Local Government (Superannuation) Act, 1980
In short
This law allows the Minister for the Environment to create superannuation (pension) schemes for employees of local authorities and certain other bodies, and to grant gratuities to them. It also permits the Minister to amend or repeal existing superannuation laws and related acts.
What it regulates
- The creation of superannuation schemes for employees, including pensions, lump sums, gratuities (like severance gratuities and injury benefits), and other allowances.
- The payment or receipt of funds related to the transfer of superannuation benefits or service between different bodies or funds.
- The application of schemes to individuals who have already died or ceased employment before the scheme's commencement.
- The amendment or repeal of existing laws and statutory instruments related to superannuation.
Who it concerns
- Employees of local authorities, vocational education committees, committees of agriculture, and school attendance committees.
- Employees of health boards and certain other bodies involved in providing health services, as designated by the Minister for Health.
Key points
- The Minister for the Environment can make schemes with the consent of the Minister for the Public Service.
- Schemes can have retrospective effect.
- Schemes may specify that payments can be made without probate for sums not exceeding a specified amount.
- A scheme can amend or repeal provisions in other statutes or statutory instruments, but if it affects the Social Welfare Acts, it requires the consent of the Minister for Social Welfare.
- The Act repeals the Local Government (Superannuation) Act, 1956, and other related enactments.
Legal text
Local Government (Superannuation) Act, 1980 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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- ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1980 Local Government (Superannuation) Act, 1980 Local Government (Superannuation) Act, 1980 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 8 of 1980 LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1980 ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Superannuation schemes as regards employees of local authorities and certain other bodies. 3. Minister may amend certain existing local government superannuation provisions. 4. Gratuities as regards certain non-pensionable service. 5. Regulations and schemes generally. 6. Savers. 7. Amendment of section 4 of Health (Corporate Bodies) Act, 1961. 8. Amendment of section 11 of Health Act, 1970. 9. Amendment of section 4 of Local Government Services (Corporate Bodies) Act, 1971. 10. Expenses, etc. 11. Repeals. 12. Short title and commencement. FIRST SCHEDULE Enactments Referred to in Section 3
- a)a local authority for the purposes of the Local Government Acts, 1925 to 1978, (
- b)a vocational education committee, (
- c)a committee of agriculture, (
- d)a school attendance committee; “the Minister” means the Minister for the Environment; “severance gratuity” means a gratuity payable under a scheme under section 2 of this Act to a person who is an employee of a body to which section 2 of this Act applies and who ceases to hold his office or employment, (
- a)in consequence of the abolition of the office held by him as such an employee, or (
- b)for the purpose of facilitating arrangements by which greater efficiency or economy can be effected as regards such body; “the Social Welfare Acts” means the following, namely, the Old Age Pensions Acts, 1908 to 1979, the Unemployment Assistance Acts, 1933 to 1979, the Widows' and Orphans' Pensions Acts, 1935 to 1979, the Social Welfare (Children's Allowances) Acts, 1944 to 1979, the Social Welfare Acts, 1952 to 1979, the Social Welfare (Supplementary Welfare Allowances) Acts, 1975 and 1979, and any enactment which amends or extends all or any of those Acts; “statute” and “statutory instrument” have the same meaning as they have, respectively, in section 3 of the Interpretation Act, 1937 . Superannuation schemes as regards employees of local authorities and certain other bodies. 2.—
- a)The Minister may, with the consent of the Minister for the Public Service, make a scheme or schemes for the granting of pensions, lump sums, gratuities (including severance gratuities and injury benefits) and other allowances on retirement or death, or in such other circumstances as may be specified therein, to or in respect of persons both employed by a body to which this section applies and of a class or description specified in the scheme. (
- b)Every body to any of whose employees a scheme under this section applies shall carry out the scheme in accordance with its terms, and without prejudice to the generality of the foregoing in case a scheme under this section requires a register to be established and maintained for the purposes of the scheme, and where such a scheme so provides, every such body shall enter the name of each such employee in the register, or, in case the scheme or any other scheme under this section provides for the division of the register, in such part thereof as is appropriate having regard to the terms of such scheme.
