Superannuation - Law Dictionary Search Results
Home Dictionary Name: superannuationSuperannuation Acts, 1834-1935
Superannuation Acts, 1834-1935, (English) for pen-sioning the civil servants of the Crown or public authorities.The (English) principal Act is the Superannuation Act, 1859 (4 & 5 Will. 4, c. 42), which as amended by the Superannuation Acts, 1909 (9 Edw. 7, c. 10), and 1935 (25 & 26Geo. 5, c. 44), fixes the scale of pension at 10/60ths and 10/80ths for entrants after 30th September, 1909, of the average annual salary of the three years before retirement, and see (in the specified cases) s. 4 of the 1935 Act, on retirement after ten years' service, and gives an additional 1/60th or 1/80th for every additional year of service up to the fortieth year.As to local authorities, see (English) Local Govern-ment and other Officers Superannuation Act, 1922 (12 & 13 Geo. 5, c. 59), an adoptive Act; schools (elementary), School Teachers (Superannuation) Acts, 1918-1924; others, Teachers (Superannuation) Acts, 1918-1924; others, Teachers (Superannuation Acts), 1918-1935. See Chitty's Statutes, tit. ...
Superannuation
Superannuation, connotes a distinct meaning. It ordinarily means, unless otherwise provided for in the statute, that not only he reaches the age of superannuation thereof, but also becomes entitled to the retiral benefits thereof including pension. 'Voluntary retirement' could have fallen within the afore-mentioned expression, provided it was so stated expressly in the scheme, HEC Voluntary Retd. Emps. Welfare Society v. Heavy Engineering Corporation Ltd., AIR 2006 SC 1420.Superannuation, in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which the employer shall vacate the employment. [Payment of Gratuity Act, 1972 (39 of 1972), s. 2(r)]In relation to an employee, who is the member of the Pension Scheme means the attainment, by the said employee, of the age of fifty eight years. [Emp-loyees' Provident Funds and Miscellaneous Pro-visions Act, 1952 (19 of 1952), s. 2(ll)]The wo...
Retirement, superannuation
Retirement, superannuation, though the word 'retirement' may take within its fold all or any kind of retirement when the same is used in the context of 'superannuation' or retirement by way of superannuation, in service parlance the well-settled meaning is that it has relevance and relates to discharge from a post on account of the age fixed for such retirement, uniformly for all or a particular class or category of service-holders, R.N. Rajannra v. State of Karnataka, (2004) 1 SCC 249 (251)....
Superannuation and termination
Superannuation and termination, means the former takes place automatically on an employee reaching a particular age for which a notice is not required. Hence, the latter cannot include the former. The import of two is entirely different, PKG Udyog Sangh v. Jit Ram, (1975) Lab IC 1484 (Punj)....
Asyium
Asyium [fr. aovlov, Gk., a place free from violence], (1) a sanctuary of refuge; (2) (in an obsolete sense) a place set apart for the treatment and habitation of persons of unsound mind. See (English) Lunacy Act, 1890 to 1922, where the term meant an asylum provided by any local authority under those Acts, but by s. 20 of the (English) Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23), these asylums are to be called MENTAL HOSPITALS and for any references in any public or local act, order, regulation or other document to 'asylums' references to Mental Hospitals are to be substituted, and see also the (English) Army and Air Force Act, 1931 (21 Geo, 5, c. 14), s. 5.Criminal Lunatics (English) Act, 1884 (47 & 48 Vict. c. 64), deals with detention, etc. of criminal lunatics, e.g., the Broadmoor Criminal Lunatic Asylum.The (English) Asylum (now the Mental Hospital) Officers Superannuation Act, 1909 (9 Edw. 7, c. 48), makes provision for superannuation allowances for officers and servants, ...
