S.I. No. 391/1986 - Local Government (Superannuation Revision) (Consolidation) Scheme, 1986.

S.I. No. 391 of 1986.

LOCAL GOVERNMENT (SUPERANNUATION REVISION) (CONSOLIDATION) SCHEME, 1986.

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:

PART I. PRELIMINARY AND GENERAL.

1 Short Title.

1. This Scheme may be cited as the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986.

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

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

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

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

"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;

"approved job-sharing scheme" means a scheme or arrangements for the sharing of a wholetime office or employment by two officers or two employees—

(i) where, in relation to officers or employees of a vocational education committee or school attendance committee, a job-sharing scheme has been approved by the Minister for Education,

(ii) where, in relation to officers or employees of a health board or other health body, a job-sharing scheme has been approved by the Minister for Health, and

(iii) in any other case, where a job-sharing scheme has been approved by the Minister for the Environment;

"civil service", when used without qualification, includes, in addition to the civil service of the Government, the civil services mentioned in paragraphs (a), (b), (e) and (f) of subsection (1) of section 2 of the Superannuation Act, 1936 (No. 39 of 1936);

"eligible employee" means—

(a) an employee of a local authority, not being a pensionable servant and not being a registered employee, who,—

(i) 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, or

(ii) during any local financial year, with effect from and including the local financial year ending on the 31st day of December, 1986,

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 pensionable officer or 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) a permanent officer whose appointment as such was made on or after the 1st day of June, 1978 and who, either—

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

(ii) is required to be a registered medical practitioner, or

(iii) is sharing a wholetime office with one other officer under an approved job-sharing scheme, or

(b) a person referred to in article 28 (1) or (2);

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

"emolument" means, subject to articles 26 and 48, any apartments, rations, or other perquisites in kind (or, as the case may require, a monetary payment given in lieu of such apartments, rations, or other perquisites) appertaining to an office or employment and all fees, poundage and commission of an officer or employee as such for his own use together with any 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 article 26 (1) or 48 (1);

"fire brigade employee" means an employee of a fire authority under the Fire Services Act, 1981 (No. 30 of 1981), who is wholetime as such and whose duties include attendance at fires;

"fire brigade officer" means an officer of a fire authority under the Fire Services Act, 1981 (No. 30 of 1981), who is wholetime as such and whose duties include attendance at fires:

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

"harbour authority" means a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946);

"health body" means a body within the meaning of section 2 (9) of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) other than a local authority, within the meaning of section 1 of that Act, or a health board;

"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 body within the meaning of section 2 (9) of that Act;

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

"mental hospital officer" means an officer of a health board whose duties relate wholly to the functions of the 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 sub-article (2) or (3) (a) of article 9 apply, or in the case of an employee to whom the provisions of sub-article (2) or (3) (a) of article 33 apply, 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 article 9 and, in the case of an employee, has the meaning assigned to it article 33;

"pensionable officer" means a pensionable officer for the purposes of the Act of 1956;

"pensionable servant" means a pensionable servant for the purposes of the Act of 1956;

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

"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" means, subject to article 26, payments as salary to an officer as such for his own use and, in the case of an officer who is suspended or absent on leave and who, as respects the period of suspension or absence, does not receive a part of the payments as salary to him for his own use which he would have received if he had not been suspended or absent on leave, includes that part, together with—

(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 post 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;

"service day" means—

(a) (i) a day on which the employee worked in a wholetime capacity for one or more than one local authority, the work not being work (other than work in a supervisory capacity or work calling for special experience or skill which is not given to him by reference to the provision of employment for him or the relief of his distress) on any work or scheme of works the expenses of which are in whole or in part met from moneys provided by the Oireachtas for the provision of employment and the relief of distress, or

(ii) as respects a person who is an employee on or after the 10th day of January, 1984, a day on which he worked in a wholetime capacity for one or more than one local authority,

(b) a day (other than a Sunday) in respect of which the employee was given paid leave,

(c) a day (other than a Sunday) in respect of which the employee was paid compensation under the Workmen's Compensation Acts, 1934 to 1955, as continued by section 69 of the Social Welfare (Consolidation) Act, 1981 , by a local authority, provided that the accident occurred on a day such as is referred to in paragraph (a) of this definition and that either—

(i) the whole of the period in respect of which the compensation was paid was not more than one year, or

(ii) where the whole of the period in respect of which the compensation was paid was more than one year, the day occurred during such portion of the period as was before the expiration of one year from its commencement,

(d) a day (other than a Sunday) in respect of which the employee was paid injury benefit or disablement benefit under Chapter 5 of Part II of the Social Welfare (Consolidation) Act, 1981 , provided that—

(i) the accident occurred (or, as the case may be, the injury was sustained or the disease was contracted) on a day such as is referred to in paragraph (a) of this definition,

(ii) either—

(I) the whole of the period in respect of which the benefit was paid was not more than one year, or

(II) where the whole of the period in respect of which the benefit was paid was more than one year, the day occurred during such portion of the period as was before the expiration of one year from its commencement, and

(iii) in the case of a day in respect of which the employee was paid disablement benefit, it was a day on which he was incapable of work or unable, solely because of the said accident, injury or disease, to work in the manner referred to in paragraph (a) of this definition,

(e) as respects a person who is a registered employee on or after the 10th day of January, 1984, a day (other than a Sunday) in respect of which he was not in receipt of wages by virtue solely of his entitlement to disability benefit on invalidity pension under Chapter 2 or 10, as appropriate, of Part II of the Social Welfare (Consolidation) Act, 1981 , subject to the proviso that had he not been entitled to the said disability benefit or invalidity pension he would have been in receipt of wages at a rate not less than one-half of the full rate otherwise applicable to him,

(f) as respects a person who is a registered employee on or after the 10th day of January, 1984, a day on which, owing to illness which was certified by a registered medical practitioner (or in respect of which the local authority is satisfied that the absence was owing to illness) he was on leave from his employment, without pay, the day being a day in respect of which, had he been an officer of the local authority, he would have been granted salary or part salary, not being salary under Rule (iv) of sub-article (1) of article 21 of the Local Government (Officers) Regulations, 1943 (S.R. & O. 1943, No. 161) or under any provision corresponding to that Rule, subject to the proviso that it immediately followed a day, such as is referred to in paragraph (a), (b), (c), (d), (e) or (g) of this definition and that it is not a day which is otherwise reckonable as a service day under this Scheme, or

(g) a day (other than a Sunday or a day on which he was on permanent service) on which the employee was attending and performing his duty as a member of the Reserve Defence Force on full pay,

and for the purposes of paragraphs (a) and (b) of this definition, as respects an employee who is sharing wholetime employment with another employee under an approved job-sharing scheme, shall be deemed to include any day on which he would have worked in a wholetime capacity or in respect of which he would have been given paid leave had he not been sharing his employment under such job-sharing scheme;

"the Superannuation Acts" means the Superannuation Acts, 1834 to 1976;

"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" means, subject to article 48, payments as wages to an employee as such for his own use and—

(a) in the case of an employee who is suspended or absent on leave and who, as respects the period of suspension or absence, does not receive a part of the payments as wages to him for his own use which he would have received if he had not been suspended or absent on leave, includes that part,

(b) in the case of an employee who is being paid compensation under the Workmen's Compensation Acts, 1934 to 1955, as continued by section 69 of the Social Welfare (Consolidation) Act, 1981 , by a local authority, includes the wages that he would have received if he had not been in receipt of such compensation,

(c) in the case of an employee who is being paid injury benefit or disablement benefit under Chapter 5 of Part II of the Social Welfare (Consolidation) Act, 1981 , includes, if the accident occurred (or, as the case may be, the injury was sustained or the disease was contracted) on a day such as is referred to in paragraph (a) of the definition of "service day" contained in this article and if, where he is being paid disablement benefit, he is incapable of work or unable, solely because of the said accident, injury or disease, to work in the manner referred to in the said paragraph (a), the wages that he would have received if he had not been in receipt of such benefit, and

(d) as respects an employee who is entitled to reckon as service a day referred to in paragraph (e) or (f) of the definition of "service day" contained in this article, means the full rate of wages otherwise applicable to him.

(2) Paragraph (a) (ii) of the definition of "service day" contained in this article shall be applied for the purpose of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to articles 13 and 15 or 36 and 38 or a preserved pension pursuant to article 21 or 44 in relation to a registered officer or registered employee who ceased to hold his office or employment before the 10th day of January, 1984.

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

(4) 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 provisions in which the reference occurs.

(5) 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), (c) and (d), 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) (i) 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 (a) (ii) of the definition of "eligible employee" in article 3, the local authority shall make the entry with effect from the date immediately following his one hundred and thirtieth service day.

(d) 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 or employee of a local authority aggrieved by the refusal of or failure by the local authority to enter his name in Part I or Part II of the Register, as appropriate, 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 or Part II of the Register, as appropriate, as from a specified date and, in the latter case, the local authority shall enter the name in the Register as from that date.

(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.

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 any person who ceases to be an employee of the local authority and shall notify him accordingly within one month.

(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 36, 40, 41, 43, 44 and 46 (2) be regarded as not having ceased to be so employed, and

(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 36, 40, 41, 43, 44 and 46 (2), 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 the reinstatement.

(b) A person aggrieved by the removal of his name by a local authority from Part I or Part II 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.

PART II. REGISTERED OFFICERS.

6 General limitations on service to be reckoned by registered officer.

6. (1) A provision of this Part of this Scheme entitling a registered officer to reckon as service any period shall be subject to the overriding qualification that he shall not be entitled so to reckon a particular period more than once nor shall he be entitled so to reckon any of the following:

(a) any period as respects which, when ordinarily entitled to remuneration in respect of a position service in which is capable of being reckoned under this Scheme, he was not in receipt of that remuneration, being a period after the commencement of Part II of the Act of 1956 and not being a period continuous with a similar period ending on such commencement, nor, in the case of a member of the Reserve Defence Force, being a period commencing on or after the 1st day of January, 1981, in respect of which he is granted special leave without pay for attending training with that Force,

(b) (i) any period in respect of which he has already received a lump sum, an allowance or a gratuity under this Scheme or any other scheme relating to superannuation or under any Act relating to superannuation service for the purposes of which is capable of being reckoned under this Scheme, 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 been granted a preserved pension or preserved lump sum under any scheme or Act relating to superannuation,

(c) any period in respect of which any contributions for superannuation have been returned to him, unless, having been entitled to repay such contributions, he has done so,

(d) any period before a date on which he was removed or discharged from his position for misconduct or for unfitness save—

(i) where he is immediately appointed to or employed in a position service in which is capable of being reckoned under this Scheme, the date of such appointment or employment not being earlier than the 1st day of January, 1968, or

(ii) as respects a person who is a registered officer on or after the 10th day of January, 1984, where he is either immediately or at a later date appointed to or employed in a position service in which is capable of being reckoned under this Scheme, and the local authority from whose service he was removed or discharged is satisfied that the service which he gave prior to such removal or discharge should be allowed to reckon,

(e) being a person entitled to reckon under this Scheme service which is not under a local authority, any period of that service which he would have been unable to reckon if he had continued to hold the position in which he had that service,

(f) any period before a date after the commencement of Part II of the Act of 1956, being a date before the 10th day of January, 1984, on which he absents himself from the place where he performs his duties under a local authority or refrains from performing those duties, such absence or refraining being deliberate and unauthorised,

(g) (i) being a registered officer 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.R. & O. 1943, No. 161), other than such a period which began before the 27th day of May, 1977,

(ii) being any other registered officer, 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.R. & O. 1943, No. 161), other than such a period which began before the 27th day of May, 1977.

(2) Where a period of service of an officer of a local authority has, having regard to paragraph (f) of sub-article (1), become forfeited—

(a) the local authority shall give notice in writing of the forfeiture to the officer,

(b) the officer may, not later than one month after notice has been given to him, appeal to the appropriate Minister against the forfeiture,

(c) the appropriate Minister may either refuse the appeal or declare that all or part of the period of service shall be restored and, in the latter case, the said paragraph (f) shall have effect subject to the declaration.

(3) The provisions of sub-article (1) (d) (ii) shall be applied as respects a registered officer who ceased to hold office before the 10th day of January, 1984, for the purpose of determining with effect from the said 10th day of January, the amount of an allowance pursuant to articles 13 and 15 or a preserved pension pursuant to article 21, subject to the proviso that the amount of any additional allowance so payable shall be reduced by one-quarter where the provisions of subsection (11) of section 28 of the Act of 1956 apply by virtue of article 28 (4).

