Local Government (Superannuation) Act, 1956

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Interpretation.

2.—In this Act—

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

“the Act of 1948” means the Local Government (Superannuation) Act, 1948 (No. 4 of 1948);

“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;

“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 subsection (1) of section 2 of the Superannuation Act, 1936 (No. 39 of 1936);

“emolument” means, subject to sections 26 and 46, any apartments, rations, or other perquisites 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 and all fees, poundage and commission of an officer or servant as such for his own use;

“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);

“fire brigade officer” means an officer of a fire brigade authority under the Fire Brigades Act, 1940 (No. 7 of 1940), who is whole-time as such and whose duties include attendance at fires;

“fire brigade servant” means a servant of a fire brigade authority under the Fire Brigades Act, 1940 (No. 7 of 1940), who is whole-time as such and whose duties include attendance at fires;

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

“local authority” means, subject to subsection (6) 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 1955, 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;

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

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

“mental hospital servant” means 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 Minister” means the Minister for Local Government;

“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);

“pensionable local service”—

(a) in relation to a pensionable officer, has the meaning assigned to it in section 12 of this Act, and

(b) in relation to a pensionable servant, has the meaning assigned to it in section 35 of this Act;

“pensionable officer” means an officer of a local authority whose name is entered in the register of pensionable officers maintained by such local authority under section 7 of this Act;

“pensionable servant” means a servant of a local authority whose name is entered in the register of pensionable servants maintained by such local authority under section 30 of this Act;

“permanent officer” means an officer whose appointment was, at the time thereof, declared to be an appointment in a permanent capacity;

“registrable 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

(d) is a midwife whose name is entered under section 28;

“salary” means, subject to section 26, payments as salary to an officer as such for his own use and, in the case of an officer who is suspended or absent on leave and who, as respects the period of suspension or absence, does not receive a part of the payments as salary to him for his own use which he would have received if he had not been suspended or absent on leave, includes that part;

“servant” includes a person holding any of the offices mentioned in section 17 of the Local Government Act, 1941 (No. 23 of 1941), other than the office of coroner, but does not include a mental hospital servant;

“service day” means—

(a) a day on which the servant worked in a wholetime capacity for one or more than one local authority, the work not being work (other than work in a supervisory capacity or work calling for special experience or skill which is not given to him by reference to the provision of employment for him or the relief of his distress) 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,

(b) a day (other than a Sunday) in respect of which the servant was given paid leave,

(c) a day (other than a Sunday) in respect of which the servant was paid compensation under the Workmen's Compensation Acts, 1934 to 1955 by a local authority, provided that the accident occurred on a day such as is referred to in paragraph (a) of this definition and that either—

(i) the whole of the period in respect of which the compensation was paid was not more than one year, or

(ii) where the whole of the period in respect of which the compensation was paid was more than one year, the day occurred during such portion of the period as was before the expiration of one year from its commencement, or

(d) a day (other than a Sunday or a day on which he was on permanent service) on which the servant was attending and performing his duty as a member of the Reserve Defence Force on full pay;

“the Superannuation Acts” means the Superannuation Acts, 1834 to 1954;

“unfitness” means unfitness of an officer or servant for his office or employment, but does not include unfitness due to infirmity of mind or body or old age;

“wages” means, subject to section 46, payments as wages to a servant as such for his own use and—

(a) in the case of a servant who is suspended or absent on leave and who, as respects the period of suspension or absence, does not receive a part of the payments as wages to him for his own use which he would have received if he had not been suspended or absent on leave, includes that part, and

(b) in the case of a servant being paid compensation under the Workmen's Compensation Acts, 1934 to 1955, by a local authority, includes the wages that he would have received if he had not been in receipt of such compensation.