S.I. No. 292/1992 - Local Government (Superannuation) Act, 1956 (Consolidation) (Amendment) Scheme, 1992.

S.I. No. 292 of 1992.

LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1956 (CONSOLIDATION) (AMENDMENT) SCHEME, 1992.

The Minister for the Environment, in exercise of the power conferred on him by sections 2 and 5 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980), with the consent of the Minister for Finance, hereby makes the following Scheme:

1 Short Title.

1. ( a ) This Scheme may be cited as the Local Government (Superannuation) Act, 1956 (Consolidation) (Amendment) Scheme, 1992.

( b ) This Scheme, the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ), the Local Government (Superannuation) Act, 1956 (Consolidation) (Amendment) Scheme, 1990 ( S.I. No. 127 of 1990 ) and the Local Government (Superannuation) Act, 1956 (Consolidation) (Managers) Scheme, 1991 ( S.I. No. 340 of 1991 ) shall be construed as one and may be cited together as the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 to 1992.

2 Commencement.

2. (1) Article 4 shall be deemed to have come into force on the 10th day of January, 1984.

(2) Articles 5, 7, 8, 9 and 10 shall be deemed to have come into force on the 27th day of May, 1977.

(3) Article 6 shall be deemed to have come into force on the 1st day of January, 1988.

3 Interpretation.

3. In this Scheme:—

"the Principal Scheme" means the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987.

4 Amendment of article 3 of the Principal Scheme.

4. Article 3 of the Principal Scheme is hereby amended—

( a ) by the deletion of the word "immediately" from paragraph (f) of the definition of "service day" in sub-article (1), and

( b ) by the addition of the following sub-article after sub-article (5):

"(6) Paragraph (f) of the definition of "service day" shall not operate so as to apply to a pensionable servant conditions which are less favourable than those which would have applied to him had the said paragraph (f) not been in operation.".

5 Amendment of article 23 of the Principal Scheme.

5. Article 23 of the Principal Scheme is hereby amended—

( a ) by the insertion of the words (or his legal personal representative on his behalf)" before the words "shall be entitled" and "does repay" wherever they occur, and

( b ) by the insertion of the following sub-article after sub-article (2):

"(2A) The foregoing provisions of this article shall apply in respect of a person who becomes employed, on or after the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme, subject to the provisos that—

(i) the person shall not be required to make the repayment within a specified period after the subsequent appointment, and

(ii) an additional sum shall be payable by him, calculated on a basis determined by the Minister, in respect of compound interest.".

6 Amendment of article 24 of the Principal Scheme.

6. Article 24 of the Principal Scheme is hereby amended by the substitution of the following paragraph for paragraph (f) of sub-article (1):

"(f) payments for filling a position temporarily unless the period for which the payments are made is a continuous period of two years or more or, in relation to an officer referred to in subparagraph (ii), subject to such conditions as may be determined by the Minister, less than two years reckoned back from—

(i) where the officer is in receipt of the payments on the date of cesser of office, the said date, or

(ii) where, on or after the 1st day of January, 1988, the officer is appointed to the position he filled temporarily, the date of such appointment,".

7 Amendment of Article 27 of the Principal Scheme.

7. Article 27 is hereby amended by the deletion of the words "up to and including the local financial year ending on the 31st day of December, 1977" from and the insertion of the words "he is not an "eligible employee" as defined in article 3 (1) of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 and" before the words "he has had in that local financial year" in sub-article (2).

8 Amendment of Article 42 of the Principal Scheme.

8. Article 42 of the Principal Scheme is hereby amended—

( a ) by the insertion of the words "(or his legal personal representative on his behalf)" before the words "shall be entitled" and "does repay" wherever they occur, and

( b ) by the insertion of the following sub-article after sub-article (2):

"(2A) The foregoing provisions of this article shall apply in respect of a person who becomes employed, on or after the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme, subject to the provisos that—

(i) the person shall not be required to make the repayment within a specified period after the subsequent appointment, and

(ii) an additional sum shall be payable by him, calculated on a basis determined by the Minister, in respect of compound interest.".

9 Amendment of article 52 of the Principal Scheme.

9. Article 52 of the Principal Scheme is hereby amended—

( a ) by the insertion of the following sub-article after sub-article (1):

"(1A) ( a ) Notwithstanding the provisions of sub-article (1), the Minister may direct that a payment, calculated in accordance with such tables as are approved by him, shall be made to a local authority by the appropriate authority in respect of the transfer of a period of service and such payment shall be in lieu of any refund otherwise proper to be made under the said sub-article (1).

( b ) Any period for which a payment is made under paragraph (a) shall be regarded as having been served with the local authority to which such payment was made.

( c ) The provisions of articles 21 (4) and 40 (4) shall apply to payments made under paragraph (a) as if they were contributions received by them under the said articles 21 and 40.",

( b ) by the insertion of the words "or such other payments as are approved by the Minister" after the words "the appropriate refunds" in sub-article (7), and

( c ) by the insertion of the words "or payments" after the word "refunds" in sub-article (8).

10 Amendment of article 62 of the Principal Scheme.

10. Article 62 of the Principal Scheme is hereby amended—

( a ) by the insertion of the words "(or his legal personal representative on his behalf)" before the words "shall be entitled" and "does repay" in sub-article (1), and

( b ) by the insertion of the following sub-article after sub-article (1):—

"(1A) The foregoing provisions of this article shall apply in respect of a person who becomes employed, on or after the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme, subject to the provisos that—

(i) the person shall not be required to make the repayment within a specified period after the subsequent appointment, and

(ii) an additional sum shall be payable by him, calculated on a basis determined by the Minister, in respect of compound interest.".

GIVEN under the Official Seal of the Minister for the Environment, this 13th day of October, 1992.

MICHAEL SMITH,

Minister for the Environment.

The Minister for Finance hereby consents to the Local Government (Superannuation) Act 1956 (Consolidation) (Amendment) Scheme, 1992.

GIVEN under the Official Seal of the Minister for Finance, this 13th day of October, 1992.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

This Scheme amends the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987, principally to give effect to changes introduced in the provisions relating to inclusion of acting-up payments as part of pensionable pay and the contributions payable between authorities in respect of transfers of service for superannuation purposes.