S.I. No. 32/1984 - Local Government (Superannuation) Regulations, 1984.

S.I. No. 32 of 1984.

LOCAL GOVERNMENT (SUPERANNUATION) REGULATIONS, 1984.

The Minister for the Environment, in exercise of the powers conferred on him by sections 3 and 5 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980), with the consent of the Minister for the Public Service, hereby makes the following regulations:

1 Short Title.

1. These regulations may be cited as the Local Government (Superannuation) Regulations, 1984.

2 Definitions.

2. In these Regulations—

"the Act of 1925" means the Local Government Act, 1925 (No. 5 of 1925);

"the Act of 1945" means the Mental Treatment Act, 1945 (No. 19 of 1945);

"the Act of 1948" means the Local Government (Superannuation) Act, 1948 (No. 4 of 1948);

"the Act of 1956" means the Local Government (Superannuation) Act, 1956 (No. 10 of 1956).

3 Amendment of section 10 of the Act of 1956.

3. Subsection (1) of section 10 of the Local Government (Superannuation) Act, 1956 is hereby amended:

( a ) by the addition to paragraph (a) of the words "nor, in the case of a member of the Reserve Defence Force, being a period commencing on or after the 1st day of January, 1981, in respect of which he is granted special leave without pay for attending training with that Force," and

( b ) by the addition to paragraph (d) of the words "other than in a case where he is immediately appointed to or employed in a position service in which is capable of being reckoned under this Act, the date of such appointment or employment not being earlier than the 1st day of January 1968.".

4 Amendment of section 11 of the Act of 1956.

4. (1) Subsection (1) of section 11 of the Act of 1956 is hereby amended by the insertion of the following paragraph after paragraph (e):

"( ee ) as respects a person who is a pensionable officer on or after the 1st day of November, 1977, service which is reckonable for the purposes of the Superannuation Acts (or which, had it continued until the commencement of section 7 of the Social Welfare Act, 1950 (No. 14 of 1950), would have been reckoned by virtue of that section, for the purposes of the Superannuation Acts) being service which is succeeded, either immediately or at a later date, by service as a pensionable officer or pensionable servant of the local authority or any other local authority or by subsequent service in a position in which service for the purposes of those Acts is reckonable,".

(2) Paragraph (g) of subsection (1) of section 11 of the Act of 1956 is hereby amended by the insertion of the words "or as respects a person who is a pensionable officer of a local authority on or after the 1st day of January, 1968" after the words "an officer of a vocational education committee".

(3) Subsection (1) of section 11 of the Act of 1956 is hereby amended by the addition of the following paragraphs:

"( j ) as respects a person who is a pensionable officer on or after the 1st day of January, 1970, not more than two years' emergency military service, not being service referred to in paragraph (h), where for such period the person—

(i) held commissioned rank in the Defence Forces, or

(ii) was serving as a soldier in the Defence Forces, or

(iii) being an officer of the Reserve or a man of the Reserve was called out on permanent service in pursuance of section 221 of the Defence Forces (Temporary Provisions) Act, 1923 ,

subject to the priviso that a person shall not be entitled to reckon such service where he—

(I) having been appointed to commissioned rank in the Defence Forces, was—

( aa ) dismissed with ignominy from the Defence Forces, or

( bb ) dismissed from the Defence Forces by sentence of a court-martial, or

( cc ) dismissed under section 7 of the Defence Forces Act, 1937 , or

(II) having been serving as a soldier in the Defence Forces, was—

( aa ) discharged from the Defence Forces by sentence of a court-martial, or

( bb ) discharged from the Defence Forces for any of the following reasons, namely, misconduct, wilfully making a false statement on attestation or conviction by the civil power, or

( cc ) dismissed from the Defence Forces under the Emergency Powers (No. 362) Order, 1945, or under section 13 of the Defence Forces (Temporary Provisions) Act, 1946, or

(III) was a person to or in respect of whom any payment was made under the Defence Forces (Pensions) Scheme, 1937, as amended, or the Army Pensions Acts, 1923 to 1980, unless such payment is refunded or reduced as the Minister for the Environment may consider appropriate,

( k ) as respects a person who is a pensionable officer on or after the 1st day of January, 1970, not more than two years' service as a member of the army nursing service during the period beginning on the 2nd day of September, 1939 and ending on the 31st day of October, 1946, subject to the proviso that such service shall not be reckonable—

(I) where pay as a member of the army nursing service was not payable to the person,

(II) where the person was dismissed from the army nursing service on the grounds of misconduct, or

(III) where the person was a person to or in respect of whom any payment was made under the Defence Forces (Pensions) Scheme, 1937, as amended, or the Army Pensions Acts, 1923 to 1980, unless such payment is refunded or reduced as the Minister for the Environment may consider appropriate.".

(4) Section 11 of the Act of 1956 is hereby amended by the substitution in subsection (2) of the words "In paragraphs (a), (e) and (ee) of subsection (1)" for the words "In paragraph (a) and paragraph (e) of subsection (1)" and by the addition of the following paragraphs:

"( d ) as respects a person who is a pensionable officer on or after the 1st day of January, 1968

— which at any time before the commencement of this Part of this Act he was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him, not being service which he is entitled to reckon under paragraph (c), or

( e ) as respects a pensionable officer who ceased to hold office on or before the 31st day of December, 1967

— which at any time before the commencement of this Part of this Act he was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him, not being service which he is entitled to reckon under paragraph (c), for the purpose of determining with effect from the 1st day of January, 1968 the amount of an allowance pursuant to sections 15 and 17 of this Act subject to the following provisos:

(i) that, with effect from the said 1st day of January, any period added pursuant to paragraph (f) of subsection (2) of section 13 of this Act shall be disregarded, and

(ii) that the amount of the additional allowance payable pursuant to this subsection shall be reduced by one-quarter in any case where the provisions of subsection (11) of section 28 of this Act apply.".

(5) Section 11 of the Act of 1956 is hereby amended by the insertion of the following subsection after subsection (3):

"(3A) ( a ) Where as respects a person who is a pensionable officer on or after the 1st day of January, 1968—

(i) he had a period of service for the purposes of Part IV of the Act of 1925 or for the purposes of such Act passed before the Act of 1925 and relating to superannuation as may have applied to him, and

(ii) the period specified in sub-paragraph (i) of this paragraph was at any time succeeded by a period of service in a position service in which is, apart from subsection (2) or (3) of this section, capable of being reckoned by him under this Act,

such person shall, as respects the period specified in paragraph (a) of this subsection, be entitled to reckon it as service.

( b ) The provisions of paragraph (a) of this subsection shall apply for the purposes of determining with effect from the 1st day of January, 1968 the amount of allowances under sections 15 and 17of the the Act of 1956 in relation to pensionable officers who ceased to hold office on or before the 31st day of December, 1967, subject to the provisos

(i) that, with effect from the said 1st day of January, any period added pursuant to paragraph (f) of subsection (2) of section 13 of this Act shall be disregarded, and

(ii) that the amount of the additional allowance so payable shall be reduced by one-quarter in any case where the provisions of subsection (11) of section 28 of this Act apply.".

