S.I. No. 404/1985 - Local Government (Superannuation Revision) (Amendment) Scheme, 1985.
S.I. No. 404 of 1985. | ||
LOCAL GOVERNMENT (SUPERANNUATION REVISION) (AMENDMENT) SCHEME, 1985. | ||
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 the Public Service, hereby makes the following Scheme: | ||
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1 Short Title. | 1. This Scheme may be cited as the Local Government (Superannuation Revision) (Amendment) Scheme, 1985. | |
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2 Interpretation. | 2. In this Scheme— | |
"the Act of 1956" means the Local Government (Superannuation) Act, 1956 (No. 10 of 1956); | ||
"the Revision Scheme of 1984" means the Local Government (Superannuation Revision) Scheme, 1984 ( S.I. No. 33 of 1984 ). | ||
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3 Amendment of Article 10 of the Revision Scheme, 1984. | 3. Sub-article (1) of article 10 of the Revision Scheme of 1984 is hereby amended by the substitution for clause (II) of paragraph (h) of the following clause: | |
"(II) if the local authority, although not being of opinion that she has served in her office or employment with diligence and fidelity and to their satisfaction, nevertheless decide that, in the special circumstances of the case, she should be granted a reduced gratuity, they shall grant to her a gratuity of an amount equal to the amount that would be appropriate under clause (I) reduced | ||
(A) as respects a person who ceased to be a female registered officer or a female registered employee on or before the 9th day of January, 1984, to such extent, not less than fifty per cent. as they consider proper, and | ||
(B) as respects a person who is a female registered officer or a female registered employee on or after the 10th day of January, 1984, | ||
(i) Where there is a loss of funds to the local authority for which the person is culpable, by such amount, | ||
(ii) in any other case, by such amount as the local authority in the special circumstances of the case consider proper.". | ||
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4 Amendment of Article 11 of the Revision Scheme, 1984. | 4. Article 11 of the Revision Scheme of 1984 is hereby amended as follows: | |
( a ) by the substitution of the following for sub-article(1): | ||
"(1) Where a registered officer or a registered employee of a local authority having at least five years' pensionable local service has ceased to hold his office or employment other than— | ||
( a ) in such circumstances that benefit under the Act of 1956 or under this Scheme, other than a benefit under this article, arises, or | ||
( b ) on removal from office for misconduct or unfitness or on being discharged from his employment for misconduct or unfitness | ||
and the local authority either are of opinion that in general he has served in his office or in his employment with diligence and fidelity and to their satisfaction, or not being of that opinion they nevertheless decide that, in the special circumstances of his case, he should be granted a reduced preserved pension and reduced preserved lump sum, or if he dies before being granted such pension and lump sum, a preserved death gratuity should be granted in respect of him, they shall, on application by him, grant to him, | ||
(i) in case the officer or employee has ceased to hold his office or employment and the local authority are at any time satisfied that the officer or employee would have ceased to hold his office or employment because of permanent infirmity of mind or body if he had remained in such office or employment after the date he ceased to hold the office or employment, with effect from the date on which the decision is made, | ||
(ii) in any other case — with effect from the date he attains sixty years of age, | ||
or, if he dies before attaining sixty years of age and a decision under subparagraph (i) has not been made in respect of him, they shall grant a preserved death gratuity to his legal personal representative on application by the legal personal representative."; | ||
( b ) by the insertion of the following sub-article after sub-article (1): | ||
"(1A) A preserved pension or a preserved lump sum shall not be paid to a person in a case referred to in subparagraph (i) of sub-article (1) unless the local authority are satisfied that the person is incapable from infirmity of mind or body of discharging the duties of the office or employment which he held and that the infirmity is permanent and unless the person gives to the local authority a certificate of a registered medical practitioner specifying the nature of the infirmity, the extent to which the person is incapacitated and stating the opinion of the registered medical practitioner as to the permanency of the incapacity."; | ||
( c ) by the substitution of the following subparagraphs for subparagraphs (b) (i) and (ii) of sub-article (2): | ||
"(i) in case he is awarded a preserved pension and lump sum pursuant to subparagraph (i) of sub-article (1) — the effective date of such award, | ||
(ii) in case he is awarded a preserved pension and lump sum pursuant to subparagraph (ii) of sub-article (1) — the date he attains sixty years of age, or | ||
