S.I. No. 407/1985 - Local Government (Superannuation) Regulations, 1985.


S.I. No. 407 of 1985.

LOCAL GOVERNMENT (SUPERANNUATION) 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) Regulations, 1985.

2 Definitions.

2. In these Regulations—

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

"the Regulations of 1984" means the Local Government (Superannuation) Regulations, 1984 ( S.I. No. 32 of 1984 ).

3 Amendment of section 2 of the Act of 1956.

3. (1) The definition of "service day" contained in section 2 of the Act of 1956, as amended by section 42 of the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966), is hereby amended—

( a ) by the insertion of the following paragraph after paragraph (a):

"(aa) as respects a person who is a pensionable servant on or after the 10th day of January, 1984, a day on which he worked in a wholetime capacity for one or more than one local authority," and

( b ) by the substitution in subparagraphs (bb) (i) and (iii) of the words "paragraph (a) or (aa)" for the words "paragraph (a)" and

( c ) by the addition thereto of the following matter—

"or

( e ) as respects a person who is a pensionable servant on or after the 10th day of January, 1984, a day (other than a Sunday) in respect of which he was not in receipt of wages by virtue solely of his entitlement to disability benefit or invalidity pension, subject to the proviso that had he not been entitled to the said disability benefit or invalidity pension he would have been in receipt of wages at a rate not less than one-half of the full rate otherwise applicable to him, or

( f ) as respects a person who is a pensionable servant on or after the 10th day of January, 1984, a day on which, owing to illness which was certified by a registered medical practitioner (or in respect of which the local authority is satisfied that the absence was owing to illness) he was on leave from his employment, without pay, the day being a day in respect of which, had he been an officer of the local authority, he would have been granted salary or part salary, not being salary under Rule (iv) of sub-article (1) of article 21 of the Local Government (Officers) Regulations, 1943 (S.R.&O. 1943 No. 161) or under any provision corresponding to that Rule, subject to the proviso that it immediately followed either a period of sick leave with pay or a period of paid service, and that it is not a day which is otherwise reckonable as a service day under this Act.".

(2) The definition of "wages" contained in section 2 of the Act of 1956 as amended by section 42 of the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966), is hereby amended by the substitution in paragraph (aa) of the words "paragraph (a) or (aa)" for the words "paragraph (a)", wherever they occur and by the addition thereto of the following matter—

"and

(c) as respects a servant who is entitled to reckon as service a day referred to in paragraph (e) or (f) of the definition of 'service day', means the full rate of wages otherwise applicable to him.".

(3) The definition of "service day" as amended by paragraphs (a) and (b) of sub-article (1) shall be applied for the purpose of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to sections 36 and 37 of theAct of 1956 in relation to a pensionable servant who ceased to hold his employment before the 10th day of January, 1984 subject to the proviso that the amount of any additional allowance so payable shall be reduced by one-quarter.

(4) For the purposes of this article—

"disability benefit" and "invalidity pension" mean, respectively, disability benefit and invalidity pension provided for in Part II of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981).

4 Amendment of section 5 of the Act of 1956.

4. Section 5 of the Act of 1956 is hereby amended by—

( a ) the insertion of the following subsection after subsection (2):

"(2A) Part III of this Act shall come into operation in relation to a local authority who have not passed a resolution under subsection (2) of this section, on the 1st day of January, 1984," and

( b ) the substitution in subsection (5) of the words "subsections (1), (2A) and (4) of this section" for the words "subsections (1) and (4) of this section".

5 Amendment of section 10 of the Act of 1956.

5. (1) (a) Subsection (1) of section 10 of the Act of 1956, as amended by article 3 (b) of the Regulations of 1984, is hereby amended by the substitution for paragraph (d) of the following paragraph:

"(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 pensionable 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 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 pensionable officer who ceased to hold office before the 10th day of January, 1984 for the purposes of determining with effect from the said 10th day of January, the amount of an allowance pursuant to sections 15 and 17 of this Act, 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 that Act apply.

(2) Section 10 of the Act of 1956 is hereby amended by the addition of the following subsection:

"(3)Subsections (1) (f) and (2) of this section shall not apply in relation to any period before a date on or after the 10th day of January, 1984.".

6 Amendment of section 11 of the Act of 1956.

6. Section 11 of the Act of 1956 is hereby amended by—

( a ) the insertion of the following paragraph after paragraph (g) of subsection (1) as amended by article 4 (2) of the Regulations of 1984:

"(gg) as respects a person who is an officer of a vocational education committee on or after the 10th day of January, 1984, one-half of any period of wholetime service as a teacher with a day trades preparatory school which was grant-aided by the Minister for Education, given prior to the 1st day of September, 1960, where he was fully qualified as a vocational teacher and would have been entitled to reckon such service if it had been under a vocational education committee," and

( b ) the addition of the following subsections:

"(9) The provisions of paragraph (gg) of subsection (1) of this section shall be applied for the purpose of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to sections 15 and 17 of this Act in relation to a pensionable officer who ceased to hold office before the 10th day of January, 1984, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter where the provisions of subsection (11) of section 28 of this Act apply.

