Local Government Staffs (War Service) Act 1939
| Jurisdiction | UK Non-devolved |
| Citation | 1939 c. 94 |
| Year | 1939 |
Local Government Staffs (War Service) Act, 1939
(2 & 3 Geo. 6.) CHAPTER 94.
An Act to make provision with respect to the war service of clerks and deputy clerks of the peace, coroners and persons employed by local and public authorities and certain undertakers, and to prevent persons being disqualified for membership of a local authority by reason of employment in civil defence service or being disqualified for such employment by reason of such membership.
[5th September 1939]
Be 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, as follows:—
Civil Remuneration.
1 Payments to make up civil remuneration.
(1) Where a person serving in any capacity specified in the first column of the Schedule to this Act (hereafter in this section referred to as ‘his civil capacity’) ceases so to serve in order to undertake war service, the appropriate authority shall have power to make to or in respect of him such payments as are hereafter in this section provided.
(2) While any such person is engaged in war service, the appropriate authority may pay to him, or to or for the benefit of his wife or other dependants nominated by him, a sum which shall not exceed the remuneration which he would have received if he had continued to serve in his civil capacity, after deducting therefrom the amount of his war service pay.
(3) In the event of the notification of the death of any such person whilst engaged in war service, or of his having become missing while so engaged, being given by the authority competent in that behalf, the appropriate authority may, during a period not exceeding twenty-six weeks from the date of the notification, pay to or for the benefit of his wife or other dependants such sum as might have been paid to him under the last preceding subsection if he had been so engaged during that period:
Provided that, in fixing the sum to be paid under this subsection, regard shall be had to any pension or other sum payable to or for the benefit of the wife or other dependants out of public or charitable funds.
(4) In this section the expression ‘appropriate authority,’ in relation to a person serving in any capacity specified in the first column of the Schedule to this Act, means the authority specified in the second column of that Schedule in relation to that capacity.
2 Medical officers of health and sanitary inspectors.
(1) Where—
(a ) a person serving a local authority as a medical officer of health or sanitary inspector ceases so to serve in order to undertake war service; and
(b ) one-half of his salary is payable by any other authority or authorities under any enactment to which this section applies;
then, if and so long as some other person is appointed to act temporarily in his absence on war service, that enactment shall have effect as if for references to one-half of the salary of the officer there were substituted references to one-half of the aggregate of—
(i) any sums actually paid by the local authority under section one of this Act to the person undertaking war service or to or for the benefit of his wife or other dependants; and
(ii) the salary of the person appointed as aforesaid.
(2) This section applies to the following enactments, namely—
(a ) section one hundred and nine of the Local Government Act, 1933 ;
(b ) paragraph 3 of the First Schedule to the Public Health Act, 1936 ; and
(c ) section twelve of the Public Health (London) Act, 1936 , or section eighty of the London Government Act, 1939 .
Superannuation.
3 Superannuation rights.
(1) Where a person serving in any superannuable capacity specified in the first column of the Schedule to this Act (hereafter in this section referred to as ‘his civil capacity’) ceases so to serve in order to undertake war service, the period of his war service shall, for superannuation purposes, be aggregated with the period of his service in his civil capacity and reckoned—
(a ) in relation to any employment in relation to which he is entitled, for the purposes of the Local Government Superannuation Acts, 1937 and 1939, to reckon as contributing service his service immediately before he ceased so to serve, as a period of contributing service;
(b ) in relation to any employment in relation to which he is entitled, for the purposes of those Acts, to reckon as non-contributing service his service immediately before he ceased so to serve, as a period of non-contributing service; and
(c ) in relation to any employment to which a special superannuation enactment applies, as a period of service in his civil capacity.
(2) If any such person—
(a ) dies during his period of war service; or
(b ) is prevented, in consequence of being permanently incapacitated by injury or disease received or contracted during that period, from resuming service in his civil capacity; or
(c ) attains during his period of war service the age of compulsory retirement applicable in relation to his civil capacity, or the age at which he would, if he had been serving in that capacity, have become entitled to a superannuation allowance;
he shall be deemed for superannuation purposes to have been serving in his civil capacity at the time of his death, or at the time when he should have resumed service in that capacity, or at the time at which he attained the age in question, as the case may be.
(3) Where for the purpose of calculating the amount of superannuation allowance due to any such person, it is necessary to take account of his remuneration in respect of any period of war service which, by virtue of the foregoing provisions of this section is aggregated with the period of his service in his civil capacity, the amount of his remuneration during that period shall be deemed to have been the amount by reference to which the calculation would have been made if he had continued to serve during that period in his civil capacity.
(4) Where a person in the employment of an officer of a local authority, and engaged wholly or mainly in the performance of duties relating to the functions of that authority, ceases to be so employed in order to undertake war service, the period of his war service shall be deemed, for the purpose of subsection (6) of section twelve of the Local Government Superannuation Act, 1937 , to be a period of service in the employment of an officer of that authority.
4 Payment of contributions.
(1) Where a person serving in any superannuable capacity specified in the first column of the Schedule to this Act (hereafter in this section referred to as ‘his civil capacity’) ceases so to serve in order to undertake war service and, immediately before he ceased so to serve, was liable to make contributions for superannuation purposes in respect of his service in his civil capacity, the following provisions of this section shall have effect as respects the payment of such contributions during the period of his war service.
(2) For any part of the period of his war service for which—
(a ) payments are being made to or in respect of him under subsection (2) of section one of this Act; or
(b ) the amount of his war service pay is not less than the remuneration which he would have received if he had continued to serve in his civil capacity;
any such person shall contribute to the superannuation fund or other fund out of which a superannuation allowance might become payable to him the like amounts at the like times as if he had continued to serve in his civil capacity, and the appropriate authority shall pay any contribution which in that event it would have been liable to pay to that fund.
(3) For any other part of the period of his war service the appropriate authority, if the superannuation allowance to which any such person might become entitled would be payable out of a superannuation fund, may pay in respect of him to that fund the aggregate amount which he would have been liable to contribute to that fund had he continued to serve in his civil capacity, together with any contribution which in that event that authority would have been liable to pay to that fund:
Provided that, for the purpose of any provision of the Local Government Superannuation Acts, 1937 and 1939, or of a special superannuation enactment, relating to the return of contributions on his ceasing to be employed in his civil capacity or dying, any payments made by the appropriate authority under this subsection shall be disregarded.
(4) The last foregoing subsection shall not apply to a person who ceased to serve as a probation officer (other than a probation officer in the City of London) in order to undertake war service, but during any part of the period of war service of such a person, except such part as is mentioned in subsection (2) of this section, the probation authority shall pay to the superannuation fund established by any rules or scheme relating to the superannuation of such an officer amounts equal to the aggregate of—
(a ) any sums which he would have contributed to the fund if he had continued to serve in his civil capacity; and
(b ) any contributions which in that event the probation authority would have paid to the fund;
at the times at which in that event the authority would have paid the last mentioned contributions.
(5) Contributions payable under subsection (2) of this section by any person engaged in war service—
(a ) shall be recovered by the appropriate authority by way of deduction from any sums which it is authorised or liable to pay to him or to or for the benefit of his...
To continue reading
Request your trial