S.I. No. 222/1991 - The Drug Treatment Centre Board (Establishment) Order, 1988 (Amendment) Order, 1991.

S.I. No. 222 of 1991.

THE DRUG TREATMENT CENTRE BOARD (ESTABLISHMENT) ORDER, 1988 (AMENDMENT) ORDER, 1991.

The Minister for Health, in exercise of the powers conferred on him by section 3 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961) and section 4 of that Act as amended by section 7 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) hereby orders as follows:—

1. This Order may be cited as The Drug Treatment Centre Board (Establishment) Order, 1988 (Amendment) Order, 1991.

2. The Drug Treatment Centre Board (Establishment) Order, 1988 ( S.I. No. 76 of 1988 ) is hereby amended—

(a) by the substitution for Article 3 of the following Article:

"3. In this Order—

"the Board" means the Drug Treatment Centre Board established by this Order;

"the Chairman" means the Chairman for the time being of the Board;

"Drug Treatment Centre" means the premises at Trinity Court, Pearse Street, Dublin 2, hereinafter called "the Centre";

"the Minister" means the Minister for Health;

"the 1956 Act Scheme" means the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 );

"the Local Government Employees (Spouses' and Children's Contributory Pension) Scheme, 1986 means the Local Government Employees (Spouses' and Children's Contributory Pension) Scheme, 1986 ( S.I. No. 363 of 1986 );

"the Local Government Employees (Widows' and Orphans' Contributory Pension) Scheme, 1984" means the Local Government Officers (Widows' and Orphans' Contributory Pension) Scheme, 1984 ( S.I. No. 318 of 1984 );

"the Local Government Officers (Spouses' and Children's Contributory Pension) Scheme, 1986" means the Local Government Officers (Spouses' and Children's Contributory Pension) Scheme, 1986 ( S.I. No. 364 of 1986 );

"the Local Government Officers (Widows' and Orphans' Contributory Pension) Scheme, 1984" means the Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 321 of 1984 );

"the Local Government Superannuation Revision Scheme" means the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ) and the Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1987 ( S.I. No. 315 of 1987 );

"the Voluntary Hospitals (Non- Officers) Superannuation Scheme, 1985" means the Voluntary Hospitals (Non-Officers) Superannuation Scheme, 1985 introduced by the Minister with effect from the 1st day of October, 1985;

"the Voluntary Hospitals Superannuation Scheme, 1969" means the Voluntary Hospitals Superannuation Scheme, 1969 introduced by the Minister with effect from the 1st day of January, 1969.", and

(b) by the substitution for Article 24 of the following Article:

"24. (1) Subject to the provisions of sub-articles (2), (3), (4), (5), (6) and (7) of this article, Schemes and Regulations made under the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) shall apply to the Board as if it were a local authority.

(2) Notwithstanding the provisions of sub-article (1), the following provisions shall apply to a person who, immediately before the date of transfer to the Board, was pensionable under the Voluntary Hospitals Superannuation Scheme, 1969:

(a) if he opted not to have the amendments to that Scheme which came into effect on the 27th day of May, 1977 applied to him, the 1956 Act Scheme shall be applied to him unless he has opted within six months of the date of transfer or three months of the date of notification of such option to him by the Board, whichever is the later, to have the Local Government Superannuation Revision Scheme applied to him;

(b) subject to paragraph (d), if he was a member of the relevant ancillary Spouses' and Children's Pension Scheme and opted not to have the amendments to that Spouses' and Children's Pension Scheme, effective from the 1st day of January, 1986, applied to him, the Local Government Officers (Widows' and Orphans' Contributory Pension) Scheme, 1984 shall be applied to him unless he has opted within six months of the date of transfer or within three months of the date of notification of such option to him by the Board, whichever is the later, to have the Local Government Officers (Spouses' and Children's Contributory Pension) Scheme, 1986 applied to him;

(c) subject to paragraph (d), if he was not a member of the relevant ancillary Spouses' and Children's Pension Scheme, neither the Local Government Officers (Widows' and Orphans' Contributory Pension) Scheme, 1984 nor the Local Government Officers (Spouses' and Children's Contributory Pension) Scheme, 1986 shall be applied to him; however, he may opt within six months of the date of transfer or within three months of the date of notification of such option to him by the Board, whichever is the later, to have the Local Government Officers (Spouses' and Children's Contributory Pension) Scheme, 1986 applied to him;

(d) notwithstanding the provisions of paragraphs (b) and (c), the Local Government Officers (Spouses' and Children's Contributory Pension) Scheme, 1986 shall apply to a person referred to in paragraph (a) to whom the Local Government Superannuation Revision Scheme has been applied.

