Superannuation (Amendment).

A

BILL

ΤΟ

B

Amend the Asylums Officers' Superannuation
Act, 1909.

E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows:

PART I.
GENERAL.

A.D. 1926.

struction.

1. This Act may be cited as the Asylums Officers' Short title Superannuation (Amendment) Act, 1926, and this Act and con10 and the Asylums Officers' Superannuation Act, 1909, shall be construed as one Act and may be cited together as the Asylums Officers' Superannuation Acts, 1909 and 1926.

2. Sections two, four, six, seven, ten, eleven, twelve Repeals. 15 and sixteen of the Asylums Officers' Superannuation Act, 1909 (hereinafter referred to as the principal Act), are hereby repealed.

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3. Subject to the provisions of this Act

Title of officers, servants,

(1) Any established officer or servant of the first
class who has been in the service of an &c., to
asylum for not less than twenty years, and superannua-
is not less than fifty-five years old or fifty tion
years old if a female, or who is permanently and scale
incapacitated for asylum duties after ten thereof.

allowances

A.D. 1926,

Superannuation (Amendment).

years' service by injury or illness, mental
or bodily, medically certified and not
attributable to his own misconduct, shall be
entitled, on resigning or otherwise ceasing
to hold office, or employment, to receive 5
during life or incapacity a superannuation
allowance, the annual amount of which
shall be computed at the rate of one-fiftieth
of his salary or wages and emoluments for
each completed year of service:
10

(2) Any established officer or servant of the
second class who has been in the service of
an asylum for not less than twenty years, and
is not less than sixty years old, or fifty
years old if a female, or who is permanently 15
incapacitated for asylum duties after ten
years' service by injury or illness, mental
or bodily, medically certified and not attri-
butable to his own misconduct, shall be
entitled, on resigning or otherwise ceasing to 20
hold office or employment, to receive during
life a superannuation allowance, the annual
amount of which shall be computed at the
rate of one-sixtieth of his salary or wages
and emoluments for each completed year of 25
service :

(3) The visiting committee of an asylum may,
in computing the amount of superannuation
allowance to any established officer or servant,
take into account any peculiar professional 30
qualifications or services or special circum-
stances entitling to consideration and, with
the consent of the Minister of Health, add a
number of years not exceeding ten to the
number of years which the officer or servant 35
has actually served in the aggregate :

(4) Where an established officer or servant of an
asylum is permanently incapacitated for
asylum duties-

(a) in the actual discharge of his duty; 40 and

(b) without his own default; and

(c) by some injury or illness specifically attributable to the nature of his duty;

5

Superannuation (Amendment).

the visiting committee of such asylum may A.D. 1926.
grant to him, or in the event of his death

to his widow or children, such gratuity or
special superannuation allowance as they
may consider reasonable:

Provided that a superannuation allowance shall not in any case exceed two-thirds of the salary or wages and emoluments of the superannuated person, and a gratuity granted under this section shall not exceed 10 two years' salary or wages and emoluments of the person to whom it is granted.

4. The visiting committee shall pay to the widow, Payments children, or, if the visiting committee think fit, to other to dependependants at the time of his death of any established dants in 15 officer or servant dying whilst in the service of the death of asylum the sum following, namely :

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case of

officer or

(a) If such established officer or servant die before servant.
completing ten years' service a sum equal to
the amount of his aggregate contributions under
this Act:

(b) If such established officer or servant die after
ten years' service a sum equal to one year's
salary or wages and emoluments:

(c) If such established officer or servant die after
fifteen years' service a sum equal to one-and-
a-half years' salary or wages and emoluments:
(d) If such established officer or servant die after
twenty years' service, a sum equal to two years
salary or wages and emoluments:

Provided that such sum may be paid at the discretion of the visiting committee in instalments spread over a period not exceeding three years.

in certain

5. If any person in receipt of a superannuation Payments allowance under this Act or the principal Act or entitled to depen35 to receive such an allowance at the time of his death, dants in shall die before he shall have received such superannua- cases. tion allowance for two years, the visiting committee shall pay to the widow, children, or other dependants of such person the difference between the superannuation 40 allowance which he shall have received and two years'

A.D. 1926.

Reckoning service.

Repayment

of contributions

in certain

cases.

Superannuation (Amendment).

6. All services by an established officer or servant in an asylum shall be aggregated and reckoned for the purposes of this Act, whether the services have been continuous or not, and whether they have been rendered at one or more asylums.

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7.-(1) An established officer or servant who has not become entitled to a superannuation allowance, and who loses his office or employment from any cause whatever other than voluntary resignation (or, in the case of a female, retirement on account of marriage) or 10 dismissal in consequence of an offence of a fraudulent character or of grave misconduct, shall be entitled to receive the aggregate amount of his contributions under this Act.

(2) The visiting committee of an asylum shall repay 15 to any established officer or servant leaving the service for any reason after not less than five years' aggregate service, or three years if, being a female, she leaves to be married or on account of marriage, the amount of his contributions under this Act, provided that he has not 20 been guilty of an offence of a fraudulent character or of grave misconduct; provided also that the visiting committee may, in their discretion, repay such contributions where such officer or servant leaves the service after less than five years' service.

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(3) If an officer or servant who has received his contributions under this section subsequently obtains a fresh office or employment in an asylum, he shall not be entitled to reckon his service before obtaining such fresh office or employment towards a superannuation 30 allowance under this Act, unless, upon obtaining such fresh office or employment he repays the amount so received to the visiting committee from whom he received it, in which case the said visiting committee shall immediately return the proportionate parts, if any, received by 35 them from other visiting committees to such visiting committee.

Age of 8. When an established officer or servant of the retirement. first class has attained the age of fifty-five, or an established officer or servant of the second class has attained 40 the age of sixty, or in the case of an established female officer or servant of either class has attained the age of fifty years and the visiting committee of the asylum