S.I. No. 33/1984 - Local Government (Superannuation Revision) Scheme, 1984.

S.I. No. 33 of 1984.

LOCAL GOVERNMENT (SUPERANNUATION REVISION) SCHEME, 1984.

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 the Public Service, hereby makes the following Scheme:

1 Short Title.

1. This Scheme may be cited as the Local Government (Superannuation Revision) Scheme, 1984.

2 Commencement.

2. This Scheme shall be deemed to have come into force on the 27th day of May, 1977.

3 Interpretation.

3. (1) In this Scheme:

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

"the appropriate Minister" means—

(a) in case the local authority in question are a vocational education committee, the Minister for Education, and

(b) in any other case, the Minister;

"benefit under the Act of 1956 or under this Scheme" means any allowance, lump sum, gratuity, preserved pension, preserved lump sum, preserved death gratuity or any return of contributions under the Act of 1956 or under this Scheme and includes any transfer of service as respects a position for superannuation purposes to a position service in which is capable of being reckoned under the said Act or Scheme;

"eligible employee" means—

(a) an employee of a local authority, not being a pensionable servant for the purposes of the Act of 1956, and not being a registered employee, who, on the expiration of any local financial year, with effect from and including the local financial year ending on the 31st day of December, 1978, has had in that local financial year one hundred and thirty or more service days in relation to the local authority or to that local authority and any other local authority, and who did not give notice in writing under section 30 (2) or section 31 (1) (b) of the Act of 1956 in the month of January, 1978, that his name was not to be entered in or was to be removed from the register of pensionable servants maintained by a local authority under section 30 of the Act of 1956, or

(b) a person who, on or after the 1st day of June, 1978 becomes an employee of a local authority who, immediately before becoming such employee, was a registered officer of the same or another local authority, a registered employee of such local authority or the holder of a position not under a local authority service in which is capable of being reckoned under this Scheme;

"eligible officer" means a permanent officer whose appointment as such was made on or after the 1st day of June, 1978 and who either

(a) devotes the whole of his time to the service of one or more than one local authority, or

(b) is required to be a registered medical practitioner;

"employee" means an employee who is appointed or employed, otherwise than as an independent contractor or as an officer, by a local authority;

"emolument" shall have the meaning assigned to it under the Act of 1956, as modified by clause 2 of Part I of the First Schedule to this Scheme;

"fully insured" means insured for all benefits under the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

"local authority" shall have the meaning assigned to it in section 1 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) and in addition shall include a board or body such as is referred to in section 2 (9) of that Act;

"mental hospital officer" means an officer whose duties relate wholly to the functions of a health board under the Mental Treatment Acts, 1945 to 1966 or the Health (Mental Services) Act, 1981 (No. 17 of 1981);

"mental hospital servant" means a servant whose duties relate wholly to the functions of a health board under the Mental Treatment Acts, 1945 to 1966 or the Health (Mental Services) Act, 1981 (No. 17 of 1981);

"minimum retiring age" means, in the case of an officer to whom the provisions of section 12 (2) of the Act of 1956 applies, or in the case of an employee to whom section 35 (2) of that Act applies, 55 years and in any other case, 60 years;

"the Minister" means the Minister for the Environment;

"officer" does not include a person holding any of the offices mentioned in section 17 of the Local Government Act, 1941 (No. 23 of 1941);

"pensionable local service", in the case of an officer, has the meaning assigned to it in section 12 of the Act of 1956, as modified by clause 2 of Part II of the First Schedule to this Scheme and, in the case of an employee, the meaning assigned to it in section 35 of the Act of 1956, as modified by clause 3 of Part III of the First Schedule to this Scheme together, in each case, with any period of service which is reckonable as service under this Scheme;

"personal weekly rate of old age contributory pension" means the old age (contributory) pension payable in the case of a person under eighty years at the rate set out in column (2) of Part I of the Second Schedule to the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

"the Regulations of 1956" means the Local Government (Superannuation) Act, 1956 (Addition to Service) Regulations, 1956 ( S.I. No. 79 of 1956 );

"the Register" means the Superannuation Revision Scheme Register maintained under article 4 of this Scheme;

"registered employee" means an employee whose name is entered in Part II of the Register;

"registered officer" means an officer whose name is entered in Part I of the Register;

"salary" shall have the meaning assigned to it under the Act of 1956, as modified by clause 1 of Part I of the First Schedule to this Scheme;

"service day" shall have the same meaning as is assigned to it under the Act of 1956;

"unfitness" means unfitness of an officer or employee for his office or employment, but does not include unfitness due to infirmity of mind or body or old age;

"wages" shall have the same meaning as is assigned to it under the Act of 1956.

(2) In this Scheme, any reference to an article or a Schedule which is not otherwise identified is a reference to an article or a Schedule of this Scheme.

(3) In this Scheme, any reference to a sub-article, paragraph, subparagraph, clause or sub-clause which is not otherwise identified is a reference to the sub-article, paragraph, subparagraph, clause or sub-clause of the provision (including a Schedule) in which the reference occurs.

(4) In this Scheme, references to provisions of the Social Welfare (Consolidation) Act, 1981 shall be construed, as respects matters arising before the coming into operation of that Act, as references to the corresponding provisions of the Social Welfare Acts 1952 to 1980 which were repealed and re-enacted in that Act.

4 Register.

4. (1) A local authority shall maintain a Superannuation Revision Scheme Register which shall have effect from the 27th day of May, 1977.

(2) Where a person becomes an eligible officer of a local authority, the local authority shall enter his name in Part I of the Register and shall notify him accordingly within one month.

(3) (a) Subject to paragraphs (b) and (c), where a person becomes an eligible employee of a local authority, the local authority shall enter his name in Part II of the Register and shall notify him accordingly within one month.

(b) Where the person becomes an eligible employee by virtue of paragraph (a) of the definition of eligible employee in article 3, the local authority shall make the entry with effect from the expiration of the appropriate local financial year.

(c) Where the person becomes an eligible employee by virtue of paragraph (b) of the definition of eligible employee in article 3, the local authority shall make the entry with effect from the date of his becoming an employee of the local authority.

(4) An officer of a local authority aggrieved by the refusal or failure by the local authority to enter his name in Part I of the Register may 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 of 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.

(5) A local authority shall keep the Register at all reasonable times at their principal office for inspection by their officers and employees and by either—

(a) in the case of the corporation of a borough, the members of the council of the borough, or

(b) in any other case, the members of the local authority.

(6) (a) Section 7 of the Act of 1956 shall not apply as respects an eligible officer.

(b) Section 30 of the Act of 1956 shall not apply as respects an eligible employee.

5 Removal from Register.

5. (1) A local authority shall remove from Part I of the Register the name of any person who ceases to be an eligible officer and shall notify him accordingly within one month.

(2) (a) Subject to paragraph (b), a local authority shall remove from Part II of the Register the name of a person who ceases to be an employee of the local authority.

(b) Notwithstanding paragraph (a), where it is the practice of a local authority to take from time to time any particular person into their employment as an employee after a period during which he is not so employed—

(i) the local authority shall not remove the name of such person from the Register on any particular occasion when he ceases to be so employed unless they have decided not to so employ him again or he dies and, so long as his name remains in the Register on account of this paragraph, he shall for the purposes of articles 10 and 11 of this Scheme and of section 36, section 39, section 40 and subsection (4) of section 44 of the Act of 1956 be regarded as not having ceased to be so employed,

(ii) where, during any particular period when such person is not so employed by the local authority, they decide not to so employ him again or he dies they shall remove his name from the Register and, for the purposes of articles 10 and 11 of this Scheme and of section 36, section 39, section 40 and subsection (4) of section 44 of the Act of 1956, he shall be regarded as having then ceased to hold his employment.

(3) (a) The removal of a name from either Part I or Part II of the Register may be effected by a note on the Register indicating that the name has been removed and the date of the removal and the reinstatement of a name in the Register may be effected by a note on the Register indicating that the name has been reinstated and the date of reinstatement.

(b) A person aggrieved by the removal of his name by a local authority from Part I of the Register may, within six months after the removal is notified to him, 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.

(4) Where a registered officer or a registered employee of a local authority ceases to hold office or employment under them, they shall so inform any other local authority under whom such officer or employee holds any office or employment.

6 Application and modification of the Act of 1956 and the Regulations of 1956 as respects registered officers and employees.

6. (1) The Act of 1956 shall not apply as respects registered officers of a local authority save that—

(a) Parts II, IV, V and VI of the Act of 1956, other than sections 7, 8, 9, 22, 29 and 50, shall apply in relation to registered officers as if they were pensionable officers of local authorities for the purposes of that Act subject to the modifications set out in the First Schedule and for this purpose section 2 of the Act of 1956 shall apply subject to the modifications set out in the First Schedule and in the said provisions the term "local authority" shall, unless the context otherwise requires, be construed as including a local authority within the meaning of this Scheme, and the term "pensionable local service" shall be construed as including any period of service which is reckonable as service under this Scheme,

(b) notwithstanding the provisions of paragraph (a), the provisions of paragraphs (e), (f) and (g) of section 7 (5) of the Act of 1956 shall apply in relation to a registered officer to whom such provisions applied immediately before he became such registered officer on the 27th day of May, 1977, so long as he continues to be a mental hospital officer,

(c) the Regulations of 1956, other than article 12, shall apply to registered officers as if they were pensionable officers of local authorities for the purposes of the Act of 1956 subject to the modifications set out in the Second Schedule.

