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10 1956

LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1956

PART V.

Financial Provisions.

Local authority by whom payment is to be made.

55. —(1) Where—

(a) a lump sum, allowance or gratuity is granted under this Act by a local authority, or

(b) a local authority are required by this Act to make a refund,

the lump sum, allowance, gratuity or refund shall be paid—

(i) in case such local authority are a vocational education committee—by the local authority who pay under the Vocational Education Act, 1930 (No. 29 of 1930), the annual local contribution to the expenses of the committee,

(ii) in case such local authority are a committee of agriculture for a county—by the council of that county,

(iii) in case such local authority are a committee of a single local authority—by that single local authority,

(iv) in any other case—by such local authority.

(2) Where under this Act a local authority are required to refund any portion of a payment mentioned in subsection (1) of this section, the refund shall be made to the local authority by whom the payment was made under that subsection.

(3) A payment made by a local authority pursuant to subparagraph (i) of subsection (1) of this section shall not be reckoned for the purpose of any limitation on the amount of any annual local contribution payable by the local authority under the Vocational Education Act, 1930 (No. 29 of 1930), as amended by any subsequent enactment.

(4) There shall be paid out of moneys provided by the Oireachtas to a local authority paying any lump sum, allowance or gratuity granted under this Act by a vocational education committee, in aid of the rate or fund out of which the lump sum, allowance or gratuity is paid, one-half of every payment made by the local authority in respect of the lump sum, allowance or gratuity.

Area of charge of payment of local authority.

56. —(1) Subject to any order made under subsection (7) of section 10 of the Local Government Act, 1946 (No. 24 of 1946), as amended by section 50 of the Local Government Act, 1955 (No. 9 of 1955), a sum payable by a local authority under this Act in respect of a period during which a person was an officer or servant of such local authority shall be charged on the area on which the remuneration of such person would have been charged if he had continued to hold the same office or employment under such local authority.

(2) A sum payable by a local authority under this Act in respect of a period during which a person was an officer or servant of another local authority shall be charged on the area on which the expenses incurred by the first-mentioned local authority in supplying moneys to the other local authority are charged.

(3) Where a lump sum, allowance or gratuity is granted under this Act by a local authority to or in respect of an officer or servant and in computing the amount thereof a period of service under another local authority has been reckoned, the payment of the lump sum, allowance or gratuity by the first-mentioned local authority shall be regarded for the purposes of this section as solely in respect of service of such person under them.

Refunds in certain cases.

57. —(1) Where a lump sum, allowance or gratuity is paid under this Act to or in respect of any person by a local authority (in this section referred to as the paying authority) and, in determining the amount thereof, any period of service not under the paying authority (not being service referred to in subparagraph (ii) or (iii) of paragraph (g) of subsection (1) of section 11, paragraph (h) of subsection (1) of section 11 or paragraph (g) of subsection (1) of section 34 of this Act) has been reckoned, the appropriate authority shall refund to the paying authority a part of the lump sum, allowance or gratuity.

(2) In subsection (1) and the subsequent subsections of this section “the appropriate authority” means—

(a) in case the period of service not under the paying authority that has been reckoned was service in the civil service—the Minister for Finance,

(b) in case that period of service has been reckoned under subparagraph (i) of paragraph (g) of subsection (1) of section 11 of this Act—the Secondary Teachers' Superannuation Fund or the Primary Teachers' Superannuation Fund (as may be appropriate),

(c) in any other case—the body under whom was served the period of service not under the paying authority that has been reckoned.

(3) The part of the lump sum, allowance or gratuity referred to in subsection (1) of this section shall be determined as follows:

(a) in case the period of service not under this Act that has been reckoned was service in the civil service, it shall be determined by the Minister for Finance,

(b) in case that period of service has been reckoned under subparagraph (i) of paragraph (g) of subsection (1) of section 11 of this Act, it shall be determined by agreement between the paying authority and the appropriate authority or, in default of agreement, by the Minister with the consent of the Minister for Finance,

(c) in any other case, it shall be determined by agreement between the paying authority and the appropriate authority or, in default of agreement, by the Minister (after consultation, where the appropriate authority are a harbour authority, with the Minister for Industry and Commerce).

(4) Subsection (1) of this section shall not apply where the period of service not under the paying authority that has been reckoned is a period in respect of which contributions have been repaid under subsection (3) of section 25 or subsection (3) of section 45 of this Act.

(5) Where a lump sum, allowance or gratuity is paid to or in respect of any person under the Superannuation Acts or a marriage gratuity is granted by the Minister for Finance and, in determining the amount thereof, any period of service under a local authority has been reckoned, the local authority shall refund to the Minister for Finance such part of the lump sum, allowance or gratuity or of the marriage gratuity as the Minister for Finance may determine.

(6) For the purposes of subsection (1) and subsection (5) of this section—

(a) service under a committee of a local authority shall be deemed to have been service under that local authority, and

(b) service under a local authority who have ceased to exist shall be deemed to be service under the successor, as determined by the Minister, of that local authority.

(7) Notwithstanding the foregoing provisions of this section, two authorities may make and carry out an agreement that neither of them shall make refunds under those provisions to the other.

(8) Where service under a local authority capable of being reckoned under this Act is reckoned on the grant of any superannuation benefit by a mental hospital authority, harbour authority or body approved of for the purposes of paragraph (f) of subsection (1) of section 11 or paragraph (f) of subsection (1) of section 34 of this Act, the local authority may make the appropriate refunds to that authority or body.

(9) Payments made by the Minister for Finance under this section shall be made out of moneys provided by the Oireachtas.

Agreements in relation to contributions.

58. —Notwithstanding any other provision of this Act, a local authority and any other body (including a local authority) referred to in this Act may make and carry out an agreement that neither of them shall make to the other any repayments or recoupments in respect of contributions which would otherwise be proper to be made pursuant to this Act.

Recovery of payment by Minister of State.

59. —(1) Any sum which is required by this Act to be paid, repaid, returned or refunded by a person to a Minister of State may, without prejudice to its being recovered in any other manner, be recovered by deducting it in whole or in part from any money payable by any Minister of State for any purpose whatsoever to such person.

(2) The power to deduct under subsection (1) of this section shall be subject and without prejudice to the claims of the Guarantee Fund under the Land Purchase Acts.