(6) Section 11 of the Act of 1956 is hereby amended by the addition of the following subsections:

"(5) ( a ) Where a person is a pensionable officer on or after the 1st day of January, 1968 he shall be entitled to reckon as service,

(i) a continuous or substantially continuous period of wholetime service as a temporary officer of a local authority,

(ii) a period of wholetime unestablished service in the civil service rendered after attaining the age of sixteen years,

(iii) a period of service which is partly of the kind referred to at (i) and partly of the kind referred to at (ii) where such parts are continuous with each other,

where such periods were immediately succeeded by service which is capable of being reckoned as service under this Act.

( b ) The provisions of paragraph (a) of this subsection shall be applied for the purposes of determining, with effect from the 1st day of January, 1968, the amount of allowances pursuant to sections 15 and 17 of this Act in relation to pensionable officers who ceased to hold office on or before the 31st day of December, 1967, subject to the provisos

(i) that, with effect from the said 1st day of January, any period added pursuant to paragraph (d) of subsection (2) of section 13 of this Act shall be disregarded, and

(ii) that the amount of the additional allowance payable pursuant to this subsection shall be reduced by one-quarter in any case where the provisions of subsection (11) of section 28 of this Act apply.

( c ) In this subsection "substantially continuous period" means two or more periods of temporary wholetime service as an officer of a local authority which were interrupted by a break or breaks of service, and for this purpose service of the following kinds shall not be regarded as breaks of service

— part-time or wholetime established or unestablished service in the civil service rendered after attaining the age of 16 years,

— as a wholetime servant of a local authority,

— with a body or bodies which are approved by the Minister either for the purposes of paragraph (f) of subsection (1) of this section, or paragraph (f) of subsection (1) of section 34 of this Act,

— with the Defence Forces,

— as a superintendent or assistant superintendent registrar of births, deaths and marriages or as a registrar of marriages,

— such other service as the Minister may specify,

subject to the proviso that any period shall not be reckonable which occurred before a break of service, or a number of such breaks, the duration of which was in the whole or in the aggregate,

(i) in case the officer ceased to hold office before the 16th day of February, 1973, more than three hundred and sixty five days, and

(ii) in case the officer ceased to hold office on or between the 16th day of February, 1973 and the 31st day of May, 1974, more than three years.

(6) ( a ) Where a person is a pensionable officer on a date on or after the 1st day of June, 1974, he shall be entitled to reckon as service,

(i) periods of wholetime service as a temporary officer of a local authority, and

(ii) periods of wholetime unestablished service in the civil service rendered after attaining the age of sixteen years,

being service which is not reckonable as service under subsection (5) of this section provided such periods were succeeded, whether immediately or not, by a period of service in a position service in which is capable of being reckoned under this Act.

( b ) The provisions of paragraph (a) of this subsection shall be applied for the purposes of determining with effect from the 1st day of June, 1974 the amount of allowances pursuant to sections 15 and 17 of this Act in relation to pensionable officers who ceased to hold office on or before the 31st day of May, 1974, subject to the provisos

(i) that, with effect from the said 1st day of June, any period added pursuant to paragraph (d) of subsection (2) of section 13 of this Act shall be disregarded, and

(ii) that the amount of the additional allowance payable pursuant to this subsection shall be reduced by one-quarter in any case where the provisions of subsection (11) of section 28 of this Act apply.

(7) ( a ) The provisions of paragraphs (j) and (k) of subsection (1) of this section shall be applied for the purpose of determining with effect from the 1st day of January, 1970 the amount of an allowance pursuant to sections 15 and 17 of this Act in relation to a pensionable officer who retired on or before the 31st day of December, 1969, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter where the provisions of subsection (11) of section 28 of this Act apply.

( b ) For the purposes of paragraphs (j) and (k) of subsection (1) of this section—

"the Act of 1923" means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923);

"the army nursing service" means the nursing service established under the Act of 1923;

"the Army" means the forces established under Part I of the Act of 1923;

"the Defence Forces" means the forces established under Part I and Part III of the Act of 1923;

"emergency military service" means any period during which a person described in paragraph (j) of subsection (1) of this section was a member (whether as an officer or a soldier) of the Defence Forces and which—

(I) falls within the period beginning on the 2nd day of September, 1939, and ending on the 31st day of October, 1946,

(II) is not a period in respect of which the person was not entitled to Army pay or, being an officer of the reserve or a man of the Reserve, was not on permanent service;

"the Reserve" has the meaning assigned to it by section 3 of the Act of 1923.

(8) Notwithstanding the provisions of section 63 (5) of the Mental Treatment Act, 1945 (No. 19 of 1945) a pensionable officer to whom the provisions of that section apply may elect to have the provisions of subsection (5) (a) or (6) (a) of this section applied to him in lieu of the provisions of the said section 63 (5).".

5 Amendment of section 13 of the Act of 1956.

5. (1) Section 13 of the Act of 1956 is hereby amended, with effect from the 22nd day of March, 1971, by the substitution of the following for paragraph (a) of subsection (2):

"( a ) (i) where the officer retires from an office to which, at the time of the retirement, the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926) applies because the qualifications of the office are professional, or

(ii) where the officer retires from an office of city or county manager, assistant city or county manager, chief executive officer or programme manager of a health board, or from the office of Personnel Officer, Dublin Corporation,".

(2) Section 13 of the Act of 1956 is hereby amended, with effect from the 1st day of January, 1968, by the substitution of the following for paragraph (c) of subsection (2):

"( c ) (i) where the officer retires from an office on account of an age limit and it had not been a condition of his appointment that he should retire at that age, or

(ii) where the officer retires from an office on account of an age limit and he has at his retirement served in a pensionable capacity in an office or offices under a local authority or local authorities continuously with service in a pensionable capacity in an office under a local authority in which it had not been a condition of his appointment that he should retire at that age,".

(3) Subsection (2) ( d ) of section 13 of the Act of 1956 shall not apply in relation to any period of service which is reckoned as service pursuant to subsection (5) (a) or (6) (a) of section 11 of that Act.

(4) Subsection (2) ( f ) of section 13 of the Act of 1956 shall not apply in relation to any period of service which is reckoned as service pursuant to subsection (2) (d) or paragraph (a) of subsection (3A) of section 11 of that Act.

6 Amendment of section 23 of the Act of 1956.

6. Section 23 of the Act of 1956 is hereby amended by the insertion of the following subsection after subsection (1):

"(1A) ( a ) An Officer or former officer who, pursuant to subsection (5) or (6) of section 11 of this Act, becomes entitled to reckon a period or periods of wholetime service as a temporary officer of a local authority shall contribute to such local authority for the purposes of the said subsections (5) and (6) of section 11 at the rate of two and a half per cent. of the aggregate salary and value of his emoluments, if any, which he received for so much of such period or periods, as occurred on or after the 1st day of April, 1948.

( b ) Where contributions are received by a local authority under paragraph (a) of this subsection and any amount so received is in respect of service under another local authority or local authorities the first mentioned local authority shall transfer such amount to the local authority or local authorities under which the service occurred.".