- a)have retrospective effect, (
- b)provide for the payment or receipt by any or all of the following: (
- i)the Minister for the Public Service, (
- ii)any body service with which is capable of being reckoned for the purposes of any such scheme, (iii) any person specified in the scheme, (
- iv)the Secondary Teachers Superannuation Fund, the Primary Teachers Superannuation Fund or any other superannuation fund so specified, of payments in respect of the transfer of superannuation benefits or service, being service which is capable of being reckoned for the purposes of a scheme under this section, or such other payments relating to superannuation as may be so specified, (
- c)apply in relation to pensions, allowances, lump sums or gratuities paid or payable to or in respect of persons who, having been employees of bodies to which this section applies, have died or ceased to be such employees before the commencement of the scheme, (
- d)require or authorise the payment of pensions, allowances, lump sums or gratuities to or in respect of persons mentioned in paragraph (
- c)of this subsection, (
- e)provide that a pension, allowance, lump sum, gratuity or payment which is either granted or required to be made, pursuant to a scheme under this section, to or in respect of a person of a class or description so specified, shall be paid by another person of a class or description so specified, being a person other than the first-mentioned person's employer, and where the scheme so provides provision shall also be made therein for the making by such employer to such other person of such payments relating to superannuation as may be so specified, (
- f)authorise the payment, without the production of probate or otherwise proving the title of the personal representative of a deceased person, of any sum, not exceeding an amount specified in the scheme, which is due in respect of any benefit under the scheme, (
- g)require that any body to any of whose employees the scheme applies shall establish and maintain a register for the purposes of the scheme, (
- h)specify the part of such register in which the names of the persons to whom the schemes applies, or the names of such persons who are persons of a specified class or description, are to be entered, (
- i)provide for the removal of the name of a person, in such circumstances as may be specified in the scheme, by a body from the register kept by it for the purposes of the scheme, or, in case the scheme or any other scheme under this section provides for the division of such register, from such part thereof as may be so specified, (
- j)provide that the names which, immediately before the commencement of the scheme, were entered in a register (which may be a register kept for the purposes of the Act of 1956) specified in the scheme by a body to any of whose employees the scheme applies, or any of those names which are the names of persons who are of a class or description so specified, shall be deemed to be entered in the register, or, as the case may be, in a part thereof so specified, kept by the body for the purposes of the scheme, (
- k)provide for any transitional matter or any matter ancillary or incidental to the foregoing.
- a)a local authority, (
- b)a health board, (
- c)any body (not being a health board) other than— (
- i)a corporate body established under the Act of 1961, or (
- ii)a joint board established under and for the purposes of an order under section 11 of the Act of 1970, which is engaged in the provision of services under the Health Acts, 1947 to 1970, and which is designated for the purposes of this section by the Minister for Health with the consent of the Minister. Minister may amend certain existing local government superannuation provisions. 3.—
- a)provide for the cesser or other amendment of any provision of, or of any statutory instrument made under, the Social Welfare Acts, (
- b)extend the application of subsection
- a)Any regulations made by the Minister under this Act may provide for the determination by the Minister of questions arising under, or by virtue of the making of, the regulations. (
- b)Any scheme made by the Minister under this Act may provide— (
- i)for the determination by a Minister of the Government specified in the scheme or by a person of a class or description so specified of questions arising under or by virtue of the making of the scheme, (
- ii)for the determination by such a Minister or by a person of such a class or description of any such question which is of a class or description so specified and for the determination by the Minister of any other such question.
