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Controls) Scheme, 1995. S.I. No. 367/1995 - Local Government (Superannuation) (Removal
Controls) Scheme, 1995. AmendmentsLeasuithe S.I. No. 367
1995. LOCAL GOVERNMENT (SUPERANNUATION) (REMOVAL
CONTROLS) SCHEME, 1995. The Minister for the Environment, in exercise
the power conferred on him by sections 2 and 5
the Local Government (Superannuation) Act, 1980 (No. 8
1980), with the consent
the Minister for Finance, hereby makes the following Scheme: 1 Short Title and Collective Citations. 1.
Controls) Scheme, 1995.
and Articles 2 and 3
this Scheme and the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 318
1984 ) shall be construed as one and may be cited together as the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 and 1985.
and Articles 2 and 4
this Scheme, the Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 ( S.I. no. 319
1984 ), the Local Government Employees (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1987 ( S.I. No. 314
1987 ) and the Local Government Employees (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1989 ( S.I. No. 241
1989 ) shall be construed as one and may be cited together as the Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 to 1995.
and Articles 2 and 5
this Scheme, the Local Government
ficers (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 ( S.I. No. 320
1984 ), the Local Government
ficers (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1987 ( S.I. No. 313
1987 ) and the Local Government
ficers (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1989 ( S.I. No. 242
1989 ) shall be construed as one and may be cited together as the Local Government
ficers (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 to 1995.
and Articles 2 and 6
this Scheme and the Local Government
ficers (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 321
1984 ) shall be construed as one and may be cited together as the Local Government
ficers (Widows and Orphans Contributory Pension) Scheme, 1984 and 1995.
and Articles 2 and 7
this Scheme, the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986 ( S.I. No. 363
1986 ) and the Local Government Employees (Spouses and Childrens Contributory Pension) (Amendment) Scheme, 1989 ( S.I. No. 239
1989 ) shall be construed as one and may be cited together as the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986 to 1995.
and Articles 2 and 8
this Scheme, the Local Government
ficers (Spouses and Childrens Contributory Pension) Scheme, 1986 ( S.I. No. 364
1986 ) and the Local Government
ficers (Spouses and Childrens Contributory Pension) (Amendment) Scheme, 1989 ( S.I. No. 240
1989 ) shall be construed as one and may be cited together as the Local Government
ficers (Spouses and Childrens Contributory Pension) Scheme, 1986 to 1995.
and Articles 2 and 9
this Scheme, the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391
1986 ), the Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1987 ( S.I. No. 315
1987 ), the Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1990 ( S.I. No. 126
1990 ), the Local Government (Superannuation Revision) (Consolidation) (Managers) Scheme, 1991 ( S.I. No. 341
1991 ), the Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1992 ( S.I. No. 293
1992 ), and the Local Government (Superannuation Revision) (Consolidation) (Managers) Scheme, 1993 ( S.I. No. 291
1993 ), shall be construed as one and may be cited together as the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 to 1995.
and Articles 2 and 10
this Scheme, the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316
1987 ), the Local Government (Superannuation) Act, 1956 (Consolidation) (Amendment) Scheme, 1990 ( S.I. No. 127
1990 ), the Local Government (Superannuation) Act, 1956 (Consolidation) (Managers) Scheme, 1991 ( S.I. No. 340
1991 ), the Local Government (Superannuation) Act, 1956 (Consolidation) (Amendment) Scheme, 1992 ( S.I. No. 292
1992 ), and the Local Government (Superannuation) Act, 1956 (Consolidation) (Managers) Scheme, 1993 ( S.I. No. 290
1993 ), shall be construed as one and may be cited together as the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 to 1995. 2 Commencement. 2. This Scheme shall be deemed to have come into force on the 6th day
September, 1993. 3 Amendment
Employees Widows and Orphans Contributory Pension Scheme. 3. The Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 is hereby amended as follows: (a) by the substitution for sub-article
article 6
the following sub-article: "
which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf
, the widow
a member, are satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment
pension, such local authority may, if they think fit, and, as respects any application received before the 6th day
September, 1993, subject to the approval
the Minister, grant or regrant, as may be appropriate, the pension as from, (
article 8
the following sub-articles: "
the deceased are at the time
, or at any time after, his death in the care
some person other than his widow, the local authority may, subject to the direction
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that for so long as they are in such care sub-article
the children
the deceased are at the time
, or at any time after, his death in the care
a person other than his widow, the rate
that portion
the children's pension which is payable in respect
the children who are in the care
that person may be calculated by reference to the rate specified in sub-article
children's pension payable in respect
a deceased shall not exceed one-half
the rate
the deceased's pension.