(2) Subject to article 8, the Act of 1956 shall not apply as respects registered employees of a local authority save that—

(a) Parts III, IV, V and VI of the Act of 1956, other than sections 30, 31, 32, 42 and 49, shall apply in relation to registered employees as if they were pensionable servants of local authorities for the purposes of that Act subject to the modifications set out in the First Schedule and for this purpose section 2 of the Act of 1956 shall apply subject to the modifications set out in the First Schedule and in the said provisions the term "local authority" shall, unless the context otherwise requires, be construed as including a local authority within the meaning of this Scheme, and the term "pensionable local service" shall be construed as including any period of service which is reckonable as service under this Scheme,

(b) notwithstanding the provisions of paragraph (a), the provisions of paragraphs (e), (f) and (g) of section 30 (5) of the Act of 1956 shall apply to a registered employee to whom such provisions applied immediately before he became such registered employee on the 27th day of May, 1977, so long as he continues to be a mental hospital employee.

(3) In the application of Parts II, III, IV, V and VI of the Act of 1956 as respects a registered officer or a registered employee references to the Act of 1956 or to a part of that Act shall, save where the context otherwise requires, be construed as including references to this Scheme.

7 Disapplication of the Act of 1945 to registered officers and employees.

7. Part VIII of the Mental Treatment Act, 1945 , other than section 65 of that Act, shall not apply to a registered officer who is a mental hospital officer or to a registered employee who is a mental hospital employee save as provided for by articles 6 (1) (b), 6 (2) (b), 13 (3) and 14 (3).

8 Application of certain provisions to registered employees.

8. (1) The following provisions shall apply to registered employees:

(a) A registered employee of a local authority who, in relation to any local financial year prior to becoming so registered, gave notice in writing to a local authority—

(i) pursuant to subsection (2) of section 30 of the Act of 1956 that his name was not to be entered in the register of pensionable servants maintained by such local authority, or

(ii) pursuant to subsection (1) of section 31 of that Act that his name was to be removed from such register,

shall, (or his legal personal representative on his behalf, shall) be entitled to give notice in writing to such local authority that his service in any such year should be reckonable and thereupon such service shall become reckonable as service on payment of contributions in respect of such service to such local authority at the rate of 4% of the aggregate of his wages and the value of his emoluments, if any, for the period, together with an additional sum calculated on a basis determined by the Minister in respect of compound interest.

(2) (a) Notwithstanding the provisions of paragraph (d) of section 33 of the Act of 1956, a registered employee of a local authority shall be entitled to reckon as service a period of employment with the local authority or with any other local authority of less than two hundred service days in the local financial year 1976 or in any earlier local financial year or such a period during which he was not a pensionable servant provided that—

(i) in case he becomes a registered employee during the period commencing on the 27th day of May, 1977 and ending on the 31st day of December, 1980, he (or his legal personal representative on his behalf) gives notice in writing to the local authority before the 30th day of November, 1981 that his service days in any such period should be reckonable and thereupon such service days in any such period shall be reckonable as service, subject to payment of contributions as provided for in paragraph (b) following,

(ii) in case he becomes a registered employee on a date subsequent to the 31st day of December, 1980 he (or his legal personal representative on his behalf) gives such notice in writing to the local authority before the 30th day of November following the date on which he became such registered employee and thereupon such service days in any such period shall be reckonable as service, subject to payment of contributions as provided for in paragraph (b) following.

(b) The amount of the contribution referred to in paragraph (a) shall be four per cent. of the aggregate of his wages and the value of his emoluments, if any, in respect of so much of such service as occurred on or after the commencement, in relation to the local authority concerned, of Part III of the Local Government (Superannuation) Act, 1948 (No. 4 of 1948), or Part III of the Act of 1956, or of this Scheme, whichever is the earlier, or, where contributions were returned to him under subsection (4) of section 57 of the Local Government (Superannuation) Act, 1948 or subsection (3) of section 44 of the Act of 1956 in respect of any part of such period, the amount of the contributions returned to him in respect of such part.

(3) Paragraph (d) of section 33 and subsection (3) of section 44 of the Act of 1956 shall not apply to a registered employee.

(4) (a) (i) Where a person becomes a registered employee on or before the 31st day of December, 1982, and he (or his legal personal representative on his behalf) gives notice in writing to the local authority before the 30th day of November, 1983 that his service days of less than one hundred and thirty in the local financial year 1977 or in any subsequent local financial year during which he was not a registered employee should be reckonable, service days in any such period shall be reckonable as service, subject to payment of contributions as provided for in paragraph (b) following.

(ii) Where a person becomes a registered employee on a date subsequent to the 31st day of December, 1982 and he (or his legal personal representative on his behalf) gives such notice in writing to the local authority before the 30th day of November following the date on which he became such registered employee, service days in any such period shall be reckonable as service, subject to payment of contributions as provided for in paragraph (b) following.

(b) The amount of the contribution referred to in paragraph (a) shall be determined as that rate per cent. which applies to such employee pursuant to section 43 of the Act of 1956 (as modified by clause 10 of Part III of the First Schedule) of the aggregate of his wages and the value of his emoluments, if any, for the period.

(5) (a) A contribution under sub-article (2) (b) or (4) (b) shall be paid by means of weekly deductions from the employee's wages of not less than one per cent. of such wages and the value of emoluments (if any) from—

(i) in the case of an employee referred to in sub-article (2) (a) (i)—a date not later than the 1st day of January, 1982, and

(ii) in the case of an employee referred to in sub-article (4) (a) (i)—a date not later than the 1st day of January, 1984, and

(iii) in the case of an employee referred to in sub-article (2) (a) (ii) or (4) (a) (ii)—a date not later than the 1st day of January after the 30th day of November referred to in the said sub-article (2) (a) (ii) or (4) (a) (ii),

until the amount of the contribution has been paid.

(b) In case the employee ceases to be a registered employee of a local authority before the amount of the contribution under sub-article (2) (b) or (4) (b) has been paid the local authority may without prejudice to any other remedy recover the amount by retaining it out of any sums due by them to him or out of any lump sum, gratuity or allowance or preserved lump sum, preserved gratuity or preserved pension payable by them to, or in respect of, him, save that in the case of a preserved lump sum, preserved gratuity or preserved pension, the amount owing shall be determined as that percentage of the weekly rate of wages and the weekly value of emoluments (if any) of his employment multiplied by fifty-two, on which his preserved lump sum or preserved death gratuity is determined, which is equivalent to the percentage which the amount owing on the date he ceased to hold his employment represented in relation to his weekly rate of wages and the weekly value of his emoluments (if any) on his last service day multiplied by fifty-two.

(c) Contributions paid to a local authority under sub-article (2) or (4) which are in respect of service given to any other local authority shall be transferred by them to such other local authority unless an agreement has been made between them under section 58 of the Act of 1956.

(d) The provisions of section 43 (3) of the Act of 1956 shall apply in relation to contributions received under this article.

9 Added years for permanent infirmity for registered employees.

9. (a) Subject to paragraphs (b) and (c), where a registered employee of a local authority ceases to hold his employment because of permanent infirmity of mind or body, the local authority may add a period not exceeding ten years to his pensionable local service as follows for the purpose of determining the amount of lump sum and allowance which may be granted to him under section 37 of the Act of 1956,

(i) where his pensionable local service is not less than five and not more than ten years, the period which may be added shall be—

(I) a period equivalent to that pensionable local service or

(II) a period equivalent to the additional period of pensionable local service which the employee would have had if he had served in the period beginning on the date immediately following the date he ceased to be a registered employee and ending on his 65th birthday,

whichever is the less;

(ii) where his pensionable local service is not less than ten years, and not more than twenty years, the period which may be added shall be the more favourable of

(I) twenty years, less that pensionable local service, or a period equivalent to the additional period of pensionable local service which the employee would have had if he had served in the period beginning on the date immediately following the date he ceased to be a registered employee and ending on his 65th birthday, whichever is the less, or

(II) six and two-third years, or a period equivalent to the period of additional pensionable local service which the employee would have had if he had served in the period beginning on the date immediately following the date he ceased to be a registered employee and ending on the date he would have reached the minimum retiring age, whichever is the less;

(iii) where his pensionable local service is twenty years or more, the period which may be added shall be—

(I) six and two-third years, or

(II) a period equivalent to the period of additional pensionable local service which the employee would have had if he had served in the period beginning on the date immediately following the date he ceased to be a registered employee and ending on the date he would have reached the minimum retiring age,

whichever is the less.

(b) A period shall not be added pursuant to paragraph (a) in respect of retirement because of permanent infirmity of mind or body if the infirmity of the employee is caused by his own default.

(c) A period shall not be added pursuant to paragraph (a) in respect of retirement because of permanent infirmity of mind or body unless the local authority concerned are satisfied that the infirmity is permanent and is such as to prevent the employee from discharging his duties with reasonable efficiency and unless the employee gives to the local authority a certificate of a medical practitioner specifying the nature of the infirmity, the extent to which the employee is incapacitated and stating the opinion of the medical practitioner as to the permanency of the incapacity.

