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S.I. No. 391/1986 - Local Government (Superannuation Revision) (Consolidation) Scheme, 1986.

S.I. No. 391/1986 - Local Government (Superannuation Revision) (Consolidation) Scheme, 1986. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1986 S.I. No. 391/1986 - Local Government (Superannuation Revision) (Consolidation) Scheme, 1986. S.I. No. 391/1986 - Local Government (Superannuation Revision) (Consolidation) Scheme, 1986. AmendmentsLeasuithe S.I. No. 391 of 1986. LOCAL GOVERNMENT (SUPERANNUATION REVISION) (CONSOLIDATION) SCHEME, 1986. The Minister for the Environment, in exercise of the power conferred on him by sections 2 and 5 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980), with the consent of the Minister for the Public Service, hereby makes the following Scheme: PART I. PRELIMINARY AND GENERAL. 1 Short Title. 1. This Scheme may be cited as the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986. 2 Commencement. 2. This Scheme shall be deemed to have come into force on the 27th day of May, 1977. 3 Interpretation. 3.

(1)In this scheme:— "the Act of 1925" means the Local Government Act, 1925 (No. 5 of 1925); "the Act of 1945" means the Mental Treatment Act, 1945 (No. 19 of 1945); "the Act of 1948" means the Local Government (Superannuation) Act, 1948 (No. 4 of 1948); "the Act of 1956" means the Local Government (Superannuation) Act, 1956 (No. 10 of 1956); "the appropriate Minister" means— (
  1. a)in case the local authority in question are a vocational education committee, the Minister for Education, and (
  2. b)in any other case, the Minister; "approved job-sharing scheme" means a scheme or arrangements for the sharing of a wholetime office or employment by two officers or two employees— (
  3. i)where, in relation to officers or employees of a vocational education committee or school attendance committee, a job-sharing scheme has been approved by the Minister for Education, (
  4. ii)where, in relation to officers or employees of a health board or other health body, a job-sharing scheme has been approved by the Minister for Health, and (iii) in any other case, where a job-sharing scheme has been approved by the Minister for the Environment; "civil service", when used without qualification, includes, in addition to the civil service of the Government, the civil services mentioned in paragraphs (a), (b), (
  5. e)and (
  6. f)of subsection
(1)of section 2 of the Superannuation Act, 1936 (No. 39 of 1936); "eligible employee" means— (
  1. a)an employee of a local authority, not being a pensionable servant and not being a registered employee, who,— (
  2. i)on the expiration of any local financial year, with effect from and including the local financial year ending on the 31st day of December, 1978, or (
  3. ii)during any local financial year, with effect from and including the local financial year ending on the 31st day of December, 1986, has had in that local financial year one hundred and thirty or more service days in relation to the local authority or to that local authority and any other local authority, and who did not give notice in writing under section 30
(2)or section 31
(1)(
  1. b)of the Act of 1956 in the month of January, 1978, that his name was not to be entered in or was to be removed from the register of pensionable servants maintained by a local authority under section 30 of the Act of 1956, or (
  2. b)a person who, on or after the 1st day of June, 1978, becomes an employee of a local authority who, immediately before becoming such employee, was a pensionable officer or a registered officer of the same or another local authority, a registered employee of such local authority or the holder of a position not under a local authority service in which is capable of being reckoned under this Scheme; "eligible officer" means— (
  3. a)a permanent officer whose appointment as such was made on or after the 1st day of June, 1978 and who, either— (
  4. i)devotes the whole of his time to the service of one or more than one local authority, (
  5. ii)is required to be a registered medical practitioner, or (iii) is sharing a wholetime office with one other officer under an approved job-sharing scheme, or (
  6. b)a person referred to in article 28
(1)or
(2); "employee" means an employee who is appointed or employed, otherwise than as an independent contractor or as an officer, by a local authority; "emolument" means, subject to articles 26 and 48, any apartments, rations, or other perquisites in kind (or, as the case may require, a monetary payment given in lieu of such apartments, rations, or other perquisites) appertaining to an office or employment and all fees, poundage and commission of an officer or employee as such for his own use together with any allowances in the nature of pay which are additional to salary or wages, other than payments, expenses or allowances in kind of the kind specified in article 26
(1)or 48
(1); "fire brigade employee" means an employee of a fire authority under the Fire Services Act, 1981 (No. 30 of 1981), who is wholetime as such and whose duties include attendance at fires; "fire brigade officer" means an officer of a fire authority under the Fire Services Act, 1981 (No. 30 of 1981), who is wholetime as such and whose duties include attendance at fires: "fully insured" means insured for all benefits under the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981); "harbour authority" means a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946); "health body" means a body within the meaning of section 2
(9)of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) other than a local authority, within the meaning of section 1 of that Act, or a health board; "local authority" shall have the meaning assigned to it in section 1 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) and in addition shall include a body within the meaning of section 2
(9)of that Act; "mental hospital employee" means a servant of a health board whose duties relate wholly to the functions of the board under the Mental Treatment Acts, 1945 to 1966 or the Health (Mental Services) Act, 1981 (No. 17 of 1981); "mental hospital officer" means an officer of a health board whose duties relate wholly to the functions of the board under the Mental Treatment Acts, 1945 to 1966 or the Health (Mental Services) Act, 1981 (No. 17 of 1981); "minimum retiring age" means, in the case of an officer to whom the provisions of sub-article
(2)or
(3)(a) of article 9 apply, or in the case of an employee to whom the provisions of sub-article
(2)or
(3)(a) of article 33 apply, 55 years and, in any other case, 60 years; "the Minister" means the Minister for the Environment; "officer" does not include a person holding any of the offices mentioned in section 17 of the Local Government Act, 1941 (No. 23 of 1941); "pensionable local service", in the case of an officer, has the meaning assigned to it in article 9 and, in the case of an employee, has the meaning assigned to it article 33; "pensionable officer" means a pensionable officer for the purposes of the Act of 1956; "pensionable servant" means a pensionable servant for the purposes of the Act of 1956; "personal weekly rate of old age contributory pension" means the Old Age (Contributory) Pension payable in the case of a person under eighty years at the rate set out in column
(2)of Part I of the Second Schedule to the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981); "the Register" means the Superannuation Revision Scheme Register maintained under article 4; "registered employee" means an employee whose name is entered in Part II of the Register; "registered officer" means an officer whose name is entered in Part I of the Register; "salary" means, subject to article 26, payments as salary to an officer as such for his own use and, in the case of an officer who is suspended or absent on leave and who, as respects the period of suspension or absence, does not receive a part of the payments as salary to him for his own use which he would have received if he had not been suspended or absent on leave, includes that part, together with— (
  1. a)allowances made to vocational teachers in respect of qualifications in accordance with the appropriate scales for the time being approved by the Minister for Education and the Minister for the Public Service, and (
  2. b)allowances in respect of the post of Principal, Vice-Principal, Grade A and Grade B posts of responsibility made to a vocational teacher who ceases to be a registered officer on or after the 30th day of June, 1978, in accordance with the appropriate scales for the time being approved by the Minister for Education and the Minister for the Public Service; "service day" means— (
  3. a)(
  4. i)a day on which the employee worked in a wholetime capacity for one or more than one local authority, the work not being work (other than work in a supervisory capacity or work calling for special experience or skill which is not given to him by reference to the provision of employment for him or the relief of his distress) on any work or scheme of works the expenses of which are in whole or in part met from moneys provided by the Oireachtas for the provision of employment and the relief of distress, or (
  5. ii)as respects a person who is an employee on or after the 10th day of January, 1984, a day on which he worked in a wholetime capacity for one or more than one local authority, (
  6. b)a day (other than a Sunday) in respect of which the employee was given paid leave, (
  7. c)a day (other than a Sunday) in respect of which the employee was paid compensation under the Workmen's Compensation Acts, 1934 to 1955, as continued by section 69 of the Social Welfare (Consolidation) Act, 1981 , by a local authority, provided that the accident occurred on a day such as is referred to in paragraph (
  8. a)of this definition and that either— (
  9. i)the whole of the period in respect of which the compensation was paid was not more than one year, or (
  10. ii)where the whole of the period in respect of which the compensation was paid was more than one year, the day occurred during such portion of the period as was before the expiration of one year from its commencement, (
  11. d)a day (other than a Sunday) in respect of which the employee was paid injury benefit or disablement benefit under Chapter 5 of Part II of the Social Welfare (Consolidation) Act, 1981 , provided that— (
  12. i)the accident occurred (or, as the case may be, the injury was sustained or the disease was contracted) on a day such as is referred to in paragraph (
  13. a)of this definition, (
  14. ii)either— (I) the whole of the period in respect of which the benefit was paid was not more than one year, or (II) where the whole of the period in respect of which the benefit was paid was more than one year, the day occurred during such portion of the period as was before the expiration of one year from its commencement, and (iii) in the case of a day in respect of which the employee was paid disablement benefit, it was a day on which he was incapable of work or unable, solely because of the said accident, injury or disease, to work in the manner referred to in paragraph (
  15. a)of this definition, (
  16. e)as respects a person who is a registered employee on or after the 10th day of January, 1984, a day (other than a Sunday) in respect of which he was not in receipt of wages by virtue solely of his entitlement to disability benefit on invalidity pension under Chapter 2 or 10, as appropriate, of Part II of the Social Welfare (Consolidation) Act, 1981 , subject to the proviso that had he not been entitled to the said disability benefit or invalidity pension he would have been in receipt of wages at a rate not less than one-half of the full rate otherwise applicable to him, (
  17. f)as respects a person who is a registered employee on or after the 10th day of January, 1984, a day on which, owing to illness which was certified by a registered medical practitioner (or in respect of which the local authority is satisfied that the absence was owing to illness) he was on leave from his employment, without pay, the day being a day in respect of which, had he been an officer of the local authority, he would have been granted salary or part salary, not being salary under Rule (
  18. iv)of sub-article
(1)of article 21 of the Local Government (Officers) Regulations, 1943 (S.R. & O. 1943, No. 161) or under any provision corresponding to that Rule, subject to the proviso that it immediately followed a day, such as is referred to in paragraph (a), (b), (c), (d), (
  1. e)or (
  2. g)of this definition and that it is not a day which is otherwise reckonable as a service day under this Scheme, or (
  3. g)a day (other than a Sunday or a day on which he was on permanent service) on which the employee was attending and performing his duty as a member of the Reserve Defence Force on full pay, and for the purposes of paragraphs (
  4. a)and (
  5. b)of this definition, as respects an employee who is sharing wholetime employment with another employee under an approved job-sharing scheme, shall be deemed to include any day on which he would have worked in a wholetime capacity or in respect of which he would have been given paid leave had he not been sharing his employment under such job-sharing scheme; "the Superannuation Acts" means the Superannuation Acts, 1834 to 1976; "unfitness" means unfitness of an officer or employee for his office or employment, but does not include unfitness due to infirmity of mind or body or old age; "wages" means, subject to article 48, payments as wages to an employee as such for his own use and— (
  6. a)in the case of an employee who is suspended or absent on leave and who, as respects the period of suspension or absence, does not receive a part of the payments as wages to him for his own use which he would have received if he had not been suspended or absent on leave, includes that part, (
  7. b)in the case of an employee who is being paid compensation under the Workmen's Compensation Acts, 1934 to 1955, as continued by section 69 of the Social Welfare (Consolidation) Act, 1981 , by a local authority, includes the wages that he would have received if he had not been in receipt of such compensation, (
  8. c)in the case of an employee who is being paid injury benefit or disablement benefit under Chapter 5 of Part II of the Social Welfare (Consolidation) Act, 1981 , includes, if the accident occurred (or, as the case may be, the injury was sustained or the disease was contracted) on a day such as is referred to in paragraph (
  9. a)of the definition of "service day" contained in this article and if, where he is being paid disablement benefit, he is incapable of work or unable, solely because of the said accident, injury or disease, to work in the manner referred to in the said paragraph (a), the wages that he would have received if he had not been in receipt of such benefit, and (
  10. d)as respects an employee who is entitled to reckon as service a day referred to in paragraph (
  11. e)or (
  12. f)of the definition of "service day" contained in this article, means the full rate of wages otherwise applicable to him.