7 Amendment of section 24 of the Act of 1956.

7. (1) Subsection (5) of section 24 of the Act of 1956 shall not apply in a case where a pensionable officer of a local authority is removed from office for misconduct where he is immediately appointed to or employed in a position service in which is capable of being reckoned under that Act, the date of such appointment or employment not being earlier than the 1st day of January, 1968.

(2) Section 24 of the Act of 1956 is hereby amended, with effect from the 1st day of November, 1979, by the addition of the following subsection:

"(9) The local authority shall return the contributions to a former officer of the local authority who ceased to hold office to take up a position, other than as an officer or servant of any other local authority, service in which is capable of being reckoned under this Act, where he subsequently ceases to hold such position for any cause other than misconduct and does not accept another position service in which is capable of being reckoned under this Act and, under the superannuation conditions then applicable to him, he is not granted a return of such contributions or any lump sum, allowance or gratuity or is not given the benefit of any preserved lump sum, allowance or gratuity.".

8 Amendment of section 25 of the Act of 1956.

8. Subsection (1) of section 25 of the Act of 1956 shall apply with effect from the 1st day of January, 1976 as respects superannuation contributions returned to an officer under section 10 of the Asylum Officers' Superannuation Act, 1909 or to an officer under section 86 of the Mental Treatment Act, 1945 .

9 Amendment of section 27 of the Act of 1956.

9. (1) Section 27 of the Act of 1956 is hereby amended by the insertion of the following subsection after subsection (2):

"(2A) ( a ) Where a pensionable officer ceased to hold his office or died in office during the period beginning on the 1st day of October, 1982 and ending on the 31st day of December, 1982, and his salary at the date of cesser of office was one which was affected by paragraph 1 of the Proposals, his salary for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding subsection (2) of this section, be deemed to be the salary which would have been appropriate had payment of the third phase of the increase provided for in Clause 2 of the Public Service Pay Agreement not been postponed by the said paragraph 1 to the 1st day of January, 1983.

( b ) Where a pensionable officer ceased to hold his office or died in office and his salary at the date of cesser of office was one which was affected by paragraph 2 of the Proposals, or, had the Proposals been implemented on such date, his said salary would have been so affected, his salary for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding subsection (2) of this section, be deemed to be the salary which would have been appropriate had the revision of the Public Service Pay Agreement by the said paragraph 2 not taken place.

( c ) Where a pensionable officer ceased to hold his office or died in office and his salary at the date of cesser of office was one which was affected by paragraph 31 of the Proposals, or, had the Proposals been implemented on such date, his said salary would have been so affected, his salary for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding subsection (2) of this section, be deemed to be the salary which would have been appropriate if 40 per cent of the increase provided for in the relevant settlement, finding or offer had been payable from the effective date set out in such settlement, finding or offer.

( d ) In this subsection—

"the Proposals" means the proposals for amendment of the Public Service Pay Agreement which were accepted by the Public Services Committee of the Irish Congress of Trade Unions on the 10th day of November, 1982;

"the Public Service Pay Agreement" means the agreement on pay in the public service made in December, 1981, between the Minister for the Public Service and the Public Services Committee of the Irish Congress of Trade Unions.".

(2) Section 27 of the Act of 1956 is hereby amended by the addition to subsection (5) of the words "nor, in the case of an officer whose salary has changed during the relevant period by reason of his appointment to an office remunerated at a lower rate or salary than that which applied to his former office and who ceases to hold office on a date not earlier than the 1st day of June, 1976, of causing any allowance, lump sum or gratuity to be less than if determined by reference to his annual rate of salary at the date of cesser of office together with the annual average of his emoluments (if any) in respect of the relevant period.".

10 Amendment of section 30 of the Act of 1956.

10. (1) Section 30 of the Act of 1956 is hereby amended by the insertion of the following subsection:

"(2A) Where as respects a person who was not a pensionable servant of a local authority on the expiration of the local financial year ending on the 31st day of December, 1977, he had in that local financial year one hundred and thirty or more service days in relation to that local authority and any other local authority or local authorities, notwithstanding the provisions of subsection (2) of this section, that local authority shall enter his name in the register unless, within one month after the expiration of that local financial year, he gives notice in writing to that local authority that his name is not to be so entered.".

(2) Section 30 of the Act of 1956 is hereby amended by the addition of the following subsections:

"(6) ( a ) A local authority which on the expiration of the local financial year 1970/71 or a subsequent local financial year enters the name of a person in the register pursuant to subsection (2) of this section — not being the name of a person who gave notice in a previous local financial year to the local authority or to any other local authority that his name was not to be entered in or was to be removed from the register in accordance with subsection (2) of this section or subsection (1) (b) of section 31 of this Act — shall enter the name of such person in the register, from the commencement to the expiration of the local financial year in which he had the requisite number of service days to qualify him to have his name entered under the said subsection (2), unless within one month after the expiration of such local financial year he gives notice in writing to the local authority that his name is not to be so entered.

( b ) Where a local authority, on the expiration of the local financial year 1970/1971 or any subsequent local financial year, enters the name of a person in the register pursuant to subsection (2), not being a person to whom paragraph (a) of this subsection applies, his name shall be deemed to have been in the register of the local authority with which he first qualified to have his name entered pursuant to subsection (2), for the duration of the first local financial year in which he had the requisite number of service days to so qualify him, unless within one month of being notified that he may do so by the local authority he gives notice in writing to them that his name is not to be so deemed.

( c ) Where a local authority enters the name of a person in the register or deems the name of a person to have been entered in the register for the duration of a local financial year pursuant to paragraph (a) or (b) of this subsection and for part of such local financial year the person was a servant of any other local authority or local authorities the name of such person shall be deemed to have been in the register of such other local authority or local authorities during such local financial year.

(7) Where the name of a person who is a pensionable servant of a local authority on or after the 22nd day of March, 1971 was entered in the register of a local authority in accordance with subsection (2) of this section on the expiration of the local financial year 1969/1970 or any preceding local financial year, the provisions of subsection (6) of this section shall apply to him as respects the entry of his name or the deeming of his name to have been entered in the register maintained by a local authority from the commencement to the expiration of the first local financial year in which he had the requisite number of service days to qualify him to have his name entered under subsection (2) unless, within one month of being notified by the local authority of the amount of his liability for contributions as provided for in paragraph (b) of subsection (1A) of section 43 of this Act, he gives notice to the local authority in writing that his name is not to be so entered or deemed to be so entered.

(8) The provisions of subsection (7) of this section may be applied in the case of a pensionable servant of a local authority who ceased to hold his employment before the 22nd day of March, 1971 where its application would be of benefit to him in determining, with effect from the 1st day of January, 1968, or from the date of commencement of payment of the allowance, if later, the amount of any allowance payable to him under section 37 of this Act.".

