S.I. No. 405/1985 - Local Government (Superannuation) (Job-Sharing) Regulations, 1985.

S.I. No. 405 of 1985.

LOCAL GOVERNMENT (SUPERANNUATION) (JOB-SHARING) REGULATIONS, 1985.

The Minister for the Environment, in exercise of the powers conferred on him by sections 3 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 Regulations:

1 Short Title.

1. These Regulations may be cited as the Local Government (Superannuation) (Job-Sharing) Regulations, 1985.

2 Commencement.

2. These Regulations shall be deemed to have come into force on the 1st day of December, 1985.

3 Definitions.

3. In these Regulations—

"the Act of 1956" means the Local Government (Superannuation) Act, 1956 (No. 10 of 1956);

"approved job-sharing scheme" means a scheme or arrangements for the sharing of a wholetime office or employment, by two officers or two servants

(i) where, in relation to officers or servants of a vocational education committee or school attendance committee, a job-sharing scheme has been approved by the Minister for Education,

(ii) where, in relation to officers or servants of a health board or other 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.

4 Amendment of section 2 of the Act of 1956.

4. (a) Section 2 of the Act of 1956 is hereby amended by the addition thereto of the definition of "approved job-sharing scheme" contained in article 3 of these Regulations.

( b ) For the purposes of paragraphs (a) and (b) of the definition of "service day" in section 2 of the Act of 1956, a servant who is sharing wholetime employment with another servant under an approved job-sharing scheme shall be deemed to include any day on which he would have worked or in respect of which he would have been given paid leave had he not been sharing his employment under such job-sharing scheme.

( c ) The definition of "registrable officer" is hereby amended by the addition of the following paragraph:

"(e) is sharing a wholetime office with one other officer under an approved job-sharing scheme.".

5 Amendment of section 11 of the Act of 1956.

5. Section 11 of the Act of 1956 is hereby amended by the substitution of the following paragraph for paragraph (a) of subsection (1):

"( a) service as a pensionable 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, ".

6 Amendment of section 27 of the Act of 1956.

6. For the purposes of subsection (2) of section 27 of the Act of 1956 the words "salary" and "emoluments" shall, as respects an 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 one hundred per cent.

7 Amendment of section 34 of the Act of 1956.

7. Section 34 of the Act of 1956 is hereby amended as follows:

( a ) by the substitution of the following paragraph for paragraph (b) of subsection (1):

"( b ) service as a pensionable 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, ";

( b ) by the insertion of a new subsection as follows after subsection (3):

"(3A) Notwithstanding the provisions of subsection (3) of this section, the aggregate of days to be expressed in terms of years by dividing by three hundred shall be reduced by half before such division for any period during which the servant shared wholetime employment with another servant under an approved job-sharing scheme.".

8 Amendment of section 47 of the Act of 1956.

8. For the purposes of subsection (2) of section 47 of the Act of 1956 the words "wages" and "emoluments" shall, as respects a servant who is sharing wholetime employment with one other servant under an approved job-sharing scheme, mean his "wages" and "emoluments", respectively, as increased by one hundred per cent.

GIVEN under the Official Seal of the Minister for the Environment this

6th day of December, 1985.

LIAM KAVANAGH,

Minister for the Environment.

The Minister for the Public Service hereby consents to the making of these Regulations.

GIVEN under the Official Seal of the Minister for the Public Service this

6th day of December, 1985.

JOHN BOLAND,

Minister for the Public Service.

EXPLANATORY NOTE.

The effect of these Regulations is to amend the existing statutory superannuation provisions for the staff of local authorities (including health boards and certain other bodies) contained in the Local Government (Superannuation) Act, 1956 (No. 10 of 1956) as amended by the Local Government (Superannuation) Regulations, 1984 ( S.I. No. 32 of 1984 ) to provide for the superannuation of persons who participate in approved job-sharing schemes.