7 Reckoning wholetime service of registered officer

7. (1) A registered officer of a local authority shall be entitled to reckon as service any of the following:

(a) service as a pensionable officer or as a registered officer of the local authority or of any other local authority, subject to the proviso that any period during which he shared a wholetime office under an approved job-sharing scheme shall be reckoned as one-half of that period,

(b) service as a pensionable servant or as a registered employee of the local authority or of any other local authority,

(c) service during which he was a mental hospital officer or mental hospital employee and which he was entitled to reckon as service for the purposes of Part VIII of the Act of 1945, or any earlier enactment corresponding to the said Part VIII,

(d) service in a pensionable position under a harbour authority,

(e) (i) service which is reckonable for the purposes of the Superannuation Acts (or which, had it continued until the commencement of section 7 of the Social Welfare Act, 1950 (No. 14 of 1950), would have been reckoned by virtue of that section and section 313 of the Social Welfare (Consolidation) Act, 1981 for the purposes of the Superannuation Acts) being service continuous with subsequent service as a pensionable officer or pensionable servant or as a registered officer or registered employee of the local authority or any other local authority or with subsequent service in a position in which service for the purposes of those Acts is reckonable,

(ii) as respects a person who is a registered officer on or after the 1st day of November, 1977, service which is reckonable for the purposes of the Superannuation Acts (or which, had it continued until the commencement of section 7 of the Social Welfare Act, 1950 (No. 14 of 1950), would have been reckoned by virtue of that section and section 313 of the Social Welfare (Consolidation) Act, 1981 for the purposes of the Superannuation Acts) being service which is succeeded, either immediately or at a later date, by service as a pensionable officer or pensionable servant or as a registered officer or registered employee of, the local authoirty or any other local authority,

(f) service (to such extent as the Minister either generally or in any particular case may approve) in a pensionable position under a body approved of by the Minister for the purposes of this paragraph on the basis of being a body granting pension rights such that they and the pension rights provided for by this Scheme are reciprocal generally,

(g) (i) any period of pensionable service as a secondary or national school teacher other than any period, contributions being payable in respect of service during that period, in respect of which such contributions were not paid,

(ii) any period as a secondary teacher that ceased before the latest date on which he could have opted for membership of the Secondary Teachers' Superannuation Schemes and that is certified by the Minister for Education as service that could have been reckoned as pensionable and gratuity service for the purposes of those Schemes, subject to compliance by the officer with such conditions (including payment of contributions to the local authority) as the Minister for Education requires as a condition of issuing such certificate, or

(iii) as respects a person who is an officer of a vocational education committee on or after the 10th day of January, 1984, one-half of any period of wholetime service as a teacher with a day trades preparatory school which was grant-aided by the Minister for Education, given prior to the 1st day of September, 1960, where he was fully qualified as a vocational teacher and would have been entitled to reckon such service if it had been under a vocational education committee,

(h) having been an employee of a local authority, service with the Defence Forces as respects which and to the extent to which the Minister, after consultation with the Minister for Defence, considers that it would have been service as an employee of the local authority, but for its being service with the Defence Forces,

(i) service as a pensionable officer or as a registered officer or a body established under the Health (Corporate Bodies) Act, 1961 to which this Scheme, or any scheme or regulations under the Local Government (Superannuation) Act, 1980 , has been applied under that Act or other service which would be reckonable by such body for the purposes of his superannuation,

(j) not more than two years' emergency military service, not being service referred to in paragraph (h), where for such period the person—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) In paragraphs (a) and (e) of sub-article (1) "service as a pensionable officer or as a registered officer" shall be deemed to include service—

(a) which, at any time before the commencement of Part II of the Act of 1956, the officer was entitled to reckon under Part II of the Act of 1948 (for this purpose subsection (1) of section 13 of the Act of 1948 being regarded as having been enacted without paragraph (b)),

(b) which the officer would, at any time before the commencement of Part II of the Act of 1956, have been entitled to reckon under Part II of the Act of 1948 if section 18 of that Act had been enacted with paragraph (b) omitted therefrom, or

(c) which, at any time before the commencement of Part II of the Act of 1956, he was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him.

(3) Where, as respects a registered officer,—

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

(b) the period specified in paragraph (a) was at any time succeeded by a period of service in a position service in which is apart from sub-article (2), capable of being reckoned by him under this Scheme,

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

(4) Where, as respects a registered officer,—

(a) he had—

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

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

(b) the periods specified in paragraph (a) were at any time succeeded by a period of service in a position service in which is capable of being reckoned under this Scheme,

such person shall, as respects the periods specified in paragraph (a), be entitled to reckon them as service.

(5) Where, as respects a registered officer,—

(a) he had periods of wholetime service while employed as a personal assistant by an officer of a local authority under an arrangement approved of by that local authority, and

(b) the periods specified in paragraph (a) were at any time succeeded by a period of service in a position service in which is capable of being reckoned under this Scheme,

such person shall, as respects the periods specified in paragraph (a), be entitled to reckon them as service.

(6) In paragraph (b) of sub-article (1) "service as a pensionable servant or as a registered employee" shall be deemed to include service (being service which, apart from this sub-article, would not be service as a pensionable servant or as a registered employee) as an employee of a local authority which is service that the officer would have been entitled to reckon for superannuation purposes if he had continued to be such employee.

(7) For the purposes of paragraphs (j) and (k) of sub-article (1)—

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

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

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

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

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

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

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

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

(8) Notwithstanding the provisions of section 63 (5) of the Act of 1945, a registered officer to whom the provisions of that section apply may elect to have the provisions of sub-article (4) applied to him in lieu of the provisions of the said section 63 (5).

(9) The provisions of sub-article (1) (g) (iii) shall be applied for the purpose of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to articles 13 and 15 or a preserved pension pursuant to article 21 in relation to a registered officer who ceased to hold office before the 10th day of January, 1984, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter where the provisions of subsection (11) of section 28 of the Act of 1956 apply by virtue of article 28 (4).

8 Reckoning part-time service of registered officer.

8. (1) Subject to sub-articles (2) and (6), where a registered officer 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—

(a) where he ceased to be a registered officer before the 10th day of January, 1984, provided he ceased to be fully insured on becoming a pensionable officer or pensionable servant or a registered officer or registered employee, or

(b) where he is a registered officer on or after the 10th day of January, 1984,

be entitled to reckon the part-time service as service, as follows:

(i) 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

(ii) 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) Part-time service as a vocational school teacher shall be reckoned only in each school year where the officer had—

(i) 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.

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

(3) Where a registered officer 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 5 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 3 per cent. in the case of a registered officer to whom the provisions of article 23 (5) apply.

(4) Where 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 Act 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 officer to whom the provisions of article 23 (5) apply, 3 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 1½ per cent. of the aggregate wages and of the aggregate value of emoluments, if any, received by him in respect of such period.

(5) A registered officer to whom the provisions of sub-article (3) or (4) applies, shall contribute to his employing local authority in accordance with the provisions of the said sub-article (3) or (4), as appropriate, together with, in each case where the contribution is not paid within twelve months of the date of notification to him by the local authority of the amount of such contribution, being a date not earlier than the 1st day of January, 1986, an additional sum, calculated on a basis to be determined by the Minister in respect of compound interest, to accrue from the date of such notification to the date of payment of the contribution.

(6) The provisions of this article shall not apply as respects a period of part-time service given as a pensionable officer or as a registered officer.

(7) 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.

(8) (a) The provisions of sub-articles (3) and (4) of article 23 shall apply in relation to contributions paid pursuant to sub-articles (3) and (4).

(b) Save where an agreement pursuant to article 57 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.

(9) The provisions of sub-article (1) (b) shall be applied for the purposes of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to articles 13 and 15 or a preserved pension pursuant to article 21 in relation to a registered officer who ceased to hold office before the 10th day of January, 1984, subject to the proviso that the amount of any additional allowance payable under article 15 shall be reduced by one-quarter where the provisions of subsection (11) of section 28 of the Act of 1956 apply by virtue of article 28 (4).

9 Pensionable local service of registered officer.

9. (1) For the purposes of this Scheme, a pensionable local service of a registered officer at any time shall, subject to sub-article (3) (b), be the period or the aggregate of the periods which under this Part of this Scheme he is entitled at that time to reckon as service.

(2) Notwithstanding sub-article (1) and subject to sub-article (3) (a), where the period or the aggregate of the periods which under this Part of this Scheme a registered officer who is a fire brigade officer or whose name is entered in a register maintained under section 65 of the Act of 1945 is entitled to reckon as service is more than twenty years, then, for the purposes of this Part of this Scheme, the pensionable local service of such officer shall be that period or aggregate together with the excess of that period or aggregate over twenty years.

(3) (a) Where a registered officer who becomes a fire brigade officer or whose name is entered in a register maintained under section 65 of the Act of 1945, on or after the 1st day of January, 1986, had a period or periods of service other than as a fire brigade officer or as an officer whose name was entered in the said register maintained under section 65 of the Act of 1945, or in a position in respect of which he was not otherwise eligible for enhanced credit under a provision which corresponds to sub-article (2) which he is entitled to reckon as service under this Part of this Scheme, then for the purposes of this Part of this Scheme, such service shall either—

(i) be reduced by one-quarter before the provisions of sub-article (2) are applied to him, or

(ii) be reckoned at its actual length, in which case the provisions of sub-article (2) shall not apply,

whichever is the more favourable to him.

(b) Where a registered officer, not being a fire brigade officer or an officer whose name is entered in a register maintained under section 65 of the Act of 1945, had a period or periods of service which he is entitled to reckon as service under this Part of this Scheme during which he was a fire brigade officer or his name was entered in a register maintained under section 65 of the Act of 1945, or he was otherwise eligible for enhanced credit under a provision which corresponds to sub-article (2), such service shall, where the last such period ended on or after the 1st day of January, 1986, be increased by one-third for the purposes of sub-article (1).

10 Addition to pensionable local service of registered officer.

10. (1) Where a registered officer of a local authority has not less than ten years of pensionable local service and—

(a) he is removed from office for a cause other than misconduct, unfitness or permanent infirmity of mind or body,

(b) his office is abolished, or

(c) his position has been materially altered to his detriment by changes in its conditions made without reasonable cause and he resigns his office,

the local authority may, if they so think fit, add to his pensionable local service a period not exceeding—

(i) if his pensionable local service is twenty years or more — ten years,

(ii) if his pensionable local service is less than twenty years — half that service.

(2) Where a registered officer of a local authority whose pensionable local service is ten years or more or, in the case of a registered officer referred to in sub-article (6), five years or more, ceases to hold his office otherwise than by removal for misconduct or unfitness, the local authority may, if they so think fit, add to his pensionable local service a period not exceeding ten years or, where a period has been added under sub-article (1), not exceeding the difference between that period and ten years, but such an addition shall not be made save in the circumstances set out in sub-articles (3) to (7).

(3) A local authority may, if they so think fit, add less than the maximum period permitted in accordance with this article.

(4) Notwithstanding anything contained in any other sub-article, the following provisions shall apply to the addition of a period to the pensionable local service of an officer:—

(a) a period shall not be added save for the purpose of the calculation of a lump sum under article 14 and an allowance under article 15;

(b) a period shall not be added where the service of an officer amounts to forty years or more;

(c) a period shall not be added so as to make the service of an officer greater than forty years;

(d) where the pensionable remuneration of an officer (not being a rate collector) consists of salary and fees, and the amount of the fees during the last three years of his service was, in the opinion of the local authority, considerably greater than in the preceding period of three years, the period added to the pensionable local service of the officer shall not be such as to make the allowance payable to him under this Scheme greater than it would be if—

(i) his service were forty years, and

(ii) the fees were disregarded for the purpose of calculating his pensionable remuneration, or

(iii) his salary were an inclusive salary, inclusive of fees, of an amount equal to the salary appertaining to other offices of the same class, description and grade the holders of which are in receipt of an inclusive salary.

(5) (a) Subject to article 12 (9), where a registered officer of a local authority retires from an office which is—

(i) an office to which, at the time of the retirement, the Act of 1926 applies because the qualifications of the office are professional,

(ii) an office of part-time dispensary midwife and the officer is a person to whom the provisions of subsection (9) of section 28 of the Act of 1956 apply by virtue of article 28 (4), or

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

the local authority may, subject to paragraph (c), add to his pensionable local service a period not exceeding one-third of such service.

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

(c) A period added because of any of the circumstances referred to in this sub-article shall, in the case of an officer who retired otherwise than because of permanent infirmity of mind of body before attaining the age of sixty-five years, be reduced by the period by which his age at retirement falls short of sixty-five years.

(6) (a) Where a registered officer of a local authority 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 less 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 sixty-fifth birthday,

whichever is the less;

(ii) where his pensionable local service is not less than ten years and less 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 sixty-fifth birthday, 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, 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,

whichever is the less.

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

(c) A period shall not be added 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 officer from discharging his duties with reasonable efficiency and unless the officer gives to the local authority a certificate of a medical practitioner specifying the nature of the infirmity, the extent to which the officer is incapacitated and stating the opinion of the medical practitioner as to the permanency of the incapacity.

(7) Where a registered officer of a local authority—

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

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

the local authority may add to his pensionable local service a period not exceeding one-quarter of the difference between his pensionable local service (together with any period added under any other sub-article) and forty years.

(8) For the purposes of this article—

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

11 Service of registered officer at termination of office.

11. For the purposes of this Part of this Scheme, the service of a registered officer at the termination of his office shall be his pensionable local service together with any additional years added under article 10.

12 Non-consultant hospital doctors.

12. (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 of 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 3, a local authority shall enter in Part I of the Register—

(a) with effect from the 1st day of October, 1979, 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) with effect from the date of his appointment, 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 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 sub-articles (4) and (5) of article 7 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 in error.

(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 5 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 2½ 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 articles 56 (8) and 57 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 article 10 (5) shall not apply to a registered officer who retires from office as a non-consultant hospital doctor.

13 Grant of lump sum and allowance to registered officer on his ceasing to hold office.

13. (1) Where—

(a) a registered officer of a local authority ceases to hold his office and is not employed in another position service in which is capable of being reckoned under this Scheme, and

(b) the local authority either are of opinion that in general he has served in such office with diligence and fidelity and to their satisfaction or, not being of that opinion, they nevertheless decide that, in the special circumstances of this case, he should be granted a reduced lump sum and allowance,

the local authority shall grant him a lump sum and allowance in any of the cases specified in sub-article (2).