(2)Paragraph (
  1. a)(
  2. ii)of the definition of "service day" contained in this article shall be applied for the purpose of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to articles 13 and 15 or 36 and 38 or a preserved pension pursuant to article 21 or 44 in relation to a registered officer or registered employee who ceased to hold his office or employment before the 10th day of January, 1984.
(3)In this Scheme, any reference to an article which is not otherwise identified is a reference to an article of this Scheme.
(4)In this Scheme, any reference to a sub-article, paragraph, subparagraph, clause or sub-clause which is not otherwise identified is a reference to the sub-article, paragraph, subparagraph, clause or sub-clause of the provisions in which the reference occurs.
(5)In this Scheme, references to provisions of the Social Welfare (Consolidation) Act, 1981 shall be construed, as respects matters arising before the coming into operation of that Act, as references to the corresponding provisions of the Social Welfare Acts, 1952 to 1980 which were repealed and re-enacted in that Act. 4 Register. 4.
(1)A local authority shall maintain a Superannuation Revision Scheme Register which shall have effect from the 27th day of May, 1977.
(2)Where a person becomes an eligible officer of a local authority, the local authority shall enter his name in Part I of the Register and shall notify him accordingly within one month.
(3)(
  1. a)Subject to paragraphs (b), (
  2. c)and (d), where a person becomes an eligible employee of a local authority, the local authority shall enter his name in Part II of the Register and shall notify him accordingly within one month. (
  3. b)Where the person becomes an eligible employee by virtue of paragraph (
  4. a)(
  5. i)of the definition of "eligible employee" in article 3, the local authority shall make the entry with effect from the expiration of the appropriate local financial year. (
  6. c)Where the person becomes an eligible employee by virtue of paragraph (
  7. a)(
  8. ii)of the definition of "eligible employee" in article 3, the local authority shall make the entry with effect from the date immediately following his one hundred and thirtieth service day. (
  9. d)Where the person becomes an eligible employee by virtue of paragraph (
  10. b)of the definition of "eligible employee" in article 3, the local authority shall make the entry with effect from the date of his becoming an employee of the local authority.
(4)An officer or employee of a local authority aggrieved by the refusal of or failure by the local authority to enter his name in Part I or Part II of the Register, as appropriate, may appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be entered in Part I or Part II of the Register, as appropriate, as from a specified date and, in the latter case, the local authority shall enter the name in the Register as from that date.
(5)A local authority shall keep the Register at all reasonable times at their principal office for inspection by their officers and employees and by either— (
  1. a)in the case of the corporation of a borough, the members of the council of the borough, or (
  2. b)in any other case, the members of the local authority. 5 Removal from Register. 5.
(1)A local authority shall remove from Part I of the Register the name of any person who ceases to be an eligible officer and shall notify him accordingly within one month.
(2)(
  1. a)Subject to paragraph (b), a local authority shall remove from Part II of the Register the name of any person who ceases to be an employee of the local authority and shall notify him accordingly within one month. (
  2. b)Notwithstanding paragraph (a), where it is the practice of a local authority to take from time to time any particular person into their employment as an employee after a period during which he is not so employed— (
  3. i)the local authority shall not remove the name of such person from the Register on any particular occasion when he ceases to be so employed unless they have decided not to so employ him again or he dies and, so long as his name remains in the Register on account of this paragraph, he shall for the purposes of articles 36, 40, 41, 43, 44 and 46
(2)be regarded as not having ceased to be so employed, and (ii) where, during any particular period when such person is not so employed by the local authority, they decide not to so employ him again or he dies they shall remove his name from the Register and, for the purposes of articles 36, 40, 41, 43, 44 and 46
(2), he shall be regarded as having then ceased to hold his employment.
(3)(
  1. a)The removal of a name from either Part I or Part II of the Register may be effected by a note on the Register indicating that the name has been removed and the date of the removal and the reinstatement of a name in the Register may be effected by a note on the Register indicating that the name has been reinstated and the date of the reinstatement. (
  2. b)A person aggrieved by the removal of his name by a local authority from Part I or Part II of the Register may, within six months after the removal is notified to him, appeal against the removal to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be reinstated in the Register and, in the latter case, the local authority shall reinstate the name in the Register.
(4)Where a registered officer or a registered employee of a local authority ceases to hold office or employment under them, they shall so inform any other local authority under whom such officer or employee holds any office or employment. PART II. REGISTERED OFFICERS. 6 General limitations on service to be reckoned by registered officer. 6.
(1)A provision of this Part of this Scheme entitling a registered officer to reckon as service any period shall be subject to the overriding qualification that he shall not be entitled so to reckon a particular period more than once nor shall he be entitled so to reckon any of the following: (
  1. a)any period as respects which, when ordinarily entitled to remuneration in respect of a position service in which is capable of being reckoned under this Scheme, he was not in receipt of that remuneration, being a period after the commencement of Part II of the Act of 1956 and not being a period continuous with a similar period ending on such commencement, nor, in the case of a member of the Reserve Defence Force, being a period commencing on or after the 1st day of January, 1981, in respect of which he is granted special leave without pay for attending training with that Force, (
  2. b)(
  3. i)any period in respect of which he has already received a lump sum, an allowance or a gratuity under this Scheme or any other scheme relating to superannuation or under any Act relating to superannuation service for the purposes of which is capable of being reckoned under this Scheme, unless, in the case of a gratuity, having been entitled to repay such gratuity, he has done so, or (
  4. ii)any period in respect of which he has already been granted a preserved pension or preserved lump sum under any scheme or Act relating to superannuation, (
  5. c)any period in respect of which any contributions for superannuation have been returned to him, unless, having been entitled to repay such contributions, he has done so, (
  6. d)any period before a date on which he was removed or discharged from his position for misconduct or for unfitness save— (
  7. i)where he is immediately appointed to or employed in a position service in which is capable of being reckoned under this Scheme, the date of such appointment or employment not being earlier than the 1st day of January, 1968, or (
  8. ii)as respects a person who is a registered officer on or after the 10th day of January, 1984, where he is either immediately or at a later date appointed to or employed in a position service in which is capable of being reckoned under this Scheme, and the local authority from whose service he was removed or discharged is satisfied that the service which he gave prior to such removal or discharge should be allowed to reckon, (
  9. e)being a person entitled to reckon under this Scheme service which is not under a local authority, any period of that service which he would have been unable to reckon if he had continued to hold the position in which he had that service, (
  10. f)any period before a date after the commencement of Part II of the Act of 1956, being a date before the 10th day of January, 1984, on which he absents himself from the place where he performs his duties under a local authority or refrains from performing those duties, such absence or refraining being deliberate and unauthorised, (
  11. g)(
  12. i)being a registered officer for whose office the Minister is the appropriate Minister for the purposes of Part II of the Local Government Act, 1941 (No. 23 of 1941), any period in respect of which salary is paid to him by virtue of Rule (
  13. iv)of sub-article
(1)of article 21 of the Local Government (Officers) Regulations, 1943 (S.R. & O. 1943, No. 161), other than such a period which began before the 27th day of May, 1977, (
  1. ii)being any other registered officer, any period in respect of which salary is paid to him by virtue of a provision corresponding to Rule (
  2. iv)of sub-article
(1)of article 21 of the Local Government (Officers) Regulations, 1943 S.R. & O. 1943, No. 161), other than such a period which began before the 27th day of May, 1977.
(2)Where a period of service of an officer of a local authority has, having regard to paragraph (f) of sub-article
(1), become forfeited— (
  1. a)the local authority shall give notice in writing of the forfeiture to the officer, (
  2. b)the officer may, not later than one month after notice has been given to him, appeal to the appropriate Minister against the forfeiture, (
  3. c)the appropriate Minister may either refuse the appeal or declare that all or part of the period of service shall be restored and, in the latter case, the said paragraph (
  4. f)shall have effect subject to the declaration.
(3)The provisions of sub-article
(1)(
  1. d)(
  2. ii)shall be applied as respects a registered officer who ceased to hold office before the 10th day of January, 1984, for the purpose of determining with effect from the said 10th day of January, the amount of an allowance pursuant to articles 13 and 15 or a preserved pension pursuant to article 21, subject to the proviso that the amount of any additional allowance so payable shall be reduced by one-quarter where the provisions of subsection
(11)of section 28 of the Act of 1956 apply by virtue of article 28
(4). 7 Reckoning wholetime service of registered officer 7.
