S.I. No. 315/1987 - Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1987.

S.I. No. 315 of 1987.

LOCAL GOVERNMENT (SUPERANNUATION REVISION) (CONSOLIDATION) (AMENDMENT) SCHEME, 1987.

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 (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1987.

( b ) This Scheme and the Principal Scheme shall be construed as one and may be cited together as the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 and 1987.

2 Commencement.

2. (1) This Scheme, other than article 5 (e), shall be deemed to have come into force on the 27th day of May, 1977.

(2) Article 5 (e) shall be deemed to have come into force on the 1st day of January, 1985.

3 Interpretation.

3. In this Scheme—

"the Principal Scheme" means the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ).

4 Amendment of article 8 of the Principal Scheme.

4. Article 8 of the Principal Scheme is hereby amended by the substitution of the words "three years" for the words "twelve months" in sub-article (5).

5 Amendment of article 10 of the Principal Scheme

5. Article 10 of the Principal Scheme is hereby amended—

( a ) by the substitution of the words "sub-articles (3) to (8)" for the words "sub-articles (3) to (7)" in sub-article (2),

( b ) by the insertion of the words "sub-article (8) and" between the words "Subject to" and the words "article 12 (9)" in sub-article (5) (a),

( c ) by the substitution of the word "subparagraph" for the word "paragraph" in sub-article (5) (a) (iii),

( d ) by the substitution of the word "paragraph" for the word "sub-article" in sub-article (5) (b), and

( e ) by the substitution of the following sub-articles for sub-article (8):

"(8) Where, on or after the 1st day of January, 1985, a registered officer of a local authority, other than a registered officer referred to in sub-article (5), retires from an office the qualifications for which are professional, technical or specialist the local authority may, subject to the sanction of, and in accordance with such conditions, including conditions relating to contributions, as may be determined by, the Minister, add a period to his pensionable local service.

(9) For the purposes of this article—

"the Act of 1926" means the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926).".

6 Amendment of article 16 of the Principal Scheme

6. Article 16 of the Principal Scheme is hereby amended—

( a ) by the substitution of the following paragraph for paragraph (b) of sub-article (1):

"(b) as respects a person who is a registered officer on or after the 10th day of January, 1984, either,

(i) the amount of the lump sum that would be appropriate under article 14 shall be reduced by the amount of any loss of funds to the local authority for which the person is culpable 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 article 15 shall be suspended until such time as the total loss is recovered by the local authority, or

(ii) the lump sum and allowance shall be reduced by such amount as the local authority in the special circumstances of the case consider proper.", and

( b ) by the substitution of the following sub-articles for sub-article (2):

"(2) Where it is favourable to him, the provisions of sub-article (1) (b) shall be applied in relation to a registered officer who was granted a reduced lump sum and allowance under article 13 and who ceased to hold office before the 10th day of January, 1984, with effect from the 10th day of January, 1984, or, where the provisions of sub-article (1) (b) (i) are applied, 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 article 15.".

7 Amendment of article 20 of the Principal Scheme.

7. Article 20 of the Principal Scheme is hereby amended by the substitution of the following sub-clause for sub-clause (B) of sub-article (1) (II):

"(B) as respects a person who is a female registered officer on or after the 10th day of January, 1984, either—

(i) by the amount of any loss of funds to the local authority for which the person is culpable, or

(ii) by such amount as the local authority in the special circumstances of the case consider proper;".

8 Amendment of article 21 of the Principal Scheme.

8. Article 21 of the Principal Scheme is hereby amended by the substitution of the following paragraphs for paragraphs (b) and (c) of sub-article (6):

"(b) as respects a person who is a registered officer on or after the 10th day of January, 1984, either,

(i) the amount of the preserved lump sum that would be appropriate under sub-article (5) (b) shall be reduced by the amount of any loss of funds to the local authority for which the person is culpable 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-articles (5) (a) shall be suspended until such time as the total loss is recovered by the local authority, or

(ii) 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, and

( c ) where it is favourable to him, the provisions of paragraph (b) shall be applied in relation to a registered officer who was granted a reduced preserved lump sum and a reduced preserved pension and who ceased to hold office before the 10th day of January, 1984, with effect from the 10th day of January, 1984, or, where the provisions of paragraph (b) (i) are applied, 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 preserved pension.".