(2) The cases referred to in sub-article (1) are the following:

(a) where the officer has ceased to hold his office otherwise than by removal and—

(i) he has attained the age of sixty years and has not less than five years of pensionable local service,

(ii) he is a fire brigade officer or his name is entered in a register maintained under section 65 of the Act of 1945, has attained the age of fifty-five years and has not less than five years of pensionable local service, or

(iii) he has become incapable of performing his duties by reason of permanent infirmity of mind or body and has not less than five years of pensionable local service;

(b) where the officer was removed from his office for a cause other than misconduct or unfitness and has not less than five years of pensionable local service;

(c) where the office of the officer was abolished and he has not less than five years of pensionable local service;

(d) where the position of the officer was materially altered to his detriment by changes of its conditions made without reasonable cause and he resigned his office having not less than five years of pensionable local service;

(e) where the officer has ceased to hold his office on account of having attained the age-limit therefor and has not less than five years of pensionable local service,

subject to the exclusion of any case, being a case such as is specified in paragraph (b) or paragraph (c), in which the officer was removed or resigned from office under section 24 of the Local Government Act, 1951 (No. 23 of 1941), or that section as amended by section 17 of the Local Government Act, 1955 (No. 9 of 1955), in circumstances such that subsection (2) of the said section 24 does not, by virtue of subsection (3) of that section, apply.

14 Determination of lump sum granted to registered officer.

14. (1) The amount of the lump sum to be granted under article 13 to a registered officer shall be equal to—

(a) 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

(b) one and one-half times his pensionable remuneration,

whichever is the less.

(2) Where subsection (6) of section 37 of the Act of 1948 applied in respect of a registered officer, in any application to him of sub-article (1), that sub-article shall be construed as if it provided that the lesser sum therein referred to should be increased by one-half per cent. of that sum multiplied by the number of whole years referred to in the said subsection (6).

15 Determination of allowance granted to registered officer.

15. The allowance to be granted under article 13 to a registered officer on his ceasing to hold office shall be—

(a) 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

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

whichever is the less.

16 Reduction of lump sum and allowance of registered officer for unsatisfactory service.

16. (1) Where a local authority decide under article 13 that a registered officer shall be granted a reduced lump sum and allowance the following provisions shall apply:

(a) subject to the provisions of sub-article (2), as respects a person who ceased to hold office as a registered officer before the 10th day of January, 1984, the amount of the lump sum and the rate per annum of the allowance granted to him under article 13 shall be reduced below the amount and rate that would be appropriate therefor under articles 14 and 15 and to an extent not less than 50 per cent., and

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

(i) where there is a loss of funds to the local authority for which the person is culpable, the amount of the lump sum that would be appropriate under article 14 shall be reduced by such amount and, in addition, where the amount of the loss of funds is greater than the amount of the lump sum, payment of the allowance that would be appropriate under article 15 shall be suspended until such time as the total loss is recovered by the local authority,

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

(2) Where it is favourable to him, the provisions of sub-article (1) (b) shall be applied in relation to a registered officer who was granted a reduced lump sum and allowance under article 13 and who ceased to hold office before the 10th day of January, 1984, with effect from the 10th day of January, 1984, or where it is a case referred to in sub-article (1) (b) (i), from a date, not earlier than the 10th day of January, 1984, on which the total loss of funds is recovered by the local authority, for the purpose of determining the rate of allowance under article 15.

17 Grant of short service gratuity to registered officer.

17. (1) Subject to sub-article (2), where a registered officer of a local authority having not less than one year and less than five years of pensionable local service ceases to hold his office the local authority shall, in any of the cases specified in sub-article (3), grant to him a gratuity of such amount, not exceeding one-twelfth of his pensionable remuneration, multiplied by 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, as they consider proper,

(2) The gratuity under sub-article (1) shall be increased as respects a registered officer whose pensionable local service at date of cesser of office is not less than two years and less than five years and who ceases to hold his office on account of being incapable of performing his duties by reason of permanent infirmity of mind or body, by the addition of an amount equal to three-eightieths of his pensionable remuneration multiplied by 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.

(3) the cases referred to in sub-article (1) are the following:

(a) where the officer has ceased to hold his office on account of being incapable of performing his duties by reason of permanent infirmity of mind or body;

(b) where the officer was removed from his office for a cause other than misconduct or unfitness;

(c) where the office of the officer was abolished;

(d) where the officer has resigned in a case in which his position was materially altered to his detriment by changes in its conditions made without reasonable cause,

subject to the exclusion of any case, being a case such as is specified in paragraph (b) or paragraph (c), in which the officer was removed or resigned from office under section 24 of the Local Government Act, 1941 (No. 23 of 1941), or that section as amended by section 17 of the Local Government Act, 1955 (No. 9 of 1955), in circumstances such that subsection (2) of the said section 24 does not, by virtue of subsection (3) of that section, apply.

18 Grant of gratuity in respect of deceased registered officer.

18. (1) Where a registered officer of a local authority dies in office the 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 article 14 if he had retired on the date of death because of permanent infirmity of mind or body,

whichever is the greater.

(2) Notwithstanding the provisions of sub-article (1), a gratuity may, as respects a registered officer who dies in office on or after the 1st day of January, 1986 and who is married at the date of death, be granted at the discretion of the local authority to the widow or widower, as appropriate.

19 Grant of gratuity in respect of deceased grantee under article 13.

19. Where a person, who was a registered officer of a local authority and who was granted under article 13 a lump sum and allowance oil ceasing to hold office, dies before the total of all the sums received by him on foot of the lump sum and allowance is equal to his pensionable remuneration, the local authority shall grant to his legal personal representative, or, if he dies on or after the 1st day of January, 1986, at the discretion of the local authority, to the widow, widower or legal personal representative, as appropriate, a gratuity equal to the difference between the said total amount and the said pensionable remuneration.

20 Grant of gratuity to female registered officer on marriage.

20. (1) Where a female registered officer resigns from office with a local authority and—

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

(b) she continued to be such an officer 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 of 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 in her office with diligence and fidelity and to their satisfaction, the local authority shall grant to her a gratuity of an amount equal 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;

(II) if the local authority, although not being of opinion that she has served in her office 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—

(A) as respects a person who ceased to be a female registered officer before the 10th day of January, 1984, to such extent, not less than 50 per cent., as they consider proper, and

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

(i) where there is a loss of funds to the local authority for which the person is culpable, by such amount,

(ii) in any other case, by such amount as the local authority in the special circumstances of the case consider proper;

(III) notwithstanding the provisions of clauses (I) and (II), where a female officer 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 article 23 subsequent to such date shall be returned to her;

(IV) notwithstanding the provisions of clauses (I) and (II), where a female officer 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 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 article 23 subsequent to such later date shall be returned to her.

(2) Where a female person became a registered officer 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 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 who was already married before becoming such registered officer 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 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 21 in lieu of the said gratuity.

21 Grant of preserved benefits to registered officer

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

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

(b) on removal from office for misconduct or unfitness,

or

(c) on becoming employed in an other position service in which is capable of being reckoned under this Scheme,

and the local authority either are of opinion that in general he has served in his office 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 should be granted in respect of him, they shall, on application by him, grant a preserved pension and preserved lump sum to him—

(i) in case he has ceased to hold his office and the local authority at any time decide that he would have ceased to hold his office because of permanent infirmity of mind or body if he had remained in such office after the date he ceased to hold the office, with effect from the 10th day of January, 1984 or the date on which the decision is made, whichever is the later,

(ii) in any other case—with effect from the date he attains sixty years of age, or if he dies before attaining sixty years of age and a decision under subparagraph (i) has not been made in respect of him, they shall grant a preserved death gratuity to his legal personal representative, or, if he dies on or after the 1st day of January, 1986, at the discretion of the local authority, to the widow, widower or legal personal representative, as appropriate, on application by the widow, widower or legal personal representative.

(2) (a) Notwithstanding the provisions of article 23 (3), where a registered officer of a local authority ceases to hold office with entitlement to a preserved lump sum and preserved 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 preserved pension or preserved death gratuity arising under sub-article (1).

(b) where contributions fall to be recovered from a preserved lump sum and preserved 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 aggergate 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 preserved pension pursuant to sub-article (1) (i)—the effective date of such award,

(ii) in case he is awarded a preserved lump sum and preserved pension pursuant to sub-article (1) (ii)—the date he attains sixty years of age, or

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

(3) A preserved pension or a preserved lump sum shall not be paid to a person in a case referred to in sub-article (1) (i) unless the local authority are satisfied that the person is incapable from infirmity of mind or body of discharging the duties of the office which he held and that the infirmity is permanent and unless the person gives to the local authority a certificate of a registered medical practitioner specifying the nature of the infirmity, the extent to which the person is incapacitated and stating the opinion of the registered medical practitioner as to the permanency of the incapacity.

(4) Where a preserved pension is granted to a person in the circumstances described in sub-article (1) (i), the local authority may, at any time after the award of the pension and before the date on which the person attains sixty years of age, review or further review the matter and upon such a review or further review—

(a) in case such pension is being paid and the said local authority is satisfied that, had the application been made on the date of the review (or further review), such application would not have been allowed, the local authority shall grant no further payments of the pension until the person attains sixty years of age, or

(b) in case payment of the pension has for the time being ceased in accordance with paragraph (a), and the said local authority are satisfied that, had such application been made at the date of the further review the application would have been allowed, payment of the pension shall be recommenced.

(5) (a) 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, or in case such pension is awarded under sub-article (1) (i), prior to the effective date of payment of such pension, of 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.

(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, or in case such lump sum is awarded under sub-article (1) (i), prior to the effective date of payment of such lump sum, of 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.

(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 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.

(6) 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 the following provisions shall apply:

(a) as respects a person who ceased to hold office before the 10th day of January, 1984, the amount of the preserved lump sum and the rate per annum of the preserved pension granted under sub-article (1) shall be reduced below the amount and rate that would be appropriate under sub-article (5) (a) and (5) (b) and to an extent not less than 50 per cent.,

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

(i) where there is a loss of funds to the local authority for which the person is culpable, the amount of the preserved lump sum that would be appropriate under sub-article (5) (b) shall be reduced by such amount, and, in addition, where the amount of the loss of funds is greater than the amount of the preserved lump sum, payment of the preserved pension that would be appropriate under sub-article (5) (a) shall be suspended until such time as the total loss is recovered by the local authority,

(ii) in any other case, the preserved lump sum and preserved pension shall be reduced by such amount as the local authority in the special circumstances of the case consider proper, and

(c) where it is favourable to him, the provisions of subparagraph (b) shall be applied in relation to a registered officer who was granted a reduced preserved lump sum and a reduced preserved pension and who ceased to hold office before the 10th day of January, 1984, with effect from the 10th day of January, 1984, or where it is a case referred to in subparagraph (b) (i), from a date, not earlier than the 10th day of January, 1984, on which the total loss of funds is recovered by the local authority, for the purpose of determining the rate of preserved pension.

(7) 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.

(8) 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 this Scheme, not being a person referred to in sub-article (7), 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.

(9) The foregoing provisions of this article shall apply as respects a registered officer in relation to any part-time office under the local authority, or any other local authority, which he holds in a permanent capacity where he ceases to be a registered officer on or after the 10th day of January, 1984, subject to the provisos:

(i) that at the date he ceases to hold the part-time office he has served at least five years in that office,

(ii) that he ceases to hold the part-time office on a date which occurs before the date he ceases to be a registered officer,

(iii) that subsequent to his ceasing to hold the part-time office he is granted an allowance, or a preserved pension, or a death gratuity is granted in respect of him on his ceasing to be a registered officer,

(iv) that the provisions of subparagraphs (i) and (ii) of sub-article (1) shall not apply in respect of the part-time office and any preserved pension and preserved lump sum in respect of the part-time service shall be granted instead with effect from the date the allowance pursuant to articles 13 and 15, or the preserved pension under this article, in respect of his substantive wholetime office, is granted, and

(v) that references in this article to pensionable remuneration and pensionable local service shall be construed respectively as relating to the remuneration in respect of the part-time office and to the extent of the period during which he held the part-time office.

(10) Where a person resigns from a local authority with an entitlement to benefit under sub-article (1) he may, in writing, waive such entitlement and apply to the local authority to have his superannuation contributions returned to him under article 24 (5); upon receipt of such application the local authority shall return such contributions to such person and the local authority shall not grant any benefit under this Scheme to, or in respect of, him.

22 Registered officers granted special leave without pay to take up appointments with E.E.C. institutions.

22. (1) Where a registered officer is granted special leave without pay by a local authority, with the consent of a Minister of the Government, in order to take up after the 31st day of December, 1972, an appointment with an institution of the European Communities and such special leave ceases by reason of his return to a position in the local authority, he shall be entitled to reckon as service the period of service with such institution which was actual service reckonable for the purposes of the institution's pension scheme where—

(a) he is not awarded a pension, preserved pension, severance gratuity, compensation payment, or any equivalent benefit from the institution, and

(b) the institution makes an agreed payment to the local authority in respect of the service.

(2) Where a registered officer takes up an appointment with an institution of the European Communities in the circumstances described in sub-article (1) and leaves the employment of the institution before he attains sixty years of age, otherwise than because of dismissal or redundancy, and he ceases to hold office in the local authority by reason of his resignation therefrom with effect from the date on which he ceases to hold employment with the institution, and if, but only if, he does not become employed in a position service in which is capable of being reckoned under this Scheme, the provisions of article 21 will apply in his case, subject to the proviso that his pensionable local service for the purposes of the said article 21 shall be his pensionable local service on his last day of such service with the local authority prior to taking up his appointment with the institution.