10 Marriage Gratuities Officers and Employees.

10. (1) Where a female registered officer or a female registered employee resigns from office or employment with a local authority and

(a) she became such an officer or employee before the 1st day of June, 1978,

(b) she continued to be such an officer or such an employee from the 1st day of June, 1978 to the date her resignation had effect,

(c) she has not less than five years of pensionable local service,

(d) she does not accept any other position service in which is capable of being reckoned under this Scheme,

(e) she produces, within three months of her resignation or such longer period as the local authority may allow in the circumstances of the particular case, to the local authority a certificate of her marriage,

(f) in the case of her marriage on or before the 31st day of May, 1976—her resignation occurs on or before the 30th day of June, 1978, or, in the event of her not having five years of pensionable local service by the said 30th day of June, 1978, on the date, not later than the 30th day of November, 1979, on which she has five years of pensionable local service,

(g) in the case of her marriage on or after the 1st day of June, 1976, and not later than the 30th day of November, 1977—her resignation occurs on or before the 30th day of June, 1978, or not later than two years from the date of her marriage, whichever is the later, or, in the event of her not having five years of pensionable local service on the 30th day of June, 1978 or at the expiration of two years from the date of her marriage, on the date, not later than the 30th day of November, 1979, on which she has five years of pensionable local service,

(h) in the case of her marriage on or after the 1st day of December, 1977—her resignation occurs not later than two years from the date of her marriage,

the following provisions shall have effect:

(I) if the local authority are of opinion that she has served with diligence and fidelity and to their satisfaction, the local authority shall grant to her a gratuity of an amount equal

(A) as respects an officer, to one-twelfth of her pensionable remuneration, multiplied by the number of years in her pensionable local service, including where pensionable local service comprises days in addition to a number of whole years, the fraction of a year represented by A/365, where A is the number of days involved, or her pensionable remuneration, whichever is the less, and

(B) as respects an employee, to her pensionable remuneration multiplied by four and one-third multiplied by her pensionable local service, or her pensionable remuneration multiplied by fifty-two, whichever is the less;

(II) if the local authority, although not being of opinion that she has served in her office or employment with diligence and fidelity and to their satisfaction, nevertheless decide that, in the special circumstances of the case she should be granted a reduced gratuity, they shall grant to her a gratuity of an amount equal to the amount that would be appropriate under clause (I) reduced to such extent, not less than fifty per cent., as they consider proper;

(III) notwithstanding the provisions of clauses (I) and (II), where a female officer or employee referred to in paragraph (f) had five years of pensionable local service on the 31st day of May, 1978, or, on a date during the month of June, 1978, the amount of the gratuity which may be granted to her shall be determined by reference to her pensionable remuneration and pensionable local service on the 31st day of May, 1978, or, where she first attained five years of pensionable local service between that date and the 30th day of June, 1978, on the day on which she so attained such five years of pensionable local service, and any contributions paid by her pursuant to section 23 or section 43 of the Act of 1956 subsequent to such date shall be returned to her;

(IV) notwithstanding the provisions of clauses (I) and (II), where a female officer or employee referred to in paragraph (g) had five years of pensionable local service on a date before the 30th day of June, 1978 and the period of two years from the date of her marriage expired on a date during the said month of June, 1978, the amount of the gratuity which may be granted to her shall be determined by reference to her pensionable local service as at the later of the said two dates, and any contributions paid by her pursuant to section 23 or section 43 of the Act of 1956 subsequent to such later date shall be returned to her.

(2) Where a female person became a registered officer or employee of a local authority on or after the 1st day of June, 1978, the provisions of sub-article (1) in relation to the grant of a gratuity shall, notwithstanding paragraphs (a) and (b) of that sub-article, apply to her provided that immediately before she became such registered officer or registered employee she had a continuous period of wholetime service in a position service in which is capable of being reckoned under the Act of 1956 or under this Scheme and that for the whole or part of such period she was a person to whom a superannuation scheme, which included entitlement to a marriage gratuity, applied.

(3) A marriage gratuity shall not be granted to a female registered officer or a female registered employee who was already married before becoming such registered officer or such registered employee unless the marriage took place during a period of wholetime service which is capable of being reckoned under this Scheme.

(4) A female registered officer or a female registered employee of a local authority to whom a gratuity may be granted under this article may apply in writing to the local authority to opt for preserved superannuation benefits under article 11 in lieu of the said gratuity.

11 Preserved Benefits Officers and Employees.

11. (1) Where a registered officer or a registered employee of a local authority having at least five years' pensionable local service has ceased to hold his office or employment other than—

(a) in such circumstances that benefit under the Act of 1956 or under this Scheme, other than a benefit under this article, arises, or

(b) on removal from office for misconduct or unfitness or on being discharged from his employment for misconduct or unfitness

and the local authority either are of opinion that in general he has served in his office or in his employment with diligence and fidelity and to their satisfaction, or not being of that opinion they nevertheless decide that, in the special circumstances of his case, he should be granted a reduced preserved pension and reduced preserved lump sum, or if he dies before being granted such pension and lump sum, a preserved death gratuity, they shall, on application by him, grant a preserved pension and preserved lump sum to him, with effect from the date on which he attains sixty years of age, or, if he dies before attaining that age, they shall grant a preserved death gratuity to his legal personal representative on application by the legal personal representative.

(2) (a) Notwithstanding the provisions of section 23 (2) or 43 (2) of the Act of 1956, where a registered officer or a registered employee of a local authority ceases to hold office or employment with entitlement to a preserved lump sum and pension or to a preserved death gratuity, the local authority shall notify him, in writing, of the amount of any contributions outstanding under this Scheme or the Act of 1956 and unless such contributions are paid to the local authority within twelve months of such notice, they shall fall to be recovered, in due course, from the preserved lump sum and pension or preserved death gratuity arising under sub-article (1).

(b) Where contributions fall to be recovered from a preserved lump sum and pension or from a preserved death gratuity pursuant to paragraph (a), the amount of such contributions shall be increased to the amount equivalent to what they would be if the aggregate salary or wages and emoluments, if any, of each office and employment in respect of which the contributions are payable, was increased by reference to the rate of salary or wages and emoluments, if any, applicable to each such office or employment on the last effective date of increases under the Pensions (Increase) Act, 1964 , prior to

(i) in case he is awarded a preserved lump sum and pension—the date he attains sixty years of age, or

(ii) in case he is awarded a preserved death gratuity—the date of his death.

(3) (a) (i) Subject to subparagraph (ii), a preserved pension may not exceed one-eightieth of the equivalent, at the last effective date of increases under regulations made under the Pensions (Increase) Act, 1964 , prior to the date on which the applicant attains sixty years of age, of

(I) as respects an officer, his pensionable remuneration at the date of cesser of office multiplied by the number of years of his pensionable local service, including where pensionable local service comprises days in addition to a number of whole years, the fraction of a year represented by A/365, where A is the number of days involved, or by forty years, whichever is the less, or

(II) as respects an employee, his pensionable remuneration on his last service day multiplied by fifty-two, multiplied by his pensionable local service, or by forty years, whichever is the less.

(ii) As respects a registered employee who is fully insured, the preserved pension in respect of that part of his pensionable local service which was given on or after the 27th day of May, 1977 shall be calculated on the amount by which his pensionable remuneration for the purposes of subparagraph (i) exceeds twice the personal weekly rate of old age contributory pension applicable on the relevant last effective date of increases under regulations made under the Pensions (Increase) Act, 1964 , referred to in the said subparagraph (i).

(b) A preserved lump sum may not exceed three-eightieths of the equivalent, at the last effective date of increases under such regulations prior to the date on which the applicant attains sixty years of age, of

(i) as respects an officer, his pensionable remuneration at the date of cesser of office, multiplied by the number of years of his pensionable local service, including where pensionable local service comprises days in addition to a number of whole years, the fraction of a year represented by A/365, where A is the number of days involved, or by forty years, whichever is the less, or

(ii) as respects an employee, his pensionable remuneration on his last service day multiplied by fifty-two, multiplied by his pensionable local service, or by forty years, whichever is the less.

(c) A preserved death gratuity may not exceed three-eightieths of the equivalent, at the last effective date of increases under such regulations prior to the date of the person's death, of

(i) as respects an officer, his pensionable remuneration at the date of cesser of office multiplied by the number of years of his pensionable local service, including where pensionable local service comprises days in addition to a number of whole years, the fraction of a year represented by A/365, where A is the number of days involved, or by forty years, whichever is the less, or

(ii) as respects an employee, his pensionable remuneration on his last service day multiplied by fifty-two, multiplied by his pensionable local service, or by forty years, whichever is the less.

(4) Where a local authority decide under sub-article (1) that a person shall be granted a reduced preserved pension and a reduced preserved lump sum, they shall reduce the amount of the preserved lump sum and the rate per annum of the preserved pension granted to him under sub-article (1) below the amount and rate that would be appropriate therefor under sub-articles (3) (a) and (3) (b) and to an extent not less than fifty per cent.

(5) Where a person who resigns with an entitlement to benefit under sub-article (1) subsequently, but before he attains sixty years of age, becomes a registered officer or a registered employee of a local authority, then on his becoming such registered officer or employee, as may be appropriate, his entitlement under this article shall cease.