this article, where the deceased leaves a widow and no widow's pension is granted to her under this Scheme, or, if one is so granted to her and it ceases to be paid before her death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time
the widow or within the time in respect
which no widow's pension is payable, as may be appropriate, unless the local authority, subject to the direction
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that such a pension shall be so payable, and, in case the local authority so decide, they may further decide that sub-article
Employees Widows and Orphans Ex-Gratia Pension Scheme. 4. The Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984, as amended by the Local Government Employees (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1987 and the Local Government Employees (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1989, is hereby further amended as follows: (a) by the substitution for sub-article
article 6
the following sub-article: "
which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf
, the widow
the deceased, are satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment
pension, such local authority may, if they think fit, and, as respects any application received before the 6th day
September, 1993, subject to the approval
the Minister, grant or regrant, as may be appropriate, the pension as from, (
article 8
the following sub-articles: "
the deceased are at the time
, or at any time after, his death in the care
some person other than his widow, the local authority may, subject to the direction
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that for so long as they are in such care the rate
the children's pension may be calculated by reference to any or all, as may be appropriate,
the rates set out in Part I
the Table to sub-article
the children
the deceased are at the time
, or at any time after, his death in the care
a person other than his widow, the rate
that portion
the children's pension which is payable in respect
the children who are in the care
that person may be calculated by reference to any or all, as may be appropriate,
the following rates, namely, those specified in Part I
the Table to sub-article
children's pension payable in respect
a deceased shall not exceed, (i) during the period beginning on the commencement
this Scheme and ending on the 30th day
June, 1977 one-quarter
the rate
the deceased's pension, (ii) during the period beginning on the 1st day
July, 1977 and ending on the 30th day
June, 1979 one third
the rate
the deceased's pension, (iii) during the period beginning on the 1st day
July, 1979, and ending on the 31st day
December, 1985, five-twelfths
the rate
the deceased's pension, (iv) during the period beginning on the 1st day
January, 1986, and ending on the 31st day
December, 1986, eleven twenty-fourths
the rate
the deceased's pension, (v) as on and from the 1st day
January, 1987, one-half
the rate
the deceased's pension.
