S.I. No. 178/2004 - Local Government (Superannuation) (Consolidation) (Amendment) Scheme 2004

The Minister for the Enviornment, Heritage and Local Government, 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:

Short Title.

1. (1) This Scheme may be cited as the Local Government (Superannuation) (Consolidation) (Amendment) Scheme, 2004.

(2) This Scheme, the Local Government (Superannuation) (Consolidation) Scheme, 1998 ( S.I. No. 455 of 1998 ) and the Local Government (Superannuation) (Consolidation) (Amendment) Scheme, 2002 ( S.I. No. 288 of 2002 ) shall be construed as one and may be cited together as the Local Government (Superannuation) (Consolidation) Scheme, 1998 to 2004.

Commencement.

2. This Scheme shall be deemed to have come into force on the 25th day of October, 2003.

Interpretation.

3. In this Scheme:—

“the Principal Scheme” means the Local Government (Superannuation) (Consolidation) Scheme, 1998.

Amendment of article 5 of the Principal Scheme.

4. Article 5 of the Principal Scheme is hereby amended by the substitution of the following sub-article for sub-article (3) thereof:

“(3)    An officer of a local authority aggrieved by the refusal of or failure by the local authority to enter his or her name in the register may, on or before the 24th day of October, 2003, appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be entered in the register as from a specified date and, in the latter case, the local authority shall enter the name in the register as from that date.”.

Amendment of article 6 of the Principal Scheme.

5. Article 6 of the Principal Scheme is hereby amended by the substitution of the following sub-article for sub-article (3) thereof:

“(3)    A person aggrieved by the removal of his or her name by a local authority from the register may, where the date of such removal is on or before the 24th day of October, 2003, within six months after the date the removal is notified to him or her, appeal against the removal to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be reinstated in the register and, in the latter case, the local authority shall reinstate the name in the register.”.

Amendment of article 60 of the Principal Scheme.

6. Article 60 of the Principal Scheme is hereby amended by the substitution of the following sub-article for sub-article (4) thereof:

“(4)    An officer or employee of a local authority aggrieved by the refusal of or failure by the local authority to enter his or her name in Part I or Part II of the Register, as appropriate, may, on or before the 24th day of October, 2003, appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be entered in Part I or Part II of the Register, as appropriate, as from a specified date and, in the latter case, the local authority shall enter the name in the Register as from that date.”.

Amendment of article 61 of the Principal Scheme.

7. Article 61 of the Principal Scheme is hereby amended by the substitution of the following paragraph for paragraph (b) of sub-article (3) thereof:

“(b)    A person aggrieved by the removal of his or her name by a local authority from Part I or Part II of the Register may, where the date of such removal is on or before the 24th day of October, 2003, within six months after the date the removal is notified to him or her, appeal against the removal to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be reinstated in the Register and, in the latter case, the local authority shall reinstate the name in the Register.”.

Amendment of article 282 of the Principal Scheme.

8. Article 282 of the Principal Scheme is hereby amended by the substitution of the following article therefor:

“282 (1) (a)  Where a person who ceases to be a pensionable officer, pensionable servant, registered officer or registered employee on or before the 24th day of October, 2003 is aggrieved by the failure or refusal of a local authority to grant under this Scheme (other than Part VI) a lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) or to return under this Scheme contributions, he or she may appeal to the Minister against such failure or refusal.

(b)  Where a person who ceases to be a pensionable officer, pensionable servant, registered officer or registered employee on or before the 24th day of October, 2003 is aggrieved by the amount of any lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) granted by a local authority under this Scheme, he or she may appeal to the Minister against such amount.

(c)  An appeal under this article by a person against a failure to make a grant or return of contributions shall be brought not later than eight months after the circumstances arose which he or she alleges required the local authority to make the grant or return of contributions and any other appeal under this article shall be brought not later than six months after the decision appealed from has been notified to the appellant.