(6) Where a person who resigns from a local authority with an entitlement to benefit under sub-article (1) subsequently, but before he attains sixty years of age, becomes employed in a position service in which is reckonable under the Act of 1956 or this Scheme, not being a person referred to in sub-article (5), he may apply to the local authority in writing to waive such entitlement and thereupon such entitlement shall be waived and the local authority shall not grant any benefit under this article to, or in respect of, him.

(7) The provisions of sections 55, 56, 57, 58, 60, 62, 64, 65 and 66 of the Act of 1956 shall apply in relation to a preserved lump sum, preserved pension and preserved gratuity as if they were respectively lump sums, allowances or gratuities under that Act.

12 Reckoning of part-time service.

12. (1) Subject to sub-articles (2) and (5), where a registered officer or a registered employee of a local authority had former part-time service as an officer or as an employee of that local authority or of any other local authority he shall, provided he ceased to be fully insured on becoming a pensionable officer or a pensionable servant for the purposes of the Act of 1956 or a registered officer or a registered employee, be entitled to reckon the part-time service as service, as follows:

(a) where the part-time service was given prior to the 27th day of May, 1977, it shall be reckoned as to one-half of comparable wholetime service, and

(b) where the part-time service was given on or after the 27th day of May, 1977, it shall be reckoned in the proportion which the hours worked bear to comparable wholetime service.

(2) (a) (i) Part-time service as a vocational school teacher shall be reckoned only in each school year where the officer or the employee had at least four hundred hours teaching service in that year, or

(ii) not having had a minimum of four hundred hours teaching service in a school year, in any week during such school year where he had at least ten hours teaching service in that week, and

(b) part-time service, other than as a vocational teacher, shall be reckoned only in any week where the officer or employee worked at least eighteen hours.

(3) Where a registered officer or a registered employee is entitled to reckon a period of part-time service as an officer of a local authority given on or after the 1st day of April, 1948, pursuant to sub-articles (1) and (2), a contribution shall be paid by him, or on his behalf, amounting to five per cent. of the aggregate salary and of the aggregate value of emoluments, if any, received by him in respect of such service or amounting to three per cent.—

(i) in the case of a registered officer to whom the provisions of section 23 (4) of the Act of 1956 apply by virtue of clause 9 of Part II of the First Schedule,

(ii) in the case of a registered employee to whom the provisions of section 43 (4) of the Act of 1956 apply by virtue of clause 10 of Part III of the First Schedule.

(4) Where a registered employee or a registered officer is entitled to reckon a period of part-time service as an employee of a local authority, pursuant to sub-articles (1) and (2), a contribution shall be paid by him, or on his behalf, in respect of so much of such service as occurred on or after the commencement, in relation to such local authority, of Part III of the Local Government (Superannuation) Act, 1948 (No. 4 of 1948), or Part III of the Act of 1956, or of this Scheme, whichever is the earlier, amounting to—

(a) in case he is an employee to whom the provisions of section 43 (4) of the Act of 1956 apply by virtue of clause 10 of Part III of the First Schedule, or an officer to whom the provisions of section 23 (4) of the Act of 1956 apply by virtue of clause 9 Part II of the First Schedule, three per cent. of the aggregate wages and of the aggregate value of the emoluments, if any, received by him in respect of such service, and

(b) in any other case—

(i) four per cent. of the aggregate wages and of the aggregate value of the emoluments, if any, received by him in respect of so much of such service as occurred before the 27th day of May, 1977, and

(ii) three and one-half per cent. of the amount by which the aggregate of his weekly wages and the weekly value of his emoluments, taken together, for so much of such period as occurred on or after the 27th day of May, 1977 exceed twice the aggregate of the personal weekly rate of old age contributory pension payable for such period together with one and one-half per cent. of the aggregate wages and of the aggregate value of emoluments, if any, received by him in respect of such period.

(5) The provisions of this article shall not apply as respects a period of part-time service given as a pensionable officer of a local authority for the purposes of the Act of 1956 or as a registered officer.

(6) For the purpose of this article 'school year' shall mean a year commencing on the 1st day of September and ending on the following 31st day of August.

(7) (a) The provisions of subsections (2) and (3) of section 23 and of subsections (2) and (3) of section 43 of the Act of 1956 shall apply in relation to contributions paid pursuant to sub-articles (3) and (4).

(b) Save where an agreement pursuant to section 58 of the Act of 1956 applies, where contributions for superannuation are received by a local authority under this article and any amount so received is in respect of service with another local authority, the first-mentioned local authority shall transfer such amount to such other local authority.

13 Transitional provisions—officers.

13. (1) (a) Where, at any time between the 27th day of May, 1977 and the 31st day of May, 1978, a person, being a pensionable officer of a local authority for the purposes of the Act of 1956, opted, in writing, before the 30th day of June, 1978, to the local authority to have the revised superannuation provisions of this Scheme applied to him the local authority shall transfer his name from the register of pensionable officers maintained by them under the provisions of section 7 of the Act of 1956 and shall enter his name in Part I of the Register and the entry shall have effect as if it had been made on the 27th day of May, 1977 or, on the date, not being after the 31st day of May, 1978, on which he became such pensionable officer.

(b) An option referred to in paragraph (a) exercised by the legal personal representative of a person shall be regarded as an exercise by that person.

(2) (a) Where a person, being a mental hospital officer on the 27th day of May, 1977, not being a pensionable officer of a local authority for the purposes of the Act of 1956 on account of an option which he exercised pursuant to subsection (5) (d) of section 7 of the Act of 1956 opted, in writing, before the 30th day of June, 1978, to the local authority to have the revised superannuation provisions of this Scheme applied to him, the local authority shall enter his name in Part I of the Register and the entry shall have effect as if it had been made on the 27th day of May, 1977.

(b) An option referred to in paragraph (a) exercised by the legal personal representative of a person shall be regarded as an exercise by that person.

(3) Where a mental hospital officer whose name is entered in Part I of the Register on account of an option referred to in sub-article (2) the following provisions shall have effect:

(a) where immediately before becoming so registered he was contributing under section 9 of the Asylum Officers' Superannuation Act, 1909 and was for the purposes of that Act an officer of the first class, the provisions of sections 77 , 78 and 79 of the Mental Treatment Act, 1945 , shall, notwithstanding paragraph (a) of subsection (2) of section 64 of that Act, apply to him and, for this purpose, his name shall be deemed to be entered in the register maintained under section 65 of that Act;

(b) where immediately before becoming so registered he was subject, by virtue of section 64 of the Mental Treatment Act, 1945 , to the Asylum Officers' Superannuation Act, 1909, he shall, on becoming so registered, cease to be subject to that Act;

(c) as respects a person other than a person to whom paragraph (b) applies

(I) none of the following sections, that is to say, sections 66 , 67 , 68 , 69 , 70 , 71 , 72 , 76 , 85 and 86 of the Mental Treatment Act, 1945 shall apply to him, and

(II) subsection (2) of section 63 and sections 77, 78 and 79 of the said Act shall not apply to him save as respects a continuous period as a mental hospital officer beginning not later than the 27th day of May, 1977;

(d) the provisions of paragraph (c) shall also apply as respects a person whose name is entered in Part I of the Register otherwise than on account of an option exercised by him pursuant to sub-article (2) provided the entry is made from the expiration of a continuous period of such person's being a mental hospital employee which began not later than the 27th day of May, 1977 and as from which date the person's name was entered in Part II of the Register on account of an option exercised by him pursuant to sub-article 14 (2).

14 Transitional provisions—employees.

14. (1) (a) Where, at any time between the 27th day of May, 1977 and the 31st day of May, 1978, a person, being a pensionable servant of a local authority for the purposes of the Act of 1956, (not being a person who gave notice in writing under section 31 (1) (b) of the Act of 1956 in the month of January, 1978 that his name was to be removed from the register of pensionable servants maintained by any local authority under section 30 of the said Act of 1956), opted, in writing, before the 28th day of September, 1979, to the local authority to have the revised superannuation provisions of this Scheme applied to him, the local authority shall transfer his name from the register of pensionable servants maintained by them under the provisions of section 30 of the Act of 1956 and shall enter his name in Part II of the Register and the entry shall have effect as if it had been made on the 27th day of May, 1977, or, the date, not being after the 31st day of May, 1978, on which he became such pensionable servant.

( b ) An option referred to in paragraph (a) exercised by the legal personal representative of a person shall be regarded as an exercise by that person.

(2) ( a ) Where a person, being a mental hospital employee on the 27th day of May, 1977, not being a pensionable servant of a local authority for the purposes of the Act of 1956 on account of an option which he exercised pursuant to subsection (5) (d) of section 30 of the Act of 1956, opted, in writing, before the 28th day of September, 1979, to the local authority to have the revised superannuation provisions of this Scheme applied to him, the local authority shall enter his name in Part II of the Register and the entry shall have effect as if it had been made on the 27th day of May, 1977.

( b ) An option referred to in paragraph (a) exercised by the legal personal representative of a person shall be regarded as an exercise by that person.