National insurance
National insurance. The (English) National Insur-ance Act, 1911 (1 & 2 Geo. 5, c. 55), introduced by Mr. Lloyd George, established a wide system of compulsory state insurance covering both ill-health and unemployment, which is based upon premiums contributed in part by the employer, in part by the employee, and in part by the State. The Act consisted of three parts, the first dealing with National Health Insurance, the second with Unemployment Insurance, and the third contained miscellaneous provisions. This Act remained the basis of National Health Insurance, although the subject of very extensive amendment, until the National Health Insurance Act, 1924, consolidated the law. The law has been consolidated again by the (English) National Health Insurance Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 32), amends and repeals the whole of the Acts passed in 1920, 1922, 1924 and 1928. The arrangement is as follows:-Part I. Insured Persons and Contributions.Part II. Benefits.Part III. Approved Soc...
Actuary
Actuary, a registrar of a public body. Also a clerk who registers the acts and constitutions of the Lower House of Convocation; or a registrar in a Court Christian. Especially a person skilled in calculating the value of life interests, annuities, and insurances. The (English) Local Government and other Officers' Superannuation Act, 1922 (12 & 13 Geo. 5, c. 59), defines actuary as meaning a fellow of the Institute of Actuaries or the Faculty of Actuaries in Scotland. The Institute of Actuaries was formed in 1848 and incorporated by royal charter on July 29, 1884.An actuary possessing such qualifications as may be by regulations made by authority. [Insurance Act (4 of 1938), s. 2(a)]Means a person skilled in determining the present effects of future contingent events or in finance modelling and risk analysis in different areas of insurance, or calculating the value of life interests and insurance risks, or designing and pricing of policies, working out the benefits, recommending rates r...
Compulsory retirement
Compulsory retirement, compulsory retirement does not involve civil consequences and therefore it is not necessary to afford to a Government servant an opportunity to show cause against his compulsory retirement, E. Vankateswara Naidu v. Union of India, (1973) 1 SCC 361: AIR 1973 SC 698 (701): (1973) 3 SCR 216.The heading 'Compulsory Retirement' is wide enough to include premature retirement within its fold, S.C. Jain v. State of Haryana, (1985) 4 SCC 645: AIR 1986 SC 169: (1985) Supp 3 SCR 727.A compulsory retirement does not amount to dismissal removal and, therefore, does not attract the provisions of Article 311 of the Constitution, Shyamlal v. State of Uttar Pradesh, AIR 1954 SC 369 (375): (1955) 1 SCR 26. [Constitution of India, Art. 311]For the judicial officers allowed to superannuate at the age of 58 years and the expressions such as compulsory retirement on attaining the age of 58 years according to the procedure for compulsory retirement under the rules, Bishwanath Prasad Si...
Except as otherwise provided in the other clauses of this rule
Except as otherwise provided in the other clauses of this rule, The words 'except as otherwise provided in the other clauses of this rule' appearing in Rule 161 (1)(a) make the general rule of superannuation at the age of 58 years subject to other clauses of that rule. This is to say, the government is empowered to provide for different ages of compulsory retirement for different classes of government servants, N.C. Dalwadi v. State of Gujarat, (1987) 3 SCC 611: AIR 1987 SC 1933: (1987) 3 SCR 640....
Gratuity
Gratuity, it is a kind of retirement benefit like the provident fund or pension. At one time it was treated as payment gratuitously made by the employer to his employee at his pleasure but as a result of a long series of decisions of industrial tribunals gratuity has now come to be regarded as a legitimate claim which workmen can make and which, in a proper case, can give rise to an industrial dispute. Gratuity paid to workmen is intended to help them after retirement, whether the retirement is the result of the rules superannuation or of physical disability, Indian Hume Pipe Co. Ltd. v. Workmen, AIR 1960 SC 251: (1960) 2 SCR 32.Gratuity is a retiral benefit and can be earned as a matter of right on fulfilling the conditions subject to which it is earned, any rule conferring absolute discretion not testable on reason, justice or fair play must be treated as utterly arbitrary and unreason-able and discarded, Sudhir Chandra Sarkar v. Tata Iron and Steel Co. Ltd., AIR 1984 SC 1064 (1071):...
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