S.I. No. 335/1982 - Civil Service Superannuation Regulations, 1982.

S.I. No. 335 of 1982.

CIVIL SERVICE SUPERANNUATION REGULATIONS, 1982.

I, GENE FITZGERALD, Minister for the Public Service, in exercise of the powers conferred on me by section 3 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Civil Service Superannuation Regulations, 1982.

(2) Regulation 2 of these Regulations shall have effect as on and from the 1st day of February, 1972.

(3) Regulation 3 of these Regulations shall have effect as on and from the 1st day of January, 1981.

(4) Regulations 1, 4 and 5 of these Regulations shall have effect as on and from the 1st day of June, 1973.

2. Section 28 of the Superannuation Act, 1834, is hereby amended by the addition of the following subsection:

"(2) ( a ) This subsection applies to a person referred to in paragraph 5 (c) of Agreed Report No. 374 of the Revenue Departmental Council set up under the Scheme of Conciliation and Arbitration for the Civil Service, that is to say, a person who—

(i) on the 31st day of January, 1972, was serving in the former grade of Assistant Preventive Officer of Customs and Excise, the former grade of Preventive Officer of Customs and Excise or the former grade of Chief Preventive Officer of Customs and Excise, and

(ii) would, if he had retired or died while still serving in one of those grades, have been eligible to have the value of a uniform reckoned for superannuation purposes.

( b ) Where a person to whom this subsection applies retires or dies while in a grade not higher than that of Higher Officer of Customs and Excise, the value of the uniform referred to in paragraph (a) of this subsection (as determined by the Minister for the Public Service) shall be reckoned for superannuation purposes, whether or not the person has the benefit of the uniform on the date of retirement or death.".

3. Section 3 of the Superannuation Act, 1887, is hereby amended by the insertion of the following subsection after subsection (10) (inserted by Article 5 of the Civil Service Superannuation Regulations, 1980 ( S.I. No. 188 of 1980 )):

"(10) (A) (i) This subsection applies to a person who—

( a ) immediately before the 1st day of January, 1981, was a permanent whole-time employee of Muckross House (Killarney) Limited and a member of the superannuation scheme for such employees approved by the trustees of Muckross House (Killarney) Limited,

( b ) on the 1st day of January, 1981, was appointed an established civil servant after having been given by the Minister for the Public Service a guarantee that appropriate credit for superannuation purposes as such civil servant would be allowed in respect of any service (in this subsection referred to as "the relevant service") by that person which was reckonable for the scheme referred to in subparagraph (a) of this paragraph.

(ii) The relevant service of a person to whom this subsection applies shall, to such extent as the Minister for the Public Service considers appropriate, be reckonable for the purposes of the Superannuation Acts, 1834 to 1963, and the Superannuation and Pensions Act, 1976 , and any regulations and schemes under any of those Acts, provided that any amounts due or becoming due to or in respect of such person under the scheme referred to in paragraph (i) (a) of this subsection are paid to that Minister.".

4. Section 1 (2) of the Superannuation Act, 1909 (as amended by Article 7 (1) (a) (ii) of the Civil Service Superannuation Regulations, 1980 ( S.I. No. 188 of 1980 .)), is hereby amended—

( a ) by the insertion in the proviso after "a civil servant" of "(other than an established civil servant in respect of whom a direction under section 8 (4) (a) of the Civil Service Regulation Act, 1956 , has been given)", and

( b ) by the insertion of the following subsection:

"(3) In the case of a person serving as a Land Commissioner at any time between the 1st day of June, 1973, and the 24th day of June, 1980, this section shall apply as if'completed year' were substituted for'year of reckonable service within such meaning' in subsection (2) of this section.".

5. Section 6 (1) (d) of the Superannuation Act, 1909 (inserted by Article 7 (1) (c) of the Civil Service Superannuation Regulations, 1980), is hereby amended by the substitution of "serves, on or after the 1st day of October, 1975, in" for "takes up".

GIVEN under my Official Seal, this 17th day of November, 1982.

GENE FITZGERALD,

Minister for the Public Service.

EXPLANATORY NOTE.

These Regulations give effect to a number of miscellaneous amendments of the Civil Service superannuation code.