Local, Government (Superannuation) Act, 1948

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Definitions.

2.—In this Act—

the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925);

the expression “the appropriate Minister” means—

(a) in case the local authority in question are a vocational education committee, the Minister for Education,

(b) in case the local authority in question are a committee of agriculture, the Minister for Agriculture,

(c) in any other case, the Minister;

the expression “the civil service,” when used without qualification includes, in addition to the civil service of the Government the civil services mentioned in paragraphs (a), (b), (e) and (f) of sub-section (1) of section 2 of the Superannuation Act, 1936 (No. 39 of 1936);

the word “emolument” means any apartments, rations, or other perquisite in kind (or, as the case may require, a monetary payment given in lieu of such apartments, rations, or other perquisites) appertaining to an office or employment;

the expression “established officer” means an officer of a local authority whose name is entered in the register of established officers maintained by such local authority under section 8 of this Act;

the expression “established position”, when used in relation to the civil service, has the same meaning as it has in the Superannuation Act, 1936 (No. 39 of 1936);

the expression “established servant” means a servant of a local authority whose name is entered in the register of established servants maintained by such local authority under section 38 of this Act;

the expressions “fire brigade officer” and “fire brigade servant” mean respectively an officer or a servant of a fire brigade authority under the Fire Brigades Act, 1940 (No. 7 of 1940), coming within a class specified in regulations under section 71 of this Act;

the expression “harbour authority” means a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946);

the expression “local body” has the same meaning as it has in Part IV of the Act of 1925;

the expression “local authority” means, subject to subsection (7) of section 5 of this Act, any of the following bodies:—

(a) a local authority for the purposes of the Local Government Acts, 1925 to 1946, other than a mental hospital board,

(b) a vocational education committee,

(c) a committee of agriculture,

(d) a school attendance committee,

(e) the Dublin Fever Hospital Board,

(f) the Cork Fever Hospital Board;

the expression “mental hospital board” means a joint board within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945);

the expressions “mental hospital officer” and “mental hospital servant” mean respectively an officer or a servant whose duties relate wholly to the functions now vested in a mental hospital authority under the Mental Treatment Act, 1945 (No. 19 of 1945);

the expression “the Minister” means the Minister for Local Government;

the word “officer” does not include a mental hospital officer or a person holding any of the offices mentioned in section 17 of the Local Government Act, 1941 (No. 23 of 1941);

the expression “pensionable local service” means—

(a) in relation to an established officer, his pensionable local service determined under Part II of this Act,

(b) in relation to an established servant, his pensionable local service determined under Part III of this Act,

(c) in relation to a pensionable officer to whom Part IV of the Act of 1925 applies, his service for the purposes of the said Part IV,

(d) in relation to a pensionable officer to whom any Act passed before the Act of 1925 and relating to superannuation applies, his service for the purposes of that Act;

the expression “pensionable officer” means a permanent officer who—

(a) devotes the whole of his time to the service of one or more than one local authority,

(b) in the case of an officer who acts as superintendent registrar of births, deaths and marriages or as registrar of marriages, devotes the remainder of his time to the service of one or more than one local authority,

(c) is required to be a registered medical practitioner or a nurse or a midwife, or

(d) is a pensionable officer for the purposes of Part IV of the Act of 1925;

the expression “pensionable office” means the office of a pensionable officer;

the expression “permanent officer” means an officer other than an officer appointed—

(a) for a specified period only,

(b) until the completion of a specified work or duty,

(c) until the appointment of another person to the office, or

(d) during the absence or incapacity of another person;

the expression “permanent servant” means a servant whose employment is of a permanent and whole-time character and is not employment (other than employment in a supervising capacity) on any work or scheme of works the expenses of which are in whole or in part met from moneys provided by the Oireachtas for the provision of employment and the relief of distress;

the word “servant” does not include a mental hospital servant;

the expression “the Superannuation Acts” means the Superannuation Acts, 1834 to 1946;

the word “unfitness” means unfitness of an officer or servant for his office or employment, but does not include unfitness due to physical or mental infirmity or old age.