11 Amendment of section 33 of the Act of 1956.

11. Section 33 of the Act of 1956 is hereby amended—

( a ) by the addition to paragraph (c) of the words "other than in a case where he is immediately appointed to or employed in a position service in which is capable of being reckoned under this Act, the date of such appointment or employment not being earlier than the 1st day of January, 1968,", and

( b ) by the addition to paragraph (d) of the following:

"unless

(i) in the case of a person who is a pensionable servant of a local authority on or after the 22nd day of March, 1971, the period occurs in the local financial year in which he had his last service day, or

(ii) in the case of a person who ceased to be a pensionable servant of a local authority before the 22nd day of March, 1971, the period occurs in the local financial year in which he had his last service day and the reckoning of such period is of benefit to him for the purpose of determining the amount of an allowance, with effect from the 1st day of January, 1968, or the date of commencement of payment of the allowance, if later, under sections 36 and 37 of this Act.".

12 Amendment of section 34 of the Act of 1956.

12. (1) Subsection (1) of section 34 is hereby amended by the insertion of the following paragraph after paragraph (e):

"( ee ) as respects a person who is a pensionable servant on or after the 1st day of November, 1977, service which is reckonable for the purposes of the Superannuation Acts, being service which is succeeded, either immediately or at a later date, by service as a pensionable servant or service as a pensionable officer of the local authority or any other local authority or by subsequent service in a position in which service for the purposes of those Acts is reckonable,".

(2) Subsection (1) of section 34 of the Act of 1956 is hereby amended by the addition of the following paragraph:

"( h ) as respects a person who is a pensionable servant on or after the 1st day of January, 1970, not more than two years' emergency military service, not being service referred to in paragraph (g), where for such period the person—

(i) held commissioned rank in the Defence Forces, or

(ii) was serving as a soldier in the Defence Forces, or

(iii) being an officer of the Reserve or a man of the Reserve was called out on permanent service in pursuance of section 221 of the Defence Forces (Temporary Provisions) Act, 1923 , subject to the proviso that a person shall not be entitled to reckon such service where he—

(I) having been appointed to commissioned rank in the Defence Forces, was—

( aa ) dismissed with ignominy from the Defence Forces, or

( bb ) dismissed from the Defence Forces by sentence of a court-martial, or

( cc ) dismissed under section 7 of the Defence Forces Act, 1937 , or

(II) having been serving as a soldier in the Defence Forces, was—

( aa ) discharged from the Defence Forces by sentence of a court-martial, or

( bb ) discharged from the Defence Forces for any of the following reasons, namely, misconduct, wilfully making a false statement on attestation or conviction by the civil power, or

( cc ) dismissed from the Defence Forces under the Emergency Powers (No. 362) Order, 1945, or under section 13 of the Defence Forces (Temporary Provisions) Act, 1946, or

(III) was a person to or in respect of whom any payment was made under the Defence Forces (Pensions) Scheme, 1937, as amended, or the Army Pensions Acts, 1923 to 1980, unless such payment is refunded or reduced as the Minister for the Environment may consider appropriate.".

(3) Section 34 of the Act of 1956 is hereby amended by the substitution in subsection (2) of the words "In paragraphs (a), (e) and (ee) of subsection (1)" for the words "In paragraph (a) and paragraph (e) of subsection (1)" and by the addition of the following subparagraph after subparagraph (ii):

"(iii) any period of employment under that or any other local authority in the local financial year from the commencement of which his name was entered in the register of a local authority or was deemed to have been in the register of that local authority or of any other local authority pursuant to subsection (6), (7) or (8) of section 30 of this Act.".

(4) Section 34 of the Act of 1956 is hereby amended by the substitution in subsection (4) of the words "In paragraphs (a), (e) and (ee) of subsection (1)" for the words "In paragraph (a) and paragraph (e) of subsection (1)".

(5) Section 34 of the Act of 1956 is hereby amended by the substitution in subsection (5) of the words "In paragraphs (b), (e) and (ee) of subsection (1)" for the words "In paragraph (b) and paragraph (e) of subsection (1)" and by the addition of the following paragraphs:

"(d) as respects a person who is a pensionable servant on or after the 1st day of January, 1968,

— which at any time before the commencement of this Part of this Act he was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him, not being service which he is entitled to reckon under paragraph (c), or

(e) as respects a pensionable servant who ceased to hold his employment on or before the 31st day of December, 1967,

— which at any time before the commencement of this Part of this Act he was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him, not being service which he is entitled to reckon under paragraph (c), for the purpose of determining with effect from the 1st day of January, 1968 the amount of an allowance under sections 36 and 37, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.".

(6) Section 34 of the Act of 1956 is hereby amended by the insertion of the following subsection after subsection (6):

"(6A) (a) Where as respects a person who is a pensionable servant on or after the 1st day of January, 1968 he had a period of service for the purposes of Part IV of the Act of 1925 or for the purposes of such Act passed before the Act of 1925 and relating to superannuation as may have applied to him, such person shall be entitled to reckon such period as service.

(b) The provisions of paragraph (a) of this sub-section shall apply for the purpose of determining with effect from the 1st day of January, 1968 the amount of an allowance under sections 36 and 37of the Act of 1956 in relation to pensionable servants who ceased to hold employment on or before the 31st day of December, 1967, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.".

(7) Section 34 of the Act of 1956 is hereby amended by the addition of the following subsections:

"(8) (a) Where a person is a pensionable servant on or after the 1st day of January, 1968 he shall be entitled to reckon as service,

(i) a continuous or substantially continuous period of wholetime service as a temporary officer of a local authority,

(ii) a period of wholetime unestablished service in the civil service rendered after attaining the age of sixteen years,

(iii) a period of service which is partly of the kind referred to at (i) and partly of the kind referred to at (ii) where such parts are immediately continuous with each other,

(iv) a period of service which is of the kind referred to at (i), (ii) or (iii) immediately followed by a period of service as a servant of a local authority,

where such periods were immediately succeeded by a period of service in a position service in which is capable of being reckoned under this Act.

(b) The provisions of paragraph (a) of this subsection shall be applied for the purpose of determining with effect from the 1st day of January, 1968, the amount of an allowance under sections 36 and 37 of this Act in relation to a pensionable servant who ceased to hold his employment on or before the 31st day of December, 1967, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.

(c) In this subsection "substantially continuous period" means two or more periods of temporary wholetime service as an officer of a local authority which were interrupted by a break or breaks of service, and for this purpose service of the following kinds shall not be regarded as breaks of service

— part-time or wholetime established or unestablished service in the civil service rendered after attaining the age of sixteen years,

— as a wholetime servant of a local authority,

— with a body or bodies which are approved by the Minister either for the purposes of paragraph (f) of subsection (1) of this section, or paragraph (f) of subsection (1) of section 11 of this Act,

— with the Defence Forces,

— as a superintendent or assistant superintendent registrar of births, deaths and marriages or as registrar of marriages,

— such other service as the Minister may specify,

subject to the proviso that any period shall not be reckonable which occurred before a break of service, or a number of such breaks, the duration of which was in the whole or in the aggregate,

(i) in case the servant ceased to hold employment before the 16th day of February, 1973, more than three hundred and sixty-five days, and

(ii) in case the servant ceased to hold employment between the 16th day of February, 1973 and the 31st day of May, 1974, more than three years.