(iii) in case he is awarded a preserved death gratuity — the date of his death."; | ||
( d ) by the insertion in paragraphs (a) (i) and (b) of sub-article (3) of the words "or in case such pension is awarded under subparagraph (i) of sub-article (1), prior to the effective date of payment of such pension," between the words "attains sixty years of age" and the word "of"; | ||
( e ) by the substitution for sub-article (4) of the following sub-article: | ||
"(4) Where a local authority decide under sub-article (1) that a person shall be granted a reduced preserved pension and a reduced preserved lump sum the following provisions shall apply: | ||
( a ) as respects a person who ceased to hold office or employment on or before the 9th day of January, 1984, the amount of the preserved lump sum and the rate per annum of the preserved pension granted under sub-article (1) shall be reduced below the amount and rate that would be appropriate under sub-articles (3) ( a ) and (3) (b) and to an extent not less than fifty per cent., and | ||
( b ) as respects a person who is a registered officer or a registered employee on or after the 10th day of January, 1984 | ||
(i) Where there is a loss of funds to the local authority for which the person is culpable, the amount of the preserved lump sum that would be appropriate under sub-article (3) (b) shall be reduced by such amount, and in addition, where the amount of the loss of funds is greater than the amount of the preserved lump sum, payment of the preserved pension that would be appropriate under sub-article (3) (a) shall be suspended until such time as the total loss is recovered by the local authority, | ||
(ii) in any other case, the preserved lump sum and preserved pension shall be reduced by such amount as the local authority in the special circumstances of the case consider proper, | ||
( c ) Where it is favourable to him, the provisions of subparagraph (b) of sub-article (4) shall be applied in relation to a registered officer or a registered employee who was granted a reduced preserved lump sum and a reduced preserved pension under article 11 of this Scheme and who ceased to hold office or employment on or before the 9th day of January, 1984, with effect from the 10th day of January, 1984, or where it is a case referred to in subparagraph ( b ) (i) of sub-article (4), from a date, not earlier than the 10th day of January, 1984, on which the total loss of funds is recovered by the local authority, for the purpose of determining the rate or preserved pension under the said article 11."; | ||
( f ) by the addition of the following sub-articles after sub-article (7): | ||
"(8) Where a preserved pension is granted to a person in the circumstances described in subparagraph (i) of sub-article (1), the local authority may, at any time after the award of the pension and before the date on which the person attains sixty years of age, review or further review the matter and upon such a review or further review— | ||
( a ) in case such pension is being paid and the said local authority is satisfied that, had the application been made on the date of the review (or futher review), such application would not have been allowed, the local authority shall grant no futher payments of the pension until the person attains sixty years of age, or | ||
( b ) in case payment of the pension has for the time being ceased in accordance with paragraph (a), and the said local authority are satisfied that, had such application been made at the date of the further review the application would have been allowed, payment of the pension shall be recommenced. | ||
(9) The foregoing provisions of this article shall apply as respects a registered officer in relation to any part-time office under the local authority, or any other local authority, which he holds in a permanent capacity where he ceases to be a registered officer on or after the 10th day of January, 1984, subject to the provisos: | ||
(i) that at the date he ceases to hold the part-time office he has served at least five years in that office, | ||
(ii) that he ceases to hold the part-time office on a date which occurs before the date he ceases to be a registered officer, | ||
(iii) that subsequent to his ceasing to hold the part-time office he is granted an allowance, or a preserved pension, or a death gratuity is granted in respect of him on his ceasing to be a registered officer, | ||
(iv) that the provisions of subparagraphs (i) and (ii) of sub-article (1) shall not apply in respect of the part-time office and any preserved pension and preserved lump sum in respect of the part-time service shall be granted instead with effect from the date the allowance pursuant to sections 15 and 17 of the Act of 1956, or the preserved pension under this article, in respect of his substantive wholetime office, is granted, | ||
(v) that references in this article to pensionable remuneration and pensionable local service shall be construed respectively as relating to the remuneration in respect of the part-time office and to the extent of the period during which he held the part-time office.". | ||