(1)A registered officer of a local authority shall be entitled to reckon as service any of the following: (
  1. a)service as a pensionable officer or as a registered officer of the local authority or of any other local authority, subject to the proviso that any period during which he shared a wholetime office under an approved job-sharing scheme shall be reckoned as one-half of that period, (
  2. b)service as a pensionable servant or as a registered employee of the local authority or of any other local authority, (
  3. c)service during which he was a mental hospital officer or mental hospital employee and which he was entitled to reckon as service for the purposes of Part VIII of the Act of 1945, or any earlier enactment corresponding to the said Part VIII, (
  4. d)service in a pensionable position under a harbour authority, (
  5. e)(
  6. i)service which is reckonable for the purposes of the Superannuation Acts (or which, had it continued until the commencement of section 7 of the Social Welfare Act, 1950 (No. 14 of 1950), would have been reckoned by virtue of that section and section 313 of the Social Welfare (Consolidation) Act, 1981 for the purposes of the Superannuation Acts) being service continuous with subsequent service as a pensionable officer or pensionable servant or as a registered officer or registered employee of the local authority or any other local authority or with subsequent service in a position in which service for the purposes of those Acts is reckonable, (
  7. ii)as respects a person who is a registered officer on or after the 1st day of November, 1977, service which is reckonable for the purposes of the Superannuation Acts (or which, had it continued until the commencement of section 7 of the Social Welfare Act, 1950 (No. 14 of 1950), would have been reckoned by virtue of that section and section 313 of the Social Welfare (Consolidation) Act, 1981 for the purposes of the Superannuation Acts) being service which is succeeded, either immediately or at a later date, by service as a pensionable officer or pensionable servant or as a registered officer or registered employee of, the local authoirty or any other local authority, (
  8. f)service (to such extent as the Minister either generally or in any particular case may approve) in a pensionable position under a body approved of by the Minister for the purposes of this paragraph on the basis of being a body granting pension rights such that they and the pension rights provided for by this Scheme are reciprocal generally, (
  9. g)(
  10. i)any period of pensionable service as a secondary or national school teacher other than any period, contributions being payable in respect of service during that period, in respect of which such contributions were not paid, (
  11. ii)any period as a secondary teacher that ceased before the latest date on which he could have opted for membership of the Secondary Teachers' Superannuation Schemes and that is certified by the Minister for Education as service that could have been reckoned as pensionable and gratuity service for the purposes of those Schemes, subject to compliance by the officer with such conditions (including payment of contributions to the local authority) as the Minister for Education requires as a condition of issuing such certificate, or (iii) as respects a person who is an officer of a vocational education committee on or after the 10th day of January, 1984, one-half of any period of wholetime service as a teacher with a day trades preparatory school which was grant-aided by the Minister for Education, given prior to the 1st day of September, 1960, where he was fully qualified as a vocational teacher and would have been entitled to reckon such service if it had been under a vocational education committee, (
  12. h)having been an employee of a local authority, service with the Defence Forces as respects which and to the extent to which the Minister, after consultation with the Minister for Defence, considers that it would have been service as an employee of the local authority, but for its being service with the Defence Forces, (
  13. i)service as a pensionable officer or as a registered officer or a body established under the Health (Corporate Bodies) Act, 1961 to which this Scheme, or any scheme or regulations under the Local Government (Superannuation) Act, 1980 , has been applied under that Act or other service which would be reckonable by such body for the purposes of his superannuation, (
  14. j)not more than two years' emergency military service, not being service referred to in paragraph (h), where for such period the person— (
  15. i)held commissioned rank in the Defence Forces, or (
  16. ii)was serving as a soldier in the Defence Forces, or (iii) being an officer of the Reserve or a man of the Reserve was called out on permanent service in pursuance of section 221 of the Defence Forces (Temporary Provisions) Act, 1923 , subject to the proviso that a person shall not be entitled to reckon such service where he— (I) having been appointed to commissioned rank in the Defence Forces, was— (A) dismissed with ignominy from the Defence Forces, or (B) dismissed from the Defence Forces by sentence of a court-martial, or (C) dismissed under section 7 of the Defence Forces Act, 1937 , or (II) having been serving as a soldier in the Defence Forces, was— (A) discharged from the Defence Forces by sentence of a court-martial, or (B) discharged from the Defence Forces for any of the following reasons, namely, misconduct, wilfully making a false statement on attestation or conviction by the civil power, or (C) dismissed from the Defence Forces under the Emergency Powers (No. 362) Order, 1945, or under section 13 of the Defence Forces (Temporary Provisions) Act, 1946, or (III) was a person to, or in respect of, whom any payment was made under the Defence Forces (Pensions) Scheme, 1937, as amended, or the Army Pensions Acts, 1923 to 1980, unless such payment is refunded or reduced as the Minister for the Environment may consider appropriate, (
  17. k)not more than two years' service as a member of the army nursing service during the period beginning on the 2nd day of September, 1939 and ending on the 31st day of October, 1946, subject to the proviso that such service shall not be reckonable— (
  18. i)where pay as a member of the army nursing service was not payable to the person, (
  19. ii)where the person was dismissed from the army nursing service on the grounds of misconduct, or (iii) where the person was a person to or in respect of whom any payment was made under the Defence Forces (Pensions) Scheme, 1937, as amended, or the Army Pensions Acts, 1923 to 1980, unless such payment is refunded or reduced as the Minister for the Environment may consider appropriate.
(2)In paragraphs (
  1. a)and (
  2. e)of sub-article
(1)"service as a pensionable officer or as a registered officer" shall be deemed to include service— (a) which, at any time before the commencement of Part II of the Act of 1956, the officer was entitled to reckon under Part II of the Act of 1948 (for this purpose subsection
(1)of section 13 of the Act of 1948 being regarded as having been enacted without paragraph (b)), (
  1. b)which the officer would, at any time before the commencement of Part II of the Act of 1956, have been entitled to reckon under Part II of the Act of 1948 if section 18 of that Act had been enacted with paragraph (
  2. b)omitted therefrom, or (
  3. c)which, at any time before the commencement of Part II of the Act of 1956, he was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him.
(3)Where, as respects a registered officer,— (
  1. a)he had a period of service for the purposes of Part IV of the Act of 1925 or for the purposes of such Act passed before the Act of 1925 and relating to superannuation as may have applied to him, and (
  2. b)the period specified in paragraph (
  3. a)was at any time succeeded by a period of service in a position service in which is apart from sub-article
(2), capable of being reckoned by him under this Scheme, such person shall, as respects the period specified in paragraph (a), be entitled to reckon it as service.
(4)Where, as respects a registered officer,— (
  1. a)he had— (
  2. i)periods of wholetime service as a temporary officer of a local authority, or (
  3. ii)periods of wholetime unestablished service in the civil service rendered after attaining the age of sixteen years, and (
  4. b)the periods specified in paragraph (
  5. a)were at any time succeeded by a period of service in a position service in which is capable of being reckoned under this Scheme, such person shall, as respects the periods specified in paragraph (a), be entitled to reckon them as service.
(5)Where, as respects a registered officer,— (
  1. a)he had periods of wholetime service while employed as a personal assistant by an officer of a local authority under an arrangement approved of by that local authority, and (
  2. b)the periods specified in paragraph (
  3. a)were at any time succeeded by a period of service in a position service in which is capable of being reckoned under this Scheme, such person shall, as respects the periods specified in paragraph (a), be entitled to reckon them as service.
(6)In paragraph (b) of sub-article
(1)"service as a pensionable servant or as a registered employee" shall be deemed to include service (being service which, apart from this sub-article, would not be service as a pensionable servant or as a registered employee) as an employee of a local authority which is service that the officer would have been entitled to reckon for superannuation purposes if he had continued to be such employee.
(7)For the purposes of paragraphs (
  1. j)and (
  2. k)of sub-article
(1)— "the Act of 1923" means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923); "the army nursing service" means the nursing service established under the Act of 1923; "the Army" means the forces established under Part I of the Act of 1923; "the Defence Forces" means the forces established under Part I and Part III of the Act of 1923; "emergency military service" means any period during which a person described in paragraph (j) of sub-article
(1)was a member (whether as an officer or a soldier) of the Defence Forces and which— (
  1. i)falls within the period beginning on the 2nd day of September, 1939, and ending on the 31st day of October, 1946, (
  2. ii)is not a period in respect of which the person was not entitled to Army pay or, being an officer of the Reserve or a man of the Reserve, was not on permanent service; "the Reserve" has the meaning assigned to it by section 3 of the Act of 1923.
(8)Notwithstanding the provisions of section 63
(5)of the Act of 1945, a registered officer to whom the provisions of that section apply may elect to have the provisions of sub-article
(4)applied to him in lieu of the provisions of the said section 63
(5).
(9)The provisions of sub-article
(1)(g) (iii) shall be applied for the purpose of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to articles 13 and 15 or a preserved pension pursuant to article 21 in relation to a registered officer who ceased to hold office before the 10th day of January, 1984, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter where the provisions of subsection
(11)of section 28 of the Act of 1956 apply by virtue of article 28
(4). 8 Reckoning part-time service of registered officer. 8.
(1)Subject to sub-articles
(2)and
(6), where a registered officer of a local authority had former part-time service as an officer or as an employee of that local authority or of any other local authority he shall— (
  1. a)where he ceased to be a registered officer before the 10th day of January, 1984, provided he ceased to be fully insured on becoming a pensionable officer or pensionable servant or a registered officer or registered employee, or (
  2. b)where he is a registered officer on or after the 10th day of January, 1984, be entitled to reckon the part-time service as service, as follows: (
  3. i)where the part-time service was given prior to the 27th day of May, 1977, it shall be reckoned as to one-half of comparable wholetime service, and (
  4. ii)where the part-time service was given on or after the 27th day of May, 1977, it shall be reckoned in the proportion which the hours worked bear to comparable wholetime service.
(2)(
  1. a)Part-time service as a vocational school teacher shall be reckoned only in each school year where the officer had— (
  2. i)at least four hundred hours teaching service in that year, or (
  3. ii)not having had a minimum of four hundred hours teaching service in a school year, in any week during such school year where he had at least ten hours teaching service in that week. (
  4. b)Part-time service, other than as a vocational teacher, shall be reckoned only in any week where an officer or employee worked at least eighteen hours.
(3)Where a registered officer is entitled to reckon a period of part-time service as an officer of a local authority given on or after the 1st day of April, 1948, pursuant to sub-articles
(1)and
(2), a contribution shall be paid by him, or on his behalf, amounting to 5 per cent. of the aggregate salary and of the aggregate value of emoluments, if any, received by him in respect of such service or amounting to 3 per cent. in the case of a registered officer to whom the provisions of article 23
(5)apply.
(4)Where a registered officer is entitled to reckon a period of part-time service as an employee of a local authority, pursuant to sub-articles
(1)and
(2), a contribution shall be paid by him, or on his behalf, in respect of so much of such service as occurred on or after the commencement, in relation to such local authority, of Part III of the Act of 1948, or Part III of the Act of 1956, or of this Scheme, whichever is the earlier, amounting to— (a) in case he is an officer to whom the provisions of article 23
(5)apply, 3 per cent. of the aggregate wages and of the aggregate value of the emoluments, if any, received by him in respect of such service, and (
  1. b)in any other case— (
  2. i)four per cent. of the aggregate wages and of the aggregate value of the emoluments, if any, received by him in respect of so much of such service as occurred before the 27th day of May, 1977, and (
  3. ii)three and one-half per cent. of the amount by which the aggregate of his weekly wages and the weekly value of his emoluments, taken together, for so much of such period as occurred on or after the 27th day of May, 1977 exceed twice the aggregate of the personal weekly rate of old age contributory pension payable for such period together with 1½ per cent. of the aggregate wages and of the aggregate value of emoluments, if any, received by him in respect of such period.
(5)A registered officer to whom the provisions of sub-article
(3)or
(4)applies, shall contribute to his employing local authority in accordance with the provisions of the said sub-article
(3)or
(4), as appropriate, together with, in each case where the contribution is not paid within twelve months of the date of notification to him by the local authority of the amount of such contribution, being a date not earlier than the 1st day of January, 1986, an additional sum, calculated on a basis to be determined by the Minister in respect of compound interest, to accrue from the date of such notification to the date of payment of the contribution.
(6)The provisions of this article shall not apply as respects a period of part-time service given as a pensionable officer or as a registered officer.
(7)For the purpose of this article "school year" shall mean a year commencing on the 1st day of September and ending on the following 31st day of August.
(8)(a) The provisions of sub-articles
(3)and
(4)of article 23 shall apply in relation to contributions paid pursuant to sub-articles
(3)and
(4). (b) Save where an agreement pursuant to article 57 applies, where contributions for superannuation are received by a local authority under this article and any amount so received is in respect of service with another local authority, the first-mentioned local authority shall transfer such amount to such other local authority.
(9)The provisions of sub-article
(1)(b) shall be applied for the purposes of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to articles 13 and 15 or a preserved pension pursuant to article 21 in relation to a registered officer who ceased to hold office before the 10th day of January, 1984, subject to the proviso that the amount of any additional allowance payable under article 15 shall be reduced by one-quarter where the provisions of subsection
(11)of section 28 of the Act of 1956 apply by virtue of article 28
(4). 9 Pensionable local service of registered officer. 9.