this article, where the deceased leaves a widow and no widow's pension is granted to her under this Scheme, or, if one is so granted to her and it ceases to be paid before her death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time
the widow or within the time in respect
which no widow's pension is payable, as may be appropriate, unless the local authority, subject to the direction
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that such a pension shall be so payable, and, in case the local authority so decide, they may further decide that sub-article
ficers Widows and Orphans Ex-Gratia Pension Scheme. 5. The Local Government
ficers (Widows and Orphans Ex-Gratia Pension) Scheme, 1984, as amended by the Local Government
ficers (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1987 and the Local Government
ficers (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1989, is hereby further amended as follows: (a) by the substitution for sub-article
article 6
the following sub-article: "
which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf
, the widow
the deceased, are satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment
pension, such local authority may, if they think fit, and, as respects any application received before the 6th day
September, 1993, subject to the approval
the Minister, grant or regrant, as may be appropriate, the pension as from, (
article 8
the following sub-articles: "
the deceased are at the time
, or at any time after, his death in the care
some person other than his widow, the local authority may, subject to the direction
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that for so long as they are in such care the rate
children's pension may be calculated by reference to any or all, as may be appropriate,
the rates set out in Part I
the Table to sub-article
the children
the deceased are at the time
, or at any time after, his death in the care
a person other than his widow, the rate
that portion
the childrens pension which is payable in respect
the children who are in the care
that person may be calculated by reference to any or all, as may be appropriate,
the following rates, namely, those specified in Part I
the Table to sub-article
children's pension payable in respect
a deceased shall not exceed, (i) during the period beginning on the commencement
this Scheme and ending on the 30th day
June, 1977, one-quarter
the rate
the deceased's pension, (ii) during the period beginning on the 1st day
July, 1977 and ending on the 30th day
June, 1979, one-third
the rate
the deceased's pension, (iii) during the period beginning on the 1st day
July, 1979, and ending on the 31st day
December, 1985, five-twelfths
the rate
the deceased's pension, (iv) during the period beginning on the 1st day
January, 1986, and ending on the 31st day
December, 1986, eleven twenty-fourths
the rate
the deceased's pension, (v) as on and from the 1st day
January, 1987, one-half
the rate
the deceased's pension.
this article, where the deceased leaves a widow and no widow's pension is granted to her under this Scheme, or, if one is so granted to her and it ceases to be paid before her death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time
the widow or within the time in respect
which no widow's pension is payable, as may be appropriate, unless the local authority, subject to the direction
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that such a pension shall be so payable, and, in case the local authority so decide, they may further decide that sub-article
ficers Widows and Orphans Contributory Pension Scheme. 6. The Local Government
ficers (Widows and Orphans Contributory Pension) Scheme, 1984 is hereby amended as follows: (a) by the substitution for sub-article
article 6
the following sub-article: "
which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf
, the widow
a member, are satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment
pension, such local authority may, if they think fit, and, as respects any application received before the 6th day
September, 1993, subject to the approval
the Minister, grant or regrant, as may be appropriate, the pension as from, (
article 8
the following sub-articles: "
the deceased are at the time
, or at any time after, his death in the care
some person other than his widow, the local authority may, subject to the direction
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that for so long as they are in such care sub-article
those sub-articles shall apply notwithstanding that the widow is still alive, and, in case the local authority so decide, this article shall be construed and shall have effect accordingly. (b) Where some but not all
the children
the deceased are at the time
, or at any time after, his death in the care
a person other than his widow, the rate
that portion
the children's pension which is payable in respect
the children who are in the care
that person may be calculated by reference to the rates specified in sub-articles
those sub-articles, as appropriate, provided that the amount
children's pension payable in respect
a deceased shall not exceed one-half
the rate
the deceased's pension.
this article, where the deceased leaves a widow and no widow's pension is granted to her under this Scheme, or, if one is so granted to her and it ceases to be paid before her death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time
the widow or within the time in respect
which no widow's pension is payable, as may be appropriate, unless the local authority, subject to the direction
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that such a pension shall be so payable, and, in case the local authority so decide, they may further decide that sub-article
Employees Spouses and Children's Contributory Pension Scheme. 7. The Local Government Employees (Spouses and Children's Contributory Pension) Scheme, 1986, as amended by the Local Government Employees (Spouses and Children's Contributory Pension) (Amendment) Scheme, 1989, is hereby further amended as follows: (a) by the substitution for sub-article
article 6
the following sub-article: "
which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf
, the spouse
a member, are satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment
pension, such local authority may, if they think fit, and, as respects any application received before the 6th day
September, 1993, subject to the approval
the Minister, grant or regrant, as may be appropriate, the pension as from, (
article 8
the following sub-articles: "
the deceased are at the time
, or at any time after, his death in the care
some person other than his spouse, the local authority may, subject to the direction
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that for so long as they are in such care sub-article
the children
the deceased are at the time
, or at any time after, his death in the care
a person other than his spouse, the rate
that portion
the children's pension which is payable in respect
the children who are in the care
that person may be calculated by reference to the rate specified in sub-article
children's pension payable in respect
a deceased shall not exceed one-half
the rate
the deceased's pension.