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5 Amendment of Article 12 of the Revision Scheme, 1984. | 5. Article 12 of the Revision Scheme of 1984 is hereby amended by the addition of the following sub-articles: | |
"(8) ( a ) The provisions of sub-article (1) shall apply as respects a person who is a registered officer or a registered employee on or after the 10th day of January, 1984 as if the words "provided he ceased to be fully insured on becoming a pensionable officer or a pensionable servant for the purposes of the Act of 1956 or a registered officer or a registered employee" were deleted therefrom. | ||
( b ) The provisions of paragraph (a) shall apply for the purposes of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to sections 15 and 17 or 36 and 37 of the Act of 1956, as modified respectively by clauses 4 and 6 of Part II and clauses 4 and 5 of Part III of the First Schedule to this Scheme or for the purpose of determining the amount of a preserved pension pursuant to article 11 of this Scheme in relation to a registered officer who ceased to hold office or a registered employee who ceased to hold his employment before the 10th day of January, 1984. | ||
(9) A registered officer or a registered employee to whom the provisions of sub-article (3) or sub-article (4) (a) or (4) (b) (ii) applies, shall contribute to such local authority in accordance with the provisions of the said sub-article (3) or sub-article (4) (a) or (4) (b) (ii) as appropriate, together with, in each case where the contribution is not paid within twelve months of the date of notification to him by the local authority of the amount of such contribution, being a date not earlier than the 1st day of January, 1986, an additional sum, calculated on a basis to be determined by the Minister in respect of compound interest to accrue from the date of such notification to the date of payment of the contribution.". | ||
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6 Amendment of Part II of the First Schedule to the Revision Scheme, 1984. | 6. (1) (a) Subsection (1) of section 10 of the Act of 1956 as modified by clause 1 of Part II of the First Schedule to the Revision Scheme of 1984, shall apply as if the following were substituted for paragraph (d): | |
"(d) any period before a date on which he was removed or discharged from his position for misconduct or for unfitness save | ||
(i) where he is immediately appointed to or employed in a position service in which is capable of being reckoned under this Act, the date of such appointment or employment not being earlier than the 1st day of January, 1968, or | ||
(ii) as respects a person who is a registered officer on or after the 10th day of January, 1984, where he is either immediately or at a later date appointed to or employed in a position service in which is capable of being reckoned under this Act or under the Revision Scheme of 1984 and the local authority from whose service he was removed or discharged is satisfied that the service which he gave prior to such removal or discharge should be allowed to reckon,". | ||
( b ) The provisions of paragraph (a) shall be applied as respects a registered officer who ceased to hold office before the 10th day of January, 1984, for the purpose of determining with effect from the said 10th day of January, the amount of an allowance pursuant to sections 15 and 17 of the Act of 1956 or a preserved pension pursuant to article 11 of the Revision Scheme of 1984 as amended by article 4 of this Scheme subject to the proviso that the amount of any additional allowance so payable shall be reduced by one-quarter where the provisions of subsection (11) of section 28 of the Act apply. | ||
(2) Section 11 of the Act of 1956 shall apply as if the following subsection were substituted for subsection (11): | ||
"(11) ( a ) Where a registered officer of a local authority within the meaning of the Local Government (Superannuation Revision) Scheme, 1984 is granted special leave without pay by the local authority, with the consent of the Minister, in order to take up after the 31st day of December, 1972, an appointment with an institution of the European Communities and such special leave ceases by reason of his return to a position in the local authority, he shall be entitled to reckon as service the period of service with such institution which was actual service reckonable for the purposes of the institution's pension scheme where— | ||
(i) he is not awarded a pension, preserved pension, severance gratuity, compensation payment, or any equivalent benefit from the institution, and | ||
(ii) the institution makes an agreed payment to the local authority in respect of the service. | ||