(10) ( a ) Where a person is a pensionable officer on a date on or after the 1st day of January, 1968, he shall be entitled to reckon as service periods of wholetime service which he had while employed as a personal assistant by an officer of a local authority under an arrangement approved of by that local authority provided such periods were succeeded, whether immediately or not, by a period of service in a position service in which is capable of being reckoned under this Act.

( b ) Subsection (2) (e) of section 13 of this Act shall not apply in relation to any period of service which is reckoned as service pursuant to paragraph (a) of this subsection.

(11) ( a ) Where a pensionable officer of a local authority 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 pensionable officer of a local authority 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 does not return to a position in the local authority, the provisions of article 11 of the Revision Scheme of 1984 shall apply in his case, subject to the condition 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, and

(i) he agrees to have the provisions of the Revision Scheme of 1984 applied to him in the same way as they would have applied to him if he had exercised the option provided for under article 13 of that Scheme,

(ii) he ceases to hold office in the local authority by reason of his resignation therefrom with effect from the date on which he ceased to hold employment with the institution, and

(iii) 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.

( c ) Where a pensionable officer of a local authority 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 one-thirtieth of the equivalent at the date of death, 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, or forty-five, whichever is the less, will be paid by the local authority to his legal personal representative, and

(ii) section 20 of this Act will not apply in relation to him.

( d ) Where a pensionable officer of a local authority 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 or forty, whichever is the less, and

(II) a lump sum of one-thirtieth 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 or forty-five, 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.

( 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;

"the Revision Scheme of 1984" means the Local Government (Superannuation Revision) Scheme, 1984 ( S.I. No. 33 of 1984 ).

7 Amendment of section 12 of the Act of 1956.

7. (1) Section 12 of the Act of 1956 is hereby amended by the addition of the following subsection:

"(3) ( a ) Where a pensionable officer of a local authority who becomes a fire brigade officer 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 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, then for the purposes of this Part of this Act 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 pensionable 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 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.".

(2) Subsection (1) of section 12 of the Act of 1956 is hereby amended by the insertion of the words "subject to subsection (3) (b)" after the word "shall".

(3) Subsection (2) of section 12 of the Act of 1956 is hereby amended by the insertion of the words "and subject to subsection (3) (a) of this section" after the words "Notwithstanding subsection (1) of this section".

8 Amendment of section 18 of the Act of 1956.

8. 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 pensionable 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 pensionable 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 shall be reduced below the amount and rate that would be appropriate therefor under sections 16 and 17 of this Act and to an extent not less than fifty per cent., and

( b ) as respects a person who is a pensionable 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 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 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 pensionable officer who was granted a reduced lump sum and allowance under section 15 of this Act 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 said 10th day of January, on which the total loss of funds is recovered by the local authority, for the purpose of determining the rate of allowance under section 17 of this Act.".

9 Amendment of section 20 of the Act of 1956.

9. Section 20 of the Act of 1956 is hereby amended by the addition of the following subsection:

"(3) Notwithstanding the provisions of subsections (1) and (2) of this section, a gratuity may, as respects a pensionable 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, be granted at the discretion of the local authority to the widow, widower or legal personal representative, as appropriate.".

10 Amendment of section 22 of the Act of 1956.

10. Section 22 of the Act of 1956 is hereby amended by the substitution for paragraph (b) of the following paragraph:

"(b) if the local authority, although not being of opinion that she has served in her office 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 paragraph (a) of this section reduced

(i) as respects a person who ceased to hold office as a female pensionable officer on or before the 9th day of January, 1984, to such extent, not less than fifty per cent. as they consider proper, and

(ii) as respects a person who is a female pensionable 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, by such amount,

(II) in any other case, by such amount as the local authority in the special circumstances of the case consider proper.".

11 Amendment of section 23 of the Act of 1956.

11. Subsection (1A) of section 23 of the Act of 1956, as inserted by article 6 of the Regulations of 1984, is hereby amended by the substitution for paragraph (a) of the following paragraph:

"(a) An officer or former officer of a local authority who, pursuant to subsection (5) or (6) of section 11 of this Act, becomes entitled to reckon a period or periods of wholetime service as a temporary officer of a local authority, shall contribute to such local authority for the purposes of the said subsection (5) or (6) of section 11 at the rate of—

(i) two and one-half per cent. of the aggregate salary and value of his emoluments, if any, which he received for so much of such period or periods as occurred between the 1st day of April, 1948 and the 31st day of December, 1985, and

(ii) five per cent. of the aggregate salary and value of his emoluments, if any, which he received for so much of such period or periods as occurred on or after the 1st day of January, 1986,

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.".

12 Amendment of section 24 of the Act of 1956.

12. Section 24 (5) of the Act of 1956 shall apply as respects a person who is a pensionable officer of a local authority on or after the 1st day of January, 1986 as if the words "and as respects which, notwithstanding any other provision of this Act, there shall be no appeal" were deleted.

