Minister grant compensation to any employee with not less than ten years service who was in the employment of the Gas Committee on the 1st day of January 1928 and whose employment shall have been determined by the Gas Committee prior to the 31st day of December 1929 for a cause other than misconduct or incompetence.

Manner in which compensation shall be granted.

5.—Any compensation granted to any employee with not less than twenty years service shall be granted by way of weekly pension during the lifetime of the employee and any compensation granted to any employee with less than twenty years service shall be granted by way of a fixed sum.

Calculation of weekly allowance.

6.—(1) A weekly pension granted to any employee shall not exceed one-sixtieth of the average weekly wage of such employee multiplied by the number of completed years of service of such employee.

(2) In computing the amount of any such weekly pension the Corporation may add years to the service of any employee who shall have given continuous satisfaction in his employment for not less than twenty years but such added years shall not exceed five in the case of any employee with less than thirty years service and shall not exceed seven in the case of any employee who has service of thirty years or upwards.

(3) Where the Corporation adds years to the service of any employee such added years shall be deemed to be completed years of service for the purpose of computing the amount of the weekly pension ascertainable under the provisions of sub-section (1) of this section.

Maximum weekly allowance.

7.—(1) The amount of the weekly pension granted to any employee shall not exceed two-thirds of the average weekly wage of such employee.

(2) Whenever a person who is in receipt of a weekly pension under this Act is re-employed in any capacity by either the Corporation or the Committee then

(a) if the weekly rate of payment in respect of such re-employment is equal to or greater than the average weekly wage of such person prior to the award of such weekly pension, the weekly pension shall cease to be paid so long as the said person continues to be so reemployed, and

(b) if the weekly rate of payment in respect of such re-employment is less than the average weekly wage of such person prior to the award of such weekly pension no more of the said weekly pension shall be paid to such person than with the weekly rate of payment in respect of such re-employment will be equal to the previous average weekly wage of such person.

Maximum fixed sum.

8.—The amount of compensation granted to any employee by way of a fixed sum shall not exceed one-twentieth of the average weekly wage of such employee multiplied by the number of his completed weeks of service.

Provision in certain cases.

9.—Notwithstanding anything contained in this Act the Corporation may on the determination of the employment of each of the employees named in the first column of the Schedule to this Act pay to such person during his life a weekly pension of an amount not exceeding the amount set out in the second column of said Schedule opposite his name.

Power to make Rules.

10.—The Corporation may with the consent of the Minister make rules regulating the management and administration of the said Superannuation Fund and the procedure to be adopted with reference to the grant or payment of compensation under this Act.

Prohibition of alienation of compensation.

11.—(1) Every assignment of and every charge on and every agreement to assign or charge any compensation granted under this Act shall be void.

(2) No compensation granted under this Act shall be capable of being taken in execution or otherwise alienated by process of law for the payment of any debts or liabilities of the person to whom such compensation was granted.

Costs of Act.

12.—All the costs charges and expenses incurred by the Corporation or the Gas Committee preliminary to and of and incidental to the preparation application for and obtaining and passing of this Act or in relation thereto including the costs of compliance with the provisions of the Borough Funds (Ireland) Act 1888 shall be paid out of the revenue and assets of the gas undertaking of the said Corporation.

Short title and construction.

13.—(1) This Act may be cited as the Limerick Corporation Gas Undertaking (Pensions) Act, 1929.

(2) This Act shall be construed as one with the Limerick Gas Act 1878 as amended by the Local Government Board (Ireland) Provisional Order Confirmation (No. 2) Act 1918.

SCHEDULE.