( b ) Where a registered officer of a local authority within the meaning of the Local Government (Superannuation Revision) Scheme, 1984 takes up an appointment with an institution of the European Communities in the circumstances described in paragraph (a) of this subsection and leaves the employment of the institution before he attains sixty years of age, otherwise than because of dismissal or redundancy, and he ceases to hold office in the local authority by reason of his resignation therefrom with effect from the date on which he ceases to hold employment with the institution, and if, but only if, he does not become employed in a position service in which is capable of being reckoned under this Act or the Revision Scheme of 1984, the provisions of article 11 of the Revision Scheme of 1984 will apply in his case, subject to the proviso that his pensionable local service for the purposes of the said article 11 shall be his pensionable local service on his last day of such service with the local authority prior to taking up his appointment with the institution. | ||
( c ) Where a registered officer of a local authority within the meaning of the Local Government (Superannuation Revision) Scheme, 1984 takes up an appointment with an institution of the European Communities in the circumstances described in paragraph (a) of this subsection and he dies while in the service of the institution before his special leave without pay terminates the following provisions shall apply: | ||
(i) an amount not greater than an amount equal to three-eightieths of the equivalent at the date of death, of his pensionable remuneration on his last day of reckonable service with the local authority multiplied by the number of whole years of his pensionable local service, together with, where pensionable local service comprises days in addition to the number of whole years, the fraction of a year represented by A/365 where A is the number of days involved, or forty years, whichever is the less, will be paid by the local authority to his legal personal representative, and | ||
(ii) section 20 of this Act, as modified by clause 8 of Part II of the First Schedule to the Revision Scheme of 1984 and article 11 of that Scheme will not apply in relation to him. | ||
( d ) Where a registered officer of a local authority within the meaning of the Local Government (Superannuation Revision) Scheme, 1984 takes up an appointment with an institution of the European communities in the circumstances described in paragraph (a) of this subsection and the person is serving in the institution when he attains sixty years of age, the following provisions shall apply: | ||
(i) the following benefits will be payable with effect from the date of his sixtieth birthday, or, in case his special leave without pay terminates after that date, the date of such termination, namely— | ||
(I) an annual allowance of one-eightieth of the equivalent, on such date, of his pensionable remuneration on his last day of reckonable service with the local authority prior to taking up his appointment with the institution multiplied by the number of whole years of his pensionable local service together with, where pensionable local service comprises days in addition to the number of whole years, the fraction of a year represented by A/365 where A is the number of days involved, or forty years, whichever is the less, and | ||
(II) a lump sum of three-eightieths of the equivalent, on such date, of his pensionable remuneration on his last day of reckonable service with the local authority prior to taking up his appointment with the institution multiplied by the number of whole years of his pensionable local service, together with, where pensionable local service comprises days in addition to the number of whole years, the fraction of a year represented by A/365 where A is the number of days involved, or forty years, whichever is the less, | ||
provided that the officer has ceased to hold office with the local authority by reason of his resignation therefrom with effect from the date on which he attains sixty years of age or in case his special leave without pay terminates after that date, the date of such termination, | ||
(ii) the said benefits shall be in lieu of any payments which apart from this subsection might otherwise fall due to be paid to or in respect of him under this Act or the Revision Scheme of 1984. | ||
(e) For the purposes of this subsection— | ||
"the European Communities" means the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community; | ||
"an agreed payment" means a payment in respect of a period of actual service with an institution of the European Communities which is agreed with that institution by the local authority, with the consent of the Minister.". | ||
(3) Section 12 of the Act of 1956 as modified by clause 2 of Part II of the First Schedule to the Revision Scheme of 1984, shall apply as if the following subsection were substituted for subsection (3): | ||
"(3) (a) Where a registered officer of a local authority who becomes a fire brigade officer or whose name is entered in a register maintained under section 65 of Mental Treatment Act, 1945 , on or after the 1st day of January, 1986, had a period of periods of service other than as a fire brigade officer or as an officer whose name was entered in the said register maintained under section 65 of the Mental Treatment Act, 1945 , or in a position in respect of which he was not otherwise eligible for enhanced credit under a provision which corresponds to subsection (2) of this section which he is entitled to reckon as service under Part II of this Act or under the Revision Scheme of 1984, then for the purposes of this Part of this Act and the Revision Scheme of 1984, such service shall either | ||
