S.I. No. 243/1989 - Local Government (Transfer of Service) (Amendment) Scheme, 1989.

S.I. No. 243 of 1989.

LOCAL GOVERNMENT (TRANSFER OF SERVICE) (AMENDMENT) SCHEME, 1989.

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 (Transfer of Service) (Amendment) Scheme, 1989.

( b ) This Scheme and the Principal Scheme shall be construed as one and may be cited together as the Local Government (Transfer of Service) Scheme, 1984 and 1989.

2 Interpretation.

2. In this Scheme—

"the Principal Scheme" means the Local Government (Transfer of Service) Scheme, 1984 ( S.I. No. 298 of 1984 ).

3 Amendment of article 3 of the Principal Scheme.

3. Article 3 of the Principal Scheme is hereby amended by the substitution of the following subparagraph for subparagraph (ii) of paragraph (c):—

"(ii) such gratuity or contributions are paid by him or on his behalf in accordance with paragraphs (b) and (c) of article 4(4) to the relevant local authority together with, where appropriate—

(I) in relation to service in the Defence Forces and in the Army Nursing Service, an additional amount in respect of interest calculated on a basis determined by the Minister, and

(II) in any other case, an additional amount equal to the amount he would have been required to make to the particular school or body if he had become employed in a pensionable capacity in such school or body,".

4 Amendment of article 6 of the Principal Scheme.

4. Article 6 of the Principal Scheme is hereby amended by the substitution of the following sub-article for sub-article (2):

"(2) The provisions of sub-article (1) shall be applied by a local authority as respects a person, being a former pensionable officer or servant or a former registered officer or employee who ceased to hold his office or employment before the appropriate operative date provided for in sub-article (1), for the purpose of determining, with effect from the said appropriate operative date, the amount of an allowance under articles 12 and 14 or 33 and 34 of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ) or articles 13 and 15 or 36 and 38 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ), or a preserved pension under article 21 or 44 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 in payment on the said appropriate operative date, where this is of benefit to the person, subject to the proviso that the amount of any additional allowance so payable shall be reduced by one quarter—

( a ) in the case of allowances granted to former pensionable servants under articles 33 and 34 of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987, and

( b ) in the case of former pensionable officers to whom the provisions of article 26 (10) of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 apply and former registered officers to whom the provisions of article 28(4) of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 apply.".

5 Amendment of article 9 of the Principal Scheme.

5. Article 9 of the Principal Scheme is hereby amended by the deletion of the words "and is not earlier than the date of making of this Scheme" from subarticle (1) and (2).

GIVEN under the Official Seal of the Minister for the Environment

this 4th day of October, 1989.

PADRAIG FLYNN,

Minister for the Environment.

The Minister for Finance hereby consents to the Local Government (Transfer of Service) (Amendment) Scheme, 1989.

GIVEN under the Official Seal of the Minister for Finance

this 4th day of October, 1989.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

The effect of this Scheme is to amend the Local Government (Transfer of Service) Scheme, 1984 which provides for the reckoning by pensionable local authority staff of service with bodies approved for the purposes of the Scheme and which is not otherwise reckonable under the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 and 1987 and the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987.