asked the Minister for the Environment (1) the present and (2) proposed system of appeals available to servants of local authorities and health boards against decisions affecting service, pensions, gratuities, etc., and if any statutory or other rules prevent an aggrieved employee from making an appeal.
Written Answers. - Local Authority Employees Superannuation.
422.
Section 66 of the Local Government (Superannuation) Act, 1956, contains the general provisions under which a servant who is aggrieved by the failure or refusal of a local authority to make a superannuation award in his respect or to return his superannuation contributions, or who is aggrieved by the amount of any such award has a right of appeal to the Minister for the Environment. The section also specifies time limits for the making of such appeals. Section 65 of the Act provides for the giving to a servant on request of a statement of particulars of a superannuation award which a local authority proposes to grant to him on retirement and extends the appeal provisions of section 66 to such statements.
In accordance with subsection (6) of section 44 no appeal lies under section 66 against the non-return of superannuation contributions in the case of a servant discharged for misconduct. However, the working party set up in 1976 to review the local authority superannuation code recommended, inter alia, in an interim report published in 1977 that where a local authority servant was discharged for misconduct before the coming into operation of the Unfair Dismissals Act, 1977, he should, notwithstanding the provisions of subsection (6) of section 44 have a right of appeal against the non-return of his contributions. The recommendations of the working party are in operation with Government approval in anticipation of legislation. The necessary legislative cover is being provided in the Local Government (Superannuation) (No. 2) Bill, 1979, now before the Seanad.