(1)For the purposes of this Scheme, a pensionable local service of a registered officer at any time shall, subject to sub-article
(3)(b), be the period or the aggregate of the periods which under this Part of this Scheme he is entitled at that time to reckon as service.
(2)Notwithstanding sub-article
(1)and subject to sub-article
(3)(a), where the period or the aggregate of the periods which under this Part of this Scheme a registered officer who is a fire brigade officer or whose name is entered in a register maintained under section 65 of the Act of 1945 is entitled to reckon as service is more than twenty years, then, for the purposes of this Part of this Scheme, the pensionable local service of such officer shall be that period or aggregate together with the excess of that period or aggregate over twenty years.
(3)(a) Where a registered officer who becomes a fire brigade officer or whose name is entered in a register maintained under section 65 of the Act of 1945, on or after the 1st day of January, 1986, had a period or periods of service other than as a fire brigade officer or as an officer whose name was entered in the said register maintained under section 65 of the Act of 1945, or in a position in respect of which he was not otherwise eligible for enhanced credit under a provision which corresponds to sub-article
(2)which he is entitled to reckon as service under this Part of this Scheme, then for the purposes of this Part of this Scheme, such service shall either— (i) be reduced by one-quarter before the provisions of sub-article
(2)are applied to him, or (ii) be reckoned at its actual length, in which case the provisions of sub-article
(2)shall not apply, whichever is the more favourable to him. (b) Where a registered officer, not being a fire brigade officer or an officer whose name is entered in a register maintained under section 65 of the Act of 1945, had a period or periods of service which he is entitled to reckon as service under this Part of this Scheme during which he was a fire brigade officer or his name was entered in a register maintained under section 65 of the Act of 1945, or he was otherwise eligible for enhanced credit under a provision which corresponds to sub-article
(2), such service shall, where the last such period ended on or after the 1st day of January, 1986, be increased by one-third for the purposes of sub-article
(1). 10 Addition to pensionable local service of registered officer. 10.
(1)Where a registered officer of a local authority has not less than ten years of pensionable local service and— (
  1. a)he is removed from office for a cause other than misconduct, unfitness or permanent infirmity of mind or body, (
  2. b)his office is abolished, or (
  3. c)his position has been materially altered to his detriment by changes in its conditions made without reasonable cause and he resigns his office, the local authority may, if they so think fit, add to his pensionable local service a period not exceeding— (
  4. i)if his pensionable local service is twenty years or more — ten years, (
  5. ii)if his pensionable local service is less than twenty years — half that service.
(2)Where a registered officer of a local authority whose pensionable local service is ten years or more or, in the case of a registered officer referred to in sub-article
(6), five years or more, ceases to hold his office otherwise than by removal for misconduct or unfitness, the local authority may, if they so think fit, add to his pensionable local service a period not exceeding ten years or, where a period has been added under sub-article
(1), not exceeding the difference between that period and ten years, but such an addition shall not be made save in the circumstances set out in sub-articles
(3)to
(7).
(3)A local authority may, if they so think fit, add less than the maximum period permitted in accordance with this article.
(4)Notwithstanding anything contained in any other sub-article, the following provisions shall apply to the addition of a period to the pensionable local service of an officer:— (
  1. a)a period shall not be added save for the purpose of the calculation of a lump sum under article 14 and an allowance under article 15; (
  2. b)a period shall not be added where the service of an officer amounts to forty years or more; (
  3. c)a period shall not be added so as to make the service of an officer greater than forty years; (
  4. d)where the pensionable remuneration of an officer (not being a rate collector) consists of salary and fees, and the amount of the fees during the last three years of his service was, in the opinion of the local authority, considerably greater than in the preceding period of three years, the period added to the pensionable local service of the officer shall not be such as to make the allowance payable to him under this Scheme greater than it would be if— (
  5. i)his service were forty years, and (
  6. ii)the fees were disregarded for the purpose of calculating his pensionable remuneration, or (iii) his salary were an inclusive salary, inclusive of fees, of an amount equal to the salary appertaining to other offices of the same class, description and grade the holders of which are in receipt of an inclusive salary.
(5)(a) Subject to article 12
(9), where a registered officer of a local authority retires from an office which is— (
  1. i)an office to which, at the time of the retirement, the Act of 1926 applies because the qualifications of the office are professional, (
  2. ii)an office of part-time dispensary midwife and the officer is a person to whom the provisions of subsection
(9)of section 28 of the Act of 1956 apply by virtue of article 28
(4), or (iii) an office of city or county manager, assistant city or county manager, chief executive officer or programme manager of a health board or from the office of Personnel Officer, Dublin Corporation, and the date of the officer's appointment to such office or during a continuous period of service to any office referred to in this paragraph is not earlier than the 22nd day of March, 1971, the local authority may, subject to paragraph (c), add to his pensionable local service a period not exceeding one-third of such service. (
  1. b)Where a registered officer of a local authority retires from an office of city or county manager or assistant city or county manager, and the date of the officer's appointment to such office or during a continuous period of service to any office referred to in this sub-article is earlier than the 22nd day of March, 1971, the local authority may, subject to paragraph (c), add to his pensionable local service a period equivalent to one-half of the period referred to in paragraph (a). (
  2. c)A period added because of any of the circumstances referred to in this sub-article shall, in the case of an officer who retired otherwise than because of permanent infirmity of mind of body before attaining the age of sixty-five years, be reduced by the period by which his age at retirement falls short of sixty-five years.
(6)(
  1. a)Where a registered officer of a local authority retires or is removed from office because of permanent infirmity of mind or body before attaining the age-limit for the office, or in case there is no age-limit, before attaining the age of sixty-five years, the local authority may add to his pensionable local service— (
  2. i)where his pensionable local service is not less than five years, and less than ten years— (I) a period equivalent to that pensionable local service, or (II) a period equivalent to the additional period of pensionable local service which the officer would have had if he had served in the period beginning on the date immediately following the date he ceased to be a registered officer and ending on his sixty-fifth birthday, whichever is the less; (
  3. ii)where his pensionable local service is not less than ten years and less than twenty years, the more favourable of— (I) twenty years, less that pensionable local service, or a period equivalent to the additional period of pensionable local service which the officer would have had if he had served in the period beginning on the date immediately following the date he ceased to be a registered officer and ending on his sixty-fifth birthday, whichever is the less, or (II) six years and two hundred and forty-three days, or a period equivalent to the additional period of pensionable local service which the officer would have had if he had served in the period beginning on the date immediately following the date he ceased to be a registered officer and ending on the date he would have reached the minimum retiring age, whichever is the less; (iii) where his pensionable local service is twenty years or more— (I) six years and two hundred and forty-three days, or (II) a period equivalent to the additional period of pensionable local service which the officer would have had if he had served in the period beginning on the date immediately following the date he ceased to be a registered officer and ending on the date he would have reached the minimum retiring age, whichever is the less. (
  4. b)A period shall not be added in respect of retirement because of permanent infirmity of mind or body if the infirmity of the officer is caused by his own default. (
  5. c)A period shall not be added in respect of retirement because of permanent infirmity of mind or body unless the local authority concerned are satisfied that the infirmity is permanent and is such as to prevent the officer from discharging his duties with reasonable efficiency and unless the officer gives to the local authority a certificate of a medical practitioner specifying the nature of the infirmity, the extent to which the officer is incapacitated and stating the opinion of the medical practitioner as to the permanency of the incapacity.
(7)Where a registered officer of a local authority— (
  1. i)retires from an office on account of an age-limit and it had not been a condition of his appointment that he should retire at that age, or (
  2. ii)retires from an office on account of an age-limit and he has at his retirement served in a pensionable capacity in an office or offices under a local authority or local authorities continuously with service in a pensionable capacity in an office under a local authority in which it had not been a condition of his appointment that he should retire at that age, the local authority may add to his pensionable local service a period not exceeding one-quarter of the difference between his pensionable local service (together with any period added under any other sub-article) and forty years.
(8)For the purposes of this article— "the Act of 1926" means the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926). 11 Service of registered officer at termination of office.
  1. For the purposes of this Part of this Scheme, the service of a registered officer at the termination of his office shall be his pensionable local service together with any additional years added under article
  2. 12 Non-consultant hospital doctors. 12.
(1)For the purposes of this article— "non-consultant hospital doctor" means a person who is appointed in a temporary capacity for a specified period to a wholetime office of intern, house officer or registrar in a hospital who for such period is either provisionally of fully registered as a medical practitioner; "voluntary hospital" means a hospital which has adopted the Voluntary Hospitals' Superannuation Scheme, 1969.
(2)Notwithstanding the definition of "eligible officer" in article 3, a local authority shall enter in Part I of the Register— (
  1. a)with effect from the 1st day of October, 1979, the name of any person who is a non-consultant hospital doctor whose contract of service with them as such doctor commenced before the 1st day of October, 1979, unless before the 30th day of September, 1979, he notified the local authority in writing that he did not wish to have his name so entered, and (
  2. b)with effect from the date of his appointment, the name of any person appointed by them as a non-consultant hospital doctor whose contract of service as such with them commences on or after the 1st day of October, 1979, irrespective of whether in any previous contract of employment with the local authority he notified such local authority that he did not wish to have his name so entered.
(3)A local authority who enters the name of a person in Part I of the Register, pursuant to this article, shall notify him accordingly, within one month.
(4)A local authority shall remove from Part I of the Register the name of any non-consultant hospital doctor who ceases to be employed by them as such save where he becomes employed by them as an eligible officer and shall notify him accordingly within one month.
(5)The provisions of sub-articles
(4)and
(5)of article 7 shall not apply to a registered officer of a local authority in relation to wholetime service which he gave as a doctor to the local authority or any other local authority, where— (a) he is a registered officer by virtue of sub-article
(2), or (b) not now being a registered officer by virtue of sub-article
(2)he was at sometime previously— (i) a registered officer by virtue of sub-article
(2), or (
  1. ii)a non-consultant hospital doctor who was pensionable under the Voluntary Hospitals' Superannuation Scheme, 1969, or (iii) a non-consultant hospital doctor who was pensionable under the St. Laurence's Hospital Superannuation Scheme, or (
  2. iv)eligible to become a registered officer by virtue of sub-article
(2), or eligible as a non-consultant hospital doctor to become pensionable under the Voluntary Hospitals' Superannuation Scheme, 1969, or under the St. Laurence's Hospital Superannuation Scheme.
(6)(a) A registered officer of a local authority to whom sub-article
(5)applies shall be entitled to reckon the following periods of service as service: (
  1. i)wholetime service as a non-consultant hospital doctor with the local authority or any other local authority given before the 1st day of October, 1979, (
  2. ii)wholetime service as a non-consultant hospital doctor in a voluntary hospital or in St. Laurence's Hospital given before the 1st day of July, 1979, (iii) wholetime service given by an officer with a local authority hospital or with a voluntary hospital or with St. Laurence's Hospital which would have been service as a non-consultant hospital doctor had he been provisionally or fully registered as a medical practitioner for such period, (
  3. iv)any other wholetime service as a doctor which he gave as a temporary officer to the local authority or any other local authority. (
  4. b)A contribution as set out in paragraph (
  5. c)following in respect of service which is reckonable under paragraph (
  6. a)shall be paid to the local authority by or on behalf of, a registered officer of a local authority where contributions in respect of such service were not already paid to the local authority or to any other local authority or to a voluntary hospital or to St. Laurence's Hospital, or, having been so paid, were returned to him in error. (
  7. c)The contributions referred to in paragraph (
  8. b)shall, in respect of each office held during such service, be determined— (
  9. i)in case the period of service being reckoned was given on or after the 1st day of January, 1969, at the rate of 5 per cent. and (
  10. ii)in case the period of service being reckoned was given before the 1st day of January, 1969, at the rate of 2½ per cent. of an amount corresponding to what the officer's annual rate of salary and annual value of emoluments, if any, would be on the date of payment of the contribution, if he held the office on such date, for each whole year he held such office and where he held such office for a part of a year, of such an amount as is proportionate to that part of a whole year.