(d)  On an appeal under this article, the Minister may either refuse the appeal or make such provisions as should in his or her opinion have been made by the local authority, and any provisions so made by the Minister shall have effect as if made by the local authority.

(2) (a) Where, in relation to any matter as respects which there is no right of appeal under sub-article (1), or under article 5(3), 6(3), 60(4) or 61(3)(b), an actual or potential beneficiary alleges that he or she has sustained financial loss under this Scheme occasioned by an act of maladministration done by a local authority, he or she may, after the 24th day of October 2003, make a complaint to the relevant local authority and seek a determination in relation so such complaint.

(b)  Where, in relation to any matter as respects which there is no right of appeal under sub-article (1), or under article 5(3), 6(3), 60(4) or 61(3)(b), any dispute of fact or law arises in relation to an act done by a local authority under this Scheme, an actual or potential beneficiary may, after the 24th day of October 2003, refer such dispute to the relevant local authority and seek a determination in relation to such dispute.

(c)  An application for a determination in relation to a complaint or dispute shall be in writing and signed by or on behalf of the actual or potential beneficiary and shall set out the particulars of the complaint or dispute in respect of which a determination is sought, including—

(i) the full name, address and date of birth of the actual or potential beneficiary,

(ii) the address to be used for the service of documents in connection with the complaint or dispute,

(iii) a statement concerning the nature of the complaint or dispute with sufficient details to show why the actual or potential beneficiary is aggrieved, and

(iv) such other information as the relevant local authority may reasonably require.

(d)  The relevant local authority shall make a determination in relation to a complaint or a dispute and notification of that determination shall be issued to the complainant in writing within three months from the date on which all the particulars specified in paragraph (c) were received.

(e)  Where a complaint is made or a dispute is referred to a relevant local authority, the determination of such complaint or dispute shall be made by a member of the staff of such local authority, other than the person whose action gave rise to such complaint or dispute, whose rank is no lower than that of the person whose action gave rise to such complaint or dispute.

(f)  The notification referred to in paragraph (d) shall include

(i) a statement of the determination,

(ii) a reference to any legislation, legal precedent, ruling of the Pensions Board, ruling or practice of the Revenue Commissioners or other material relied upon,

(iii) a reference to such provisions of this Scheme relied upon and, where a discretion has been exercised, a reference to such provisions of this Scheme by which such discretion is conferred,

(iv) a statement that the determination is not binding upon any person unless, upon or after the making of the determination, the person assents, in writing, to be bound by it, and

(v) a statement that the complainant should check whether the complaint or dispute is one in respect of which the Pensions Ombudsman has jurisdiction to investigate under section 131 of the Pensions Act, 1990 and that further information can be found in an information booklet available from the office of the Pensions Ombudsman (the address of which shall be given).

(g)  For the purposes of this sub-article, a complaint or dispute means a complaint or dispute the act giving rise to which was done on or after the 14th day of April, 1996.

(h)  In this sub-article—

“actual or potential beneficiary” has the meaning assigned to it by section 126 (1) of the Pensions Act, 1990 ;

“borough council” and “town council” have the meanings assigned to them by the Local Government Act, 2001 (No. 37 of 2001);

“the Pensions Board” means the Board established pursuant to section 9 of the Pensions Act, 1990 ;

“the Pensions Ombudsman” means the office of Pensions Ombudsman established by section 127 of the Pensions Act, 1990 ;

“relevant local authority” means—

(A)   in relation to a borough council or a town council, the county council in whose county the borough or town is situated,

(B)   in any other case, the local authority by whom the act was done which gave rise to the complaint or dispute referred to in this sub-article.

The Minister for Finance hereby consents to the Local Government (Superannuation) (Consolidation) (Amendment) Scheme, 2004.

EXPLANATORY NOTE.

(This note is not a part of the Instrument and does not purport to be a legal interpretation).

This Scheme amends the Local Government (Superannuation) (Consolidation) Scheme, 1998 to provide for the internal resolution of disputes and complaints by local authorities and other bodies to which the scheme applies.