(9) (a) Where a person is a pensionable servant on a date on or after the 1st day of June, 1974, he shall be entitled to reckon as service,

(i) periods of wholetime service as a temporary officer of a local authority, and

(ii) periods of wholetime unestablished service in the civil service rendered after attaining the age of 16 years,

being service which is not reckonable as service under subsection (8) of this section where such periods were succeeded, whether immediately or not, by service in a position service in which is capable of being reckoned under this Act.

(b) The provisions of paragraph (a) of this subsection shall be applied for the purpose of determining with effect from the 1st day of June, 1974, the amount of an allowance under sections 36 and 37 of this Act in relation to a pensionable servant who ceased to hold his employment on or before the 31st day of May, 1974, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.

(10) (a) The provisions of paragraph (h) of subsection (1) of this section shall be applied for the purpose of determining with effect from the 1st day of January, 1970 the amount of an allowance under sections 36 and 37 of this Act in relation to a pensionable servant who ceased to hold his employment on or before the 31st day of December, 1969, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.

(b) For the purposes of paragraph (h) of subsection (1) of this section—

"the Act of 1923" means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923);

"the army nursing service" means the nursing service established under the Act of 1923;

"the Defence Forces" means the forces established under Part I and Part III of the Act of 1923;

"emergency military service" means any period during which a person described in paragraph (h) of subsection (1) of this section was a member (whether as an officer or a soldier) of the Defence Forces and which—

(I) falls within the period beginning on the 2nd day of September, 1939, and ending on the 31st day of October, 1946,

(II) is not a period in respect of which the person was not entitled to Army pay or, being an officer of the Reserve or a man of the Reserve, was not on permanent service;

"the Reserve has the meaning assigned to it by section 3 of the Act of 1923.

(11) Notwithstanding the provisions of section 63 (5) of the Mental Treatment Act, 1945 (No. 19 of 1945) a pensionable servant to whom the provisions of that section apply may elect to have the provisions of subsection (8) (a) or (9) (a) of this section applied to him in lieu of the provisions of the said section 63 (5).".

13 Amendment of section 43 of the Act of 1956.

13. Section 43 of the Act of 1956 is hereby amended, with effect from the 1st day of January, 1968, by the insertion of the following subsection after subsection (1):

"(1A) (a) A servant or former servant of a local authority who, pursuant to subsection (8) or (9) of section 34 of this Act, becomes entitled to reckon a period or periods of wholetime service as a temporary officer of the local authority, or any other local authority, shall contribute to the local authority for the purpose of the said subsection (8) or (9) of section 34, at the rate of two and one-half per cent. of the aggregate salary and value of his emoluments, if any, which he received for so much of such period or periods, as occurred on or after the 1st day of April, 1948.

(b) (i) Contributions as provided for in subsection (1) shall be payable by a servant or former servant of a local authority in respect of service which he becomes entitled to reckon pursuant to subsection (6), (7) or (8) of section 30 and section 34 (2) (iii) of this Act in such manner as may be specified by the local authority, with the consent of the Minister.

(ii) Contributions as provided for in subsection (1) shall be payable by a servant or former servant of a local authority in respect of service which he is not precluded from reckoning under section 33 (d) (i) or (ii) of this Act.

(c) Where contributions are received by a local authority under this subsection and any amount so received is in respect of service under another local authority or local authorities the first-mentioned local authority shall transfer such amount to the local authority or local authorities under which the service occurred.".

14 Amendment of section 44 of the Act of 1956.

14. (1) Subsection (3) of section 44 of the Act of 1956 shall not apply in the case of a pensionable servant in relation to a period of service which he is not precluded from reckoning under subparagraphs (i) and (ii) or paragraph (d) of section 33 of this Act.

(2) Subsection (6) of section 44 of the Act of 1956 shall not apply in a case where a pensionable servant of a local authority is discharged for misconduct, where he is immediately appointed to or employed in a position service in which is capable of being reckoned under that Act, the date of such appointment or employment not being earlier than the 1st day of January, 1968.

(3) Section 44 of the Act of 1956 is hereby amended, with effect from the 1st day of January, 1968, by the addition of the following subsection:

"(10) Where a servant of a local authority, being a former pensionable servant who gave notice in writing to the local authority under paragraph (b) of subsection (1) of section 31 of this Act that his name was to be removed from the register, subsequently ceases to hold his employment with the local authority otherwise than on account of being discharged for misconduct, is not employed in another position service in which is capable of being reckoned under this Act or he dies, the local authority shall return to him, or in the case of death, to his legal personal representative, the contributions.".

15 Amendment of section 45 of the Act of 1956.

15. Subsection (1) of section 45 of the Act of 1956 shall apply with effect from the 1st day of January, 1976 as respects superannuation contributions returned to a servant under section 10 of the Asylum Officers' Superannuation Act, 1909 or to a servant under section 86 of the Mental Treatment Act, 1945 .

16 Amendment of section 47 of the Act of 1956.

16. (1) Section 47 of the Act of 1956 is hereby amended by the insertion of the following subsection after subsection (2):

"2 (A) (a) Where a pensionable servant ceased to hold his employment or died in his employment during the period beginning on the 1st day of October, 1982, and ending on the 31st day of December, 1982, and his rate of wages at the date of cesser of his employment was one which was affected by paragraph 1 of the Proposals, his rate of wages for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding subsection (2) of this section, be deemed to be the rate of wages which would have been appropriate had payment of the third phase in Clause 2 of the Public Service Pay Agreement not been postponed by the said paragraph 1 to the 1st day of January, 1983.

(b) Where a pensionable servant ceased to hold his employment or died in his employment and his rate of wages at the date of cesser of his employment was one which was affected by paragraph 2 of the Proposals, or had the Proposals been implemented on such date, his said rate of wages would have been so affected, his rate of wages for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding subsection (2) of this section, be deemed to be the rate of wages which would have been appropriate had the revision of the Public Service Pay Agreement by the said paragraph 2 not taken place.

(c) Where a pensionable servant ceased to hold his employment or died in his employment and his rate of wages at the date of cesser of his employment was one which was affected by paragraph 31 of the Proposals, or, had the Proposals been implemented on such date, his said rate of wages would have been so affected, his rate of wages for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding subsection (2) of this section, be deemed to be the rate of wages which would have been appropriate if 40 per cent of the increase provided for in the relevant settlement, finding or offer had been payable from the effective date set out in such settlement, finding or offer.

(d) In this subsection—

"the Proposals" means the proposals for amendment of the Public Service Pay Agreement which were accepted by the Public Services Committee of the Irish Congress of Trade Unions on the 10th day of November, 1982;

"the Public Service Pay Agreement" means the agreement on pay in the public service made in December, 1981, between the Minister for the Public Service and the Public Services Committee of the Irish Congress of Trade Unions.".