9 Amendment of article 22 of the Principal Scheme.

9. Article 22 of the Principal Scheme is hereby amended by the substitution of the following sub-articles for sub-article (5):

"(5) ( a ) Where a registered officer of a local authority takes up an appointment with an institution of the European Communities in the circumstances described in sub-article (1) and the local authority, after consultation with the Minister, are subsequently satisfied that, that appointment having been terminated, such termination is due to redundancy, and the person applies to return to his position in the local authority, the following provisions shall apply:

(i) he may, if the local authority, after consultation with the Minister, are satisfied that there are special reasons for so doing, and he ceases to hold office with the local authority by reason of his resignation therefrom, be deemed to have returned to his position in the local authority on the day following his last day of service with the institution and to have ceased to hold office with the local authority in the circumstances referred to in article 13 (2) (c) on that day, and

(ii) if he is so deemed to have returned to his position in the local authority, the said day shall not constitute pensionable local service.

( b ) In determining the amount of an annual allowance or a lump sum which may be granted to a person who by virtue of paragraph (a) is deemed to have returned to his position in the local authority on the day following his last day of service with the institution and to have ceased to hold office with the local authority in the circumstances referred to in article 13 (2) (c) on that day, the local authority, with the consent of the Minister, shall be entitled to take account of any compensation received by the person by virtue of such termination of his appointment with the relevant institution.

(6) For the purposes of this article—

"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.".

10 Amendment of article 23 of the Principal Scheme.

10. Article 23 of the Principal Scheme is hereby amended—

( a ) by the substitution of the words "three years" for the words "twelve months" in sub-article (2) (a), and

( b ) by the insertion of the words "Save where an agreement pursuant to article 57 applies" before the words "Where contributions are received by a local authority" in sub-articles (2) (b).

11 Amendment of article 27 of the Principal Scheme

11. Article 27 of the Principal Scheme is hereby amended—

( a ) by the substitution of the following sub-article for sub-article (6):

"(6) in this article "the relevant period" means—

( a ) in case the period or the aggregate of periods which the officer is entitled to reckon as service under this Part of this Scheme is less than three years — such period or the aggregate of such periods, and

( b ) in any other case—the period or the aggregate of the periods comprising the last three years of his service,

subject to the proviso that any period during which he shared a wholetime office with one other officer under an approved job-sharing scheme shall, for the purposes of this article only, be deemed to be a period during which he held such office in a wholetime capacity.",

( b ) by the insertion of the words "date of" between the words "belonged at the" and the words "cesser of office" in sub-article (7), and

( c ) by the substitution of the following sub-articles for sub-articles (8) and (9):

"(8) Where the terms of an agreement on pay in the public service made with the consent of a Minister of the Government and of the Minister for Finance specify that the pensionable remuneration of a registered officer for the purposes of determining a lump sum under article 14, a lump sum under article 14 together with an allowance under article 15, a short service gratuity under article 17, a death gratuity under article 18 or a marriage gratuity under article 20 shall be calculated otherwise than in accordance with the foregoing provisions of this article, such pensionable remuneration shall be calculated having regard to the terms of such agreement.

(9) For the purposes of sub-article (2), the words "salary" and "emoluments" shall, as respects a registered officer who is sharing a wholetime office with one other officer under an approved job-sharing scheme, mean, as respects any period during which he is so sharing a wholetime office, his "salary" and "emoluments", respectively, as increased by 100 per cent.".

12 Amendment of article 32 of the Principal Scheme

12. Article 32 of the Principal Scheme is hereby amended by the substitution of the words "three years" for the words "twelve months" in sub-article (5).

13 Amendment of article 38 of the Principal Scheme.

13. Article 38 of the Principal Scheme is hereby amended by the substitution of the following subparagraph for subparagraph (i) of sub-article (3) (b):

"(i) fails to qualify for invalidity pension, unemployment benefit, disability benefit, retirement pension or old age contributory pension where such failure is due to causes outside his own control, or".

14 Amendment of article 39 of the Principal Scheme.

14. Article 39 of the Principal Scheme is hereby amended—

( a ) by the substitution of the following paragraph for paragraph (b) of sub-article (1):

"(b) as respects a person who is a registered employee on or after the 10th day of January, 1984, either,

(i) the amount of the lump sum that would be appropriate under article 37 shall be reduced by the amount of any loss of funds to the local authority for which the person is culpable 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 article 38 shall be suspended until such time as the total loss is recovered by the local authority, or

(ii) the lump sum and allowance shall be reduced by such amount as the local authority in the special circumstances of the case consider proper.", and

( b ) by the substitution of the following sub-article for sub-article (2):

"(2) Where it is favourable to him, the provisions of sub-article (1) (b) shall be applied in relation to a registered employee who was granted a reduced lump sum and allowance under article 36 and who ceased to hold his employment before the 10th day of January, 1984, with effect from the 10th day of January, 1984, or, where the provisions of sub-article (1) (b) (i) are applied, 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 article 38.".