(3) Where a registered officer takes up an appointment with an institution of the European Communities in the circumstances described in sub-article (1) and he dies while in the service of the institution before his special leave without pay terminates the following provisions shall apply:

(a) an amount not greater than an amount equal to three-eightieths of the equivalent at the date of death, of his pensionable remuneration on his last day of reckonable service with the local authority multiplied by the number of whole years of 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, or forty years, whichever is the less, will be paid by the local authority to his legal personal representative, or, if he dies on or after the 1st day of January, 1986, at the discretion of the local authority, to the widow, widower or legal personal representative, as appropriate, and

(b) Articles 18 and 21 will not apply in relation to him.

(4) Where a registered officer takes up an appointment with an institution of the European Communities in the circumstances described in sub-article (1) and the person is serving in the institution when he attains sixty years of age, the following provisions shall apply:

(a) the following benefits will be payable with effect from the date of his sixtieth birthday, or, in case his special leave without pay terminates after that date, the date of such termination, namely—

(i) an annual allowance of one-eightieth of the equivalent, on such date, of his pensionable remuneration on his last day of reckonable service with the local authority prior to taking up his appointment with the institution multiplied by the number of whole years of 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, or forty years, whichever is the less, and

(ii) a lump sum of three-eightieths of the equivalent, on such date, of his pensionable remuneration on his last day of reckonable service with the local authority prior to taking up his appointment with the institution multiplied by the number of whole years of 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, or forty years, whichever is the less,

provided that the officer has ceased to hold office with the local authority by reason of his resignation therefrom with effect from the date on which he attains sixty years of age, or in case his special leave without pay terminates after that date, the date of such termination,

(b) the said benefits shall be in lieu of any payments which apart from this sub-article might otherwise fall due to be paid to, or in respect of, him under this Scheme.

(5) For the purposes of this article—

"the European Communities" means the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community;

"an agreed payment" means a payment in respect of a period of actual service with an institution of the European Communities which is agreed with that institution by the local authority, with the consent of the Minister.

23 Contributions by registered officers.

23. (1) Subject to the provisions of articles 8 and 12 and to the following provisions of this article, a registered officer of a local authority shall contribute to such local authority for the purposes of this Part of this Scheme at the rate of 5 per cent. of—

(a) his annual rate of salary, and

(b) the annual value of his emoluments,

subject to the proviso that there shall be no contributions in respect of a period in respect of which he had neither salary nor emoluments nor in respect of a period which he is precluded from reckoning under article 6 (1) (g).

(2) (a) A registered officer who, pursuant to sub-articles (4) and (5) of article 7, becomes entitled to reckon a period or periods of wholetime service as a temporary officer of a local authority shall contribute to his employing local authority for the purposes of the said sub-articles (4) and (5) at the rate of—

(i) two and one-half per cent. of the aggregate salary and value of his emoluments, if any, which he received for so much of such period or periods as occurred between the 1st day of April, 1948 and the 31st day of December, 1985, and

(ii) five per cent of the aggregate salary and value of his emoluments, if any, which he received for so much of such period or periods as occurred on or after the 1st day of January, 1986, together with, in each case where the contribution is not paid within twelve months of the date of notification to him by the local authority of the amount of such contribution, being a date not earlier than the 1st day of January, 1986, an additional sum, calculated on a basis to be determined by the Minister in respect of compound interest, to accrue from the date of such notification to the date of payment of the contribution.

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

(3) The contribution to be made by a registered officer of a local authority under this article may be obtained by such local authority by means of periodical deductions from his salary and emoluments, but, if any such deduction proper to be made by a local authority from his salary and emoluments is not made, such 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, allowance or gratuity payable by them to, or in respect, of him.

(4) Where, under article 54, lump sums, allowances or gratuities granted by a local authority are paid by another local authority, the first-mentioned local authority shall from time to time (but not less frequently than once in each quarter) transfer to the other local authority—

(a) in case the first-mentioned local authority are a vocational education committee—one-half of all sums received by them by way of contribution under this article, or under article 7 (1) (g) (ii), and

(b) in any other case—the whole of all such sums.

(5) (a) In the case of a person—

(i) whose name was entered under subsection (5) of section 7 of the Act of 1956 by a mental hospital authority in the register maintained under the said section 7, or

(ii) whose name is entered in Part I of the Register by virtue of article 28(2),

the reference to 5 per cent. in sub-article (1) shall, until the expiration of his continuous period of being an officer of a local authority beginning on the commencement of section 41 of the Mental Treatment Act, 1961 , be construed as a reference to 3 per cent.

(b) In the case of a person whose name was entered otherwise than under subsection (5) of section 7 of the Act of 1956 by a mental hospital authority, as from the expiration of a continuous period of such person's being a mental hospital employee which began on the commencement of section 41 of the Mental Treatment Act, 1961 , and—

(i) as from the commencement of which such person's name was entered under subsection (5) of section 30 of the Act of 1956, or

(ii) not having been so entered, his name was entered in Part II of the Register by virtue of article 50 (2),

the reference to 5 per cent. in sub-article (1) shall, until the expiration of his continuous period of being an officer of a local authority beginning at the time as from which the mental hospital authority entered his name in the register maintained under the said section 7, be construed as a reference to 3 per cent.

24 Return of contributions to registered officers.

24. (1) In this Part of this Scheme "the contributions" means, in relation to a registered officer, the aggregate amount of his contributions for superannuation in respect of service which is capable of being reckoned under this Scheme.

(2) Where a registered officer of a local authority ceases to hold his office for any cause other than misconduct, does not accept any other position service in which is capable of being reckoned under this Scheme and is not granted a lump sum and allowance under article 13, a gratuity under article 17 or 20 or a preserved lump sum and a preserved pension under article 21, the local authority shall return to him the contributions.

(3) (a) Where a registered officer of a local authority is removed from office for misconduct, other than in a case where he is immediately appointed to or employed in a position service in which is capable of being reckoned under this Scheme, the local authority shall have power at their discretion—

(i) in relation to a person who ceased to be a registered officer before the 1st day of January, 1986, to return to him the contributions or part thereof if they are of opinion that there are special reasons for so doing, and

(ii) in relation to a person who ceases to be a registered officer on or after the 1st day of January, 1986, to return to him the contributions or part thereof if they are of opinion that there are special reasons for so doing.

(b) Notwithstanding any other provision of this Scheme, there shall be no appeal as respects a decision of a local authority in respect of a case to which subparagraph (i) of paragraph (a) applies.

(4) A local auuthority shall with effect from the 1st day of November, 1979 return the contributions to a former officer of the local authority who ceased to hold office to take up a position, other than as an officer or employee of any other local authority, service in which is capable of being reckoned under this Scheme, where he subsequently ceases to hold such position for any cause other than misconduct and does not accept another position service in which is capable of being reckoned under this Scheme and, under the superannuation conditions then applicable to him, he is not granted a return of such contributions or any lump sum, allowance or gratuity or is not given the benefit of any preserved lump sum, allowance or gratuity.

(5) A local authority shall return the contributions to a person who makes the application provided for in article 21 (10).

(6) Where a local authority return the contributions or part thereof and the contributions includes a sum for contributions for superannuation made by the officer in question in respect of service which is capable of being reckoned under this Scheme and held by any other body, that body shall recoup such sum to the local authority.

(7) Where a body service under which is capable of being reckoned under this Scheme return contributions made for superannuation in respect of service which is capable of being reckoned under this Scheme and the amount returned includes a sum for contributions held by any local authority, that local authority shall recoup such sum to the body.

(8) Section 21 of the Finance Act, 1972 , as amended by section 18 of the Finance Act, 1973 , shall apply in relation to a return of contributions made under this article.

25 Repayment of returned contributions (registered officer).

25. (1) Where, after the contributions have been returned under section 24 of the Act of 1956 or article 24 to a pensionable officer or a registered officer of a local authority on his ceasing to be a pensionable officer or a registered officer or contributions have been returned to an officer under section 10 of the Asylum Officers' Superannuation Act, 1909 or to an officer under section 86 of the Act of 1945, he becomes employed, on or after the 27th day of May, 1977, in a position service in which is capable of being reckoned 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, he shall be entitled to repay to the local authority the amount so returned by them, together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and, if he does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.

(2) Where, contributions having been returned under section 32 of the Act of 1948 by a local authority to a person, he becomes employed, on or after the 27th day of May, 1977, in a position service in which is capable of being reckoned 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, he shall be entitled to repay to the local authority the amount so returned by them, together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and, if he does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.

(3) Where—

(a) a registered officer of a local authority has any period of service (other than as an officer or employee of a local authority) that would, if he made the repayment provided for by this sub-article, be capable of being reckoned under this Scheme, and

(b) contributions in respect of the service have been returned to him,

he shall be entitled to repay the amount so returned to the local authority together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and, if he does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.

(4) Where—

(a) a repayment has been made under this article to a local authority, and

(b) the case is one in which any lump sum, allowance or gratuity that might be granted by that local authority would be paid by another local authority,

the first-mentioned local authority shall transfer to the other local authority—

(i) in case the first-mentioned local authority are a vocational education committee—one-half of the repayment, and

(ii) in any other case—the whole of the repayment.

26 Exclusions from salary and emoluments.

26. (1) In this Part of this Scheme neither "salary" nor "emoluments" shall include any of the following:

( a ) payments for overtime,

( b ) travelling expenses,

( c ) payments for acting as superintendent registrar of births, deaths and marriages or as registrar of marriages,

( d ) payments for special work of a casual or temporary nature,

( e ) payments for filling a position temporarily unless the period for which the payments are made is two years or more reckoned back from cesser of office,

( f ) such perquisites in kind (or a monetary payment given in lieu of such perquisites) as may be specified by the Minister,

( g ) allowances to cover particular expenses or needs.

(2) The Minister may, if he thinks fit, direct that payments of a specified kind, being a kind mentioned in paragraph (a) or paragraph (g) of sub-article (1), shall be for the purposes of this Part of this Scheme part of the salary of a particular officer, of officers of a particular class or of every officer, and thereupon, notwithstanding sub-article (1), "salary" shall in this Part of this Scheme, include, as respects that officer, officers of that class or every officer (as may be appropriate) payments of that kind.

27 Calculation of pensionable remuneration of registered officer.

27. (1) A local authority shall from time to time determine the annual money value of every (if any) emolument, being any apartments, rations or other perquisites in kind, of a registered officer.

(2) The pensionable remuneration of a registered officer for the purposes of this Part of this Scheme shall be—

( a ) in case he has been an officer of a local authority during the whole of the relevant period and his salary has during the relevant period and the period (if any) thereafter ending on cesser of office, not changed otherwise than in accordance with changes applicable generally to the class, description or grade of officers to which he belonged at the expiration of the relevant period, or

( b ) in case—

(i) he dies, or

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

his annual rate of salary at the date of cesser of office together with the annual average of his emoluments (if any) in respect of the relevant period provided his pensionable remuneration would have been so determined if—

(I) in the case of paragraph (b) (i) he had continued in office until he attained the age-limit therefor, and

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

( c ) in any other case—

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

(A x B) + (C x D)

N   N

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,70

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 1,095 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 x B), of the value, + (E x F), in

  N       N

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

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

( c ) Where a registered officer ceased to hold his office or died in office and his salary at the date of cesser of office was one which was affected by paragraph 3I of the Proposals, or, had the Proposals been implemented on such date, his said salary would have been so affected, his salary for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding sub-article (2), be deemed to be the salary which would have been appropriate if 40 per cent. of the increase provided for in the relevant settlement, finding or offer had been payable from the effective date set out in such settlement, finding or offer.

( d ) In this sub-article—

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

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

(4) Where the officer has been an officer for part only of the relevant period and during the whole or part of the remainder of that period, he was an employee of a local authority, his wages as such employee shall, for the purposes of sub-article (2) (c), be regarded as salary.

(5) Notwithstanding any other provisions of this Scheme, in sub-article (2) "salary" and "emoluments" shall, in relation to any position not under a local authority service in which is capable of being reckoned under this Scheme, have the same meanings respectively as they have in the provisions relating to superannuation applicable to the position and, in addition, "salary" shall include remuneration of an employee in any such position.

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

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

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

(7) Notwithstanding the provisions of sub-article (2) (a), where a registered officer on or after the 10th day of January, 1984, ceases to hold office on reaching the age of sixty-five years, and within a period not exceeding three calendar months after such date, the salary for the class or grade of officers to which he belonged at the cesser of office is increased as a result of a general salary increase affecting all classes and grades of officers, then, if the Minister in his absolute discretion so determines, his salary shall, for the purposes of article 14 only, be deemed to be the salary which would have been appropriate had the increase in salary been applicable on the date the officer ceased to hold his office, provided that the officer is alive on the date the salary increase becomes effective.

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

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

28 Transitional provisions for Part II.

28. (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, opted, in writing, before the 30th day of June, 1978, to the local authority to have the 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 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 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) The following provisions shall have effect in relation to 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):

( 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 Act of 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 Act of 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 Act of 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 article 50 (2).

(4) The provisions of subsections (4), (5), (9), (10) and (11) of section 28 of the Act of 1956 shall apply as respects a registered officer to whom, immediately before he became a registered officer, such provisions applied.

(5) ( a ) No contribution under article 23 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.

( b ) No contribution under article 23 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 article 50 (5) (a) applied.