this article, where the deceased leaves a spouse and no spouse's pension is granted under this Scheme, or, if one is so granted and it ceases to be paid before the spouse's death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time
the spouse or within the time in respect
which no spouse's pension is payable, as may be appropriate, unless the local authority, subject to the direction
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that such a pension shall be so payable and, in case the local authority so decide, they may further decide that sub-article
ficers Spouses and Children's Contributory Pension Scheme. 8. The Local Government
ficers (Spouses and Children's Contributory Pension) Scheme, 1986, as amended by the Local Government
ficers (Spouses and Children's Contributory Pension) (Amendment) Scheme, 1989, is hereby further amended as follows: (a) by the substitution for sub-article
article 6
the following sub-article: "
which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf
, the spouse
a member, are satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment
pension, such local authority may, if they think fit, and, as respects any application received before the 6th day
September, 1993, subject to the approval
the Minister, grant or regrant, as may be appropriate, the pension as from, (
article 8
the following sub-articles: "
the deceased are at the time
, or at any time after, his death in the care
some person other than his spouse, the local authority may, subject to the direction
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that for so long as they are in such care sub-article
the children
the deceased are at the time
, or at any time after, his death in the care
a person other than his spouse, the rate
that portion
the children's pension which is payable in respect
the children who are in the care
that person may be calculated by reference to the rates specified in sub-article
children's pension payable in respect
a deceased shall not exceed one-half
the rate
the deceased's pension.
this article, where the deceased leaves a spouse and no spouse's pension is granted under this Scheme, or, if one is so granted and it ceases to be paid before the spouse's death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time
the spouse or within the time in respect
which no spouse's pension is payable, as may be appropriate, unless the local authority, subject to the direction
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that such a pension shall be so payable, and, in case the local authority so decide, they may further decide that sub-article
Superannuation Revision Consolidation Scheme. 9. The Local Government (Superannuation Revision) (Consolidation) Scheme, 1986, as amended by the Local Government (Supervision Revision) (Consolidation) (Amendment) Scheme, 1987, the Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1990, the Local Government (Superannuation Revision) (Consolidation) (Managers) Scheme, 1991, the Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1992 and the Local Government (Superannuation Revision) (Consolidation) (Managers) Scheme, 1993, is hereby further amended as follows: (a) by the substitution for sub-article
article 26
the following sub-article; "
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that payments
a specified kind, being a kind mentioned in paragraph (a) or paragraph (g)
sub-article
this Part
this Scheme part
the salary
a particular
ficer,
ficers
a particular class or
every
ficer, and thereupon, notwithstanding sub-article
this Scheme, include, as respects that
ficer,
ficers
that class or every
ficer (as may be appropriate), payments
that kind.". (b) by the substitution for sub-article
article 27
the following sub-article: "
sub-article
ficer on or after the 10th day
January, 1984, ceases to hold
fice on reaching the age
sixty-five years, and within a period not exceeding three calendar months after such date, the salary for the class or grade
ficers to which he belonged at the date
cesser
ficer is increased as a result
a general salary increase affecting all classes and grades
ficers, then, the salary
such
ficer shall, subject to the determination
the Minister as respects any cesser
fice arising before the 6th day
September, 1993, for the purposes
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
ficer ceased to hold his
fice, provided that the
ficer is alive on the date the salary increase becomes effective.". (c) by the substitution for sub-article
article 48
the following sub-article: "
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that payments
