Transport Act 1958

SECOND SCHEDULE.

Compensation of Certain officers and servants of the Board whose services are dispensed with.

Section 14.

1. In this Schedule “ remuneration” shall be construed as including any cost of living or other bonus.

2. Compensation shall be calculated in the manner set out in the Fourth Schedule to the Act of 1950, subject to the following paragraphs.

3. Where the compensation payable to a person consists of an annual sum, the annual sum payable to him after he reaches the age of 65 years shall be calculated as if, for every reference in paragraph 3 of the said Fourth Schedule to one-sixtieth or to any multiple of one-sixtieth, there were substituted a reference to one-eightieth or to the same multiple of one-eightieth, subject to a maximum of one-half of his annual remuneration and emoluments.

4. Where he has commuted any annual amount under section 42 of the Act of 1950, the annual sum payable under paragraph 3 shall be reduced by the annual amount so commuted.

5. If a person in receipt of an annual sum holds any office or employment remunerated out of moneys provided by the Oireachtas or out of the Central Fund or is employed by a local authority or a board or body established by or under an Act of the Oireachtas or Saorstát Éireann statute (including the Board) or by F16 [ Industrial Engineering Company Limited ] or by a company (in this paragraph called a State-sponsored company) incorporated under the Companies Acts, 1908 to 1924, in which the majority of the ordinary shares are held by or on behalf of a Minister of State or by a company in which the majority of the ordinary shares are held by or on behalf of a State-sponsored company F17 [ , any board or body aforesaid or Industrial Engineering Company Limited ] and the amount of the annual sum (before any commutation under section 42 of the Act of 1950 or reduction under this paragraph) together with his remuneration and emoluments under that office or employment for the time being exceeds his annual remuneration and emoluments from the Board on the date on which his services were dispensed with, the amount of the annual sum shall be reduced by the amount of such excess for the duration thereof.

6. The reference in paragraph 4 of the Fourth Schedule to the Act of 1950 to a dissolved undertaker shall include reference to the Board F17 [ and to the Company ] and to any railway undertaking transferred to the Board after the passing of this Act.

7. Where a person who is in receipt of an annual sum and to whom paragraph 4 of the Fourth Schedule to the Act of 1950 applies reaches the age of 65 years, the reduction thereafter falling to be made under subparagraph ( a) of that paragraph shall itself be reduced so that the aggregate of the amount of the annual sum and an amount equal to the annual value of the superannuation or benefit to which he is also entitled is not less than that aggregate as it stood immediately before he reached that age.

Annotations:

Amendments:

F16

Substituted (9.07.1963) by Transport Act 1963 (17/1963), s. 21(a), commenced on enactment.

F17

Inserted (9.07.1963) by Transport Act 1963 (17/1963), s. 21(b) and (c), commenced on enactment.

Modifications (not altering text):

C10

Application of schedule extended (28.07.1964) by Transport Act 1964 (30/1964), s. 9(4), commenced on enactment, as restricted (1.01.1968) by Redundancy Payments Act 1967 (21/1967), s. 48(1) and (2), S.I. No. 302 of 1967.

Compensation for employees of Board or Óstlanna Iompair Éireann Teoranta in cases of dismissal or transfer.

9.— ...

(4) If the Board or the Company dispenses with the services of a person referred to in subsection (3) of this section, he shall be paid by the Board or the Company, as the case may be, compensation calculated in accordance with the Second Schedule to the Act of 1958, and for the purpose of such calculation, in construing the said Second Schedule, that Schedule shall be deemed to contain the paragraph set out in subsection (3) of section 17 of the said Great Northern Railway Act, 1958.

...

Provision for officers and servants of Córas Iompair Éireann and Óstlanna Iompair Éireann Teoranta.

48.—(1) Section 9 of the Transport Act, 1964 , shall not apply to a person who, after the commencement of this Act, becomes an officer or servant of the Board unless such person was, or, but for a casual interruption of his employment, would have been, an officer or servant of the Board at such commencement and continues to be an officer or servant of the Board except for casual interruptions of employment.

(2) Where, before the commencement of this Act, a person is in receipt of compensation under section 9 of the Transport Act, 1964 , subsection (1) shall not operate to diminish his right to such compensation.

C11

Schedule 2 construed (16.07.1958) by Great Northern Railway Act 1958 (20/1958), s. 17(3), commenced on enactment.

Compensation for employees of Board and former employees of outgoing Board in cases of dismissal or transfer.

17.— ...

(3) A person to whom this section applies shall be entitled to compensation under section 14 of the Transport Act, 1958, to the same extent and on the same conditions as a person to whom that section applies, but, in construing for the purposes of this subsection the Second Schedule to the Transport Act, 1958, that Schedule shall be deemed to contain an additional paragraph as follows:

“8. (a) References in the Fourth Schedule to the Act of 1950 to a former transport company shall be construed as including references to the Great Northern Railway Board and the Great Northern Railway Company (Ireland).

(b) References in the said Fourth Schedule to a former road transport licensee shall be construed as including references to, a person who was the holder of a passenger licence, within the meaning of the Road Transport Act, 1932 , or of a merchandise (existing carrier’s) licence within the meaning of the Road Transport Act, 1933 , and whose said licence was transferred to the Great Northern Railway Board or the Great Northern Railway Company (Ireland).

(c) For the purpose of reckoning the pensionable service of a person under the said Fourth Schedule—

(i) the pensionable service shall include any service (having been with a former road transport licensee within the meaning of the said Fourth Schedule or of that Schedule as extended by subparagraph (b) of this paragraph) which is recognised for the purpose of an existing superannuation scheme as defined in section 15 of the Great Northern Railway Act, 1958, and

(ii) if the person was taken into the employment of the Board as a specially qualified person at an age exceeding that at which transport service usually began, his pensionable service may be increased by the addition of such number of years as may seem just.”

C12

Schedule 2 construed (16.07.1958) by Great Northern Railway Act 1958 (20/1958), s. 18(7), commenced on enactment.

Compensation for employees of Irish Railway Clearing House in cases of dismissal or transfer

18.— ...

(7) In construing for the purposes of this section the Second Schedule to the Transport Act, 1958 ...

(a) in paragraph 5 of the said Second Schedule “the Irish Railway Clearing House or” shall be inserted before “a local authority” and “from the Irish Railway Clearing House” shall be substituted for “from the Board”;

...