Local Government (Superannuation) Act, 1956
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Reckoning service of pensionable officer. |
11.—(1) A pensionable officer of a local authority shall be entitled to reckon as service any of the following: | |
(a) service as a pensionable officer of the local authority or of any other local authority, | ||
(b) service as a pensionable servant of the local authority or of any other local authority, | ||
(c) service during which he was a mental hospital officer or servant and which he was entitled to reckon as service for the purposes of Part VIII of the Mental Treatment Act, 1945 (No. 19 of 1945), or any earlier enactment corresponding to the said Part VIII, | ||
(d) service in a pensionable position under a harbour authority, | ||
(e) service which is reckonable for the purposes of the Superannuation Acts (or which, had it continued until the commencement of section 7 of the Social Welfare Act, 1950 (No. 14 of 1950), would have been reckoned by virtue of that section for the purposes of the Superannuation Acts) being service continuous with subsequent service as a pensionable officer or pensionable servant of the local authority or any other local authority or with subsequent service in a position in which service for the purposes of those Acts is reckonable, | ||
(f) service (to such extent as the Minister either generally or in any particular case may approve) in a pensionable position under a body approved of by the Minister for the purposes of this paragraph on the basis of being a body granting pension rights such that they and the pension rights provided for by this Act are reciprocal generally, | ||
(g) service as respects an officer of a vocational education committee that consists of— | ||
(i) any period of pensionable service as a secondary or national school teacher other than any period, contributions being payable in respect of service during that period, in respect of which such contributions were not paid, | ||
(ii) any period as a secondary teacher that ceased before the latest date on which he could have opted for membership of the Secondary Teachers' Superannuation Schemes and that is certified by the Minister for Education as service that could have been reckoned as pensionable and gratuity service for the purpose of those Schemes, subject to compliance by the officer with such conditions (including payment of contributions to the local authority) as the Minister for Education requires as a condition of issuing such certificate, or | ||
(iii) a period of not less than five years, or periods of not less than five years in the aggregate,— | ||
(I) which began after the officer attained the age of twenty-one years and ended before the 31st July, 1924, and | ||
(II) as respects which the Minister for Education is satisfied that during the whole period thereof such officer devoted the whole of his time under the direction of Connradh na Gaeilge to the teaching of the Irish language or to the organisation of such teaching, | ||
(h) having been a servant of a local authority, service with the Defence Forces as respects which and to the extent to which the Minister, after consultation with the Minister for Defence, considers that it would have been service as a servant of the local authority, but for its being service with the Defence Forces. | ||
(2) In paragraph (a) and paragraph (e) of subsection (1) of this section “service as a pensionable officer” shall be deemed to include service— | ||
(a) which, at any time before the commencement of this Part of this Act, the officer was entitled to reckon under Part II of the Act of 1948 (for this purpose subsection (1) of section 13 of the Act of 1948 being regarded as having been enacted without paragraph (b)), | ||
(b) which the officer would, at any time before the commencement of this Part of this Act, have been entitled to reckon under Part II of the Act of 1948 if section 18 of that Act had been enacted with paragraph (b) omitted therefrom, or | ||
(c) which, immediately before the commencement of this Part of this Act, he was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him. | ||
(3) Where, as respects a pensionable officer,— | ||
(a) he had a period of service for the purposes of Part IV of the Act of 1925 or for the purposes of such Act passed before the Act of 1925 and relating to superannuation as may have applied to him, and | ||
(b) the period specified in paragraph (a) of this subsection was immediately succeeded by a period of service in a position service in which is, apart from subsection (2) of this section, capable of being reckoned by him under this Act, | ||
such person shall, as respects the period specified in paragraph (a) of this subsection, be entitled to reckon it as service. | ||
(4) In paragraph (b) of subsection (1) of this section “service as a pensionable servant” shall be deemed to include service (being service which, apart from this subsection, would not be service as a pensionable servant) as a servant of a local authority which is service that the officer would have been entitled to reckon for superannuation purposes if he had continued to be such servant. |