13 Amendment of section 27 of the Act of 1956.

13. Section 27 of the Act of 1956 is hereby amended by the addition of the following subsection after subsection (6):

"(7) Notwithstanding the provisions of paragraph (a) of subsection (2) of this section, where a pensionable 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 calendar months after such date, the salary for the class or grade of officers to which he belonged at the date of 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, 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.".

14 Amendment of section 33 of the Act of 1956.

14. (a) Section 33 of the Act of 1956, as amended by the article 11 ( a ) of the Regulations of 1984, is hereby amended by the substitution for paragraph (c) of the following paragraph:

"( 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 pensionable servant 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 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 pensionable servant 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 this Act, subject to the proviso that the amount of any additional allowance so payable shall be reduced by one-quarter.".

15 Amendment of section 35 of the Act of 1956.

15. (1) Section 35 of the Act of 1956 is hereby amended by the addition of the following subsection:

"(3) ( a ) Where a pensionable servant 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, then for the purposes of this Part of this Act 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 pensionable servant 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 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 being provided by 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.

(2) Subsection (1) of section 35 of the Act of 1956 is hereby amended by the insertion of the words "subject to subsection (3) ( b ) of this section" after the word "shall".

(3) Subsection (2) of section 35 of the Act of 1956 is hereby amended by the insertion of the words "and subject to subsection (3) ( a ) of this section" after the words "Notwithstanding subsection (1) of this section".

16 Amendment of section 38 of the Act of 1956.

16. Section 38 of the Act of 1956 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 that a pensionable servant shall be granted a reduced 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 pensionable servant on or before the 9th day of January, 1984, the amount of the allowance granted to him under section 36 of this Act shall be reduced below the amount that would be appropriate therefor under section 37 of this Act and to an extent not less than fifty per cent., and

( b ) as respects a person who is a pensionable servant 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 allowance that would be appropriate under section 37 of this Act shall be reduced by such amount or payment suspended until such time as the total loss is recovered by the local authority,

(ii) in any other case, the 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 pensionable servant who was granted a reduced allowance under section 37 of this Act and who ceased to hold his 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 paragraph (b) (i) of subsection (1), from a date not earlier than the said 10th day of January, on which the total loss of funds is recovered by the local authority.".

17 Amendment of section 40 of the Act of 1956.

17. Section 40 of the Act of 1956 is hereby amended by the addition of the following subsection:

"(3) Notwithstanding the provisions of subsections (1) and (2) of this section, the gratuity may, as respects a pensionable servant 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.".

18 Amendment of section 42 of the Act of 1956.

18. Section 42 of the Act of 1956 is hereby amended by the substitution for paragraph ( b )of the following paragraph:

"( b ) if the local authority, although not being of opinion that she has served in her 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 paragraph ( a ) of this section reduced

(i) as respects a person who ceased to hold her employment as a female pensionable servant on or before the 9th day of January, 1984, to such extent, not less than fifty per cent., as they consider proper, and

(ii) as respects a person who is a female pensionable servant 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, ".

19 Amendment of section 43 of the Act of 1956.

19. (1) Subsection (1A) of section 43 of the Act of 1956, as inserted by article 13 of the Regulations of 1984 is hereby amended by the substitution for paragraph (a) of the following paragraph:

"( a ) A servant or former servant of a local authority who, pursuant to subsection (8) or (9) of section 34 of this Act, becomes entitled to reckon a period or periods of wholetime service as a temporary officer of the local authority, or any other local authority, shall contribute to such local authority for the purposes of the said subsection (8) or (9) of section 34 at the rate of —

(i) two and one-half per cent. of the aggregate salary and value of his emoluments, if any, which he received for so much of such period or periods as occurred between the 1st day of April, 1948 and the 31st day of December, 1985, and

(ii) five per cent. of the aggregate salary and value of his emoluments, if any, which he received for so much of such period or periods as occurred on or after the 1st day of January, 1986,

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.".

(2) Subsection (1) of section 43 of the Act of 1956, as amended by section 42 (3) of the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966), is hereby amended by the substitution of the words "paragraph ( a ) or (aa)" for the words "paragraph ( a )" wherever they occur.

20 Amendment of section 44 of the Act of 1956.

20. Section 44 (6) of the Act of 1956 shall apply as respects a person who is a pensionable servant of a local authority on or after the 1st day of January, 1986 as if the words "and as respects which, notwithstanding any other provision of this Act, there shall be no appeal," were deleted.

21 Amendment of section 63 of the Act of 1956.

21. Paragraph ( c ) of subsection (1) of section 63 of the Act of 1956 is hereby amended by the insertion of the words "or, as respects a person who is offered such pensionable office or employment on or after the 10th day of January, 1984, at a rate of remuneration not less than the rate of rumuneration in respect of that office or employment as appropriate, at the date of the offer" between the words "his former office or employment," and the words "the allowance payable ...".

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) Regulations, 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 these Regulations is to amend and update 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 ).