(I) be reduced by one-quarter before the provisions of subsection (2) of this section are applied to him, or | ||
(II) be reckoned at its actual length, in which case the provisions of subsection (2) of this section shall not apply, | ||
whichever is the more favourable to him. | ||
(b) Where a registered officer of a local authority, not being a fire brigade officer or an officer whose name is entered in a register maintained under section 65 of the Mental Treatment Act, 1945 , had a period or periods of service which he is entitled to reckon as service under Part II of this Act or under the Revision Scheme of 1984 during which he was a fire brigade officer or his name was entered in a register maintained under section 65 of the Mental Treatment Act, 1945 , or he was otherwise eligible for enhanced credit under a provision which corresponds to subsection (2) of this section, such service shall, where the last such period ended on or after the 1st day of January, 1986, be increased by one-third for the purposes of subsection (1) of this section. | ||
(c) For the purposes of this subsection "registered officer" means a registered officer for the purposes of the Revision Scheme of 1984.". | ||
(4) Section 18 of the Act of 1956 shall apply as if the following section were substituted for the said section: | ||
"18(1) Where a local authority decide under section 15 of this Act that a registered officer shall be granted a reduced lump sum and allowance the following provisions shall apply: | ||
(a) subject to the provisions of subsection (2), as respects a person who ceased to hold office as a registered officer on or before the 9th day of January, 1984, the amount of the lump sum and the rate per annum of the allowance granted to him under section 15 of this Act as modified by clause 4 of Part II of the First Schedule to the Revision Scheme of 1984, shall be reduced below the amount and rate that would be appropriate therefor under sections 16 and 17 of this Act as modified by clauses 5 and 6 respectively of Part II of the First Schedule to the Revision Scheme of 1984, and to an extent not less than fifty per cent., and | ||
(b) as respects a person who is a registered officer on or after the 10th day of January, 1984, | ||
(i) where there is a loss of funds to the local authority for which the person is culpable, the amount of the lump sum that would be appropriate under section 16 of this Act as modified by clause 5 of Part II of the First Schedule to the Revision Scheme of 1984, shall be reduced by such amount and, in addition, where the amount of the loss of funds is greater than the amount of the lump sum, payment of the allowance that would be appropriate under section 17 of this Act as modified by clause 6 of Part II of the First Schedule to the Revision Scheme of 1984, shall be suspended until such time as the total loss is recovered by the local authority, | ||
(ii) in any other case, the lump sum or allowance shall be reduced by such amount as the local authority in the special circumstances of the case consider proper. | ||
(2) Where it is favourable to him, the provisions of paragraph (b) of subsection (1) shall be applied in relation to a registered officer who was granted a reduced lump sum and allowance under section 15 of this Act as modified by clause 4 of Part II of the First Schedule to the Revision Scheme of 1984, and who ceased to hold office on or before the 9th day of January, 1984, with effect from the 10th day of January, 1984, or where it is a case referred to in paragraph (b) (i) of subsection (1), from a date, not earlier than the 10th day of January, 1984, on which the total loss of funds is recovered by the local authority, for the purpose of determining the rate of allowance under the said section 17 of this Act, as modified by the Revision Scheme of 1984.". | ||
(5) Section 20 of the Act of 1956 as modified by clause 8 of Part II of the First Schedule to the Revision Scheme of 1984, shall apply as if the following section were substituted for the said section: | ||
"20 (1) Where a registered officer of a local authority within the meaning of the Local Government (Superannuation Revision) Scheme, 1984 dies in office the local authority shall grant to his legal personal representative a gratuity of an amount equal to— | ||
(a) his pensionable remuneration, or | ||
(b) an amount equal to the lump sum which would be payable to him under section 16 of this Act, as modified by the said Local Government (Superannuation Revision) Scheme, 1984, if he had retired on the date of death by reason of permanent infirmity of mind or body, | ||
whichever is the greater. | ||
(2) Notwithstanding the foregoing provisions, a gratuity may, as respects a registered officer of a local authority who dies in office on or after the 1st day of January, 1986 and who is married at the date of death, he granted at the discretion of the local authority to the widow, widower or legal personal representative, as appropriate.". | ||