PART III REGISTERED EMPLOYEES

29 General limitations on service to be reckoned by registered employee.

29. (1) A provision of this Part of this Scheme entitling a registered employee to reckon as service any period shall be subject to the overriding qualification that he shall not be entitled so to reckon a particular period more than once nor shall he be entitled so to reckon any of the following:

( a ) (i) any period in respect of which he has already received a lump sum, an allowance or a gratuity under this Scheme or any other scheme relating to superannuation or under any Act relating to superannuation service for the purposes of which is capable of being reckoned under this Scheme, 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 been granted a preserved pension or preserved lump sum under any scheme or Act relating to superannuation,

( b ) any period in respect of which any contributions for superannuation have been returned to him, unless, having been entitled to repay such contributions, he has done so,

( c ) any period before a date on which he was discharged or removed from his position for misconduct or unfitness save—

(i) where he is immediately appointed to or employed in a position service in which is capable of being reckoned under this Scheme, the date of such appointment or employment not being earlier than the 1st day of January, 1968, or

(ii) as respects a person who is a registered employee on or after the 10th day of January, 1984, where he is either immediately or at a later date appointed to or employed in a position service in which is capable of being reckoned under this Scheme, and the local authority from whose service he was discharged or removed is satisfied that the service which he gave prior to such discharge or removal should be allowed to reckon,

( d ) subject to article 30 (2), any period of employment under a local authority during a local financial year, being the local financial year 1976 or any earlier local financial year, during which he had not two hundred or more service days, or, being the local financial year beginning on the 1st day of April, 1974 and ending on the 31st day of December, 1974, such number of service days as is specified in paragraph 19 (b) of the First Schedule to the Exchequer and Local Financial Years Act (Adaption of Enactments and Statutory Instruments) Order, 1974 ( S.I. No. 215 of 1974 ), or any period of employment under a local authority during a local financial year, being the local financial year 1977 or any subsequent local financial year prior to becoming a registered employee, during which he had not one hundred and thirty or more service days,

( e ) being a person entitled to reckon under this Scheme service which is not under a local authority, any period of that service which he would have been unable to reckon if he had continued to hold the position in which he had that service.

(2) The provisions of sub-article (1) (c) (ii) shall be applied as respects a registered employee who ceased to hold his employment before the 10th day of January, 1984, for the purpose of determining with effect from the said 10th day of January, the amount of an allowance pursuant to articles 36 and 38 or a preserved pension pursuant to article 44.

30 Application of certain provisions to registered employees.

30. (1) 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 his employing 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 per cent. of the aggregate of his wages and value of his emoluments, if any, for the period, together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest.

(2) Notwithstanding the provisions of article 29 (1) (d), a registered employee of a local authority shall be entitled to reckon as service any period of employment under a local authority referred to in the said provisions as follows:—

( a ) (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, other than by virtue of article 21 of the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986 ( S.I. No. 363 of 1986 ), and he (or his legal personal representative on his behalf) gives notice in writing to his employing local authority before the 30th day of November, 1981 that his service days of less than two hundred in the local financial year 1976 or in any earlier local financial year, or, being the local financial year beginning on the 1st day of April, 1974 and ending on the 31st day of December, 1974, such number of service days as is specified in paragraph 19 (b) of the First Schedule to the Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order, 1974 ( S.I. No. 215 of 1974 ), should be reckonable, service days in any such period shall be reckonable as service, subject to payment of contributions as provided for in sub-article (3) (a);

(ii) in case he becomes a registered employee on a date subsequent to the 31st day of December, 1980, and he (or his legal personal representative on his behalf) gives such notice in writing to his employing 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 sub-article (3) (a);

(iii) in case he becomes a registered employee by virtue of article 21 of the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986 ( S.I. No. 363 of 1986 ), and he (or his legal personal representative on his behalf) gives such notice in writing to his employing local authority before the 30th day of November, 1986, service days in any such period shall be reckonable as service, subject to payment of contributions as provided for in sub-article (3) (a),

( b ) (i) in case he becomes a registered employee on or before the 31st day of December, 1982, other than by virtue of article 21 of the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986 ( S.I. No. 363 of 1986 ), and he (or his legal personal representative on his behalf) gives notice in writing to his employing 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 sub-article (3) (b);

(ii) in case he 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 his employing 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 sub-article (3) (b);

(iii) in case he becomes a registered employee by virtue of article 21 of the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986 ( S.I. No. 363 of 1986 ), and he (or his legal personal representative on his behalf) gives such notice in writing to his employing local authority before the 30th day of November, 1986, service days in any such period shall be reckonable as service, subject to payment of contributions as provided for in sub-article (3) (b),

( c ) where in any case specified in paragraph (a) or (b) a local authority have failed to notify a registered employee in writing of the service days which may be reckoned by him under this sub-article, the Minister may extend the date by which notice in writing is required to be given to such local authority by him or on his behalf.

(3) ( a ) The amount of the contributions referred to in sub-article (2) (a) shall be 4 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 Act 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 Act of 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.

( b ) The amount of the contributions referred to in sub article (2) (b) shall be determined as that rate per cent. which applies to such employee pursuant to article 45 of the aggregate of his wages and the value of his emoluments, if any, for the period.

(4) ( a ) A contribution under sub- article (3) (a) or (3) (b) shall be paid by means of weekly deductions from the employee's wages of not less than 1 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,

(ii) in the case of an employee referred to in sub-article (2) (b) (i)—a date not later than the 1st day of January, 1984,

(iii) in the case of an employee referred to in sub-article (2) (a) (ii) or (2) (b) (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 (2) (b) (ii), and

(iv) in the case of an employee referred to in sub-article (2) (a) (iii) or (2) (b) (iii)—a date not later than the 1st day of January, 1987,

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 (3) (a) or (3) (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 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 (3) 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 article 57.

( d ) The provisions of article 45 (4) shall apply in relation to contributions received under this article.

31 Reckoning wholetime service of registered employee

31. (1) A registered employee of a local authority shall be entitled to reckon as service any of the following:

( a ) service as a pensionable servant or as a registered employee of the local authority or of any other local authority,

( b ) service as a pensionable officer or as a registered officer of the local authority or of any other local authority, subject to the proviso that any period during which he shared a wholetime office under an approved job-sharing scheme shall be reckoned as one-half of that period,

( c ) service during which he was a mental hospital employee or mental hospital officer and which he was entitled to reckon as service for the purposes of Part VIII of the Act of 1945, or any earlier enactment corresponding to the said Part VIII,

( d ) service in a pensionable position under a harbour authority,

( e ) (i) service which is reckonable for the purposes of the Superannuation Acts, being service continuous with subsequent service as a pensionable servant or pensionable officer or as a registered employee or registered officer of the local authority or any other local authority or with subsequent service in a position in which service for the purposes of those Acts is reckonable,

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

( f ) service (to such extent as the Minister either generally or in any particular case may approve) in a pensionable position under a body approved of by the Minister for the purposes of this paragraph on the basis of being a body granting pension rights such that they and the pension rights provided for by this Scheme are reciprocal generally,

( g ) service with the Defence Forces as respects which and to the extent to which the Minister, after consultation with the Minister for Defence, considers that it would have been service as an employee of a local authority but for its being service with the Defence Forces,

( h ) not more than two years' emergency military service, not being service referred to in paragraph (g), where for such period the person—

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

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

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

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

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

(A) dismissed with ignominy from the Defense Forces, or

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

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

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

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

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

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

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

(2) In paragraphs (a) and (e) of sub-article (1) "service as a pensionable servant or as a registered employee" shall be deemed to include—

(i) service (being service which, apart from this sub-article, would not be service as a pensionable servant or as a registered employee) as an employee of a local authority which is service that the employee would have been entitled to reckon for superannuation purposes if he had continued to be such employee,

(ii) any period of employment, being before the commencement of Part III of the Act of 1956 in relation to the local authority and not being any period which he is entitled to reckon under sub-article (6), under that or any other local authority during a local financial year in which he had two hundred or more service days, or, being the local financial year beginning on the 1st day of April, 1974 and ending on the 31st day of December, 1974, such number of service days as is specified in paragraph 19 (c) of the First Schedule to the Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order, 1974 ( S.I. No. 215 of 1974 ),

(iii) any period of employment under that or any other local authority in the local financial year from the commencement of which his name was entered in the register of a local authority or was deemed to have been in the register of that local authority or of any other local authority pursuant to subsection (6), (7) or (8) of section 30 of the Act of 1956,

(iv) any period of employment under that or any other local authority of not less than one hundred and thirty service days in the local financial year from the expiration of which or, regard being had to article 4 (3) (c), during the course of which his name was entered in Part II of the Register.

(3) ( a ) For the purposes of paragraph (a) of sub-article (1) and that paragraph as extended by sub-article (2) (but not for the purposes of that paragraph as extended by sub-article (6) as respects that extension), a person shall be deemed to have service on service days only (disregarding where the service days in a particular local financial year exceed—

(i) in relation to the local financial year beginning on the 1st day of April, 1974 and ending on the 31st day of December, 1974—such number of service days as is specified in paragraph 19 (d) of the First Schedule to the Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order, 1974 ( S.I. No. 215 of 1974 ),

(ii) in relation to the local financial year 1976 or any earlier local financial year, other than the local financial year referred to in subparagraph (i)—three hundred, and

(iii) in relation to the local financial year 1977 or any subsequent local financial year—two hundred and fifty,

the excess service days) and the aggregate of those days shall be expressed in terms of years by dividing such aggregate by three hundred or, in relation to the local financial year 1977 or any subsequent local financial year 1977, two hundred and fifty.

( b ) Notwithstanding the provisions of paragraph (a), the aggregate of days to be expressed in terms of years by dividing by two hundred and fifty shall be reduced by one-half before such division for any period during which the employee shared wholetime employment with another employee under an approved job-sharing scheme.

(4) Where, as respects a registered employee,—

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

( b ) the period specified in paragraph (a) was at any time succeeded by a period of service in a position service in which is, apart from sub-article (7), capable of being reckoned by him under this Scheme,

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

(5) Where, as respects a registered employee,—

( a ) he had—

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

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

( b ) the periods specified in paragraph (a) were at anytime succeeded by a period of service in a position service in which is capable of being reckoned under this Scheme,

such person shall, as respects the periods specified in paragraph (a), be entitled to reckon them as service.

(6) In paragraphs (a) and (e) of sub-article (1) "service as a pensionable servant or as a registered employee" shall be deemed to include any period of service as an employee under the local authority or any other local authority which the employee was entitled to reckon for superannuation purposes under any Act passed before the Act of 1948 and relating to superannuation which applied to him (including, notwithstanding article 29 (1) (d), any such period during a local financial year during which he had not two hundred or more service days).

(7) In paragraphs (b) and (e) of sub-article (1) "service as a pensionable officer or as a registered officer" shall be deemed to include service—

( a ) which, at any time before the commencement of Part III of the Act of 1956, the officer was entitled to reckon under Part II of the Act of 1948 (for this purpose subsection (1) of section 13 of the Act of 1948 being regarded as having been enacted without paragraph (b)),

( b ) which the officer would, at any time before the commencement of Part III of the Act of 1956, have been entitled to reckon under Part II of the Act of 1948 if section 18 of that Act had been enacted with paragraph (b) omitted therefrom, or

( c ) which at any time before the commencement of Part III of the Act of 1956 he was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him.

(8) Where the records of the service before the 1st day of April, 1948, of a registered employee are incomplete, the local authority may, if they so think fit, take as his period of service a period determined on the assumption that his service record as respects the period covered by records and his service record as respects the period not covered by records are similar.

(9) For the purposes of paragraph (h) of sub-article (1)—

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

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

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

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

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

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

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

(10) Notwithstanding the provisions of section 63 (5) of the Act of 1945, a registered employee to whom the provisions of that section apply may elect to have the provisions of sub-article (5) applied to him in lieu of the provisions of the said section 63 (5).

32 Reckoning part-time service of registered employee.

32. (1) Subject to sub-articles (2) and (6), where 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—

( a ) where he ceased to be a registered employee before the 10th day of January, 1984, provided he ceased to be fully insured on becoming a pensionable officer or pensionable servant or a registered officer or registered employee, or

( b ) where he is a registered employee on or after the 10th day of January, 1984,

be entitled to reckon the part-time service as service, as follows:

(i) 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

(ii) 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 ) Part-time service as a vocational school teacher shall be reckoned only in each school year where the employee had—

(i) 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.

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

(3) Where 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 5 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 3 per cent. in the case of a registered employee to whom the provisions of article 45 (5) apply.

(4) Where a registered employee 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 Act 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 article 45(5) apply, 3 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 1½ per cent. of the aggregate wages and of the aggregate value of emoluments, if any, received by him in respect of such period.

(5) A registered employee to whom the provisions of sub-article (3) or (4) applies, shall contribute to his employing local authority in accordance with the provisions of the said sub-article (3) or (4), as appropriate, together with, in each case where the contribution is not paid within twelve months of the date of notification to him by the local authority of the amount of such contribution, being a date not earlier than the 1st day of January, 1986, an additional sum, calculated on a basis to be determined by the Minister in respect of compound interest, to accrue from the date of such notification to the date of payment of the contribution.

(6) The provisions of this article shall not apply as respects a period of part-time service given as a pensionable officer or as a registered officer.

(7) 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.

(8) ( a ) The provisions of sub-articles (3) and (4) of article 45 shall apply in relation to contributions paid pursuant to sub-articles (3) and (4).

( b ) Save where an agreement pursuant to article 57 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.

(9) The provisions of sub-article (1) (b) shall be applied for the purposes of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to articles 36 and 38 or a preserved pension pursuant to article 44 in relation to a registered employee who ceased to hold his employment before the 10th day of January, 1984.

33 Pensionable local service of registered employee.

33. (1) ( a ) For the purposes of this Scheme, the pensionable local service of a registered employee at any time shall, subject to sub-article (3)(b), be the period or the aggregate of the periods which under this Part of this Scheme 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 an employee 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 given on or after the 1st day of January, 1977—A/250;

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

(2) Notwithstanding sub-article (1) and subject to sub-article (3) (a), where the period or the aggregate of the periods which under this Part of this Scheme a registered employee who is a fire brigade employee or whose name is entered in a register maintained under section 65 of the Act of 1945 is entitled to reckon as service is more than twenty years, then, for the purposes of this Part of this Scheme, the pensionable local service of such employee shall be that period or aggregate together with the excess of that period or aggregate over twenty years.