(2) Section 47 of the Act of 1956 is hereby amended by the addition to subsection (5) of the words "nor in the case of a servant whose rate of wages has changed during the relevant period by reason of his employment in a position remunerated at a lower rate than that which applied to his former employment and who ceases to hold his employment on a date not earlier than the 1st day of June, 1976, of causing any allowance, lump sum or gratuity to be less than if determined by reference to his weekly rate of wages at the expiration of the relevant period together with the weekly average of his emoluments (if any) in respect of that period.".

17 Amendment of section 61 of the Act of 1956.

17. Paragraph (e) of subsection (1) of section 61 shall have effect, from the 22nd day of March, 1971, as if the reference therein to one hundred pounds were a reference to five hundred pounds, or, from such date as may be fixed from time to time by the Minister for the Environment, were a reference to such sum as may be fixed for the purposes of the said section 61 by the Minister for the Environment with the consent of the Minister for the Public Service.

18 Amendment of the Regulations of 1956.

18. (1) The Local Government (Supperannuation) Act, 1956 (Addition to Service) Regulations, 1956 ( S.I. No. 79 of 1956 ) (hereinafter in this article referred to as the Regulations of 1956) are hereby amended, with effect from the 22nd day of March, 1971, as follows:

(a) by the insertion of the following paragraph in sub-article 6(1):

"(c) an office of city or county manager, assistant city or county manager, chief executive officer or programme manager of a health board or from the office of Personnel Officer, Dublin Corporation, and the date of the officer's appointment to such office or during a continuous period of service to any office referred to in this paragraph is not earlier than the 22nd day of March, 1971.".

(b) by the insertion after sub-article 6 (1) of the following sub-article:

"(1A) Where an officer retires from an office of city or county manager or assistant city or county manager, and the date of the officer's appointment to such office or during a continuous period of service to any office referred to in this sub-article is earlier than the 22nd day of March, 1971, the local authority may, subject to sub-article (2) of this article, add to his pensionable local service a period equivalent to one-half of the period referred to in sub-article (1).".

(c) by the substitution in sub-article 6 (2) of "A period added because of any of the circumstances referred to in this article shall" for "A period added because of either of the circumstances referred to in the preceding sub-article shall,",

(2) The addition to service provided for in paragraph (a) or (b), as appropriate, of article 8 of the Regulations of 1956 shall also apply

( a ) in the case of an officer who retires from an office on or after the 1st day of January, 1968 on account of an age limit where his service as a pensionable officer comes within the case referred to in section 13 (2) (c) (ii) of the Act of 1956, and

( b ) with effect from the 1st day of January, 1968, in the case of an officer who retired before that date, on account of an age limit, where his service as a pensionable officer comes within the case referred to in section 13 (2) (c) (ii) of the Act of 1956, for the purpose of increasing the amount of allowance payable to him pursuant to sections 16 and 17 of the Act of 1956, subject to the proviso that the amount of any additional allowance becoming so payable shall be reduced by one-quarter in any case where the provisions of section 28 (11) of the Act of 1956 apply.

(3) A period shall not be added pursuant to article 10 of the Regulations of 1956 in relation to any period of service which is reckoned as service pursuant to subsection (2) (d) or paragraph (a) of subsection (3A) of section 11 of the Act of 1956.

(4) A period shall not be added pursuant to article 11 in relation to any period of service which is reckoned as service pursuant to subsection (5) (a) or (6) (a) of section 11 of the Act of 1956.

19 Provisions in relation to the Act of 1948.

19. (1) ( a ) For the purpose of this article the terms

"local authority", "salary" and "emolument" shall have the same meanings as are assigned to them in the Act of 1948.

( b ) "the Act of 1923" means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923);

"the army nursing service" means the nursing service established under the Act of 1923;

"the Army" means the forces established under Part I of the Act of 1923;

"the Defence Forces" means the forces established under Part I and Part III of the Act of 1923;

"emergency military service" means any period during which a person described in paragraph (a) of sub-article (3) was a member (whether as an officer or a soldier) of the Defence Forces and which—

(I) falls within the period beginning on the 2nd day of September, 1939, and ending on the 31st day of October, 1946,

(II) is not a period in respect of which the person was not entitled to Army pay or, being an officer of the Reserve or a man of the Reserve, was not on permanent service;

"the Reserve" has the meaning assigned to it by section 3 of the Act of 1923.

( c ) The term "substantially continuous period" means two or more periods of temporary wholetime service as an officer of a local authority which were interrupted by a break or breaks of service, and for this purpose service of the following kinds shall not be regarded as breaks of service

— part-time or wholetime established or unestablished service in the civil service rendered after attaining the age of 16 years,

— as a wholetime servant of a local authority,

— with the Defence Forces,

— as a superintendent or assistant superintendent registrar of births, deaths and marriages or as a registrar of marriages,

— such other service as the Minister may specify,

subject to the proviso that any period shall not be reckonable which occurred before a break of service, or a number of such breaks, the duration of which was, in the whole or in the aggregate, more than three hundred and sixty-five days.

(2) For the purpose of determining, with effect from the 1st day of January, 1968, the amount of a person's allowance under sections 23 and 25 or sections 49 and 50 of the Act of 1948 he shall be entitled to reckon the following periods of service as service for the purposes of Part II or Part III of that Act—

( a ) Where such periods were immediately succeeded by service which is capable of being reckoned under the Act of 1948, and subject to the payment to his last employing local authority of contrubutions at the rate of two and one-half per cent. of the aggregate salary and value of his emoluments, if any, which he received for so much of such period as is service as an officer of a local authority and as occurred on or after the 1st day of April, 1948,

(i) a continuous or substantially continuous period of wholetime service as a temporary officer of a local authority,

(ii) a period of wholetime unestablished service in the civil service rendered after attaining the age of sixteen years,

(iii) a period of service which is partly of the kind referred to at (i) and partly of the kind referred to at (ii) where such parts are continuous with each other, and

( b ) a period of service which he had for the purposes of Part IV of the Act of 1925 or for the purposes of such Act passed before the Act of 1925 and relating to superannuation as may have applied to him,

subject in each case to the proviso that with effect from the first day of January, 1968 any period added under section 21 (2) of the Act of 1948, in respect of such period, shall be disregarded, and that, in the case of an allowance granted under section 49 of the Act of 1948, the amount of the additional allowance so payable shall be reduced by one-quarter.

