Mental Treatment Act, 1945
|
Reckoning of service with mental hospital authority on grant of superannuation allowance by local authority other than mental hospital authority. |
91.—(1) All service, whether continuous or not continuous, of an officer or servant of a mental hospital authority shall, in case he becomes an officer or servant of a local authority other than a mental hospital authority, be aggregated and reckoned for the purposes of granting and calculating any superannuation allowance which may be payable to him by such local authority. | |
(2) Notwithstanding sub-section (1) of this section— | ||
(a) whenever and so often as an officer or servant of a mental hospital authority leaves their service and the period of his continuous service with them ending on the date when he leaves their service is less than twelve months, his service during that period shall not be capable of being aggregated or reckoned in accordance with sub-section (1) of this section; | ||
(b) service in relation to which a payment has been made under sub-section (1) or sub-section (2) or sub-section (4) of section 86 of this Act shall not be aggregated or reckoned in accordance with sub-section (1) of this section unless such payment is returned to the mental hospital authority by whom it was paid. | ||
(3) Where a payment is returned to a mental hospital authority under sub-section (2) of this section and a contribution has been made under this Part of this Act to such payment by another mental hospital authority, the first-mentioned authority shall return to such other authority the amount of the contribution. | ||
(4) Where a superannuation allowance is payable by a local authority other than a mental hospital authority (in this sub-section referred to as the paying authority) to a person in respect of his ceasing to hold office or employment under them, and, in determining the amount of the allowance, any service of such person under a mental hospital authority (in this sub-section referred to as the contributing authority) has been reckoned in accordance with sub-section (1) of this section, the contributing authority shall refund to the paying authority a part of the allowance reckoned according to the service and pay or the contributions of such person under the contributing authority and to the circumstances under which he has ceased to hold office or employment under the paying authority, and such part shall be settled by agreement between the paying authority and the contributing authority or, in default of agreement, by the Minister. |