(3) Where a mental hospital employee whose name is entered in Part II of the Register on account of an option referred to in sub-article (2) the following provisions shall have effect:

( a ) where immediately before becoming so registered he was contributing under section 9 of the Asylum Officers' Superannuation Act, 1909 and was for the purposes of that Act a servant of the first class, the provisions of sections 77 , 78 and 79 of the Mental Treatment Act, 1945 shall, notwithstanding paragraph (a) of subsection (2) of section 64 of that Act, apply to him and, for this purpose, his name shall be deemed to be entered in the register maintained under section 65 of that Act;

( b ) where immediately before becoming so registered he was subject, by virtue of section 64 of the Mental Treatment Act, 1945 , to the Asylum Officers' Superannuation Act, 1909, he shall, on becoming so registered, cease to be subject to that Act;

( c ) as respects a person other than a person to whom paragraph (b) applies—

(I) none of the following sections, that is to say, sections 66 , 67 , 68 , 69 , 70 , 71 , 72 , 76 , 85 and 86 of the Mental Treatment Act, 1945 , shall apply to him, and

(II) subsection (2) of section 63 and sections 77, 78 and 79 of the said Act shall not apply to him save as respects a continuous period as a mental hospital employee beginning not later than the 27th day of May, 1977;

( d ) the provisions of paragraph (c) shall also apply as respects a person whose name is entered in Part II of the Register otherwise than on account of an option exercised by him pursuant to sub-article (2) provided the entry is made from the expiration of a continuous period of such person's being a mental hospital officer which began not later than the 27th day of May, 1977, and as from which date the person's name was entered in Part I of the Register on account of an option exercised by him pursuant to sub-article 13 (2).

15 Non-consultant hospital doctors.

15. (1) For the purposes of this article

"non-consultant hospital doctor" means a person who is appointed in a temporary capacity for a specified period to a wholetime office of intern, house officer or registrar in a hospital who for such period is either provisionally or fully registered as a medical practitioner;

"voluntary hospital" means a hospital which has adopted the Voluntary Hospitals' Superannuation Scheme, 1969.

(2) Notwithstanding the definition of 'eligible officer' in article 2, a local authority shall enter in Part I of the Register

( a ) the name of any person who is a non-consultant hospital doctor whose contract of service with them as such doctor commenced before the 1st day of October, 1979, unless before the 30th day of September, 1979, he notified the local authority in writing that he did not wish to have his name so entered, and

( b ) the name of any person appointed by them as a non-consultant hospital doctor whose contract of service as such with them commences on or after the 1st day of October, 1979, irrespective of whether in any previous contract of employment with the local authority or with any other local authority he notified such local authority that he did not wish to have his name so entered.

(3) A local authority who enters the name of a person in Part I of the Register, pursuant to this article, shall notify him accordingly, within one month.

(4) A local authority shall remove from Part I of the Register the name of any non-consultant hospital doctor who ceases to be employed by them as such save where he becomes employed by them as an eligible officer and shall notify him accordingly within one month.

(5) The provisions of subsections (5) and (6) of section 11 of the Act of 1956 shall not apply to a registered officer of a local authority in relation to wholetime service which he gave as a doctor to the local authority or any other local authority, where—

( a ) he is a registered officer by virtue of sub-article (2), or

( b ) not now being a registered officer by virtue of sub-article (2) he was at sometime previously—

(i) a registered officer by virtue of sub-article (2), or

(ii) a non-consultant hospital doctor who was pensionable under the Voluntary Hospitals' Superannuation Scheme, 1969, or

(iii) a non-consultant hospital doctor who was pensionable under the St. Laurence's Hospital Superannuation Scheme, or

(iv) eligible to become a registered officer by virtue of sub-article (2), or eligible as a non-consultant hospital doctor to become pensionable under the Voluntary Hospitals' Superannuation Scheme, 1969, or under the St. Laurence's Hospital Superannuation Scheme.

(6) ( a ) A registered officer of a local authority to whom sub-article (5) applies shall be entitled to reckon the following periods of service as service:

(i) wholetime service as a non-consultant hospital doctor with the local authority or any other local authority given before the 1st day of October, 1979,

(ii) wholetime service as a non-consultant hospital doctor in a voluntary hospital or in St. Laurence's Hospital given before the 1st day of July, 1979,

(iii) wholetime service given by an officer with a local authority hospital or with a voluntary hospital or with St. Laurence's Hospital which would have been service as a non-consultant hospital doctor had he been provisionally or fully registered as a medical practitioner for such period,

(iv) any other wholetime service as a doctor which he gave as a temporary officer to the local authority or any other local authority.

( b ) A contribution as set out in paragraph (c) following in respect of service which is reckonable under paragraph (a) shall be paid to the local authority by, or on behalf of, a registered officer of a local authority where contributions in respect of such service were not already paid to the local authority or to any other local authority or to a voluntary hospital or to St. Laurence's Hospital, or, having been so paid, were returned to him.

( c ) The contributions referred to in paragraph (b) shall, in respect of each office held during such service, be determined—

(i) in case the period of service being reckoned was given on or after the 1st day of January, 1969, at the rate of five per cent., and

(ii) in case the period of service being reckoned was given before the 1st day of January, 1969, at the rate of two and one-half per cent.,

of an amount corresponding to what the officer's annual rate of salary and annual value of emoluments, if any, would be on the date of payment of the contribution, if he held the office on such date, for each whole year he held such office and where he held such office for a part of a year, of such an amount as is proportionate to that part of a whole year.

(7) A contribution under paragraph (b) of sub-article (6) shall be paid—

( a ) by payment of amounts calculated in respect of one or more complete years, or

( b ) by payment of an amount calculated in respect of all the service in respect of which a contribution is payable or the balance of such service in respect of which contributions have not already been paid.

(8) ( a ) Contributions received by a local authority under paragraph (b) of sub-article (6) shall be retained by such local authority.

( b ) Agreements pursuant to sections 57 (7) and 58 of the Act of 1956 shall be deemed to apply between local authorities in relation to service which is reckoned pursuant to paragraph (a) of sub-article (6) and to contributions paid pursuant to paragraph (b) of that sub-article.

(9) The provisions of section 13 (2) (a) of the Act of 1956 and of article 6 of the Regulations of 1956 shall not apply to a registered officer who retires from office as a non-consultant hospital doctor.

FIRST SCHEDULE

Modifications to the Act of 1956.

PART I

1. The definition of "salary" in section 2 of the Act of 1956 shall, subject to section 26 of that Act, include—

( a ) allowances made to vocational teachers in respect of qualifications in accordance with the appropriate scales for the time being approved by the Minister for Education and the Minister for the Public Service, and

( b ) allowances in respect of the posts of Principal, Vice-Principal, Grade A and Grade B posts of responsibility made to a vocational teacher who ceases to be a registered officer on or after the 30th day of June, 1978, in accordance with the appropriate scales for the time being approved by the Minister for Education and the Minister for the Public Service.

2. The definition of "emolument" in section 2 of the Act of 1956 shall include allowances in the nature of pay, which are additional to salary or wages other than payments, expenses or allowances in kind of the kind specified in subsection (1) of section 26 or subsection (1) of section 46 of the Act of 1956.

PART II

Modifications relating to Part II of the Act of 1956.

1. Subsection (1) of section 10 of the Act of 1956 shall apply—

( a ) as if the following paragraph were substituted for paragraph (b):

"( b) (i) any period in respect of which he has already received a lump sum, an allowance or a gratuity under this or any other Act relating to superannuation or under any scheme relating to superannuation service for the purposes of which is capable of being reckoned under this Act, unless in the case of a gratuity having been entitled to repay such gratuity, he has done so, or

(ii) any period in respect of which he has already received a preserved pension or preserved lump sum under any scheme or Act relating to superannuation," and

( b ) as if the following paragraph were added:

"( g) (i) being a registered officer, within the meaning of the Local Government (Superannuation Revision) Scheme, 1984, for whose office the Minister is the appropriate Minister for the purposes of Part II of the Local Government Act, 1941 (No. 23 of 1941), any period in respect of which salary is paid to him by virtue of Rule (iv) of sub-article (1) of article 21 of the Local Government (Officers) Regulations, 1943 ( S.I. No. 161 of 1943 ), other than such a period which began before the 27th day of May, 1977,

(ii) being any other registered officer, within the meaning of the Local Government (Superannuation Revision) Scheme, 1984, any period in respect of which salary is paid to him by virtue of a provision corresponding to Rule (iv) of sub-article (1) of article 21 of the Local Government (Officers) Regulations, 1943 ( S.I. No. 161 of 1943 ), other than such a period which began before the 27th day of May, 1977.".

2. Subsection (2) of section 12 of the Act of 1956 shall apply as if the words "and one-half" were deleted.

3. ( a ) Subsection (1) of section 13 of the Act of 1956 shall not apply as respects a registered officer who is removed from office because of permanent infirmity of mind or body.

( b ) Paragraph (b) of subsection (2) of section 13 of the Act of 1956 shall apply as respects such officer as if the words "or is removed from office" were inserted before the words "because of permanent infirmity".

( c ) In the case of a registered officer who ceases to hold his office because of permanent infirmity of mind or body subsection (2) of section 13 shall apply as if the words "whose pensionable local service is five years or more" were substituted for the words "whose pensionable local service is ten years or more".

( d ) Paragraph (g) of subsection (2) of section 13 shall not apply to a registered officer.

4. Subsection (2) of section 15 shall apply as if the words "five years" were substituted for the words "twenty years" in paragraphs (a) (i) and (a) (ii) and for the words "ten years" in paragraphs (a) (iii), (b), (c), (d) and (e).