(3) For the purpose of determining, with effect from the 1st day of January, 1970, the amount of a person's allowance under sections 23 and 25 or under sections 49 and 50 of the Act of 1948 he shall be entitled to reckon the following as service for the purposes of Part II or Part III of that Act—

( a ) not more than two years' emergency military service, where for such period such person

(i) held commissioned rank in the Defence Forces, or

(ii) was serving as a soldier in the Defence Forces, or

(iii) being an officer of the Reserve or a man of the Reserve was called out on permanent service in pursuance of section 221 of the Defence Forces (Temporary Provisions) Act, 1923 ,

subject to the proviso that a person shall not be entitled to reckon such service where he—

(I) having been appointed to commissioned rank in the Defence Forces, was—

( aa ) dismissed with ignominy from the Defence Forces, or

( bb ) dismissed from the Defence Forces by sentence of a court-martial, or

( cc ) dismissed under section 7 of the Defence Forces Act, 1937 , or

(II) having been serving as a soldier in the Defence Forces, was,

( aa ) discharged from the Defence Forces by sentence of a court martial, or

( bb ) discharged from the Defence Forces for any of the following reasons, namely, misconduct, wilfully making a false statement on attestation or conviction by the civil power, or

( cc ) dismissed from the Defence Forces under the Emergency Powers (No. 362) Order, 1945, or under section 13 of the Defence Forces (Temporary Provisions) Act, 1946, or

(III) was a person to or in respect of whom any payment wsa made under the Defence Forces (Pensions) Scheme, 1937, as amended, or the Army Pensions Acts, 1923 to 1980, unless such payment is refunded or reduced as the Minister for the Environment may consider appropriate;

( b ) not more than two year's service as a member of the Army nursing service during the period beginning on the 2nd day of September, 1939 and ending on the 31st day of October, 1946, subject to the proviso that such service shall not be reckonable—

(I) where pay as a member of the Army nursing service was not payable to the person,

(II) where the person was dismissed from the Army nursing service on the grounds of misconduct, or

(III) was a person to or in respect of whom any payment was made under the Defence Forces (Pensions) Scheme, 1937, as amended, or the Army Pensions Acts, 1923 to 1980, unless such payment is refunded or reduced as the Minister for the Environment may consider appropriate;

subject to the proviso that in the case of an allowance granted under section 49 of the Act of 1948, the amount of the additional allowance payable pursuant to this sub-article shall be reduced by one-quarter.

(4) For the purpose of determining, with effect from the 1st day of June, 1974, the amount of a person's allowance under sections 23 and 25 or sections 49 and 50 of the Act of 1948, he shall be entitled to reckon the following as service for the purposes of Part II or Part III of that Act—

( a ) periods of wholetime service as a temporary officer of a local authority, and

( b ) periods of wholetime unestablished service in the civil service rendered after attaining the age of sixteen years,

being service which is not reckonable as service pursuant to sub-article (1) of this article, provided such periods were succeeded, whether immediately or not, by a period of service in a position service in which is capable of being reckoned under the Act of 1948 and subject

(I) to the payment to his last employing local authority of contributions at the rate of two and one-half per cent. per cent of the aggregate salary and value of emoluments, if any, which he received for so much of such period as is service as an officer of a local authority and as occurred on or after the 1st day of April, 1948, and

(II) that, with effect from the said 1st day of June, 1974, any period added pursuant to section 21 (2) of the Act of 1948, in respect of such service shall be disregarded, and

(III) that, in the case of an allowance granted under section 49 of the Act of 1948, the amount of any additional allowance so payable, shall be reduced by one-quarter.

(5) ( a ) The provisions of section 56 (3) of the Act of 1948 shall apply to contributions paid under this article.

( b ) Where contributions are received by a local authority under this article and any amount so received is in respect of service under another local authority, the first mentioned local authority shall transfer such amount to the local authority under which the service occurred, unless there exists an agreement between them that neither of them shall make refunds to the other under section 66 of the Act of 1948, as amended by subsection (3) of section 71 of the Act of 1956.

(6) ( a ) The financial provisions of section 66 of the Act of 1948, as amended by subsection (3) of section 71 of the Act of 1956, shall apply in relation to any period of service under a local authority which is reckoned pursuant to sub-article (2) or (4) of this article by another local authority in the determination of a person's allowance.

( b ) Notwithstanding the provisions of section 71 (15) of the Act of 1956 the financial provisions of section 83 of the Act of 1948, as amended by subsection (15) of section 71 of the Act of 1956, shall apply in relation to any period of service in the civil service which is reckoned pursuant to sub-article (2) or (4) of this article by a local authority in the determination of a person's allowance, save that in default of an agreement with a local authority that no refunds under the section shall be made to that local authority, the Minister for Finance may determine what part or parts of the payment shall be borne by the State and thereupon the part or parts so determined may be refunded to the local authority out of moneys provided by the Oireachtas.

20 Provisions in relation to the Act 1945.

20. (1) For the purpose of this article—

"the Act of 1923" means the Defence Forces (Temporary Provisions) Act, 1923 ;

"the army nursing service" means the nursing service established under the Act of 1923 (No. 30 of 1923);

"the Army" means the forces established under Part I of the Act of 1923;

"the Defence Forces" means the forces established under Part I and Part III of the Act of 1923;

"emergency military service" means any period during which a person described in paragraph (a) of sub-article (2) of this article was a member (whether as an officer or a soldier) of the Defence Forces and which—

(I) falls within the period beginning on the 2nd day of September, 1939, and ending on the 31st day of October, 1946,

(II) is not a period in respect of which the person was not entitled to Army pay or, being an officer of the Reserve or a man of the Reserve, was not on permanent service;

"the Reserve" has the meaning assigned to it by section 3 of the Act of 1923.

(2) The following shall be aggregated and reckoned for the purposes of Part VIII of the Act of 1945 in the case of officers and servants serving on or after the 1st day of January, 1970 to whom that Part of that Act applies—

( a ) not more than two years' emergency military service, where for such period the person—

(i) held commissioned rank in the Defence Forces, or

(ii) was serving as a soldier in the Defence Forces, or

(iii) being an officer of the Reserve or a man of the Reserve was called out on permanent service in pursuance of section 221 of the Defence Forces (Temporary Provisions) Act, 1923 ,

subject to the proviso that a person shall not be entitled to reckon such service where he—

(I) having been appointed to commissioned rank in the Defence Forces, was—

( aa ) dismissed with ignominy from the Defence Forces, or

( bb ) dismissed from the Defence Forces by sentence of a court-martial, or

( cc ) dismissed under section 7 of the Defence Forces Act, 1937 , or

(II) having been serving as a soldier in the Defence Forces, was,

( aa ) discharged from the Defence Forces by sentence of a court-martial, or

( bb ) discharged from the Defence Forces for any of the following reasons, namely, misconduct, wilfully making a false statement on attestation or conviction by the civil power, or

( cc ) dismissed from the Defence Forces under the Emergency Powers (No. 362) Order, 1945, or under section 13 of the Defence Forces (Temporary Provisions) Act, 1946, or

(III) was a person to or in respect of whom any payment was made under the Defence Forces (Pensions) Scheme, 1937, as amended, or the Army Pensions Acts 1923 to 1980, unless such payment is refunded or reduced as the Minister for the Environment may consider appropriate;

( b ) not more than two years' service as a member of the Army nursing service during the period beginning on the 2nd day of September, 1939, and ending on the 31st day of October, 1946, subject to the proviso that such service shall not be reckonable

(I) where pay as a member of the Army nursing service was not payable to the person,

(II) where the person was dismissed from the Army nursing service on the grounds of misconduct, or

(III) where the person was a person to or in respect of whom any payment was made under the Defence Forces (Pensions) Scheme, 1937, as amended, or the Army Pensions Acts, 1923 to 1980, unless such payment is refunded or reduced as the Minister for the Environment may consider appropriate.