(7)A contribution under paragraph (b) of sub-article
(6)shall be paid— (
  1. a)by payment of amounts calculated in respect of one or more complete years, or (
  2. b)by payment of an amount calculated in respect of all the service in respect of which a contribution is payable or the balance of such service in respect of which contributions have not already been paid.
(8)(
  1. a)Contributions received by a local authority under paragraph (
  2. b)of sub-article
(6)shall be retained by such local authority. (b) Agreements pursuant to articles 56
(8)and 57 shall be deemed to apply between local authorities in relation to service which is reckoned pursuant to paragraph (a) of sub-article
(6)and to contributions paid pursuant to paragraph (b) of that sub-article.
(9)The provisions of article 10
(5)shall not apply to a registered officer who retires from office as a non-consultant hospital doctor. 13 Grant of lump sum and allowance to registered officer on his ceasing to hold office. 13.
(1)Where— (
  1. a)a registered officer of a local authority ceases to hold his office and is not employed in another position service in which is capable of being reckoned under this Scheme, and (
  2. b)the local authority either are of opinion that in general he has served in such office with diligence and fidelity and to their satisfaction or, not being of that opinion, they nevertheless decide that, in the special circumstances of this case, he should be granted a reduced lump sum and allowance, the local authority shall grant him a lump sum and allowance in any of the cases specified in sub-article
(2).
(2)The cases referred to in sub-article
(1)are the following: (
  1. a)where the officer has ceased to hold his office otherwise than by removal and— (
  2. i)he has attained the age of sixty years and has not less than five years of pensionable local service, (
  3. ii)he is a fire brigade officer or his name is entered in a register maintained under section 65 of the Act of 1945, has attained the age of fifty-five years and has not less than five years of pensionable local service, or (iii) he has become incapable of performing his duties by reason of permanent infirmity of mind or body and has not less than five years of pensionable local service; (
  4. b)where the officer was removed from his office for a cause other than misconduct or unfitness and has not less than five years of pensionable local service; (
  5. c)where the office of the officer was abolished and he has not less than five years of pensionable local service; (
  6. d)where the position of the officer was materially altered to his detriment by changes of its conditions made without reasonable cause and he resigned his office having not less than five years of pensionable local service; (
  7. e)where the officer has ceased to hold his office on account of having attained the age-limit therefor and has not less than five years of pensionable local service, subject to the exclusion of any case, being a case such as is specified in paragraph (
  8. b)or paragraph (c), in which the officer was removed or resigned from office under section 24 of the Local Government Act, 1951 (No. 23 of 1941), or that section as amended by section 17 of the Local Government Act, 1955 (No. 9 of 1955), in circumstances such that subsection
(2)of the said section 24 does not, by virtue of subsection
(3)of that section, apply. 14 Determination of lump sum granted to registered officer. 14.
(1)The amount of the lump sum to be granted under article 13 to a registered officer shall be equal to— (
  1. a)three-eightieths of his pensionable remuneration multiplied by the number of whole years in his service at the termination of his office, together with, where his service comprises days in addition to the number of whole years, the fraction of a year represented by A/365, where A is the number of days involved, or (
  2. b)one and one-half times his pensionable remuneration, whichever is the less.
(2)Where subsection
(6)of section 37 of the Act of 1948 applied in respect of a registered officer, in any application to him of sub-article
(1), that sub-article shall be construed as if it provided that the lesser sum therein referred to should be increased by one-half per cent. of that sum multiplied by the number of whole years referred to in the said subsection
(6). 15 Determination of allowance granted to registered officer. 15. The allowance to be granted under article 13 to a registered officer on his ceasing to hold office shall be— (
  1. a)an allowance at the rate per annum of one-eightieth of his pensionable remuneration multiplied by the number of whole years in his service at the termination of his office, together with, where his service comprises days in addition to the number of whole years, the fraction of a year represented by A/365, where A is the number of days involved, or (
  2. b)an allowance at the rate per annum of one-half of his pensionable remuneration, whichever is the less. 16 Reduction of lump sum and allowance of registered officer for unsatisfactory service. 16.
(1)Where a local authority decide under article 13 that a registered officer shall be granted a reduced lump sum and allowance the following provisions shall apply: (a) subject to the provisions of sub-article
(2), as respects a person who ceased to hold office as a registered officer before the 10th day of January, 1984, the amount of the lump sum and the rate per annum of the allowance granted to him under article 13 shall be reduced below the amount and rate that would be appropriate therefor under articles 14 and 15 and to an extent not less than 50 per cent., and (
  1. b)as respects a person who is a registered officer on or after the 10th day of January, 1984,— (
  2. i)where there is a loss of funds to the local authority for which the person is culpable, the amount of the lump sum that would be appropriate under article 14 shall be reduced by such amount and, in addition, where the amount of the loss of funds is greater than the amount of the lump sum, payment of the allowance that would be appropriate under article 15 shall be suspended until such time as the total loss is recovered by the local authority, (
  3. ii)is any other case, the lump sum or allowance shall be reduced by such amount as the local authority in the special circumstances of the case consider proper.
(2)Where it is favourable to him, the provisions of sub-article
(1)(b) shall be applied in relation to a registered officer who was granted a reduced lump sum and allowance under article 13 and who ceased to hold office before the 10th day of January, 1984, with effect from the 10th day of January, 1984, or where it is a case referred to in sub-article
(1)(b) (i), from a date, not earlier than the 10th day of January, 1984, on which the total loss of funds is recovered by the local authority, for the purpose of determining the rate of allowance under article 15. 17 Grant of short service gratuity to registered officer. 17.
(1)Subject to sub-article
(2), where a registered officer of a local authority having not less than one year and less than five years of pensionable local service ceases to hold his office the local authority shall, in any of the cases specified in sub-article
(3), grant to him a gratuity of such amount, not exceeding one-twelfth of his pensionable remuneration, multiplied by the number of whole years in his pensionable local service, together with, where pensionable local service comprises days in addition to the number of whole years, the fraction of a year represented by A/365, where A is the number of days involved, as they consider proper,
(2)The gratuity under sub-article
(1)shall be increased as respects a registered officer whose pensionable local service at date of cesser of office is not less than two years and less than five years and who ceases to hold his office on account of being incapable of performing his duties by reason of permanent infirmity of mind or body, by the addition of an amount equal to three-eightieths of his pensionable remuneration multiplied by the number of whole years in his pensionable local service, together with, where pensionable local service comprises days in addition to the number of whole years, the fraction of a year represented by A/365, where A is the number of days involved.
(3)the cases referred to in sub-article
(1)are the following: (
  1. a)where the officer has ceased to hold his office on account of being incapable of performing his duties by reason of permanent infirmity of mind or body; (
  2. b)where the officer was removed from his office for a cause other than misconduct or unfitness; (
  3. c)where the office of the officer was abolished; (
  4. d)where the officer has resigned in a case in which his position was materially altered to his detriment by changes in its conditions made without reasonable cause, subject to the exclusion of any case, being a case such as is specified in paragraph (
  5. b)or paragraph (c), in which the officer was removed or resigned from office under section 24 of the Local Government Act, 1941 (No. 23 of 1941), or that section as amended by section 17 of the Local Government Act, 1955 (No. 9 of 1955), in circumstances such that subsection
(2)of the said section 24 does not, by virtue of subsection
(3)of that section, apply. 18 Grant of gratuity in respect of deceased registered officer. 18.
(1)Where a registered officer of a local authority dies in office the local authority shall grant to his legal personal representative a gratuity of an amount equal to— (
  1. a)his pensionable remuneration, or (
  2. b)an amount equal to the lump sum which would be payable to him under article 14 if he had retired on the date of death because of permanent infirmity of mind or body, whichever is the greater.
(2)Notwithstanding the provisions of sub-article
(1), a gratuity may, as respects a registered officer who dies in office on or after the 1st day of January, 1986 and who is married at the date of death, be granted at the discretion of the local authority to the widow or widower, as appropriate. 19 Grant of gratuity in respect of deceased grantee under article
  2. Where a person, who was a registered officer of a local authority and who was granted under article 13 a lump sum and allowance oil ceasing to hold office, dies before the total of all the sums received by him on foot of the lump sum and allowance is equal to his pensionable remuneration, the local authority shall grant to his legal personal representative, or, if he dies on or after the 1st day of January, 1986, at the discretion of the local authority, to the widow, widower or legal personal representative, as appropriate, a gratuity equal to the difference between the said total amount and the said pensionable remuneration. 20 Grant of gratuity to female registered officer on marriage. 20.
(1)Where a female registered officer resigns from office with a local authority and— (
  1. a)she became such an officer before the 1st day of June, 1978, (
  2. b)she continued to be such an officer from the 1st day of June, 1978 to the date her resignation had effect, (
  3. c)she has not less than five years of pensionable local service, (
  4. d)she does not accept any other position service in which is capable of being reckoned under this Scheme, (
  5. e)she produces, within three months of her resignation or such longer period as the local authority may allow in the circumstances of the particular case, to the local authority a certificate of her marriage, (
  6. f)in the case of her marriage on of before the 31st day of May, 1976—her resignation occurs on or before the 30th day of June, 1978, or, in the event of her not having five years of pensionable local service by the said 30th day of June, 1978, on the date, not later than the 30th day of November, 1979, on which she has five years of pensionable local service, (
  7. g)in the case of her marriage on or after the 1st day of June, 1976, and not later than the 30th day of November, 1977—her resignation occurs on or before the 30th day of June, 1978, or not later than two years from the date of her marriage, whichever is the later, or, in the event of her not having five years of pensionable local service on the 30th day of June, 1978 or at the expiration of two years from the date of her marriage, on the date, not later than the 30th day of November, 1979, on which she has five years of pensionable local service. (
  8. h)in the case of her marriage on or after the 1st day of December, 1977—her resignation occurs not later than two years from the date of her marriage, the following provisions shall have effect: (I) if the local authority are of opinion that she has served in her office with diligence and fidelity and to their satisfaction, the local authority shall grant to her a gratuity of an amount equal to one-twelfth of her pensionable remuneration, multiplied by the number of years in her pensionable local service, including where pensionable local service comprises days in addition to a number of whole years, the fraction of a year represented by A/365, where A is the number of days involved, or her pensionable remuneration, whichever is the less; (II) if the local authority, although not being of opinion that she has served in her office with diligence and fidelity and to their satisfaction, nevertheless decide that, in the special circumstances of the case, she should be granted a reduced gratuity, they shall grant to her a gratuity of an amount equal to the amount that would be appropriate under clause (I) reduced— (A) as respects a person who ceased to be a female registered officer before the 10th day of January, 1984, to such extent, not less than 50 per cent., as they consider proper, and (B) as respects a person who is a female registered officer on or after the 10th day of January, 1984, (
  9. i)where there is a loss of funds to the local authority for which the person is culpable, by such amount, (
  10. ii)in any other case, by such amount as the local authority in the special circumstances of the case consider proper; (III) notwithstanding the provisions of clauses (I) and (II), where a female officer referred to in paragraph (
  11. f)had five years of pensionable local service on the 31st day of May, 1978, or, on a date during the month of June, 1978, the amount of the gratuity which may be granted to her shall be determined by reference to her pensionable remuneration and pensionable local service on the 31st day of May, 1978, or, where she first attained five years of pensionable local service between that date and the 30th day of June, 1978, on the day on which she so attained such five years of pensionable local service, and any contributions paid by her pursuant to article 23 subsequent to such date shall be returned to her; (IV) notwithstanding the provisions of clauses (I) and (II), where a female officer referred to in paragraph (
  12. g)had five years of pensionable local service on a date before the 30th day of June, 1978 and the period of two years from the date of her marriage expired on a date during the said month of June, 1978, the amount of gratuity which may be granted to her shall be determined by reference to her pensionable local service as at the later of the said two dates, and any contributions paid by her pursuant to article 23 subsequent to such later date shall be returned to her.
