S.I. No. 240/1989 - Local Government Officers (Spouses and Childrens Contributory Pension) (Amendment) Scheme, 1989.

S.I. No. 240 of 1989.

LOCAL GOVERNMENT OFFICERS (SPOUSES AND CHILDRENS CONTRIBUTORY PENSION) (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 Officers (Spouses and Childrens Contributory Pension) (Amendment) Scheme, 1989.

( b ) This Scheme and the Principal Scheme shall be construed as one and may be cited together as the Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986 and 1989.

2 Commencement.

2. This Scheme shall be deemed to have come into force on the 1st day of September, 1984.

3 Interpretation.

3. In this Scheme—

"The Principal Scheme" means the Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986 ( S.I. No. 364 of 1986 ).

4 Amendment of the Principal Scheme.

4. The Principal Scheme is hereby amended as follows:—

( a ) by the substitution of the words "articles 24, 25 and 26" for the words "articles 24 and 25" in paragraph (f) of the definition of "the deceased's pension" and the definition of "member" in article 3 and in article 5 (1),

( b ) by the insertion of the words "and article 26" after the words "Subject to sub-article (2)" in article 24 (1),

( c ) by the insertion of the words "and article 26" after the words "Subject to sub-article (2)" in article 25 (1), and

( d ) by the addition of the following article:

"Application of this Scheme to spouses of female servants and officers and officers who ceased to hold office before 10 January, 1984.

26. (1) Subject to sub-article (2), the provisions of this Scheme shall apply in respect of a female pensionable officer or a female registered officer who, between the 23rd day of July, 1968 and the 9th day of January, 1984, either—

( a ) died while serving as a female pensionable officer or a female registered officer, or

( b ) ceased to hold her office with the grant of a superannuation award and, as respects any such officer who is married and in receipt of an allowance on the 1st day of January, 1990, an election in writing to join this Scheme is exercised by her or her spouse or legal personal representative on or before the 30th day of June, 1990 or, in relation to a female registered officer who was granted a preserved pension and preserved lump sum, at the time application is made for payment of the preserved pension and preserved lump sum or preserved death gratuity, as appropriate.

(2) ( a ) The provisions of articles 9 and 13 shall not apply in relation to a person referred to in sub-article (1) and in lieu thereof a contribution shall be payable under this article in such manner as may be determined by the Minister.

( b ) Where a female pensionable officer revered to in sub-article (1) was awarded or, regard being had to paragraph ( f ) of the definition of "the deceased's pension" in article 3, would have been awarded a pension based on sixtieths of pensionable remuneration, then in applying this Scheme the amount of the deceased's pension shall be reduced by one-quarter.

(3) For the purposes of sub-article (1) "superannuation award" shall mean—

( a ) subject to article 26 (9) of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987, a lump sum and allowance under article 12 of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987, or article 13 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986, or a preserved pension and preserved lump sum under article 21 of the Local Government (Superannuation Revision (Consolidation) Scheme, 1986, or

( b ) a short service gratuity under article 16 (2) of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 where the officer ceased to hold her office by reason of permanent infirmity of mind or body.".

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 Officers (Spouses and Childrens Contributory Pension) (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.

This Scheme amends the superannuation provisions contained in the Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986 to provide pensions for the spouses and children of certain female officers of local authorities who retired or died between 23 July, 1968 and 9 January, 1984.