(3) ( a ) Where a registered employee who becomes a fire brigade employee or whose name is entered in a register maintained under section 65 of the Act of 1945, on or after the 1st day of January, 1986, had a period or periods of service other than as a fire brigade employee or as an employee whose name was entered in the said register maintained under section 65 of the Act of 1945, or in a position in respect of which he was not otherwise eligible for enhanced credit under a provision which corresponds to sub-article (2) which he is entitled to reckon as service under this Part of this Scheme, then for the purposes of this Part of this Scheme, such service shall either—

(I) be reduced by one-quarter before the provisions of sub-article (2) are applied to him, or

(II) be reckoned at its actual length, in which case the provisions of sub-article (2) shall not apply,

whichever is the more favourable to him.

( b ) Where a registered employee, not being a fire brigade employee or an employee whose name is entered in a register maintained under section 65 of the Act of 1945, had a period or periods of service which he is entitled to reckon as service under this Part of this Scheme during which he was a fire brigade employee or his name was entered in a register maintained under section 65 of the Act of 1945, or he was otherwise eligible for enhanced credit under a provision which corresponds to sub-article (2). such service shall, where the last such period ended on or after the 1st day of January, 1986, be increased by one-third for the purposes of sub-article (1).

34 Addition to pensionable local service of registered employee.

34. (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 articles 37 and 38:

(i) where his pensionable local service is not less than five years, and less 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 sixty-fifth birthday,

whichever is the less;

(ii) where his pensionable local service is not less than ten years, and less 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 sixty-fifth birthday, whichever is the less, or

(II) six and two-third years, or a period equivalent to the additional period of pensionable local service which the employee would have had if he had served in the 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 of more, the period which may be added shall be—

(I) six and two-third years, 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 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 of 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.

35 Service of registered employee at termination of employment.

35. For the purposes of this Part of this Scheme, the service of a registered employee at the termination of his employment shall be his pensionable local service together with any additional years added under article 34.

36 Grant of lump sum and allowance to registered employee on his ceasing to hold employment.

36. (1) Where—

( a ) a registered employee of a local authority ceases to hold his employment and is not employed in another position service in which is capable of being reckoned under this Scheme, and

( b ) the local authority either are of opinion that he has served in such 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 lump sum and allowance,

the local authority shall grant him a lump sum and allowance in any of the cases specified in sub-article (2).

(2) The cases referred to in sub-article (1) are the following:

( a ) where the employee has ceased to hold his employment otherwise than by being discharged for misconduct or unfitness and—

(i) he has attained the age of sixty years and has not less than five years of pensionable local service,

(ii) he is a fire brigade employee or his name is entered in a register maintained under section 65 of the Act of 1945, has attained the age of fifty-five years and has not less than five years of pensionable local service, or

(iii) he has become incapable of performing his duties by reason of permanent infirmity of mind or body and has not less than five years of pensionable local service;

( b ) where the employee has ceased to hold his employment on account of having attained the age-limit therefor and has not less than five years of pensionable local service.

37 Determination of lump sum granted to registered employee.

37. The amount of the lump sum to be granted under article 36 to a registered employee on his ceasing to hold his employment shall be equal to—

( 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.

38 Determination of allowance granted to registered employee.

38. (1) Subject to sub-article (2), the allowance to be granted under article 36 to a registered employee on his ceasing to hold employment shall be either—

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

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

whichever is the less.

(2) 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 34, to be granted to a registered employee under sub-article (1) 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.

(3) ( a ) Where a registered employee 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 sixty years,

with entitlement to an allowance under sub-article (1), reduced as provided for in sub-article (2), 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 sub-article (1) if the reduction provided for in sub-article (2) had not applied to him, exceeds the allowance payable to him pursuant to sub-article (1) and (2), 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.

(4) In this article—

"disability benefit" means the Disability Benefit provided for in Chapter 2 of Part II of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

"invalidity pension" means the Invalidity Pension provided for in Chapter 10 of Part II of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

"old age contributory pension" means the Old Age (Contributory) Pension provided for in Chapter 7 of 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 Chapter 8 of Part II of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

"unemployment benefit" means the Unemployment Benefit provided for in Chapter 4 of Part II of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981).

39 Reduction of lump sum and allowance of registered employee for unsatisfactory service.

39. (1) Where a local authority decide under article 36 that a registered employee shall be granted a reduced lump sum and allowance the following provisions shall apply:

(a) subject to the provisions of sub-article (2), as respects a person who ceased to hold his employment as a registered employee before the 10th day of January, 1984, the amount of the lump sum and the rate per week of the allowance granted to him under article 36 shall be reduced below the amount and rate that would be appropriate therefor under articles 37 and 38 and to an extent not less than 50 per cent., and

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

(i) where there is a loss of funds to the local authority for which the person is culpable, the amount of the lump sum that would be appropriate under article 37 shall be reduced by such amount and, in addition, where the amount of the loss of funds is greater than the amount of the lump sum, payment of the allowance that would be appropriate under article 38 shall be suspended until such time as the total loss is recovered by the local authority,

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

(2) Where it is favourable to him, the provisions of sub-article (1) (b) shall be applied in relation to a registered employee who was granted a reduced lump sum and allowance under article 36 and who ceased to hold his employment before the 10th day of January, 1984, with effect from the 10th day of January, 1984, or where it is a case referred to in sub-article (1) (b) (i), from a date, not earlier than the 10th day of January, 1984, on which the total loss of funds is recovered by the local authority, for the purpose of determining the rate of allowance under article 38.

40 Grant of short service gratuity to registered employee.

40. (1) Subject to sub-article (2), where a registered employee of a local authority 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 sub-article (1) 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.

41 Grant of gratuity in respect of deceased registered employee.

41. (1) Where a registered employee of a local authority dies in his employment the local authority 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 article 36 if he had retired on the date of death by reason or permanent infirmity of mind or body,

whichever is the greater.

(2) Notwithstanding the provisions of sub-article (1), the gratuity may, as respects a registered employee who dies in his employment on or after the 1st day of January, 1986 and who is married at the date of death, be granted at the discretion of the local authority to the widow or widower, as appropriate.

42 Grant of gratuity in respect of deceased grantee under article 36.

42. Where a person, who was a registered employee of a local authority and who was granted under article 36 a lump sum and allowance on his ceasing to hold his employment, dies before the total of all sums received by him on foot of the lump sum and allowance is equal to his pensionable remuneration multiplied by fifty-two, the local authority shall grant to his legal personal representative, or, if he dies on or after the 1st day of January, 1986, at the discretion of the local authority, to the widow, widower or legal personal representative, as appropriate, a gratuity equal to the difference between the said total amount and the said pensionable remuneration multiplied by fifty-two.

43 Grant of gratuity to female registered employee on marriage.

43. (1) Where a female registered employee resigns from employment with a local authority and—

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

(b) she continued to be 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 in her employment with diligence and fidelity and to their satisfaction, the local authority shall grant her a gratuity of an amount equal 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 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—

(A) as respects a person who ceased to be a female registered employee before the 10th day of January, 1984, to such extent, not less than 50 per cent., as they consider proper, and

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

(i) where there is a loss of funds to the local authority for which the person is culpable, by such amount,

(ii) in any other case, by such amount as the local authority in the special circumstances of the case consider proper;

(III) notwithstanding the provisions of clauses (I) and (II), where a female 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 article 45 subsequent to such date shall be returned to her;

(IV) notwithstanding the provisions of clauses (I) and (II), where a female 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 article 45 subsequent to such later date shall be returned to her.

(2) Where a female person became a registered 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 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 employee who was already married before becoming 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 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 44 in lieu of the said gratuity.

44 Grant of preserved benefits to registered employee.

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

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

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

(c) on becoming employed in another position service in which is capable of being reckoned under this Scheme,

and the local authority either are of opinion that in general he has served 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 should be granted in respect of him, they shall, on application by him, grant a preserved pension and preserved lump sum to him—

(i) in case he has ceased to hold his employment and the local authority at any time decide that he would have ceased to hold his employment because of permanent infirmity of mind or body if he had remained in such employment after the date he ceased to hold the employment, with effect from the 10th day of January, 1984 or the date on which the decision is made, whichever is the later,

(ii) in any other case—with effect from the date he attains sixty years of age,

or, if he dies before attaining sixty years of age and a decision under subparagraph (i) has not been made in respect of him, they shall grant a preserved death gratuity to his legal personal representative, or, if he dies on or after the 1st day of January, 1986, at the discretion of the local authority, to the widow, widower or legal personal representative, as appropriate, on application by the widow, widower or legal personal representative.

(2) (a) Notwithstanding the provisions of article 45 (3), where a registered employee of a local authority ceases to hold his employment with entitlement to a preserved lump sum and preserved 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 preserved pension or preserved death gratuity arising under sub-article (1).

(b) Where contributions fall to be recovered from a preserved lump sum and preserved 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 preserved pension pursuant to sub-article (1) (i)—the effective date of such award,

(ii) in case he is awarded a preserved lump sum and preserved pension pursuant to sub-article (1) (ii)—the date he attains sixty years of age, or

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

(3) A preserved pension or a preserved lump sum shall not be paid to a person in a case referred to in sub-article (1) (i) unless the local authority are satisfied that the person is incapable from infirmity of mind or body of discharging the duties of the employment which he held and that the infirmity is permanent and unless the person gives to the local authority a certificate of a registered medical practitioner specifying the nature of the infirmity, the extent to which the person is incapacitated and stating the opinion of the registered medical practitioner as to the permanency of the incapacity.

(4) Where a preserved pension is granted to a person in the circumstances described in sub-article (1) (i), the local authority may, at any time after the award of the pension and before the date on which the person attains sixty years of age, review or further review the matter and upon such a review or further review—

(a) in case such pension is being paid and the said local authority is satisfied that, had the application been made on the date of the review (or further review), such application would not have been allowed, the local authority shall grant no further payments of the pension until the person attains sixty years of age, or

(b) in case payment of the pension has for the time being ceased in accordance with paragraph (a), and the said local authority are satisfied that, had such application been made at the date of the further review the application would have been allowed, payment of the pension shall be recommenced.

(5) (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, or in case such pension is awarded under sub-article (1) (i), prior to the effective date of payment of such pension, of 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, or in case such lump sum is awarded under sub-article (1) (i), prior to the effective date of payment of such lump sum, of 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 his pensionable remuneration of his last service day multiplied by fifty-two, multiplied by his pensionable local service, or by forty years, whichever is the less.

(6) 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 the following provisions shall apply:

(a) as respects a person who ceased to hold employment before the 10th day of January, 1984, the amount of the preserved lump sum and the rate per annum of the preserved pension granted under sub-article (1) shall be reduced below the amount and rate that would be appropriate under sub-article (5) (a) and (5) (b) and to an extent not less than 50 per cent.,

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

(i) where there is a loss of funds to the local authority for which the person is culpable, the amount of the preserved lump sum that would be appropriate under sub-article (5) (b) shall be reduced by such amount, and, in addition, where the amount of the loss of funds is greater than the amount of the preserved lump sum, payment of the preserved pension that would be appropriate under sub-article (5) (a) shall be suspended until such time as the total loss is recovered by the local authority,

(ii) in any other case, the preserved lump sum and preserved pension shall be reduced by such amount as the local authority in the special circumstances of the case consider proper, and

( c ) where it is favourable to him, the provisions of subparagraph (b) shall be applied in relation to a registered employee who was granted a reduced preserved lump sum and a reduced preserved pension and who ceased to hold his employment before the 10th day of January, 1984, with effect from the 10th day of January, 1984, or where it is a case referred to in subparagraph (b) (i), from a date, not earlier than the 10th day of January, 1984, on which the total loss of funds is recovered by the local authority, for the purpose of determining the rate of preserved pension.

(7) 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.

(8) 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 this Scheme, not being a person referred to in sub-article (7), 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.

(9) Where a person resigns from a local authority with an entitlement to benefit under sub-article (1) he may, in writing, waive such entitlement and apply to the local authority to have his superannuation contributions returned to him under article 46 (5); upon receipt of such application the local authority shall return such contributions to such person and the local authority shall not grant any benefit under this Scheme to, or in respect of, him.

45 Contributions by registered employees.

45. (1) ( a ) Subject to the provisions of articles 30 and 32 and to the following provisions of this article, a registered employee of a local authority who—

(i) is not fully insured, and

is not an employee to whom sub-article (5) applies,

shall, subject to paragraph (c), contribute to such local authority at the rate of 5 per cent. of his weekly rate of wages and the weekly value of his emoluments.

( b ) Subject to the provisions of articles 30 and 32 and to the following provisions of this article, a registered employee of a local authority who—

(i) is fully insured, and

(ii) is not an employee to whom sub-article (5) applies,

shall, subject to paragraph (c), contribute to such local authority at the rate of—

(I) three and one-half per cent. of the amount by which his weekly rate of wages and the weekly value of his emoluments, taken together, exceed—

(A) as respects a person who is sharing wholetime employment with one other employee under an approved job-sharing scheme—the personal weekly rate of old age contributory pension,

(B) in any other case—twice the personal weekly rate of old age contributory pension, and

(II) one and one-half per cent. of his weekly rate of wages and the weekly value of his emoluments.

