Local Government (Superannuation) Act, 1980

Amendment of section 4 of Health (Corporate Bodies) Act, 1961.

7.—Section 4 of the Act of 1961 is hereby amended by—

(a) the insertion of “, or any scheme or regulations under the Local Government (Superannuation) Act, 1980,” before “to the body” in paragraph (b) of subsection (2) and before both “to a body” and “has been applied” in subsection (3), and the said paragraph (b) and subsection (3), as amended by this section and by the Local Government (Alteration of Name of Department and Title of Minister) Order, 1977, are set out in paragraphs 1 and 2, respectively, of the Table to this section; and

(b) the insertion of the following subsections after subsection (3):

“(4) Where an establishment order or any order amending an establishment order includes provisions for the application of a scheme under the Local Government (Superannuation) Act, 1980, the body concerned shall carry out the scheme in accordance with its terms but subject to such modifications as may be specified in the order.

(5) An order amending an establishment order may, in so far as it applies any scheme or regulations under the Local Government (Superannuation) Act, 1980, have retrospective effect.”

TABLE

1. (b) the application of the Local Government (Superannuation) Act, 1956 , or any scheme or regulations under the Local Government (Superannuation) Act, 1980, to the body as if it were a local authority but subject to any modifications (including modifications relating to service reckonable as pensionable service) which may, with the consent of the Minister for the Environment, be specified in the order.

2. (3) Where provision has been made in an establishment order or an order amending an establishment order for the application of the Local Government (Superannuation) Act, 1956 , or any scheme or regulations under the Local Government (Superannuation) Act, 1980, to a body established by an establishment order (whether with or without modifications relating to service reckonable as pensionable service) and an officer of that body becomes a pensionable officer of a local authority, subsection (1) of section 11 of that Act shall in its application to him, be construed as if the following paragraph were added to that subsection:—

“(i) service as a pensionable officer of a body established under the Health (Corporate Bodies) Act, 1961 to which this Act, or any scheme or regulations under the Local Government (Superannuation) Act, 1980, has been applied under that Act or other service which would be reckonable by such body for the purposes of his superannuation”.