(2)Where a female person became a registered officer of a local authority on or after the 1st day of June, 1978, the provisions of sub-article
(1)in relation to the grant of a gratuity shall, notwithstanding paragraphs (
  1. a)and (
  2. b)of that sub-article, apply to her provided that immediately before she became such registered officer she had a continuous period of wholetime service in a position service in which is capable of being reckoned under the Act of 1956 or under this Scheme and that for the whole or part of such period she was a person to whom a superannuation scheme, which included entitlement to a marriage gratuity, applied.
(3)A marriage gratuity shall not be granted to a female registered officer who was already married before becoming such registered officer unless the marriage took place during a period of wholetime service which is capable of being reckoned under this Scheme.
(4)A female registered officer of a local authority to whom a gratuity may be granted under this article may apply in writing to the local authority to opt for preserved superannuation benefits under article 21 in lieu of the said gratuity. 21 Grant of preserved benefits to registered officer 21.
(1)Where a registered officer of a local authority having at least five years of pensionable local service has ceased to hold his office other than— (
  1. a)in such circumstances that benefit under this Scheme, other than a benefit under this article, arises, or (
  2. b)on removal from office for misconduct or unfitness, or (
  3. c)on becoming employed in an other position service in which is capable of being reckoned under this Scheme, and the local authority either are of opinion that in general he has served in his office with diligence and fidelity and to their satisfaction, or, not being of that opinion, they nevertheless decide that, in the special circumstances of his case, he should be granted a reduced preserved pension and reduced preserved lump sum, or if he dies before being granted such pension and lump sum, a preserved death gratuity should be granted in respect of him, they shall, on application by him, grant a preserved pension and preserved lump sum to him— (
  4. i)in case he has ceased to hold his office and the local authority at any time decide that he would have ceased to hold his office because of permanent infirmity of mind or body if he had remained in such office after the date he ceased to hold the office, with effect from the 10th day of January, 1984 or the date on which the decision is made, whichever is the later, (
  5. ii)in any other case—with effect from the date he attains sixty years of age, or if he dies before attaining sixty years of age and a decision under subparagraph (
  6. i)has not been made in respect of him, they shall grant a preserved death gratuity to his legal personal representative, or, if he dies on or after the 1st day of January, 1986, at the discretion of the local authority, to the widow, widower or legal personal representative, as appropriate, on application by the widow, widower or legal personal representative.
(2)(a) Notwithstanding the provisions of article 23
(3), where a registered officer of a local authority ceases to hold office with entitlement to a preserved lump sum and preserved pension or to a preserved death gratuity, the local authority shall notify him, in writing, of the amount of any contributions outstanding under this Scheme or the Act of 1956 and unless such contributions are paid to the local authority within twelve months of such notice, they shall fall to be recovered, in due course, from the preserved lump sum and preserved pension or preserved death gratuity arising under sub-article
(1). (
  1. b)where contributions fall to be recovered from a preserved lump sum and preserved pension or from a preserved death gratuity pursuant to paragraph (a), the amount of such contributions shall be increased to the amount equivalent to what they would be if the aggergate salary or wages and emoluments, if any, of each office and employment in respect of which the contributions are payable, was increased by reference to the rate of salary or wages and emoluments, if any, applicable to each such office or employment on the last effective date of increases under the Pensions (Increase) Act, 1964 , prior to— (
  2. i)in case he is awarded a preserved lump sum and preserved pension pursuant to sub-article
(1)(i)—the effective date of such award, (ii) in case he is awarded a preserved lump sum and preserved pension pursuant to sub-article
(1)(ii)—the date he attains sixty years of age, or (iii) in case he is awarded a preserved death gratuity—the date of his death.
(3)A preserved pension or a preserved lump sum shall not be paid to a person in a case referred to in sub-article
(1)(i) unless the local authority are satisfied that the person is incapable from infirmity of mind or body of discharging the duties of the office which he held and that the infirmity is permanent and unless the person gives to the local authority a certificate of a registered medical practitioner specifying the nature of the infirmity, the extent to which the person is incapacitated and stating the opinion of the registered medical practitioner as to the permanency of the incapacity.
(4)Where a preserved pension is granted to a person in the circumstances described in sub-article
(1)(i), the local authority may, at any time after the award of the pension and before the date on which the person attains sixty years of age, review or further review the matter and upon such a review or further review— (
  1. a)in case such pension is being paid and the said local authority is satisfied that, had the application been made on the date of the review (or further review), such application would not have been allowed, the local authority shall grant no further payments of the pension until the person attains sixty years of age, or (
  2. b)in case payment of the pension has for the time being ceased in accordance with paragraph (a), and the said local authority are satisfied that, had such application been made at the date of the further review the application would have been allowed, payment of the pension shall be recommenced.
(5)(a) A preserved pension may not exceed one-eightieth of the equivalent, at the last effective date of increases under regulations made under the Pensions (Increase) Act, 1964 , prior to the date on which the applicant attains sixty years of age, or in case such pension is awarded under sub-article
(1)(i), prior to the effective date of payment of such pension, of his pensionable remuneration at the date of cesser of office, multiplied by the number of years of his pensionable local service, including where pensionable local service comprises days in addition to a number of whole years, the fraction of a year represented by A/365, where A is the number of days involved, or by forty years, whichever is the less. (b) A preserved lump sum may not exceed three-eightieths of the equivalent, at the last effective date of increases under such regulations prior to the date on which the applicant attains sixty years of age, or in case such lump sum is awarded under sub-article
(1)(i), prior to the effective date of payment of such lump sum, of his pensionable remuneration at the date of cesser of office, multiplied by the number of years of his pensionable local service, including where pensionable local service comprises days in addition to a number of whole years, the fraction of a year represented by A/365, where A is the number of days involved, or by forty years, whichever is the less. (c) A preserved death gratuity may not exceed three-eightieths of the equivalent, at the last effective date of increases under such regulations prior to the date of the person's death, of his pensionable remuneration at the date of cesser of office, multiplied by the number of years of his pensionable local service, including where pensionable local service comprises days in addition to a number of whole years, the fraction of a year represented by A/365, where A is the number of days involved, or by forty years, whichever is the less.
(6)Where a local authority decide under sub-article
(1)that a person shall be granted a reduced preserved pension and a reduced preserved lump sum the following provisions shall apply: (a) as respects a person who ceased to hold office before the 10th day of January, 1984, the amount of the preserved lump sum and the rate per annum of the preserved pension granted under sub-article
(1)shall be reduced below the amount and rate that would be appropriate under sub-article
(5)(a) and
(5)(
  1. b)and to an extent not less than 50 per cent., (
  2. b)as respects a person who is a registered officer on or after the 10th day of January, 1984— (
  3. i)where there is a loss of funds to the local authority for which the person is culpable, the amount of the preserved lump sum that would be appropriate under sub-article
(5)(b) shall be reduced by such amount, and, in addition, where the amount of the loss of funds is greater than the amount of the preserved lump sum, payment of the preserved pension that would be appropriate under sub-article
(5)(
  1. a)shall be suspended until such time as the total loss is recovered by the local authority, (
  2. ii)in any other case, the preserved lump sum and preserved pension shall be reduced by such amount as the local authority in the special circumstances of the case consider proper, and (
  3. c)where it is favourable to him, the provisions of subparagraph (
  4. b)shall be applied in relation to a registered officer who was granted a reduced preserved lump sum and a reduced preserved pension and who ceased to hold office before the 10th day of January, 1984, with effect from the 10th day of January, 1984, or where it is a case referred to in subparagraph (
  5. b)(i), from a date, not earlier than the 10th day of January, 1984, on which the total loss of funds is recovered by the local authority, for the purpose of determining the rate of preserved pension.
(7)Where a person who resigns with an entitlement to benefit under sub-article
(1)subsequently, but before he attains sixty years of age, becomes a registered officer or a registered employee of a local authority, then on his becoming such registered officer or employee, as may be appropriate, his entitlement under this article shall cease.
(8)Where a person who resigns from a local authority with an entitlement to benefit under sub-article
(1)subsequently, but before he attains sixty years of age, becomes employed in a position service in which is reckonable under this Scheme, not being a person referred to in sub-article
(7), he may apply to the local authority in writing to waive such entitlement and thereupon such entitlement shall be waived and the local authority shall not grant any benefit under this article to, or in respect of, him.
(9)The foregoing provisions of this article shall apply as respects a registered officer in relation to any part-time office under the local authority, or any other local authority, which he holds in a permanent capacity where he ceases to be a registered officer on or after the 10th day of January, 1984, subject to the provisos: (
  1. i)that at the date he ceases to hold the part-time office he has served at least five years in that office, (
  2. ii)that he ceases to hold the part-time office on a date which occurs before the date he ceases to be a registered officer, (iii) that subsequent to his ceasing to hold the part-time office he is granted an allowance, or a preserved pension, or a death gratuity is granted in respect of him on his ceasing to be a registered officer, (
  3. iv)that the provisions of subparagraphs (
  4. i)and (
  5. ii)of sub-article
(1)shall not apply in respect of the part-time office and any preserved pension and preserved lump sum in respect of the part-time service shall be granted instead with effect from the date the allowance pursuant to articles 13 and 15, or the preserved pension under this article, in respect of his substantive wholetime office, is granted, and (v) that references in this article to pensionable remuneration and pensionable local service shall be construed respectively as relating to the remuneration in respect of the part-time office and to the extent of the period during which he held the part-time office.
(10)Where a person resigns from a local authority with an entitlement to benefit under sub-article
(1)he may, in writing, waive such entitlement and apply to the local authority to have his superannuation contributions returned to him under article 24
(5); upon receipt of such application the local authority shall return such contributions to such person and the local authority shall not grant any benefit under this Scheme to, or in respect of, him. 22 Registered officers granted special leave without pay to take up appointments with E.E.C. institutions. 22.