(3) Notwithstanding the provisions of sub-article (1), the following provisions shall apply to a person who, immediately before the date of transfer to the Board, was pensionable under the Voluntary Hospitals (Non-Officers) Superannuation Scheme, 1985:

(a) the Local Government Superannuation Revision Scheme shall apply to him as if the reference to the 27th day of May, 1977 in articles 38 (2) and 44 (5) were construed as a reference to the date of commencement of his reckonable service;

(b) if he has not already done so, he shall be entitled to reckon all service given by him prior to the commencement of the Voluntary Hospitals (Non-Officers) Superannuation Scheme, 1985 on the same terms as applied to persons who joined that Scheme with effect from the 1st day of October, 1985 provided that he has opted within six months of the date of transfer or within three months of the date of notification of such option to him by Board, whichever is the later, to reckon all such service given by him prior to the commencement of the said 1985 Scheme;

( c ) if he was a member of the relevant ancillary Spouses' and Children's Pension Scheme and opted not to have the amendments to that Spouses' and Children's Pension Scheme, effective from the 1st day of January, 1986, applied to him, the Local Government Employees (Widows' and Orphans' Contributory Pension) Scheme, 1984 shall be applied to him unless he has opted within six months of the date of transfer or within three months of the date of notification of such option to him by the Board, whichever is the later, to have the Local Government Employees (Spouses' and Children's Contributory Pension) Scheme, 1986 applied to him;

( d ) if he was not a member of the relevant ancillary Spouses' and Children's Pension Scheme, neither the Local Government Employees (Widows' and Orphans' Contributory Pension) Scheme, 1984 nor the Local Government Employees (Spouses' and Children's Contributory Pension) Scheme, 1986 shall be applied to him; however, he may opt within six months of the date of transfer or within three months of the date of notification to him of such option by the Board, whichever is the later, to have the Local Government Employees (Spouses' and Children's Contributory Pension) Scheme, 1986 applied to him.

(4) Notwithstanding the provisions of sub-article (1), the following provisions shall apply to a person who, immediately before the date of transfer to the Board, was employed as an employee in a permanent, wholetime capacity in Jervis Street Hospital but was not a member of the Voluntary Hospitals (Non-Officers) Superannuation Scheme, 1985:

( a ) the Local Government Superannuation Revision Scheme shall apply to him as if the reference to the 27th day of May, 1977 in articles 38 (2) and 44 (5) were construed as a reference to the date of commencement of his reckonable service, and

( b ) he shall be entitled to have the terms of the Voluntary Hospitals (Non-Officers) Superannuation Scheme, 1985 applied to him with effect from the commencement of that Scheme so as to reckon all service given prior to the commencement of that Scheme on the same terms as applied to persons who joined that Scheme with effect from the 1st day of October, 1985 provided that he has opted within six months of the date of transfer or within three months of the date of notification of such option to him by the Board, whichever is the later, to have the terms of the Voluntary Hospitals (Non Officers) Superannuation Scheme, 1985 so applied to him.

(5) An officer or employee to whom the foregoing provisions of this article apply shall be entitled to reckon service given prior to the date of transfer which he has not already contributed for on such terms as are determined by the Minister".

GIVEN under the Official Seal of the Minister for Health, this

12th day of August, 1991.

RORY O'HANLON,

Minister for Health.

The Minister for the Environment hereby consents to the making of the above Order.

GIVEN under the Official Seal of the Minister for the Environment,

this 12th day of August, 1991.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

This Order amends the Establishment Order of the Drug Treatment Centre Board in order to allow Schemes and Regulations under the Local Government (Superannuation) Act, 1980 to be applied to the Board. It includes provision for modifications to facilitate certain persons who had been employed in Jervis Street Hospital prior to transferring to the Drug Treatment Centre Board on the closure of Jervis Street Hospital.