- a)Subject to paragraph (
- b)of this subsection, the Minister shall not exercise the power conferred on him by section 2
- b)The restriction contained in paragraph (
- a)of this subsection shall not apply in relation to the exercise by the Minister of any of the powers therein mentioned where— (
- i)the persons to or in respect of whom the conditions are applied in consequence of the exercise of the power comprise a class or description of persons specified for the purposes of this paragraph in a scheme or schemes or in regulations made under section 2 or 3, respectively, of this Act, and (
- ii)the said conditions, or any one or more of them, are to apply to or in respect of such persons from a date which— (I) is specified in the scheme or regulations and which as regards a particular person is not later than that on which the person became a person of the said class or description, and (II) is not earlier than, in case the said conditions relate to the provision of pensions for the widows, orphans or other dependents of persons of the said class or description, the 1st day of January, 1970, or in any other case, the 1st day of June, 1978. Savers. 6.—
- a)operate to reduce any pension, allowance, gratuity, lump sum or return of contributions granted to or in respect of a person under any statute (other than this Act), (
- b)as regards any agreement, determination, decision, surrender, election or nomination made, notice or approval given or contribution paid under any such enactment, operate in a manner which is to the detriment of a person to whom the agreement, determination, decision, surrender, election, nomination, notice, approval or contribution relates, (
- c)as regards any other thing granted, made, given, paid or done under any such enactment, operate in a manner which is to the detriment of a person to which the thing relates, and, subject to the foregoing and to section 2
- g)the Minister may, with the consent of the Minister for the Environment, by order apply to employees of the board any scheme or regulations under the Local Government (Superannuation) Act, 1980, with such modifications or limitations as he thinks fit and specifies by order, and an order under this paragraph may have retrospective effect, (
- h)where an order under paragraph (
- g)of this subsection is made applying a scheme under the Local Government (Superannuation) Act, 1980, to employees of the board, the board shall carry out the scheme in accordance with its terms but subject to such modifications or limitations as may be specified in the order”. Amendment of section 4 of Local Government Services (Corporate Bodies) Act, 1971. 9.—Section 4 of the Act of 1971 is hereby amended by— (
- a)the insertion of “or any scheme or regulations under the Local Government (Superannuation) Act, 1980,” both before “to the body” in paragraph (
- c)of subsection
- a)Sections 7 and 8 of this Act shall be deemed to have come into operation on such day or days, prior to the passing of this Act, as may be fixed therefor by order or orders of the Minister for Health made with the concurrence of the Minister. (
- b)Sections 2 , 3 , 4 , 9 and 10 of this Act shall be deemed to have come into operation on such day or days, prior to the passing of this Act, as may be fixed therefor by order of the Minister. (
- c)Section 11 of this Act shall come into operation on such day as may be fixed therefor by order of the Minister. FIRST SCHEDULE Enactments Referred to in Section 3
- Asylum Officers' Superannuation Act,
- The Whole Act. No. 5 of
- Local Government Act,
- Part IV. No. 19 of
- Mental Treatment Act,
- Part VIII. No. 4 of
- Local Government (Superannuation) Act,
- The Whole Act. No. 10 of
- Local Government (Superannuation) Act, 1956 . The Whole Act. No. 7 of
- Mental Treatment Act,
- Section
- SECOND SCHEDULE Enactments Repealed Section 11 . Number and Year Short Title Extent of Repeal No. 5 of
- Local Government Act, 1925 . Part IV . No. 29 of
- Vocational Education Act,
- Section
- No. 8 of
- Agriculture Act,
- Section
- No. 4 of
- Local Government (Superannuation) Act,
- The Whole Act. No. 10 of
- Local Government (Superannuation) Act, 1956 . The Whole Act. No. 13 of
- Pensions Abatement Act, 1965 . Sections 4 and 5 . No. 1 of
- Health Act, 1970 . Section 20 . Acts Referred to Health Act, 1970 1970, No. 1 Health (Corporate Bodies) Act, 1961 1961, No. 27 Interpretation Act, 1937 1937, No. 38 Legitimacy Act, 1931 1931, No. 13 Local Government Acts, 1925 to 1978 Local Government Services (Corporate Bodies) Act, 1971 1971, No. 6 Local Government (Superannuation) Act, 1956 1956, No. 10 Old Age Pensions Acts, 1908 to 1979 Social Welfare Acts, 1952 to 1979 Social Welfare (Children's Allowances) Acts, 1944 to 1979 Social Welfare (Supplementary Welfare Allowances) Acts, 1975 and 1979 Unemployment Assistance Acts, 1933 to 1979 Widows' and Orphans' Pensions Acts, 1935 to 1979 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