5. The following shall be substituted for paragraph (a) of subsection (1) of section 16:

"three-eightieths of his pensionable remuneration multiplied by the number of whole years in his service at the termination of his office, together with, where his service comprises days in addition to the number of whole years, the fraction of a year represented by A/365 where A is the number of days involved, or".

6. The following shall be substituted for paragraph (a) of section 17:

"an allowance at the rate per annum of one-eightieth of his pensionable remuneration multiplied by the number of whole years in his service at the termination of his office, together with, where his service comprises days in addition to the number of whole years, the fraction of a year represented by A/365 where A is the number of days involved, or".

7. Section 19 of the Act of 1956 shall apply—

( a ) as if the words "the number of whole years in his pensionable local service, together with, where pensionable local service comprises days in addition to the number of whole years, the fraction of a year represented by A/365 where A is the number of days involved" were substituted for the words "the number of whole years in his pensionable local service, any odd fraction of a whole year being disregarded," in subsection (1), and

( b ) as respects a registered officer, having not less than two years and less than five years of pensionable local service, and who ceased to hold his office on account of being incapable of performing his duties by reason of permanent infirmity of mind or body, as if the gratuity in the said subsection (1) were increased by an amount equal to three-eightieths of his pensionable remuneration multiplied by the number of whole years in his pension able local service, together with, where pensionable local service comprises days in addition to the number of whole years, the fraction of a year represented by A/365 where A is the number of days involved, and

( c ) as if subsection (2) were deleted.

8. Section 20 of the Act of 1956 shall apply as if the following section were substituted for the said section:

"20. Where a registered officer of a local authority within the meaning of the Local Government (Superannuation Revision) Scheme, 1984 dies in office such local authority shall grant to his legal personal representative a gratuity of an amount equal to—

( a ) his pensionable remuneration, or

( b ) an amount equal to the lump sum which would be payable to him under section 16 of this Act, as modified by the said Local Government (Superannuation Revision) Scheme, 1984, if he had retired on the date of death because of permanent infirmity of mind or body,

whichever is the greater.".

9. (1) Subsection (1) of section 23 of the Act of 1956 shall apply as if the following words were added:

"nor in respect of a period which he is precluded from reckoning under clause 1 (b) of Part II of the First Schedule to the Local Government (Superannuation Revision) Scheme, 1984.".

(2) Subsection (4) (a) of section 23 of the Act of 1956 shall apply—

( a ) as respects a registered officer to whom immediately before the 27th day of May, 1977 that provision applied, so long as his service from the 27th day of May, 1977 as a registered officer of a local authority is continuous, and

( b ) as respects a registered officer whose name is entered in Part I of the Register on account of an option exercised by him pursuant to article 13 (2), so long as his service from the 27th day of May, 1977 as a registered officer of a local authority is continuous.

(3) Subsection (4) (b) of section 23 of the Act of 1956 shall apply—

( a ) as respects a registered officer to whom immediately before the 27th day of May, 1977 that provision applied, so long as his service from the 27th day of May, 1977 as a registered officer of a local authority is continuous, and

( b ) as respects a registered officer whose name is entered in Part I of the Register, otherwise than on account of an option exercised by him pursuant to article 13 (2), as from the expiration of a continuous period of the person's being a registered employee whose name was entered in Part II of the Register on account of an option exercised by him pursuant to article 14 (2), so long as his service as a registered officer of a local authority is continuous from the date of such entry of his name in Part I of the Register.

10. (1) Section 24 of the Act of 1956 shall apply—

( a ) as if the words "or under the Local Government (Superannuation Revision) Scheme, 1984" were added to subsection (1);

( b ) as if subsections (2) and (4) were deleted;

( c ) as if the words "five years" were substituted for the words "ten years", the words "or under the Local Government (Superannuation Revision) Scheme, 1984" were inserted before the words "and is not granted a gratuity," and the words "or section 22" were deleted from subsection (3).

(2) Subsections (6) and (7) of section 24 of the Act of 1956 shall apply to a local authority within the meaning of this Scheme.

11. ( a ) This clause shall apply as respects a person who, having received a return of contributions, becomes employed, on or after the 27th day of May, 1977, in a position service in which is capable of being reckoned under the Act of 1956 or under this Scheme, other than a former pensionable officer whose service in a pensionable capacity in such position is continuous with former service in a pensionable capacity in a position or positions service in which is capable of being reckoned under the Act of 1956 or under this Scheme and which commenced before the 27th day of May, 1977.

( b ) Section 25 of the Act of 1956 shall apply as respects a person to whom this clause applies with the modification—

(i) that the amount of the contributions to be repaid shall be increased by an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and

(ii) that the words "before the expiration of twelve months, or such longer period as the local authority in the circumstances of the particular case consider reasonable, after the subsequent appointment" were deleted from subsection (1), the words "before the expiration of twelve months, or such longer period as the local authority in the circumstances of the particular case consider reasonable, after becoming so employed," were deleted from subsection (2) and the words "before the expiration of such period as the local authority consider reasonable in the circumstances of the case" were deleted from subsection (3).

12. (1) Notwithstanding the provisions of paragraphs (a) and (b) of subsection (2) of section 27 of the Act of 1956, the pensionable remuneration under the said section 27 of a registered officer

( a ) who dies, or

( b ) who ceases to hold his office because of his having become incapable of performing his duties by reason of permanent infirmity of mind or body

shall be at the rate provided for in paragraph (a) of subsection (2) of the said section 27 where his pensionable remuneration would have been so determined if,

(i) in the case of (a) above, he had continued in office until he attained the age limit therefor, and

(ii) in the case of (b) above, he had continued in office until he attained the minimum retiring age therefor.

(2) As respects a registered officer, other than a registered officer to whom paragraph (a) of section 27 (2) of the Act of 1956 applies or to a registered officer to whom sub-clause (1) applies, the following provisions shall apply in substitution for the provisions of paragraph (b) of section 27 (2) of the Act of 1956:

The pensionable remuneration of the officer shall be the uprated annual average of his salary during the relevant period determined in accordance with the formula set out in the table hereto together with the annual average of his emoluments (if any) during that period.

TABLE

where

A is the number of days in the relevant period served in the position held by him at the commencement of that period,

B is the annual rate of salary which he would have had at the date of cesser of office if he had continued to hold the position held by him at the commencement of the relevant period,

C is the number of days in the relevant period served in the position which he held at the expiration of the relevant period,

D is the annual rate of salary at date of cesser of office,

N is 1095 days where the relevant period is three years and, in any other case, is the number of days in the relevant period,

provided that, if his position changed more than once during the relevant period the formula shall be modified by the insertion after the value (A/N x B), of the value, + (E/N x F), in respect of each such additional change, where in any value so inserted

E equals the number of days in the relevant period served in the additional position to which the value relates, and

F equals the annual rate of salary which he would have had at the date of cesser of office if he had continued to hold the additional position to which the value relates.

(3) Subsection (5) of section 27 of the Act of 1956 shall not apply to a registered officer.

13. (1) Where, immediately before he became a registered officer, the provisions of subsection (4), (5) or (9) of section 28 applied as respects a person such provisions shall continue so to apply.

(2) (i) No contributions under section 23 of the Act of 1956 shall be required during a continuous period of service after becoming a registered officer from a person who, immediately before he became a registered officer, was a person to whom subsection (6), (7) or (8) of section 28 of the Act of 1956 applied.

(ii) No contributions under section 23 of the Act of 1956 shall be required during a continuous period of service after becoming a registered officer from a person who, immediately before he became a registered officer, was then a person to whom clause 15 (2) (i) of Part III of this Schedule applied.

PART III

1. Section 33 of the Act of 1956 shall apply as if the following paragraph were substituted for paragraph (a):

"( a ) (i) any period in respect of which he has already received a lump sum, an allowance or a gratuity under this or any other Act relating to superannuation or under any scheme relating to superannuation service for the purposes of which is capable of being reckoned under this Act, unless, in the case of a gratuity, having been entitled to repay such gratuity, he has done so, or

(ii) any period in respect of which he has already received a preserved pension or preserved lump sum under any scheme or Act relating to superannuation,".

2. ( a ) Subsection (2) of section 34 of the Act of 1956 shall apply as respects a registered employee as if the following subparagraph were added:

"(iv) any period of employment under that or any other local authority of not less than 130 service days in the local financial year from the expiration of which his name was entered in Part II of the Superannuation Revision Scheme Register maintained under article 4 of the Local Government (Superannuation Revision) Scheme, 1984 pursuant to article 4 (3) (b) of that Scheme.".

( b ) Subsection (3) of section 34 of the Act of 1956 shall apply with effect from the 1st day of January, 1977 as if the words "two hundred and fifty" were substituted for the words "three hundred" in each place where they occur.

3. ( a ) The following shall be substituted for subsection (1) of section 35:

"35 (1) ( a ) For the purposes of this Act, the pensionable local service of a registered employee within the meaning of the Local Government (Superannuation Revision) Scheme, 1984 at any time shall be the period or the aggregate of the periods which under this Part of this Act or under the Local Government (Superannuation Revision) Scheme, 1984 he is entitled to reckon as service.