(3) Service as referred to in paragraphs (a) and (b) of sub-article (2) shall be aggregated and reckoned as service for the purpose of determining the amount of allowances under sections 66, 67, 68, 69, 71, 72, 77 and 78 of Part VIII of the Act of 1945 with effect from the 1st day of January, 1970.

(4) Section 78 of the Act of 1945 is hereby amended by the addition of the following subsections:

"(7) The provisions of this section shall apply, in the case of one or more than one dependent child under sixteen years of age of an officer or servant of a mental hospital authority who dies leaving a widow or widower

( a ) where such widow or widower dies subsequent to the officer or servant's death and not earlier than the 1st day of March, 1978, and

( b ) an allowance under this section would have been premissible if the officer or servant had been a widower or a widow when he died.

(8) An allowance under subsection (7) of this section shall commence from a date not earlier than the date the widow or widower of the officer or servant, as appropriate, dies.".

21 Provisions in relation to the Act 1925.

21. (1) ( a ) For the purpose of this article the term "local body" shall have the same meaning as is assigned to it in Part IV of the Act of 1925.

( b ) For the purposes of sub-article (2) of this article—

"the Act of 1923" means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923);

"the Army nursing service" means the nursing service established under the Act of 1923;

"the Army" means the forces established under Part I of the Act of 1923;

"the Defence Forces" means the forces established under Part I and Part III of the Act of 1923;

"emergency military service" means any period during which a person described in paragraph (a) of sub-article (3) was a member (whether as an officer or a soldier) of the Defence Forces and which—

(I) falls within the period beginning on the 2nd day of September, 1939, and ending on the 31st day of October, 1946,

(II) is not a period in respect of which the person was not entitled to Army pay or, being an officer of the Reserve or a man of the Reserve, was not on permanent service;

"the Reserve" has the meaning assigned to it by section 3 of the Act of 1923.

(c) For the purpose of sub-article (2) of this article the term "substantially continuous period" means two or more periods of temporary wholetime service as an officer of a local body which were interrupted by a break or breaks of service, and for this purpose service of the following kinds shall not be regarded as breaks of service

—part-time or wholetime established or unestablished service in the civil service rendered after attaining the age of sixteen years,

—as a wholetime employee of a local body,

—with the Defence Forces,

—as a superintendent or assistant superintendent registrar of births, deaths and marriages or as a registrar of marriages,

—such other service as the Minister may specify,

subject to the proviso that any period shall not be reckonable which occurred before a break of service, or a number of such breaks, the duration of which was, in the whole or in the aggregate, more than three hundred and sixty-five days.

(2) For the purpose of determining, with effect for the 1st day of January, 1968, the amount of a person's allowance under subsection (1) or (2) of section 44of theAct of 1925 he shall be entitled to reckon the following periods of service as service for the purposes of Part IV of that Act—

(a) where such periods were immediately succeeded by service which is capable of being reckoned under Part IV of the Act of 1925,

(i) a continuous or substantially continuous period of wholetime service as a temporary officer of a local body,

(ii) a period of wholetime unestablished service in the civil service rendered after attaining the age of sixteen years,

(iii) a period of service which is partly of the kind referred to at (i) and partly of the kind referred to at (ii) where such parts are continuous with each other, and

(b) a period of service which he would have been entitled to reckon under Part IV of the Act of 1925 or under such Act passed before the Act of 1925 and relating to superannuation as may have applied to him, if it had been continuous, and was at any time succeeded by a period of service in a position service in which is capable of being reckoned by him under Part IV of the Act of 1925,

subject in each case to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.

(3) For the purpose of determining, with effect from the 1st day of January, 1970, the amount of a person's allowance under subsection (1) or (2) of section 44 of the Act of 1925 he shall be entitled to reckon the following as service for the purposes of Part IV of that Act—:

(a) not more than two years' emergency military service, where for such period the person—

(i) held commissioned rank in the Defence Forces, or

(ii) was serving as a soldier in the Defence Forces, or

(iii) being an officer of the Reserve or a man of the Reserve was called out on permanent service in pursuance of section 221 of the Defence Forces (Temporary Provisions) Act, 1923 ,

subject to the proviso that a person shall not be entitled to reckon such service where he—

(I) having been appointed to commissioned rank in the Defence Forces, was—

(aa) dismissed with ignominy from the Defence Forces, or

(bb) dismissed from the Defence Forces by sentence of a court-martial, or

(cc) dismissed under section 7 of the Defence Forces Act, 1937 , or

(II) having been serving as a soldier in the Defence Forces, was,—

(aa) discharged from the Defence Forces by sentence of a court-martial, or

(bb) discharged from the Defence Forces for any of the following reasons, namely, misconduct, wilfully making a false statement on attestation or conviction by the civil power, or

(cc) dismissed from the Defence Forces under the Emergency Powers (No. 362) Order, 1945, or under section 13 of the Defence Forces (Temporary Provisions) Act, 1946, or

(III) was a person to or in respect of whom any payment was made under the Defence Forces (Pensions) Scheme, 1937, as amended, or the Army Pensions Acts, 1923 to 1980, unless such payment is refunded or reduced as the Minister for the Environment may consider appropriate;

(b) not more than two years' service as a member of the Army nursing service during the period beginning on the 2nd day of September, 1939 and ending on the 31st day of October, 1946, subject to the proviso that such service shall not be reckonable

(I) where pay as a member of the Army nursing service was not payable to the person,

(II) where the person was dismissed from the army nursing service on the grounds of misconduct, or

(III) where the person was a person to or in respect of whom any payment was made under the Defence Forces (Pensions) Scheme, 1937, as amended, or the Army Pensions Acts, 1923 to 1980, unless such payment is refunded or reduced as the Minister for the Environment may consider appropriate,

subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.

(4) For the purpose of determining, with effect from the 1st day of June, 1974, the amount of a person's allowance under section 44 of the Act of 1925 he shall be entitled to reckon the following as service for the purposes of Part IV of that Act—

(a) periods of wholetime service as a temporary officer of a local body, and

(b) periods of wholetime unestablished service in the civil service rendered after attaining the age of sixteen years,

being service which is not reckonable as service pursuant to sub-article 2 (a) of this article, provided such periods were succeeded, whether immediately or not, by a period of service in a position service in which is capable of being reckoned under Part IV of the Act of 1925, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.

(5) Notwithstanding the provisions of paragraph (b) of section 53 of the Act of 1925, the provisions of this article shall apply to an employee to whom an allowance was granted pursuant to the provisions of section 53 of that Act.

GIVEN under the Official Seal of the Minister for the Environment

this 2nd day of February, 1984.

LIAM KAVANAGH,

Minister for the Environment.

The Minister for the Public Service hereby consents to the making of these regulations.

GIVEN under the Official Seal of the Minister for the Public Service

on the 2nd day of February, 1984.

JOHN BOLAND,

Minister for the Public Service.

EXPLANATORY NOTE.

The effect of these Regulations is to amend and update the existing statutory superannuation provisions for the staffs of local authorities (including health boards and certain other bodies).