( c ) Notwithstanding paragraphs (a) and (b), there shall be no contributions in respect of a period in respect of which he had neither wages nor emoluments or in respect of which he was paid compensation under the Workmen's Compensation Acts, 1934 to 1955, as continued by section 69 of the Social Welfare (Consolidation) Act, 1981 , by such local authority or in respect of a period in respect of which he was paid injury benefit or disablement benefit under Chapter 5 of Part II of the Social Welfare (Consolidation) Act, 1981 , if the accident occurred (or, as the case may be, the injury was sustained or the disease was contracted) on a day such as is referred to in paragraph (a) of the definition of "service day" contained in article 3 and if, in the case of a period in respect of which he was paid disablement benefit, he was, during it, incapable of work or unable, solely because of the said accident, injury or disease, to work in the manner referred to in the said paragraph (a).

(2) ( a ) A registered employee who, pursuant to article 31 (5), becomes entitled to reckon a period or periods of wholetime service as a temporary officer of a local authority shall contribute to his employing local authority for the purposes of the said article 31 (5) at the rate of—

(i) two and one-half per cent. of the aggregate salary and value of his emoluments, if any, which he received for so much of such period or periods as occurred between the 1st day of April, 1948 and the 31st day of December, 1985, and

(ii) five per cent. of the aggregate salary and value of his emoluments, if any, which he received for so much of such period or periods as occurred on or after the 1st day of January, 1986,

together with, in each case where the contribution is not paid within twelve months of the date of notification to him by the local authority of the amount of such contribution, being a date not earlier than the 1st day of January, 1986, an additional sum, calculated on a basis to be determined by the Minister in respect of compound interest, to accrue from the date of such notification to the date of payment of the contribution.

( b ) Contributions as provided for in sub-article (1) shall be payable by a registered employee in respect of service which he becomes entitled to reckon pursuant to article 31 (2) (iv) in such manner as may be specified by the local authority, with the consent of the Minister.

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

(3) The contribution to be made by a registered employee of a local authority under this article may be obtained by such local authority by means of periodical deductions from his wages and emoluments, but, if any such deduction proper to be made by a local authority from his wages and emoluments is not made, such 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 gratuity or allowance payable by them to, or in respect of, him.

(4) Where, under article 54, lump sums, allowances or gratuities granted by a local authority are paid by another local authority, the first-mentioned local authority shall transfer from time to time (but not less frequently than once in each quarter) to the other local authority—

( a ) in case the first-mentioned local authority are a vocational education committee—one-half of all sums received by them by way of contribution under this article, and

( b ) in any other case—the whole of all such sums.

(5) ( a ) in the case of a person—

(i) whose name was entered under subsection (5) of section 30 of the Act of 1956 by a mental hospital authority in the register maintained under the said section 30, or

(ii) whose name is entered in Part II of the Register by virtue of article 50 (2),

the references to 5 per cent. in sub-article (1) (a) and to 3½ per cent. and 1½ per cent. in sub-article (1) (b) shall, until the expiration of his continuous period of being an employee of a local authority beginning on the commencement of section 41 of the Mental Treatment Act, 1961 , be construed as a reference to—

(I) in the case of a registered employee who is not fully insured—3 per cent. of his weekly rate of wages and the weekly value of his emoluments, and

(II) in the case of a registered employee who is fully insured—2 per cent. of the amount by which his weekly rate of wages and the weekly value of his emoluments, taken together, exceed—

(A) as respects a person who is sharing wholetime employment with one other employee under an approved job-sharing scheme—the personal weekly rate of old age contributory pension,

(B) in any other case, 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.

( b ) In the case of a person whose name was entered otherwise than under subsection (5) of section 30 of the Act of 1956 by a mental hospital authority, as from the expiration of a continuous period of such person's being a mental hospital officer which began on the commencement of section 41 of the Mental Treatment Act, 1961 , and—

(i) as from the commencement of which such person's name was entered under subsection (5) of section 7 of the Act of 1956, or

(ii) not having been so entered, his name was entered in Part I of the Register by virtue of article 28(2),

the references to 5 per cent. in sub-article (1) (a) and to 3½ per cent. and 1½ per cent. in sub-article (1) (b) shall, until the expiration of his continuous period of being an employee of a local authority beginning at the time as from which the mental hospital authority entered his name in the register, be construed as a reference to—

(I) in the case of a registered employee who is not fully insured—3 per cent. of his weekly rate of wages and the weekly value of his emoluments, and

(II) in the case of a registered employee who is fully insured—2 per cent. of the amount by which his weekly rate of wages and the weekly value of his emoluments, taken together, exceed,—

(A) as respects a person who is sharing wholetime employment with one other employee under an approved job-sharing scheme—the personal weekly rate of old age contributory pension,

(B) in any other case, 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.

46 Return of contributions to registered employees

46. (1) In this Part of this Scheme "the contributions" means, in relation to a registered employee, the aggregate amount of his contributions for superannuation in respect of service which is capable of being reckoned under this Scheme.

(2) Where a registered employee of a local authority 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 Scheme and is not granted a lump sum and allowance under article 36, a gratuity under article 40 or 43 or a preserved lump sum and preserved pension under article 44, the local authority shall return to him the contributions.

(3) ( a ) Where a registered employee of a local authority is discharged for misconduct other than in the case where he is immediately appointed to or employed in a position service in which is capable of being reckoned under this Scheme, the local authority shall have power at their discretion—

(i) in relation to a person who ceased to be a registered employee before the 1st day of January, 1986, to return to him the contribution or part thereof if they are of opinion that there are special reasons for so doing, and

(ii) in relation to a person who ceases to be a registered employee on or after the 1st day of January, 1986, to return to him the contributions or part thereof if they are of opinion that there are special reasons for so doing.

( b ) Notwithstanding any other provision of this Scheme, there shall be no appeal as respects a decision of a local authority in respect of a case to which subparagraph (i) of paragraph (a) applies.

(4) A local authority shall with effect from the 1st day of November, 1979 return the contributions to a former employee of the local authority who ceased to hold his employment to take up a position, other than as an employee or officer of any other local authority, service in which is capable of being reckoned under this Scheme, where he subsequently ceases to hold such position for any cause other than misconduct and does not accept another position service in which is capable of being reckoned under this Scheme and, under the superannuation conditions then applicable to him, he is not granted a return of such contributions or any lump sum, allowance or gratuity or is not given the benefit of any preserved lump sum, allowance or gratuity.

(5) A local authority shall return the contributions to a person who makes the application provided for in article 44 (9).

(6) Where a local authority return the contributions or part thereof and the contributions includes a sum for contributions for superannuation made by the employee in question in respect of service which is capable of being reckoned under this Scheme and held by any other body, that body shall recoup such sum to the local authority.

(7) Where a body service under which is capable of being reckoned under this Scheme return contributions made for superannuation in respect of service which is capable of being reckoned under this Scheme and the amount returned includes a sum for contributions held by any local authority, that local authority shall recoup such sum to the body.

(8) Section 21 of the Finance Act, 1972 , as amended by section 18 of the Finance Act, 1973 , shall apply in relation to a return of contributions made under this article.

47 Repayment of returned contributions (registered employee).

47. (1) Where, after the contributions have been returned under section 44 of the Act of 1956 or article 46 to a pensionable servant or a registered employee of a local authority on his ceasing to be a pensionable servant or a registered employee or contributions have been returned to an employee under section 10 of the Asylum Officers' Superannuation Act, 1909 or to an employee under section 86 of the Act of 1945, he becomes employed, on or after the 27th day of May, 1977, in a position service in which is capable of being reckoned 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, he shall be entitled to repay to the local authority the amount so returned by them, together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and, if he does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.

(2) Where, contributions having been returned under section 57 of the Act of 1948 by a local authority to a person, he becomes employed, on or after the 27th day of May, 1977, in a position service in which is capable of being reckoned 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, he shall be entitled to repay to the local authority the amount so returned by them, together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and, if he does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.

(3) Where—

( a ) a registered employee of a local authority has any period of service ( other than as an employee or officer of a local authority) that would, if he made the repayment provided for by this sub-article, be capable of being reckoned under this Scheme, and

( b ) contributions in respect of that service have been returned to him,

he shall be entitled to repay the amount so returned to the local authority, together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and, if he does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.

(4) Where—

( a ) a repayment has been made under this article to a local authority, and

( b ) the case is one in which any allowance or gratuity that might be granted by that local authority would be paid by another local authority,

the first-mentioned local authority shall transfer to the other local authority—

(i) in case the first-mentioned local authority are a vocational education committee—one-half of the repayment, and

(ii) in any other case—the whole of the repayment.

48 Exclusions from wages and emoluments.

48. (1) In this Part of this Scheme neither "wages" nor "emoluments" shall include any of the following:

( a ) payments for overtime,

( b ) travelling expenses,

( c ) payments for special work of a casual or temporary nature,

( d ) payments for filling a position temporarily unless the period for which the payments are made comprises five hundred or more service days reckoned back from termination of employment,

( e ) allowances to cover particular expenses or needs,

( f ) such perquisites in kind (or a monetary payment given in lieu of such perquisites) as may be specified by the Minister.

(2) The Minister may, if he thinks fit, direct that payments of a specified kind, being a kind mentioned in paragraph (a) or paragraph (e) of sub-article (1), shall be for the purposes of this Part of this Scheme part of the wages of a particular employee, of employees of a particular class or of every employee, and thereupon, notwithstanding sub-article (1), "wages" shall in this Part of this Scheme, include, as respects that employee, employees of that class or every employee (as may be appropriate), payments of that kind.

49 Calculation of pensionable remuneration of registered employee

49. (1) A local authority shall from time to time determine the weekly money value of every (if any) emolument, being any apartments, rations or other perquisites in kind, of a registered employee.

(2) The pensionable remuneration of a registered employee for the purposes of this Part of this Scheme shall be—

( a ) in case he has been an employee of a local authority during the whole of the relevant period or during so much of that period as he is entitled to reckon as service and, at the expiration of the relevant period, his rate of wages is a rate of wages that has not changed during the relevant period otherwise than in accordance with changes applicable generally to the class, description or grade of employees to which he belonged at the expiration of the relevant period, or

( b ) in case—

(i) he dies, or

(ii) he ceases to hold his employment because of his having become incapable of performing his duties by reason of permanent infirmity of mind or body,

his weekly rate of wages at the expiration of the relevant period together with the weekly average of his emoluments (if any) in respect of that period provided his pensionable remuneration would have been so determined if—

(I) in the case of paragraph (b) (i) he had continued in employment until he attained the age of sixty-five years, and

(II) in the case of paragraph (b) (ii) he had continued in employment until he attained the minimum retiring age therefor, or

( c ) in any other case—

the uprated average weekly rate of his wages during the relevant period determined in accordance with the formula set out in the table hereto together with the weekly average of his emoluments (if any) during that period.

TABLE

(A x B) + (C x D)

N   N

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 1,095 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 thevalue , of the value, + , 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) ( a ) Where a registered employee ceased to hold his employment or died in his employment during the period beginning on the 1st day of October, 1982 and ending on the 31st day of December, 1982, and his rate of wages at the date of cesser of his employment was one which was affected by paragraph 1 of the Proposals, his rate of wages for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding sub-article (2), be deemed to be the rate of wages which would have been appropriate had payment of the third phase of the increase provided for in Clause 2 of the Public Service Pay Agreement not been postponed by the said paragraph 1 to the 1st day of January, 1983.

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

( c ) Where a registered employee ceased to hold his employment or died in his employment and his rate of wages at the date of cesser of his employment was one which was affected by paragraph 3I of the Proposals, or, had the Proposals been implemented on such date, his said rate of wages would have been so affected, his rate of wages for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding sub-article (2), be deemed to be the rate of wages which would have been appropriate if 40 per cent. of the increase provided for in the relevant settlement, finding or offer had been payable from the effective date set out in such settlement, finding or offer.

( d ) in this sub-article—

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

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

(4) Where the employee has been an employee for part only of the relevant period and, during the whole or part of the remainder of that period, he was an officer of a local authority, his salary as such officer shall, for the purposes of sub-article (2) (c), be regarded as wages.

(5) Notwithstanding any other provisions of this Scheme, in sub-article (2) "wages" and "emoluments" shall, in relation to any position not under a local authority service in which is capable of being reckoned under this Scheme, have the same meanings respectively as they have in the provisions relating to superannuation applicable to the position and, in addition, "wages" shall include remuneration of an officer in any such position.

(6) ( a ) In this article "the relevant period" means—

(i) in case the first day of the service of the employee capable of being reckoned under this Scheme was less than three years before his last service day—the period beginning on the commencement day and ending on his last service day, and

(ii) in any other case—the three years ending on his last service day.

( b ) In paragraph (a) (i) "the commencement day" means—

(i) in case the employee's first service day was preceded by service which he is entitled to reckon under this Scheme, which was in a position other than employment as an employee of a local authority and which commenced on a day less than three years before his last service day—the day on which that service commenced, and

(ii) in any other case—the employee's first service day.

(7) Notwithstanding the provisions of sub-article (2) (a),where a registered employee on or after the 10th day of January, 1984, ceases to hold his employment on reaching the age of sixty-five years, and within a period not exceeding three calendar months after such date, the rate of wages for the class or grade of employees to which he belonged at the date of cesser of his employment is increased as a result of a general wages increase affecting all classes and grades of employees, then, if the Minister in his absolute discretion so determines, his rate of wages shall, for the purposes of article 37 only, be deemed to be the rate of wages which would have been appropriate had the increase in the rate of wages been applicable on the date the employee ceased to hold his employment, provided that the employee is alive on the date the increase in wages becomes effective.

