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S.I. No. 302/2003 - Local Authority Members (Gratuity) (Amendment) Regulations, 2003

Obsah (4)Article 2Article 4Article 5Article 6

S.I. No. 302/2003 - Local Authority Members (Gratuity) (Amendment) Regulations, 2003 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach Englis

Article 2of the Principal Regulations.

3. Article 2 of the Principal Regulations, as amended by article 3 of the First Amendment Regulations, is hereby further amended by the substitution of the following definition for the definition of “qualifying service” contained therein: ‘ “qualifying service” means service given as a member of the local authority, or any other local authority, on or after the 4th day of May 2000, subject to the provisos that — (

  1. a)where a period of qualifying service of a person as a member of a local authority is concurrent with a period of qualifying service by him or her as a member of another local authority, only one such period shall be reckoned, which shall be the period which produces the more favourable result for him or her, and (
  2. b)in the case of a person — (
  3. i)who is a member of Dáil éireann or Seanad éireann, and (
  4. ii)who ceases to be a member of the local authority and, where applicable, any other local authority within the period commencing on the 4th day of May, 2003 and ending on the 30th day of September, 2003, it shall include service which he or she would have given had he or she continued to be such a member of the local authority and where applicable, any other local authority up to and including the next ordinary day of retirement of members of the local authority or local authorities of which he or she is a member after the enactment of the Local Government (No. 2) Act, 2003; ’.

Article 4of the Principal Regulations. 4. Article 4 of the Principal Regulations is hereby amended by the substitution of the following sub-article for sub-article

(2)thereof: “
(2)The specified circumstances specified in sub-article
(1)are as follows: (
  1. a)where the person has attained the age of 50 years, (
  2. b)where the person ceases to be a member on account of his or her having become incapable of performing his or duties as a member by reason of permanent infirmity of mind or body, (
  3. c)where the person dies while a member and a gratuity would have been granted to him or her if he or she had ceased to be a member by reason of permanent infirmity of mind or body on the date of his or her death, (
  4. d)where the person is a member of Dáil éireann or Seanad éireann and ceases to be a member of the local authority and, where applicable, any other local authority within the period commencing on the 4th day of May, 2003 and ending on the next ordinary day of retirement of members of the local authority or local authorities of which he or she is a member after the enactment of the Local Government (No. 2) Act, 2003 .”.

Article 5of the Principal Regulations. 5. Article 5 of the Principal Regulations is hereby amended by the substitution of the following sub-article for sub-article

(1)thereof: “
(1)(
  1. a)The amount of the gratuity to be granted pursuant to article 4 to a person, other than a person referred to in paragraph (b), shall be determined as — A × B × 3 _______ 20. (
  2. b)The amount of the gratuity to be granted pursuant to article 4 to a person who - (
  3. i)is a member of Dáil éireann or Seanad éireann, and (
  4. ii)ceases to be a member of the local authority and where applicable, any other local authority within the period commencing on the 4th day of May, 2003 and ending on the 30th day of September, 2003, shall be determined as — A × B × 3 + €5,000. _______ 20. (
  5. c)In this sub-article - A is the applicable annual rate payable by virtue of article 6
(1)and
(3)of the 2001 Regulations on the date he or she ceased to be a member, and B is the number of years of his or her gratuity service.”.

Article 6of the Principal Regulations.

6. Article 6 of the Principal Regulations is here by amended - (a) by the substitution of the following sub-article for sub-article (1 thereof: “

(1)Where a person ceases to be a member before he or she has attained the age of 50 years, other than in circumstances where the provisions of paragraph (b), (c) or (d) of article 4
(2)apply, and he or she has at that time not less than 3 years' qualifying service, the appropriate local authority shall grant to him or her (or, in the case of his or her death before attaining the age of 50 years, to his or her legal personal representative) a preserved gratuity with effect from the date he or she attains the age of 50 years or, if earlier, the date of his or her death.”, (b) by the addition of the following sub-article thereto: “
(4)A preserved gratuity determined under article 5 and sub-article
(2)shall be payable by the appropriate local authority as soon as is practicable following — (
  1. a)the date the person attains the age of 50 years, or (
  2. b)in the case of his or her death before attaining the age of 50 years, the date of death, subject to the proviso that, where the preserved gratuity is payable pursuant to paragraph (b), it shall not be paid until such time as probate or other proof of title of the legal personal representative of the deceased is furnished to the appropriate local authority.”. GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government this 3rd day of July, 2003. Martin Cullen _____________________________________ Minister for the Environment, Heritage and Local Government. The Minister for Finance hereby consents to the Local Authority Members (Gratuity (Amendment) Regulations, 2003. GIVEN under the Official Seal of the Minister for Finance this 11th day of July, 2003. Charlie McCreevy _____________________________________ Minister for Finance. EXPLANATORY NOTE (This note is not a part of the Instrument and does not purport to be a legal interpretation). These Regulations amend the Local Authority Members (Gratuity) Regulations, 2002. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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