6. Section 27 of the Act of 1956 as modified by clause 12 of Part II of the First Schedule to the Revision Scheme of 1984, shall apply as if the following subsection were added: | ||
"(7) Notwithstanding the provisions of paragraph (a) of subsection (2) of this section, where a registered officer who on or after the 10th day of January, 1984, ceases to hold office on reaching the age of sixty-five years, and within a period not exceeding three calender months after such date, the salary for the class or grade of officers to which he belonged at the cesser of office is increased as a result of a general salary increase affecting all classes and grades of officers, then, if the Minister in his absolute discretion so determines, his salary shall, for the purposes of section 16 of this Act only, as amended by clause 5 of Part II of the First Schedule to the Local Government (Superannuation Revision) Scheme, 1984, be deemed to be the salary which would have been appropriate had the increase in salary been applicable on the date the officer ceased to hold his office, provided that the officer is alive on the date the salary increase becomes effective.". | ||
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7 Amendment of Part III of the First Schedule to the Revision Scheme, 1984. | 7. (1) (a) Section 33 of the Act of 1956, as modified by clause 1 of Part III of the First Schedule to the Revision Scheme of 1984, shall apply as if the following were substituted for paragraph (c): | |
"(c) any period before a date on which he was discharged or removed from his position for misconduct or unfitness save | ||
(i) Where he is immediately appointed to or employed in a position service in which is capable of being reckoned under this Act, the date of such appointment or employment not being earlier than the 1st day of January, 1968, or | ||
(ii) as respects a person who is a registered employee on or after the 10th day of January, 1984, where he is either immediately or at a later date appointed to or employed in a position service in which is capable of being reckoned under this Act or under the Revision Scheme of 1984, and the local authority from whose service he was discharged or removed is satisfied that the service which he gave prior to such discharge or removal should be allowed to reckon, ". | ||
(b) The provisions of paragraph (a) shall be applied as respects a registered employee who ceased to hold his employment before the 10th day of January, 1984, for the purpose of determining with effect from the said 10th day of January, the amount of an allowance pursuant to sections 36 and 37 of the Act of 1956 or of a preserved pension pursuant to article 11 of the Revision Scheme of 1984 as amended by article 4 of this Scheme. | ||
(2) Section 35 of the Act of 1956 as modified by clause 3 of Part III of the First Schedule to the Revision Scheme of 1984, shall apply as if the following subsection were substituted for subsection (3): | ||
"(3) (a) Where a registered employee of a local authority who becomes a fire brigade servant or whose name is entered in a register maintained under section 65 of the Mental Treatment Act, 1945 , on or after the 1st day of January, 1986, had a period or periods of service other than as a fire brigade servant or as a servant whose name was entered in the said register maintained under section 65 of the Mental Treatment Act, 1945 , or in a position in respect of which he was not otherwise eligible for enhanced credit under a provision which corresponds to subsection (2) of this section which he is entitled to reckon as service under Part III of this Act or under the Revision Scheme of 1984, then for the purposes of this Part of this Act and the Revision Scheme of 1984, such service shall either | ||
(I) be reduced by one-quarter before the provisions of subsection (2) of this section are applied to him, or | ||
(II) be reckoned at its actual length, in which case the provisions of subsection (2) of this section shall not apply, | ||
whichever is the more favourable to him. | ||
(b) Where a registered employee of a local authority, not being a fire brigade servant or a servant whose name is entered in a register maintained under section 65 of the Mental Treatment Act, 1945 , had a period or periods of service which he is entitled to reckon as service under Part III of this Act or under the Revision Scheme of 1984 during which he was a fire brigade servant or his name was entered in a register maintained under section 65 of the Mental Treatment Act, 1945 , or he was otherwise eligible for enhanced credit corresponding to the enhanced credit under a provision which corresponds to subsection (2) of this section, such service shall, where the last such period ended on or after the 1st day of January, 1986, be increased by one-third for the purposes of subsection (1) of this section. | ||
(c) for the purposes of this subsection "registered employee" means a registered employee for the purposes of the Revision Scheme of 1984.". | ||
(3) Section 38 of the Act of 1956 as modified by clause 6 of Part III of the First Schedule to the Revision Scheme of 1984, shall apply as if the following section were substituted for the said section: | ||