(1)Where a registered officer is granted special leave without pay by a local authority, with the consent of a Minister of the Government, in order to take up after the 31st day of December, 1972, an appointment with an institution of the European Communities and such special leave ceases by reason of his return to a position in the local authority, he shall be entitled to reckon as service the period of service with such institution which was actual service reckonable for the purposes of the institution's pension scheme where— (a) he is not awarded a pension, preserved pension, severance gratuity, compensation payment, or any equivalent benefit from the institution, and (b) the institution makes an agreed payment to the local authority in respect of the service.
(2)Where a registered officer takes up an appointment with an institution of the European Communities in the circumstances described in sub-article
(1)and leaves the employment of the institution before he attains sixty years of age, otherwise than because of dismissal or redundancy, and he ceases to hold office in the local authority by reason of his resignation therefrom with effect from the date on which he ceases to hold employment with the institution, and if, but only if, he does not become employed in a position service in which is capable of being reckoned under this Scheme, the provisions of article 21 will apply in his case, subject to the proviso that his pensionable local service for the purposes of the said article 21 shall be his pensionable local service on his last day of such service with the local authority prior to taking up his appointment with the institution.
(3)Where a registered officer takes up an appointment with an institution of the European Communities in the circumstances described in sub-article
(1)and he dies while in the service of the institution before his special leave without pay terminates the following provisions shall apply: (
  1. a)an amount not greater than an amount equal to three-eightieths of the equivalent at the date of death, of his pensionable remuneration on his last day of reckonable service with the local authority multiplied by the number of whole years of his pensionable local service, together with, where pensionable local service comprises days in addition to the number of whole years, the fraction of a year represented by A/365, where A is the number of days involved, or forty years, whichever is the less, will be paid by the local authority to his legal personal representative, or, if he dies on or after the 1st day of January, 1986, at the discretion of the local authority, to the widow, widower or legal personal representative, as appropriate, and (
  2. b)Articles 18 and 21 will not apply in relation to him.
(4)Where a registered officer takes up an appointment with an institution of the European Communities in the circumstances described in sub-article
(1)and the person is serving in the institution when he attains sixty years of age, the following provisions shall apply: (
  1. a)the following benefits will be payable with effect from the date of his sixtieth birthday, or, in case his special leave without pay terminates after that date, the date of such termination, namely— (
  2. i)an annual allowance of one-eightieth of the equivalent, on such date, of his pensionable remuneration on his last day of reckonable service with the local authority prior to taking up his appointment with the institution multiplied by the number of whole years of his pensionable local service together with, where pensionable local service comprises days in addition to the number of whole years, the fraction of a year represented by A/365, where A is the number of days involved, or forty years, whichever is the less, and (
  3. ii)a lump sum of three-eightieths of the equivalent, on such date, of his pensionable remuneration on his last day of reckonable service with the local authority prior to taking up his appointment with the institution multiplied by the number of whole years of his pensionable local service, together with, where pensionable local service comprises days in addition to the number of whole years, the fraction of a year represented by A/365, where A is the number of days involved, or forty years, whichever is the less, provided that the officer has ceased to hold office with the local authority by reason of his resignation therefrom with effect from the date on which he attains sixty years of age, or in case his special leave without pay terminates after that date, the date of such termination, (
  4. b)the said benefits shall be in lieu of any payments which apart from this sub-article might otherwise fall due to be paid to, or in respect of, him under this Scheme.
(5)For the purposes of this article— "the European Communities" means the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community; "an agreed payment" means a payment in respect of a period of actual service with an institution of the European Communities which is agreed with that institution by the local authority, with the consent of the Minister. 23 Contributions by registered officers. 23.
(1)Subject to the provisions of articles 8 and 12 and to the following provisions of this article, a registered officer of a local authority shall contribute to such local authority for the purposes of this Part of this Scheme at the rate of 5 per cent. of— (
  1. a)his annual rate of salary, and (
  2. b)the annual value of his emoluments, subject to the proviso that there shall be no contributions in respect of a period in respect of which he had neither salary nor emoluments nor in respect of a period which he is precluded from reckoning under article 6
(1)(g).
(2)(a) A registered officer who, pursuant to sub-articles
(4)and
(5)of article 7, becomes entitled to reckon a period or periods of wholetime service as a temporary officer of a local authority shall contribute to his employing local authority for the purposes of the said sub-articles
(4)and
(5)at the rate of— (
  1. i)two and one-half per cent. of the aggregate salary and value of his emoluments, if any, which he received for so much of such period or periods as occurred between the 1st day of April, 1948 and the 31st day of December, 1985, and (
  2. ii)five per cent of the aggregate salary and value of his emoluments, if any, which he received for so much of such period or periods as occurred on or after the 1st day of January, 1986, together with, in each case where the contribution is not paid within twelve months of the date of notification to him by the local authority of the amount of such contribution, being a date not earlier than the 1st day of January, 1986, an additional sum, calculated on a basis to be determined by the Minister in respect of compound interest, to accrue from the date of such notification to the date of payment of the contribution. (
  3. b)Where contributions are received by a local authority under paragraph (
  4. a)and any amount so received is in respect of service under another local authority or local authorities the first-mentioned local authority shall transfer such amount to the local authority or local authorities under which the service occurred.
(3)The contribution to be made by a registered officer of a local authority under this article may be obtained by such local authority by means of periodical deductions from his salary and emoluments, but, if any such deduction proper to be made by a local authority from his salary and emoluments is not made, such local authority may, without prejudice to any other remedy, recover the amount by retaining it out of any sums due by them to him or out of any lump sum, allowance or gratuity payable by them to, or in respect, of him.
(4)Where, under article 54, lump sums, allowances or gratuities granted by a local authority are paid by another local authority, the first-mentioned local authority shall from time to time (but not less frequently than once in each quarter) transfer to the other local authority— (a) in case the first-mentioned local authority are a vocational education committee—one-half of all sums received by them by way of contribution under this article, or under article 7
(1)(
  1. g)(ii), and (
  2. b)in any other case—the whole of all such sums.
(5)(
  1. a)In the case of a person— (
  2. i)whose name was entered under subsection
(5)of section 7 of the Act of 1956 by a mental hospital authority in the register maintained under the said section 7, or (ii) whose name is entered in Part I of the Register by virtue of article 28
(2), the reference to 5 per cent. in sub-article
(1)shall, until the expiration of his continuous period of being an officer of a local authority beginning on the commencement of section 41 of the Mental Treatment Act, 1961 , be construed as a reference to 3 per cent. (b) In the case of a person whose name was entered otherwise than under subsection
(5)of section 7 of the Act of 1956 by a mental hospital authority, as from the expiration of a continuous period of such person's being a mental hospital employee which began on the commencement of section 41 of the Mental Treatment Act, 1961 , and— (i) as from the commencement of which such person's name was entered under subsection
(5)of section 30 of the Act of 1956, or (ii) not having been so entered, his name was entered in Part II of the Register by virtue of article 50
(2), the reference to 5 per cent. in sub-article
(1)shall, until the expiration of his continuous period of being an officer of a local authority beginning at the time as from which the mental hospital authority entered his name in the register maintained under the said section 7, be construed as a reference to 3 per cent. 24 Return of contributions to registered officers. 24.
(1)In this Part of this Scheme "the contributions" means, in relation to a registered officer, the aggregate amount of his contributions for superannuation in respect of service which is capable of being reckoned under this Scheme.
(2)Where a registered officer of a local authority ceases to hold his office for any cause other than misconduct, does not accept any other position service in which is capable of being reckoned under this Scheme and is not granted a lump sum and allowance under article 13, a gratuity under article 17 or 20 or a preserved lump sum and a preserved pension under article 21, the local authority shall return to him the contributions.
(3)(
  1. a)Where a registered officer of a local authority is removed from office for misconduct, other than in a case where he is immediately appointed to or employed in a position service in which is capable of being reckoned under this Scheme, the local authority shall have power at their discretion— (
  2. i)in relation to a person who ceased to be a registered officer before the 1st day of January, 1986, to return to him the contributions or part thereof if they are of opinion that there are special reasons for so doing, and (
  3. ii)in relation to a person who ceases to be a registered officer on or after the 1st day of January, 1986, to return to him the contributions or part thereof if they are of opinion that there are special reasons for so doing. (
  4. b)Notwithstanding any other provision of this Scheme, there shall be no appeal as respects a decision of a local authority in respect of a case to which subparagraph (
  5. i)of paragraph (
  6. a)applies.
(4)A local auuthority shall with effect from the 1st day of November, 1979 return the contributions to a former officer of the local authority who ceased to hold office to take up a position, other than as an officer or employee of any other local authority, service in which is capable of being reckoned under this Scheme, where he subsequently ceases to hold such position for any cause other than misconduct and does not accept another position service in which is capable of being reckoned under this Scheme and, under the superannuation conditions then applicable to him, he is not granted a return of such contributions or any lump sum, allowance or gratuity or is not given the benefit of any preserved lump sum, allowance or gratuity.
(5)A local authority shall return the contributions to a person who makes the application provided for in article 21
(10).
(6)Where a local authority return the contributions or part thereof and the contributions includes a sum for contributions for superannuation made by the officer in question in respect of service which is capable of being reckoned under this Scheme and held by any other body, that body shall recoup such sum to the local authority.
(7)Where a body service under which is capable of being reckoned under this Scheme return contributions made for superannuation in respect of service which is capable of being reckoned under this Scheme and the amount returned includes a sum for contributions held by any local authority, that local authority shall recoup such sum to the body.
(8)Section 21 of the Finance Act, 1972 , as amended by section 18 of the Finance Act, 1973 , shall apply in relation to a return of contributions made under this article. 25 Repayment of returned contributions (registered officer). 25.
(1)Where, after the contributions have been returned under section 24 of the Act of 1956 or article 24 to a pensionable officer or a registered officer of a local authority on his ceasing to be a pensionable officer or a registered officer or contributions have been returned to an officer under section 10 of the Asylum Officers' Superannuation Act, 1909 or to an officer under section 86 of the Act of 1945, he becomes employed, on or after the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme, other than a former pensionable officer whose service in a pensionable capacity in such position is continuous with former service in a pensionable capacity in a position or positions service in which is capable of being reckoned under the Act of 1956 or under this Scheme and which commenced before the 27th day of May, 1977, he shall be entitled to repay to the local authority the amount so returned by them, together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and, if he does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.
(2)Where, contributions having been returned under section 32 of the Act of 1948 by a local authority to a person, he becomes employed, on or after the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme, other than a former pensionable officer whose service in a pensionable capacity in such position is continuous with former service in a pensionable capacity in a position or positions service in which is capable of being reckoned under the Act of 1956 or under this Scheme and which commenced before the 27th day of May, 1977, he shall be entitled to repay to the local authority the amount so returned by them, together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and, if he does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.
(3)Where— (
  1. a)a registered officer of a local authority has any period of service (other than as an officer or employee of a local authority) that would, if he made the repayment provided for by this sub-article, be capable of being reckoned under this Scheme, and (
  2. b)contributions in respect of the service have been returned to him, he shall be entitled to repay the amount so returned to the local authority together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and, if he does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.
(4)Where— (
  1. a)a repayment has been made under this article to a local authority, and (
  2. b)the case is one in which any lump sum, allowance or gratuity that might be granted by that local authority would be paid by another local authority, the first-mentioned local authority shall transfer to the other local authority— (
  3. i)in case the first-mentioned local authority are a vocational education committee—one-half of the repayment, and (
  4. ii)in any other case—the whole of the repayment. 26 Exclusions from salary and emoluments. 26.