a specified kind, being a kind mentioned in paragraph (a) or paragraph (e)
sub-article
this Part
this Scheme part
the wages
a particular employee,
employees
a particular class or
every employee, and thereupon, notwithstanding sub-article
this Scheme, include, as respects that employee, employees
that class or every employee (as may be appropriate), payments
that kind.". (d) by the substitution for sub-article
article 49
the following sub-article: "
sub-article
January, 1984, ceases to hold his employment on reaching the age
sixty-five years, and within a period not exceeding three calendar months after such date, the rate
wages for the class or grade
employees to which he belonged at the date
cesser
his employment is increased as a result
a general wages increase affecting all classes and grades
employees, then, the wages
such employee shall, subject to the determination
the Minister as respects any cesser
employment arising before the 6th day
September, 1993, for the purposes
article 37 only, be deemed to be the wages which would have been appropriate had the increase in the rate
wages been applicable on the date the employee ceased to hold his employment, provided that the employee is alive on the date the increase in wages becomes effective.". 10 Amendment
Superannuation Act, 1956 Consolidation Scheme. 10. The Local Government (Superannuation ) Act, 1956 (Consolidation) Scheme, 1987, as amended by the Local Government (Superannuation ) Act, 1956 (Consolidation) (Amendment) Scheme, 1990, the Local Government (Superannuation ) Act, 1956 (Consolidation) (Managers) Scheme, 1991, the Local Government (Superannuation ) Act, 1956 (Consolidation) (Amendment) Scheme, 1992 and the Local Government (Superannuation ) Act, 1956 (Consolidation) (Managers) Scheme, 1993, is hereby further amended as follows: (a) by the substitution for sub-article
article 24
the following sub-article: "
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that payments
a specified kind, being a kind mentioned in paragraph (a) or paragraph (g)
sub-article
this Part
this Scheme part
the salary
a particular
ficer,
ficers
a particular class or
every
ficer, and thereupon, notwithstanding sub-article
this Scheme, include, as respects that
ficer,
ficers
that class or every
ficer (as may be appropriate), payments
that kind.". (b) by the substitution for sub-article
article 25
the following sub-article: "
sub-article
ficer on or after the 10th day
January, 1984, ceases to hold
fice on reaching the age
sixty-five years, and within a period not exceeding three calendar months after such date, the salary for the class or grade
ficers to which he belonged at the date
cesser
ficer is increased as a result
a general salary increase affecting all classes and grades
ficers, then, the salary
such
ficer shall, subject to the determination
the Minister as respects any cesser
fice arising before the 6th day
September, 1993, for the purposes
article 13 only, be deemed to be the salary which would have been appropriate had the increase in salary been applicable on the date the
ficer ceased to hold his
fice, provided that the
ficer is alive on the date the salary increase becomes effective.". (c) by the substitution for sub-article
article 43
the following sub-article: "
the Minister as respects any decision arising under this sub-article before the 6th day
September, 1993, decide that payments
a specified kind, being a kind mentioned in paragraph (a) or paragraph (e)
sub-article
this Part
this Scheme part
the wages
a particular servant,
servants
a particular class or
every servant, and thereupon, notwithstanding sub-article
this Scheme, include, as respects that servant, servants
that class or every servant (as may be appropriate), payments
that kind.". GIVEN under the
ficial Seal
the Minister for the Environment, this 21st day
December, 1995. BRENDAN HOWLIN, Minister for the Environment. The Minister for Finance hereby consents to the Local Government (Superannuation ) (Removal
Controls) Scheme, 1995. GIVEN under the
ficial Seal
the Minister for Finance, this 21st day
December, 1995. RUAIRÍ QUINN, Minister for Finance. EXPLANATORY NOTE. This Scheme gives statutory effect to the removal
certain controls, exercised by the Minister for the Environment in relation to the operation
the Local Government Superannuation Schemes, as they apply to Health Boards, Vocational Education Committees and certain other bodies. These controls were removed as respects Local Authorities by the Local Government Act, 1991 (Removal
Controls) Regulations,
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.