Local Government (Superannuation) Act, 1956

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Transitional provisions for Part II.

28.—(1) There shall be entered in the register, as from the commencement of this Part of this Act,—

(a) the name of every person whose name stood entered in the former register immediately before the commencement of this Part of this Act, and

(b) the name of every person whose name would have stood entered in the former register immediately before the commencement of this Part of this Act if he had made the application provided for by subsection (1) of section 37 of the Act of 1948.

(2) For the purposes of paragraph (b) of subsection (1) of this section, subsection (1) of section 37 of the Act of 1948 shall be regarded as having been enacted without the restriction as to not having reached the age of fifty-five years or the age of sixty years.

(3) It shall be the duty of a local authority to complete the entries in the register under this section (apart from entries made as a result of appeals under subsection (13) of this section) within six months after the commencement of this Part of this Act.

(4) Where a person registered under this section by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin had any period of service as an officer or servant of Irish Enterprises Ltd. or any of its predecessors, he shall be entitled to reckon that period as service.

(5) Where, as respects a person whose name is entered under paragraph (a) of subsection (1) of this section, the following conditions are complied with:

(a) immediately before he became an established officer within the meaning of the Act of 1948, he held a position in the civil service of the Government, and

(b) immediately before he commenced to hold that position, he had a period of service for the purposes of Part IV of the Act of 1925,

such person may reckon as service the period referred to in paragraph (b) of this subsection.

(6) No contribution under section 23 of this Act shall be required during a continuous period of service beginning on the commencement of this Part of this Act, from a person whose name is entered under this section if, immediately before the commencement of this Part of this Act, his name did not stand entered in the former register or, if it did stand so entered, he was not then a person liable to make contributions under the Act of 1948.

(7) (a) No contribution under section 23 of this Act shall be required, during a period of continuous service beginning on the commencement of this Part of this Act, from a person whose name is entered under this section, being a person referred to in paragraph (a) of subsection (1) of this section, if, immediately before his name was entered in the former register, subsection (5) of section 63 of the Act of 1948 applied to him or subsection (5) of section 63 of the Act of 1948 would have applied to him in case he had made an application under subsection (1) or subsection (2) of that section or if, immediately before his name was entered in the former register, he was a servant and subsection (5) of section 48 of this Act would apply to him but for his name having been so entered.

(b) For the purposes of paragraph (a) of this subsection, subsection (1) and subsection (2) of section 63 of the Act of 1948 shall each be regarded as having been enacted without the restriction as to not having reached the age of fifty-five years or the age of sixty years.

(8) No contribution under section 23 of this Act shall be required, during a continuous period of service after becoming a pensionable officer, from a person who, immediately before he became a pensionable officer, was a person to whom subsection (5) or (8) of section 48 of this Act applied.

(9) In the case of a person whose name is entered under this section, subsection (2) of section 13 of this Act shall have effect as if “or the officer is a part-time dispensary midwife” were added at the end of paragraph (a).

(10) (a) A person whose name is entered under this section in a case in which there is not an appeal under subsection (13) of this section, being a person whose continuous permanent service as an officer of a local authority ending on the commencement of this Part of this Act began before the 1st day of April, 1948, may, within twelve months after such commencement, give notice in writing to the local authority that the provisions specified in subsection (11) of this section are to apply in his case, and the said provisions shall thereupon so apply.

(b) A person whose name is entered under this section in a case in which there is an appeal under subsection (13) of this section, being a person whose continuous permanent service as an officer of a local authority ending on the commencement of this Part of this Act began before the 1st day of April, 1948, may, within six months after the determination of the appeal has been notified to him, give notice in writing to the local authority that the provisions specified in subsection (11) of this section are to apply in his case, and the said provisions shall thereupon so apply.

(11) The provisions referred to in subsection (10) of this section are the following:

(a) a lump sum shall not be granted pursuant to section 15 of this Act,

(b) in section 17 of this Act “one-sixtieth” shall be substituted for “one-eightieth” and “two-thirds” shall be substituted for “one-half”,

(c) section 18 of this Act shall not apply,

(d) in section 19 of this Act, “one-sixth” shall be substituted for “one-twelfth” in subsection (1) and “one and one-half times” shall be inserted in subsection (2) before “his pensionable remuneration”,

(e) sections 20 and 21 of this Act shall not have effect.

(12) Where the name of a person is entered under this section and the appointment to the office held by him when the entry is made was not, at the time thereof, declared to be an appointment in a permanent capacity, the said appointment shall be regarded for the purposes of this Part of this Act as having been then so declared.

(13) (a) A person aggrieved by the refusal or failure by a local authority to enter under this section his name in the register may, within twelve months after the commencement of this Part of this Act, appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be entered in the register as from the commencement of this Part of this Act and, in the latter case, the local authority shall enter the name in the register as from such commencement.

(b) A person aggrieved by the entry by a local authority under this section of his name in the register may, within twelve months after the commencement of this Part of this Act, appeal against the entry to the appropriate Minister and that Minister may either refuse the appeal or direct the deletion of the entry in the register and, in the latter case, the local authority shall delete the entry in the register as from such commencement.

(14) In this section “the former register” means such register as was maintained before the commencement of this Part of this Act by the local authority under section 8 of the Act of 1948.