"38 (1) Where a local authority decide under section 36 of this Act as modified by clause 4 of Part III of the First Schedule to the Revision Scheme of 1984, that a registered employee shall be granted a reduced lump sum and allowance the following provisions shall apply: | ||
(a) subject to the provisions of subsection (2), as respects a person who ceased to hold his employment as a registered employee on or before the 9th day of January, 1984, the amount of the lump sum and the rate per week of the allowance granted to him under section 36 of this Act as modified by clause 4 of Part III of the First Schedule to the Revision Scheme of 1984, shall be reduced below the amount and rate that would be appropriate therefor under sections 36 and 37 of this Act as modified by clauses 4 and 5 respectively of Part III of the First Schedule to the Revision Scheme of 1984, and to an extent not less than fifty per cent., and | ||
(b) as respects a person who is a registered employee on or after the 10th day of January, 1984, | ||
(i) where there is a loss of funds to the local authority for which the person is culpable, the amount of the lump sum that would be appropriate under section 37 of this Act as modified by clause 5 of Part III of the Revision Scheme of 1984, shall be reduced by such amount and, in addition, where the amount of the loss of funds is greater than the amount of the lump sum, payment of the allowance that would be appropriate under the said section 37 shall be suspended until such time as the total loss is recovered by the local authority, | ||
(ii) in any other case, the lump sum or allowance shall be reduced by such amount as the local authority in the special circumstances of the case consider proper. | ||
(2) Where it is favourable to him, the provisions of paragraph (b) of subsection (1) shall be applied in relation to a registered employee who was granted a reduced lump sum and allowance under section 36 of this Act as modified by clause 4 of Part III of the Revision Scheme of 1984, and who ceased to hold office on or before 'the 9th day of January, 1984, with effect from the 10th day of January, 1984, or where it is a case referred to in paragraph (b) (i) of subsection (1), from a date, not earlier than the 10th day of January, 1984, on which the total loss of funds is recovered by the local authority, for the purpose of determining the rate of allowance under the said section 37 of this Act, as modified by the Revision Scheme of 1984.". | ||
(4) Section 40 of the Act of 1956 as modified by clause 8 of Part III of the First Schedule to the Revision Scheme of 1984, shall apply as if the following section were substituted for the said section: | ||
"40 (1) Where a registered employee of a local authority within the meaning of the Local Government (Superannuation Revision) Scheme, 1984 dies in his employment the local authority shall grant to this legal personal representative a gratuity of an amount equal to— | ||
(a) his pensionable remuneration multiplied by fifty-two, or | ||
(b) an amount equal to the lump sum which would be payable to him under section 37(1) of this Act, as inserted by the Local Government (Superannuation Revision) Scheme, 1984, if he had retired on the date of death by reason of permanent infirmity of mind or body, | ||
whichever is the greater. | ||
(2) Notwithstanding the foregoing provisions, the gratuity may, as respects a registered employee of a local authority who dies in his employment on or after the 1st day of January, 1986 and who is married at the date of death, be granted at the discretion of the local authority to the widow, widower or legal personal representative, as appropriate.". | ||
(5) Section 47 of the Act of 1956 as modified by clause 14 of Part III of the First Schedule to the Revision Scheme of 1984, shall apply as if the following subsection were added: | ||
"(7) Notwithstanding the provisions of paragraph (a) of subsection (2) of this section, where a registered employee who on or after the 10th day of January, 1984, ceases to hold his employment on reaching the age of sixty-five years, and within a period not exceeding three calender months after such date, the rate of wages for the class or grade of employees to which he belonged at the date of cesser of his employment is increased as a result of a general wages increase affecting all classes and grades of employees, then if the Minister in his absolute discretion so determines, his rate of wages shall, for the purposes of section 37(1) of this Act only, as amended by clause 5 of Part III of the First Schedule to the Local Government (Superannuation Revision) Scheme, 1984, be deemed to be the rate of wages which would have been appropriate had the increase in the rate of wages been applicable on the date the employee ceased to hold his employment, provided that the employee is alive on the date the increase in wages becomes effective.". | ||
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 Local Government (Superannuation Revision) (Amendment) Scheme, 1985. | ||
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 this Scheme 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 Revision) Scheme, 1984 ( S.I. No. 33 of 1984 ). |