15 Amendment of article 43 of the Principal Scheme.

15. Article 43 of the Principal Scheme is hereby amended by the substitution of the following sub-clause for sub-clause (B) of sub-articles (1) (II):

"(B) as respects a person who is a female registered employee on or after the 10th day of January, 1984, either—

(i) by the amount of any loss of funds to the local authority for which the person is culpable, or

(ii) by such amount as the local authority in the special circumstances of the case consider proper;".

16 Amendment of article 44 of the Principle Scheme

16. Article 44 of the Principal Scheme is hereby amended by the substitution of the following paragraphs for paragraphs (b) and (c) of sub-article (6):

"(b) as respects a person who is a registered employee on or after the 10th day of January, 1984, either,

(i) the amount of the preserved lump sum that would be appropriate under sub-article (5) (b) shall be reduced by the amount of any loss of funds to the local authority for which the person is culpable 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 (5) (a) shall be suspended until such time as the total loss is recovered by the local authority, or

(ii) 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, and

( c ) where it is favourable to him, the provisions of paragraph (b) shall be applied in relation to a registered employee who was granted a reduced preserved lump sum and a reduced preserved pension and who ceased to hold his employment before the 10th day of January, 1984, with effect from the 10th day of January, 1984, or, where the provisions of paragraph (b) (i) are applied, 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 preserved pension.".

17 Amendment of article 45 of the Principal Scheme.

17. Article 45 of the Principal Scheme is hereby amended—

( a ) by the substitution of the words "three years" for the words "twelve months" in sub-article (2) (a), and

( b ) by the insertion of the words "Save where an agreement pursuant to article 57 applies" before the words "Where contributions are received by a local authority" in sub-article (2) (c).

18 Amendment of article 49 of the Principal Scheme.

18. Article 49 of the Principal Scheme is hereby amended by the substitution of the following sub-articles for sub-articles (8) and (9):

"(8) Where the terms of an agreement on pay in the public service made with the consent of a Minister of the Government and the Minister for Finance specify that the pensionable remuneration of a registered employee for the purposes of determining of a lump sum under article 37, a lump sum under article 37 together with an allowance under article 38, a short service gratuity under article 40, a death gratuity under article 41 or a marriage gratuity under article 43 shall be calculated otherwise than in accordance with the foregoing provisions of this article, such pensionable remuneration shall be calculated having regard to the terms of such agreement.

(9) For the purposes of sub-article (2), the words "wages" and "emoluments" shall, as respects a registered employee who is sharing wholetime employment with one other employee under an approved job-sharing scheme, mean, as respects any period during which he is so sharing wholetime employment, his "wages" and "emoluments", respectively, as increased by 100 per cent.".

19 Other amendments of the Principal Scheme.

19. The Principal Scheme is also amended by the substitution of the following article for article 67:

"General restrictions on grants

67. (1) Save under this Scheme or any scheme or regulations made under the Local Government (Superannuation) Act of 1980, the Asylum Officers' Superannuation Act, 1909 of Part VIII of the Act of 1945, a local authority shall not grant any pension, allowance, short service gratuity, death gratuity, marriage gratuity, lump sum (including a preserved lump sum, preserved pension, preserved death gratuity) or return of contributions to or in respect of any of their officers or employees.

(2) Notwithstanding the provisions of sub-article (1), a local authority may establish a scheme for the making by their officers and employees of voluntary contributions to trustees in respect of superannuation benefits which are additional to those provided for by the local authority, subject to the provisos—

(i) that such scheme shall satisfy conditions specified by the Minister for the purposes of this sub-article, and

(ii) that the local authority shall not be liable for the grant or payment of any benefit under, or any loss incurred by, such scheme.".

GIVEN under the Official Seal of the Minister for the Environment this 10th day of December, 1987.

PÁDRAIG FLYNN,

Minister for the Environment.

The Minister for Finance hereby consents to the Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1987.

GIVEN under the Official Seal of the Minister for Finance this 10th day of December, 1987.

RAY MACSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

This Scheme amends and updates the superannuation provisions applicable to officers and employees of local authorities contained in the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986.