Local Government (Superannuation) Act, 1980
What is this act about?
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.
Who it applies to: 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.
At a glance
- Country
- Ireland
- Area of law
- Labour law
- Articles
- 12
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- 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 does this act apply to?
- 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.
What are the 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.
Labour law
Legal text
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.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.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
Section 1
Definitions.
Section 2
Superannuation schemes as regards employees of local authorities and certain other bodies.
Section 3
Minister may amend certain existing local government superannuation provisions.
Section 4
Gratuities as regards certain non-pensionable service.
Section 5
Regulations and schemes generally.
Section 6
Savers.
Section 7
Amendment of section 4 of Health (Corporate Bodies) Act, 1961.
Section 8
Amendment of section 11 of Health Act, 1970.
Section 9
Amendment of section 4 of Local Government Services (Corporate Bodies) Act, 1971.
Section 10
Expenses, etc.
Section 11
Repeals.
Section 12
Short title and commencement.
FIRST SCHEDULE Enactments Referred to in Section 3 (1) SECOND SCHEDULE Enactments Repealed Number 8 of 1980 LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1980 AN ACT TO ENABLE THE MINISTER FOR THE ENVIRONMENT TO MAKE SUPERANNUATION SCHEMES AS REGARDS, AND TO ENABLE GRATUITIES TO BE GRANTED TO OR IN RESPECT OF, EMPLOYEES OF CERTAIN BODIES AND FOR THOSE PURPOSES TO ENABLE THAT MINISTER TO AMEND OR REPEAL CERTAIN ENACTMENTS RELATING TO SUPERANNUATION, TO AMEND THE HEALTH (CORPORATE BODIES) ACT, 1961 , THE HEALTH ACT, 1970 , AND THE LOCAL GOVERNMENT SERVICES (CORPORATE BODIES) ACT, 1971 , SO AS TO ENABLE, WITH CERTAIN MODIFICATIONS OR LIMITATIONS, SCHEMES UNDER THIS ACT TO BE APPLIED AS REGARDS, AND SUCH GRATUITIES TO BE GRANTED TO OR IN RESPECT OF, EMPLOYEES OF CERTAIN OTHER BODIES, TO REPEAL THE LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1956 , AND CERTAIN OTHER ENACTMENTS RELATING TO SUPERANNUATION, AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [4th June, 1980] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definitions.
1.—In this Act— “the Act of 1956” means the Local Government (Superannuation) Act, 1956 ; “the Act of 1961” means the Health (Corporate Bodies) Act, 1961 ; “the Act of 1970” means the Health Act, 1970 ; “the Act of 1971” means the Local Government Services (Corporate Bodies) Act, 1971 ; “local authority” means any of the following bodies: (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.—(1) (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.
(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.
Minister may amend certain existing local government superannuation provisions.
3.—(1) Subject to section 5
Gratuities as regards certain non-pensionable service.
4.—(1) Where a person ceases to be employed by a body to which section 2 of this Act applies, subject to subsections (3) and (4) of this section, the body may pursuant to and in accordance with regulations made by the Minister under this section with the consent of the Minister for the Public Service, and having regard to service by the person which both— (a) is specified for the time being under the said subsection (3) and (b) may as regards the person be taken into account in pursuance of the said subsection (3), grant to or in respect of the person a gratuity.
Regulations and schemes generally.
5.—(1) Every regulation or scheme made under this Act, other than a regulation under section 3 (3), shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or scheme is passed by either such House within the next twenty-one days on which that House has sat after the regulation or scheme is laid before it, the regulation or scheme, as the case may be, shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Savers.
6.—(1) Subject to the proviso to section 5
Amendment of section 4 of Health (Corporate Bodies) Act, 1961.
7.—Section 4 of the Act of 1961 is hereby amended by— (a) the insertion of “, or any scheme or regulations under the Local Government (Superannuation) Act, 1980,” before “to the body” in paragraph (b) of subsection (2) and before both “to a body” and “has been applied” in subsection (3), and the said paragraph (b) and subsection (3), as amended by this section and by the Local Government (Alteration of Name of Department and Title of Minister) Order, 1977, are set out in paragraphs 1 and 2, respectively, of the Table to this section; and (b) the insertion of the following subsections after subsection (3): “(4) Where an establishment order or any order amending an establishment order includes provisions for the application of a scheme under the Local Government (Superannuation) Act, 1980, the body concerned shall carry out the scheme in accordance with its terms but subject to such modifications as may be specified in the order.
TABLE 1. (b) the application of the Local Government (Superannuation) Act, 1956 , or any scheme or regulations under the Local Government (Superannuation) Act, 1980, to the body as if it were a local authority but subject to any modifications (including modifications relating to service reckonable as pensionable service) which may, with the consent of the Minister for the Environment, be specified in the order.
Amendment of section 11 of Health Act, 1970.
8.—Section 11 (3) of the Act of 1970 is hereby amended by the addition of the following paragraphs: “(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 (2) and before “to a body” in subsection (4), and the said paragraph (c) and subsection (4), as so amended, are set out in paragraphs 1 and 2, respectively, of the Table to this section; and (b) the insertion of the following subsections after subsection (4): “(5) Where an establishment order or any order amending an establishment order includes provisions for the application of a scheme under the Local Government (Superannuation) Act, 1980, the body concerned shall carry out the scheme in accordance with its terms but subject to such modifications as may be specified in the order.
TABLE 1.(c) the superannuation of officers and servants of the body including, if the Minister thinks fit, provisions for the application of the Act of 1956 or any scheme or regulations under the Local Government (Superannuation) Act, 1980, to the body as if it were a local authority but subject to any modifications which may be specified in the order;
Expenses, etc.
10.—(1) The expenses incurred by any Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeals.
11.—The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
Short title and commencement.
12.—(1) This Act may be cited as the Local Government (Superannuation) Act, 1980.
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 (1)
Section 3
Session and Chapter or Number and Year Short Title Extent to which section 3 (1) applies 9 Edw. 7, c. 48.
Asylum Officers' Superannuation Act, 1909.
The Whole Act.
No. 5 of 1925.
Local Government Act, 1925.
Part IV.
No. 19 of 1945.
Mental Treatment Act, 1945.
Part VIII.
No. 4 of 1948.
Local Government (Superannuation) Act, 1948.
The Whole Act.
No. 10 of 1956.
Local Government (Superannuation) Act, 1956 .
The Whole Act.
No. 7 of 1961.
Mental Treatment Act, 1961.
Section 41.
SECOND SCHEDULE Enactments Repealed
Section 11
.
Number and Year Short Title Extent of Repeal No. 5 of 1925.
Local Government Act, 1925 .
Part IV
.
No. 29 of 1930.
Vocational Education Act, 1930.
Section 25.
No. 8 of 1931.
Agriculture Act, 1931.
Section 19.
No. 4 of 1948.
Local Government (Superannuation) Act, 1948.
The Whole Act.
No. 10 of 1956.
Local Government (Superannuation) Act, 1956 .
The Whole Act.
No. 13 of 1965.
Pensions Abatement Act, 1965 .
Sections 4 and 5 .
No. 1 of 1970.
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