( b ) In aggregating periods of reckonable service for the purposes of paragraph (a) any fractions of years of such periods shall be represented as follows, where A is the number of days involved in each such period—

(i) where the period or periods of service was of service as a servant of a local authority given before the 1st day of January, 1977 — A/300;

(ii) where the period or periods of service was of service as an employee of a local authority within the meaning of the Local Government (Superannuation Revision) Scheme, 1984 given on or after the 1st day of January, 1977 — A/250;

(iii) where the period of aggregate or the periods was of service other than as such servant or as such employee — A/365.".

( b ) Subsection (2) of section 35 shall apply as if the words "and one-half" and "any odd fraction of a year being disregarded" were deleted.

4. ( a ) Subsection (1) of section 36 shall apply as if the words "a reduced lump sum and allowance" and "a lump sum and allowance" were substituted respectively for the words "a reduced allowance" and "an allowance".

( b ) Subsection (2) of section 36 shall apply as if the words "five years" were substituted for the words "twenty years" in paragraphs (a) (i) and (a) (ii) and for the words "ten years" in paragraphs (a) (iii) and (b).

5. Section 37 of the Act of 1956 shall apply as if the following section was substituted for the said section:

"37 (1) The lump sum to be granted to a registered employee within the meaning of the Local Government (Superannuation Revision) Scheme, 1984 under section 36 of this Act, on his ceasing to hold his employment, shall be either—

( a ) three-eightieths of his pensionable remuneration multiplied by fifty-two multiplied by his service, or

( b ) one and one-half times his pensionable remuneration multiplied by fifty-two,

whichever is the less.

(2) Subject to subsection (3), the allowance to be granted to a registered employee within the meaning of the Local Government (Superannuation Revision) Scheme, 1984 under section 36 of this Act, on his ceasing to hold his employment, shall be either—

( a ) an allowance at the rate per week of one-eightieth of his pensionable remuneration multiplied by his service, or

( b ) an allowance at the rate per week of one-half of his pensionable remuneration,

whichever is the less.

(3) The allowance in respect of that part of his service which is,

( a ) pensionable local service which was given on or after the 27th day of May, 1977, or

( b ) a period added to his pensionable local service pursuant to article 9 of the Local Government (Superannuation Revision) Scheme, 1984,

to be granted to a registered employee under subsection (2) of this section shall, in the case of an employee who is fully insured, be calculated by reference to the amount by which his pensionable remuneration exceeds twice the personal weekly rate of old age contributory pension payable on his last service day.

(4) ( a ) Where a registered employee of a local authority within the meaning of the Local Government (Superannuation Revision) Scheme, 1984 who is fully insured ceases to hold his employment,

(i) because of having become incapable of performing his duties by reason of permanent infirmity of mind or body, or

(ii) on or after attaining the age of 60 years,

with entitlement to an allowance under subsection (2) of this section, reduced as provided for in subsection (3) of this section, the local authority may pay him a supplementary weekly allowance the amount of which shall not be greater than the amount by which the allowance which would have been payable to him under the said subsection (2) if the reduction provided for in subsection (3) of this section had not applied to him, exceeds the allowance payable to him pursuant to subsections (2) and (3) of this section together with the reduced personal rate, if any, of disability benefit, old age contributory pension, retirement pension or unemployment benefit for the time being payable to him.

( b ) The supplementary allowance referred to in paragraph (a) shall be payable in respect of any period or periods after cesser of employment by a registered employee during which he

(i) fails to qualify for invalidity pension, unemployment benefit, disability benefit, retirement pension or old age contributory pension where such failure is not due to his age or to causes within his own control, or

(ii) qualifies for the reduced personal rate of unemployment benefit, disability benefit, retirement pension or old age contributory pension due to causes outside his own control.

(5) The 'service' of a registered employee for the purposes of this section shall be his pensionable local service under section 35 of this Act, as modified by the Local Government (Superannuation Revision) Scheme, 1984, together with any period which may be added to such pensionable local service under article 9 of the said Scheme.

(6) In this section—

"disability benefit" means the Disability Benefit provided for in Part II of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

"fully insured" means insured for all benefits under the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

"invalidity pension" means the Invalidity Pension provided for in Part II of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

"old age contributory pension" means the Old Age (Contributory) Pension payable under Part II of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

"personal rate", in relation to disability benefit, invalidity pension, old age contributory pension or retirement pension, means the rate of disability benefit, invalidity pension, old age contributory pension or retirement pension payable to a single person over eighteen and under eighty years, under column (2) of Part I of the Second Schedule to the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and in relation to unemployment benefit, the rate of unemployment benefit payable to such single person under column (2) of Part I of such Second Schedule opposite reference 1 (A) in column (1);

"reduced personal rate" of disability benefit, old age contributory pension, retirement pension or unemployment benefit in relation to a person means the rate of disability benefit, old age contributory pension, retirement pension or unemployment benefit payable to such person exclusive of any increases for adult dependant, children, relatives, living alone allowance or, in the case of the old age contributory pension and retirement pension, exclusive of the increases where he is eighty years or more, being less than the personal rate of such pension or benefit;

"retirement pension" means the Retirement Pension provided for in Part II of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

"unemployment benefit" means the Unemployment Benefit provided for in Part II of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981).".

6. Section 38 of the Act of 1956 shall apply as respects a registered employee as if the words "lump sum and" were inserted before the word "allowance" in both places where that word occurs.

7. The provisions of section 39 of the Act of 1956 shall apply as if the following section were substituted for the said section:

"39 (1) Subject to subsection (2) of this section, where a registered employee of a local authority within the meaning of the Local Government (Superannuation Revision) Scheme, 1984, having not less than one year and less than five years of pensionable local service, ceases to hold his employment on account of being incapable of performing his duties by reason of permanent infirmity of mind or body, the local authority shall grant to him a gratuity of such amount, not exceeding his pensionable remuneration multiplied by four and one-third multiplied by his pensionable local service, as they consider proper.

(2) The gratuity under subsection (1) of this section shall be increased, as respects a registered employee whose pensionable local service at date of cesser of employment is not less than two years and less than five years, by the addition of an amount equal to three-eightieths of his pensionable remuneration multiplied by fifty-two, multiplied by his pensionable local service at such cesser.".

8. The provisions of section 40 of the Act of 1956 shall apply as if the following section were substituted for the said section:

"40 Where a registered employee of a local authority within the meaning of the Local Government (Superannuation Revision) Scheme, 1984 dies in his employment the body shall grant to his legal personal representative a gratuity of an amount equal to—

( a ) his pensionable remuneration multiplied by fifty-two, or

( b ) an amount equal to the lump sum which would be payable to him under section 37 (1) of this Act, as inserted by the Local Government (Superannuation Revision) Scheme, 1984, if he had retired on the date of death by reason of permanent infirmity of mind or body,

whichever is the greater.".

9. Section 41 shall apply as if the words "a lump sum and allowance" were substituted for the words "an allowance" and the words "the lump sum and allowance" for the words "the allowance".

10. (1) Subsection (1) of section 43 of the Act of 1956 shall apply as respects a registered employee—

( a ) who is not fully insured, and

( b ) who is not an employee to whom subsection (4) of section 43 applies,

as if the rate of contribution therein specified were five per cent.

(2) Subsection (1) of section 43 of the Act of 1956 shall apply as respects a registered employee—

( a ) who is fully insured, and

( b ) who is not an employee to whom subsection (4) of section 43 applies,

as if the rate of contribution therein specified were—

three and a half per cent. of the amount by which his weekly rate of wages and the weekly value of his emoluments, taken together, exceed twice the personal weekly rate of old age contributory pension, and

one and a half per cent. of his weekly rate of wages and the weekly value of his emoluments.

(3) Subsection (4) (a) of section 43 of the Act of 1956 shall apply as respects a registered employee who is not fully insured, and—

( a ) whose employment from the 27th day of May, 1977 as an employee of a local authority is continuous, and to whom immediately before the 27th day of May, 1977 that provision applied, or

( b ) whose name is entered in Part II of the Register on account of an option exercised by him pursuant to article 14 (2).

(4) Subsection (4) (a) of section 43 of the Act of 1956 shall apply as respects a registered employee as referred to in sub-article (3) but who is fully insured as if the rate of contribution therein specified were—

two per cent. of the amount by which his weekly rate of wages and the weekly value of his emoluments, taken together, exceed twice the personal weekly rate of old age contributory pension, and

one per cent. of his weekly rate of wages and the weekly value of his emoluments.

(5) Subsection (4) (b) of section 43 of the Act of 1956 shall apply as respects a registered employee who is not fully insured, and—

( a ) to whom, immediately before the 27th day of May, 1977, that provision applied, where his employment from the said 27th day of May, 1977 as an employee of a local authority is continuous, or

( b ) whose name is entered in Part II of the Register, otherwise than on account of an option exercised by him pursuant to article 14(2) as from the expiration of a continuous period of the person's being a registered officer whose name was entered in Part I of the Register on account of an option exercised by him pursuant to article 13(2), where his employment, from date of entry of his name in Part II of the Register, as an employee of a local authority is continuous.

(6) Subsection (4)(b) of section 43 of the Act of 1956 shall apply as respects a registered employee as referred to in sub-article (5) but who is fully insured as if the rate of contribution therein specified were—

two per cent. of the amount by which his weekly rate of wages and the weekly value of his emoluments, taken together, exceed twice the personal weekly rate of old age contributory pension, and

one per cent. of his weekly rate of wages and the weekly value of his emoluments.