(1)In this Part of this Scheme neither "salary" nor "emoluments" shall include any of the following: ( a ) payments for overtime, ( b ) travelling expenses, ( c ) payments for acting as superintendent registrar of births, deaths and marriages or as registrar of marriages, ( d ) payments for special work of a casual or temporary nature, ( e ) payments for filling a position temporarily unless the period for which the payments are made is two years or more reckoned back from cesser of office, ( f ) such perquisites in kind (or a monetary payment given in lieu of such perquisites) as may be specified by the Minister, ( g ) allowances to cover particular expenses or needs.
(2)The Minister may, if he thinks fit, direct that payments of a specified kind, being a kind mentioned in paragraph (a) or paragraph (g) of sub-article
(1), shall be for the purposes of this Part of this Scheme part of the salary of a particular officer, of officers of a particular class or of every officer, and thereupon, notwithstanding sub-article
(1), "salary" shall in this Part of this Scheme, include, as respects that officer, officers of that class or every officer (as may be appropriate) payments of that kind. 27 Calculation of pensionable remuneration of registered officer. 27.
(1)A local authority shall from time to time determine the annual money value of every (if any) emolument, being any apartments, rations or other perquisites in kind, of a registered officer.
(2)The pensionable remuneration of a registered officer for the purposes of this Part of this Scheme shall be— ( a ) in case he has been an officer of a local authority during the whole of the relevant period and his salary has during the relevant period and the period (if any) thereafter ending on cesser of office, not changed otherwise than in accordance with changes applicable generally to the class, description or grade of officers to which he belonged at the expiration of the relevant period, or ( b ) in case— (
  1. i)he dies, or (
  2. ii)he ceases to hold his office because of his having become incapable of performing his duties by reason of permanent infirmity of mind or body, his annual rate of salary at the date of cesser of office together with the annual average of his emoluments (if any) in respect of the relevant period provided his pensionable remuneration would have been so determined if— (I) in the case of paragraph (
  3. b)(
  4. i)he had continued in office until he attained the age-limit therefor, and (II) in the case of paragraph (
  5. b)(
  6. ii)he had continued in office until he attained the minimum retiring age therefor, ( c ) in any other case— the uprated annual average of his salary during the relevant period determined in accordance with the formula set out in the table hereto together with the annual average of his emoluments (if any) during that period. TABLE (A x B) + (C x D) N N where— A is the number of days in the relevant period served in the position held by him at the commencement of that period, B is the annual rate of salary which he would have had at the date of cesser of office if he had continued to hold the position held by him at the commencement of the relevant period,70 C is the number of days in the relevant period served in the position which he held at the expiration of the relevant period, D is the annual rate of salary at date of cesser of office, N is 1,095 days where the relevant period is three years and, in any other case, is the number of days in the relevant period, provided that, if his position changed more than once during the relevant period, the formula shall be modified by the insertion after the value (A x B), of the value, + (E x F), in N N respect of each such additional change, where in any value so inserted— E equals the number of days in the relevant period served in the additional position to which the value relates, and F equals the annual rate of salary which he would have had at the date of cesser of office if he had continued to hold the additional position to which the value relates.
(3)( a ) Where a registered officer ceased to hold his office or died in office during the period beginning on the 1st day of October, 1982 and ending on the 31st day of December, 1982, and his salary at the date of cesser of office was one which was affected by paragraph 1 of the Proposals, his salary for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding sub-article
(2), be deemed to be the salary which would have been appropriate had payment of the third phase of the increase provided for in Clause 2 of the Public Service Pay Agreement not been postponed by the said paragraph 1 to the 1st day of January, 1983. ( b ) Where a registered officer ceased to hold his office or died in office and his salary at the date of cesser of office was one which was affected by paragraph 2 of the Proposals, or, had the Proposals been implemented on such date, his said salary would have been so affected, his salary for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding sub-article
(2), be deemed to be the salary which would have been appropriate had the revision of the Public Service Pay Agreement by the said paragraph 2 not taken place. ( c ) Where a registered officer ceased to hold his office or died in office and his salary at the date of cesser of office was one which was affected by paragraph 3I of the Proposals, or, had the Proposals been implemented on such date, his said salary would have been so affected, his salary for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding sub-article
(2), be deemed to be the salary which would have been appropriate if 40 per cent. of the increase provided for in the relevant settlement, finding or offer had been payable from the effective date set out in such settlement, finding or offer. ( d ) In this sub-article— "the Proposals" means the proposals for amendment of the Public Service Pay Agreement which were accepted by the Public Services Committee of the Irish Congress of Trade Unions on the 10th day of November, 1982; "the Public Service Pay Agreement" means the agreement on pay in the public service made in December, 1981, between the Minister for the Public Service and the Public Services Committee of the Irish Congress of Trade Unions.
(4)Where the officer has been an officer for part only of the relevant period and during the whole or part of the remainder of that period, he was an employee of a local authority, his wages as such employee shall, for the purposes of sub-article
(2)(c), be regarded as salary.
(5)Notwithstanding any other provisions of this Scheme, in sub-article
(2)"salary" and "emoluments" shall, in relation to any position not under a local authority service in which is capable of being reckoned under this Scheme, have the same meanings respectively as they have in the provisions relating to superannuation applicable to the position and, in addition, "salary" shall include remuneration of an employee in any such position.
(6)In this article "the relevant period" means— ( a ) in case the period or the aggregate of periods which the officer is entitled to reckon as service under this Part of this Scheme is less than three years—such period or the aggregate of such periods, and ( b ) in any other case—the period or the aggregate of the periods comprising the last three years of his service.
(7)Notwithstanding the provisions of sub-article
(2)(a), where a registered officer on or after the 10th day of January, 1984, ceases to hold office on reaching the age of sixty-five years, and within a period not exceeding three calendar months after such date, the salary for the class or grade of officers to which he belonged at the cesser of office is increased as a result of a general salary increase affecting all classes and grades of officers, then, if the Minister in his absolute discretion so determines, his salary shall, for the purposes of article 14 only, be deemed to be the salary which would have been appropriate had the increase in salary been applicable on the date the officer ceased to hold his office, provided that the officer is alive on the date the salary increase becomes effective.
(8)Where the terms of an agreement on pay in the public service made with the consent of a Minister of the Government and of the Minister for the Public Service specify that the pensionable remuneration of a registered officer for the purposes of determining a lump sum under article 14 or a lump sum under article 14 together with an allowance under article 15 shall be calculated otherwise than in accordance with the foregoing provisions of this article, such pensionable remuneration shall be calculated having regard to the terms of such agreement.
(9)For the purposes of sub-article
(2), the words"salary" and "emoluments" shall, as respects a registered officer who is sharing a wholetime office with one other officer under an approved job-sharing scheme, mean his salary and emoluments, respectively, as increased by 100 per cent. 28 Transitional provisions for Part II. 28.
(1)( a ) Where, at any time between the 27th day of May, 1977 and the 31st day of May, 1978, a person, being a pensionable officer of a local authority, opted, in writing, before the 30th day of June, 1978, to the local authority to have the provisions of this Scheme applied to him, the local authority shall transfer his name from the register of pensionable officers maintained by them under the provisions of section 7 of the Act of 1956 and shall enter his name in Part I of the Register and the entry shall have effect as if it had been made on the 27th day of May, 1977, or, on the date, not being after the 31st day of May, 1978, on which he became such pensionable officer. ( b ) An option referred to in paragraph (a) exercised by the legal personal representative of a person shall be regarded as an exercise by that person.
(2)( a ) Where a person, being a mental hospital officer on the 27th day of May, 1977, not being a pensionable officer of a local authority on account of an option which he exercised pursuant to subsection
(5)(
  1. d)of section 7 of the Act of 1956, opted, in writing, before the 30th day of June, 1978, to the local authority to have the provisions of this Scheme applied to him, the local authority shall enter his name in Part I of the Register and the entry shall have effect as if it had been made on the 27th day of May, 1977. ( b ) An option referred to in paragraph (
  2. a)exercised by the legal personal representative of a person shall be regarded as an exercise by that person.
(3)The following provisions shall have effect in relation to a mental hospital officer whose name is entered in Part I of the Register on account of an option referred to in sub-article
(2): ( a ) where immediately before becoming so registered he was contributing under section 9 of the Asylum Officers' Superannuation Act, 1909 and was for the purposes of that Act an officer of the first class, the provisions of sections 77, 78 and 79 of the Act of 1945, shall, notwithstanding paragraph (a) of subsection
(2)of section 64 of that Act, apply to him and, for this purpose, his name shall be deemed to be entered in the register maintained under section 65 of that Act; ( b ) where immediately before becoming so registered he was subject, by virtue of section 64 of the Act of 1945, to the Asylum Officers' Superannuation Act, 1909, he shall, on becoming so registered, cease to be subject to that Act; ( c ) as respects a person other than a person to whom paragraph (b) applies— (I) none of the following sections, that is to say, sections 66, 67, 68, 69, 70, 71, 72, 76, 85 and 86 of the Act of 1945, shall apply to him, and (II) subsection
(2)of section 63 and sections 77, 78 and 79 of the said Act shall not apply to him save as respects a continuous period as a mental hospital officer beginning not later than the 27th day of May, 1977; ( d ) the provisions of paragraph (c) shall also apply as respects a person whose name is entered in Part I of the Register otherwise than on account of an option exercised by him pursuant to sub-article
(2)provided the entry is made from the expiration of a continuous period of such person's being a mental hospital employee which began not later than the 27th day of May, 1977, and as from which date the person's name was entered in Part II of the Register on account of an option exercised by him pursuant to article 50
(2).
(4)The provisions of subsections
(4),
(5),
(9),
(10)and
(11)of section 28 of the Act of 1956 shall apply as respects a registered officer to whom, immediately before he became a registered officer, such provisions applied.
(5)( a ) No contribution under article 23 shall be required during a continuous period of service after becoming a registered officer from a person who, immediately before he became a registered officer, was a person to whom subsection
(6),
(7)or
(8)of section 28 of the Act of 1956 applied. ( b ) No contribution under article 23 shall be required during a continuous period of service after becoming a registered officer from a person who, immediately before he became a registered officer, was then a person to whom article 50
(5)(a) applied. PART III REGISTERED EMPLOYEES 29 General limitations on service to be reckoned by registered employee. 29.
(1)A provision of this Part of this Scheme entitling a registered employee to reckon as service any period shall be subject to the overriding qualification that he shall not be entitled so to reckon a particular period more than once nor shall he be entitled so to reckon any of the following: ( a ) (
  1. i)any period in respect of which he has already received a lump sum, an allowance or a gratuity under this Scheme or any other scheme relating to superannuation or under any Act relating to superannuation service for the purposes of which is capable of being reckoned under this Scheme, unless, in the case of a gratuity, having been entitled to repay such gratuity, he has done so, or (
  2. ii)any period in respect of which he has already been granted a preserved pension or preserved lump sum under any scheme or Act relating to superannuation, ( b ) any period in respect of which any contributions for superannuation have been returned to him, unless, having been entitled to repay such contributions, he has done so, ( c ) any period before a date on which he was discharged or removed from his position for misconduct or unfitness save— (
  3. i)where he is imm

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.