(7) Section 43 of the Act of 1956 shall apply as respects a registered employee as if the following subsection were added:

"(5) Contributions in respect of a person who is entitled to reckon a period of service under paragraph (iv) of section 34(2) of the Act of 1956 shall be dealt with in accordance with the provisions of subsections (1), (2) and (3) of this section.".

11. (1) Section 44 of the Act of 1956 shall apply—

( a ) as if the words "or under the Local Government (Superannuation Revision) Scheme, 1984" were added to subsection (1),

( b ) as if subsections (2), (3) and (5) were deleted,

( c ) as if the following subsection was substituted for subsection (4):

"(4) Where a registered employee of a local authority, within the meaning of the Local Government (Superannuation Revision) Scheme, 1984, who has less than five years of pensionable local service ceases to be such registered employee, 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 under the said Scheme and is not granted a gratuity under section 39 of this Act, the body shall return to him the contributions.".

(2) Subsections (7) and (8) of section 44 of the Act of 1956 shall apply to a local authority within the meaning of the Local Government (Superannuation Revision) Scheme, 1984.

12. ( a ) This clause shall apply as respects a person who, having received a return of contributions, becomes employed, on or after the 27th day of May, 1977, in a position service in which is capable of being reckoned under the Act of 1956 or under this Scheme, other than a former pensionable servant whose employment in a pensionable capacity in such position is continuous with former service in a pensionable capacity in a position or positions service in which is capable of being reckoned under the Act of 1956 or under this Scheme and which commenced before the 27th day of May, 1977.

( b ) Section 45 of the Act of 1956 shall apply as respects a person to whom this clause applies with the modification—

(i) that the amount of the contribution to be repaid shall be increased by an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and

(ii) that the words "before the expiration of twelve months, or such longer period as the local authority in the circumstances of the particular case consider reasonable, after the subsequent appointment" were deleted from subsection (1), the words "before the expiration of twelve months, or such longer period as the local authority in the circumstances of the particular case consider reasonable, after becoming so employed" were deleted from subsection (2) and the words "before the expiration of such period as the local authority consider reasonable in the circumstances of the case" were deleted from subsection (3).

13. Subsection (1)(d) of section 46 of the Act of 1956 shall apply with effect from the 1st day of January, 1977 as if the words "five hundred" were substituted for "six hundred" and the words "one hundred and thirty" for "two hundred".

14. (1) Notwithstanding the provisions of paragraphs (a) and (b) of subsection (2) of section 47 of the Act of 1956, the pensionable remuneration under the said section 47 of a registered employee—

( a ) who dies, or

( b ) who ceases to hold his employment on account of his having become incapable of performing his duties by reason of permanent infirmity of mind or body,

shall be at the rate provided for in paragraph (a) of subsection (2) of the said section 47 where his pensionable remuneration would have been so determined if—

(i) in the case of (a) above, he had continued in employment until he attained the age of 65 years, and

(ii) in the case of (b) above, he had continued in employment until he attained the minimum retiring age therefor.

(2) As respects a registered employee, other than a registered employee to whom paragraph (a) of section 47(2) of the Act of 1956 applies or a registered employee to whom sub-clause (1) applies, the following provisions shall apply in substitution for the provisions of paragraph (b) of section 47(2) of the Act of 1956:

The pensionable remuneration of the employee shall be the uprated average weekly rate of wages applicable to his employment or employments during the relevant period determined in accordance with the formula set out in the table hereto together with the average weekly emoluments (if any) so applicable during that period.

TABLE

where—

A is the number of calendar days in the relevant period from the commencement of that period to the date his position changed,

B is the weekly rate of wages at the expiration of the relevant period which he would have had if he had continued to be employed in the position in which he was employed at the commencement of the relevant period,

C is the number of calendar days in the relevant period served in the position which he held at the expiration of the relevant period,

D is his weekly rate of wages at the expiration of the relevant period,

N is 1095 days where the relevant period is three years and, in any other case, is the number of calendar days in the relevant period,

provided that, if his position changed more than once during the relevant period, the formula shall be modified by the insertion after the value (A/N x B), of the value + (E/N x F), in respect of each such additional change, where in any value so inserted—

E equals the number of calendar days in the relevant period served in the additional position to which the value relates, and

F equals the weekly rate of wages at the expiration of the relevant period which he would have had if he had continued to be employed in the additional position to which the value relates.

(3) Subsection (5) of section 47 of the Act of 1956 shall not apply to a registered employee.

15. (1) The provisions of subsection (2) of section 48 of the Act of 1956 shall apply as respects a registered employee to whom, immediately before he became a registered employee, such provisions applied.

(2) (i) No contributions under section 43 of the Act of 1956 shall be required during a continuous period of service after becoming a registered employee from a person who, immediately before he became a registered employee, was a person to whom subsection (5) or (8) of section 48 of the Act of 1956 applied.

(ii) No contributions under section 43 of the Act of 1956 shall be required during a continuous period of service after becoming a registered employee from a person who, immediately before he became a registered employee, was then a person to whom clause 13(2)(i) of Part II of this Schedule applied.

PART IV

(Modifications relating to Parts IV and VI of the Act of 1956).

1. The provisions of section 53 of the Act of 1956 shall apply as if the words "together with, where service comprises days in addition to the number of whole years, the fraction of a year represented by A/365, where A is the number of days involved" were substituted for "(any odd fraction of a whole year being disregarded)".

2. Subsection 63(3)(b) of the Act of 1956 shall apply as if the words "or Part III" were inserted after the words "Part II" where those words first occur.

3. ( a ) This clause shall apply as respects a person who, having been granted a gratuity by a local authority, becomes employed, on or after the 27th day of May, 1977, in a position service in which is capable of being reckoned under the Act of 1956 or under this Scheme other than—

(i) as respects a person whose employment in a pensionable capacity in such position is continuous with former service in a pensionable capacity in a position or positions service in which is capable of being reckoned under the Act of 1956 or under this Scheme and which commenced before the 27th day of May, 1977, or

(ii) as respects the repayment of a marriage gratuity by a person whose husband died after she had ceased to hold the office or employment in respect of which the gratuity was granted and before the date of her subsequent appointment to a position in a pensionable capacity service in which is capable of being reckoned under the Act of 1956 or under this Scheme, during a continuous period of such service which is capable of being reckoned under the Act of 1956 or under this Scheme.

( b ) Section 70 of the Act of 1956 shall apply as respects a person to whom this clause applies with the modifications that—

(i) the amount of the gratuity to be returned shall be increased by an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and

(ii) that the words "before the expiration of twelve months, or such longer period as the local authority in the circumstances of the particular case consider reasonable, after the subsequent appointment," were deleted from subsection (1).

SECOND SCHEDULE

Modifications to the Local Government (Superannuation) Act, 1956 (Addition to Service) Regulations, 1956.

1. Article 7 of the Local Government (Superannuation) Act, 1956 (Addition to Service) Regulations, 1956 ( S.I. No. 79 of 1956 ) shall apply to registered officers as if the following sub-article were substituted for sub-article (1):

"(1) ( a ) Where a registered officer of a local authority within the meaning of the Local Government (Superannuation Revision) Scheme, 1984 retires or is removed from office because of permanent infirmity of mind or body before attaining the age-limit for the office, or in case there is no age-limit, before attaining the age of sixty-five years, the local authority may add to his pensionable local service—

(i) where his pensionable local service is not less than five years, and not more than ten years—

(I) a period equivalent to that pensionable local service, or

(II) a period equivalent to the additional period of pensionable local service which the officer would have had if he had served in the period beginning on the date immediately following the date he ceased to be a registered officer and ending on his 65th birthday,

whichever is the less;

(ii) where his pensionable local service is not less than ten years, and not more than twenty years, the more favourable of—

(I) twenty years, less that pensionable local service, or a period equivalent to the additional period of pensionable local service which the officer would have had if he had served in the period beginning on the date immediately following the date he ceased to be a registered officer and ending on his 65th birthday, together with any period which may be added in accordance with paragraphs (a), (c) and (e) of section 13(2) of the Act, whichever is the less, or

(II) six years and two hundred and forty-three days, or a period equivalent to the additional period of pensionable local service which the officer would have had if he had served in the period beginning on the date immediately following the date he ceased to be a registered officer and ending on the date he would have reached the minimum retiring age, together with any period which may be added under paragraphs (a), (c) and (e) of section 13 (2) of the Act, whichever is the less;

(iii) where his pensionable local service is twenty years or more—

(I) six years and two hundred and forty-three days, or

(II) a period equivalent to the additional period of pensionable local service which the officer would have had if he had served in the period beginning on the date immediately following the date he ceased to be a registered officer and ending on the date he would have reached the minimum retiring age, together with any period which may be added under paragraphs (a), (c) and (e) of section 13 (2) of the Act,

whichever is the less;

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

"minimum retiring age" means, in the case of an officer to whom the provisions of subsection (2) of section 12 of the Act applies, fifty-five years and, in any other case, sixty years.".

2. Article 12 of the Local Government (Superannuation) Act, 1956 (Addition to Service) Regulations, 1956 ( S.I. No. 79 of 1956 ) shall not apply to registered officers.

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 this Scheme.

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 this Scheme is to make revised superannuation arrangements for the staff of local authorities becoming pensionable on or after the 1st day of June, 1978. The Scheme provides options for staff who became pensionable before that date.