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

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

50 Transitional provisions for Part III.

50. (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, (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 Act of 1956), opted, in writing, before the 30th day of June, 1978, or, being a person who had service such as is referred to in article 30, the 28th day of September, 1979, to the local authority to have the 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, on 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 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 30th day of June, 1978, to the local authority to have the 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) The following provisions shall have effect in relation to 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):

( 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 Act of 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 Act of 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 Act of 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 expiraration 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 article 28 (2).

(4) 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.

(5) ( a ) No contribution under article 45 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), (7) or (8) of section 48 of the Act of 1956 applied.

( b ) No contribution under article 45 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 article 28 (5) (a) applied.

PART IV ADDITIONAL BENEFITS

51 Surrender of portion of allowance.

51. (1) Where—

( a ) a male officer or employee of a local authority ceases to hold his office or employment, and

( b ) he is entitled to an allowance ( other than a preserved pension) under Part II or Part III of this Scheme,

he may apply to the local authority to be allowed to surrender a specified portion, not exceeding one-third, of such allowance in consideration of an allowance for his wife or one specified dependant.

(2) Where—

( a ) a female officer or employee of a local authority ceases to hold her office or employment, and

( b ) she is entitled to an allowance ( other than a preserved pension) under Part II or Part III of this Scheme,

she may apply to the local authority to be allowed to surrender a specified portion, not exceeding one-third, of such allowance in consideration of an allowance for one specified dependant.

(3) An application under sub-article (1) for an allowance for the wife of the applicant shall be either—

( a ) an application for such allowance during the period (if any) for which the wife survives the applicant, or

( b ) an application for such allowance during both the period of the joint lives of the applicant and the wife and the period (if any) for which the wife survives the applicant.

(4) Where an application is made under this article for the surrender of portion of an allowance, the local authority may, at their discretion, refuse or allow the application, subject to the proviso that they shall not allow the application unless they are satisfied that the applicant is in good health.

(5) Where an application under this article for the surrender of portion of an allowance is allowed—

( a ) that allowance shall be reduced accordingly,

( b ) if the application is for a surrender in consideration of an allowance for the wife of the applicant during the period (if any) for which she survives the applicant, the local authority shall grant to her, if she survives the applicant, an allowance during the period for which she survives him,

( c ) if the application is for a surrender in consideration of an allowance for the wife of the applicant during both the period of the joint lives of the applicant and the wife and the period (if any) for which the wife survives the applicant, the local authority shall grant to the wife an allowance during the period of the joint lives and, if the wife survives the applicant, during the period for which she survives him, and

( d ) if the application is for a surrender in consideration of an allowance for a dependant, the local authority shall grant to the dependant, if the dependant survives the applicant, an allowance during the period for which the dependant survives the applicant.

(6) An allowance under this article shall be of such value as is acturially equivalent (in accordance with such tables as, at the time when the applicant ceased to hold office or employment, stood approved of for the purposes of this article by the Minister) to what is surrendered.

(7) In the case of an allowance under this article during both the period of the joint lives of the applicant and his wife and the period (if any) for which his wife survives the applicant, the rate of the allowance for the second period shall be double the rate thereof for the first period.

(8) An allowance under this article shall not exceed the reduced allowance of the applicant.

(9) Where a person surrenders under this article portion of an allowance—

( a ) for the purpose of determining whether any, and, if so, what amount may be paid to him, having regard to article 60 (1) (a), by way of the allowance in respect of any period in relation to which he receives any such payment as is referred to in that paragraph, the remuneration referred to in that paragraph shall be treated as reduced by the amount surrendered by him as aforesaid,

( b ) for the purpose of calculating the amount of any gratuity which may be granted to his legal personal representative under article 19 (where applicable), the total of all sums received by him on foot of the lump sum and allowance shall be deemed to be the total of all sums which would have been so received by him but for the surrender, and

( c ) for the purpose of calculating the amount of any gratuity which may be granted to his legal personal representative under article 42 (where applicable), the total of all sums received by him on foot of the lump sum and allowance shall be deemed to be the total of all sums which would have been so received by him but for the surrender.

52 Gratuity or allowance in case of injury

52. (1) Where an officer or employee of a local authority is injured—

( a ) in the actual discharge of his duty, and

( b ) without his own default, and

( c ) by some injury attributable solely to the nature of his duty,

the local authority may grant to him, and, if within seven years after the date of the injury, he dies as a direct result thereof, to his widow (or, in the case of a female officer or employee, her widowed husband), his father or mother, if wholly dependent on him at the time of his death, and to or in respect of his children, or any of them, such gratuity or allowance in money for life or for a limited period as the local authority may consider reasonable and as may be sanctioned by the Minister either generally or in any particular case.

(2) Where an allowance is granted under this article to, or in respect of, an injured person and there is also payable to, or in respect of, him all or any of the following:

( a ) any other allowance payable by the local authority,

( b ) any lump sum or gratuity so payable,

( c ) any amount so payable by way of compensation under the Workmen's Compensation Acts, 1934 to 1955, as continued by section 69 of the Social Welfare (Consolidation) Act, 1981 , or by way of injury benefit or disablement benefit under Chapter 5 of Part II of the Social Welfare (Consolidation) Act, 1981 , and

( d ) where he has died, any pension payable to his widow under Chapter 11 of Part II of the Social Welfare (Consolidation) Act, 1981 ,

the allowance under this article together with so much as may be equivalent to whatever is also payable as aforesaid shall not exceed five-sixths of the remuneration (inclusive of the money value of emoluments (being any apartments, rations or other prequisites in kind), if any perquisites of the position in which he received the injury.

53 Gratuity—part-time, permanent, non-pensionable officer

53. Where—

( a ) a permanent officer, other than a teacher, of a local authority is a part-time officer and is not a pensionable officer, and

( b ) as respects such officer—

(i) he is removed from his office for a cause other than misconduct or unfitness,

(ii) his office is abolished, or

(iii) his position has been materially altered to his detriment by changes in its conditions made without reasonable cause and he resigns his office,

the local authority may grant him a gratuity equal to one-twelfth of his remuneration at the time he ceases to hold office multiplied by the number of whole years 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, in the continuous period ending at the time of such grant during which paragraph (a) of this article applied to him.

PART V FINANCIAL PROVISIONS

54 Local authority by whom payment is to be made

54. (1) Where—

( a ) a lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) is granted under this Scheme by a local authority, or

( b ) a local authority are required by this Scheme to make a refund,

the lump sum, allowance, gratuity or refund shall be paid—

(i) in case such local authority are a vocational education committee—by the local authority who pay under the Vocational Education Act, 1930 (No. 29 of 1930), the annual local contribution to the expenses of the committee,

(ii) in case such local authority are a committee of agriculture for a county—by the council of that county,

(iii) in case such local authority are a committee of a single local authority—by that single local authority,

(iv) in any other case—by such local authority.

(2) Where under this Scheme a local authority are required to refund any portion of a payment mentioned in sub-article (1), the refund shall be made to the local authority by whom the payment was made under that sub-article.

(3) A payment made by a local authority pursuant to sub-article (1) (b) (i) shall not be reckoned for the purpose of any limitation on the amount of any annual local contribution payable by the local authority under the Vocational Education Act, 1930 (No. 29 of 1930), as amended by any subsequent enactment.

(4) There shall be paid out of moneys provided by the Oireachtas to a local authority paying any lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) granted under this Scheme by a vocational education committee, in aid of the rate or fund out of which the lump sum, allowance or gratuity is paid, one-half of every payment made by the local authority in respect of the lump sum, allowance or gratuity.

55 Area of charge of payment of local authority

55. (1) Subject to any order made under subsection (7) of section 10 of the Local Government Act, 1946 (No. 24 of 1946), as amended by section 50 of the Local Government Act, 1955 (No. 9 of 1955), a sum payable by a local authority under this Scheme in respect of a period during which a person was an officer or employee of such local authority shall be charged on the area on which the remuneration of such person would have been charged if he had continued to hold the same office or employment under such local authority.

(2) A sum payable by a local authority under this Scheme in respect of a period during which a person was an officer or employee of another local authority shall be charged on the area on which the expenses incurred by the first-mentioned local authority in supplying moneys to the other local authority are charged.

(3) Where a lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) is granted under this Scheme by a local authority to or in respect of an officer or employee and in computing the amount thereof a period of service under another local authority has been reckoned, the payment of the lump sum, allowance or gratuity by the first-mentioned local authority shall be regarded for the purposes of this article as solely in respect of service of such person under them.

56 Refunds in certain cases

56. (1) Where a lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) is paid under this Scheme to or in respect of any person by a local authority (in this article referred to as the paying authority) or is not paid (whether in whole or in part) by virtue of article 16 (1) (b) (i), 20 (1) (II) (B) (i), 21 (6) (b) (i), 39 (1) (b) (i), 43 (1) (II) (B) (i) or 44 (6) (b) (i),as appropriate, and, in determining the amount thereof, any period of service not under the paying authority (not being service referred to in article 7 (1) (g) (ii), 7 (1) (g) (iii), 7 (1) (h) or 31(1) (g)) has been reckoned, the appropriate authority shall refund to the paying authority a part of the lump sum, allowance or gratuity.

(2) In sub-article (1) and the subsequent sub-articles of this article "the appropriate authority" means—

( a ) in case the period of service not under the paying authority that has been reckoned was service in the civil service—the Minister for the Public Service,

( b ) in case that period of service has been reckoned under article 7 (1) (g) (i)—the Secondary Teachers' Superannuation Fund or the Primary Teachers' Superannuation Fund (as may be appropriate),

( c ) in any other case—the body under whom was served the period of service not under the paying authority that has been reckoned.

(3) The part of the lump sum, allowance or gratuity referred to in sub-article (1) shall be determined as follows:

( a ) in case the period of service not under this Scheme that has been reckoned was service in the civil service, it shall be determined by the Minister for the Public Service,

( b ) in case that period of service has been reckoned under article 7 (1) (g) (i), it shall be determined by agreement between the paying authority and the appropriate authority or, in default of agreement, by the Minister with the consent of the Minister for the Public Service,

( c ) in any other case, it shall be determined by agreement between the paying authority and the appropriate authority or, in default of agreement, by the Minister (after consultation, where the appropriate authority are a harbour authority, with the Minister for Communications).

(4) Sub-article (1) shall not apply where the period of service not under the paying authority that has been reckoned is a period in respect of which contributions have been repaid under article 25 (3) or 47 (3).

(5) Where a lump sum, allowance or gratuity is paid to or in respect of any person under the Superannuation Acts or a marriage gratuity is granted by the Minister for the Public Service and, in determining the amount thereof, any period of service under a local authority has been reckoned, the local authority shall refund to the Minister for the Public Service such part of the lump sum, allowance or gratuity or of the marriage gratuity as the Minister for the Public Service may determine.

(6) For the purposes of sub-articles (1) and (5)—

( a ) service under a committee of a local authority shall be deemed to have been service under that local authority, and

( b ) service under a local authority who have ceased to exist shall be deemed to be service under the successor, as determined by the Minister, of that local authority.

(7) Where service under a local authority capable of being reckoned under this Scheme is reckoned on the grant of any superannuation benefit by a harbour authority or body approved of for the purposes of article 7(1) (f) or 31(1) (f), the local authority shall make the appropriate refunds to that authority or body.

(8) notwithstanding the foregoing provisions of this article, two authorities may make and carry out an agreement that neither of them shall make refunds under those provisions to the other.

(9) Payments made by the Minister for the Public Service under this article shall be made out of moneys provided by the Oireachtas.

57 Agreement in relation to contributions.

57. Notwithstanding any other provisions of this Scheme, a local authority and any other body (including a local authority) referred to in this Scheme may make and carry out an agreement that neither of them shall make to the other any repayments or recoupments in respect of contributions which would otherwise be proper to be made pursuant to this Scheme.

PART VI MISCELLANEOUS

58 General provisions as to allowance being for life.

58. Save as otherwise provided by this Scheme, an allowance (including a preserved pension) granted under this Scheme shall be an allowance for the life of the person to whom it is granted.

59 Assignment of allowance, etc.

59. (1) The following provisions shall have effect in relation to any payment (in this article referred to as the grant) payable under this Scheme by a local authority to any person (in this article referred to as the recipient), that is to say—

( a ) every assignment of and charge on the grant and every agreement to assign or charge the grant shall, except so far as it is made for the benefit of the wife or husband or dependent relatives of the recipient, be void, and on the bankruptcy of the recipient the grant shall not be paid to any trustee or other person acting on behalf of the creditor;

( b ) if the recipient neglects to maintain any person whom he is liable to maintain, the local authority may in their discretion pay or apply the whole or any part of the grant to or for the benefit of that person;

( c ) if the recipient appears to the local authority to be of unsound mind or otherwise incapacitated to act, they may pay so much of the grant as they think fit to the institution or person having the care of the recipient, and may pay the surplus (if any) or such part thereof as they think fit for or towards the maintenance and benefit of the wife or husband or dependent relatives of the recipient;

( d ) if the recipient or the officer or employee in respect of whom the grant is payable has died and a sum not exceeding five hundred pounds, or, from such date as may be fixed from time to time by the Minister, such sum as may be fixed for the purposes of this article by the Minister with the consent of the Minister for the Public Service, is due on account of the grant, probate or other proof of title of the personal representatives of the deceased may, if the local authority so think fit, be dispensed with and the sum may be paid or distributed to or among the persons appearing to the local authority to be beneficially entitled to the personal estate of the deceased, or to or among any one or more of those persons, or, in the case of the illegitimacy of the deceased, to or among such persons as the local authority think fit, and the local authority and any of their officers making the payment shall be discharged from all liability as respects any such payment or distribution;

( e ) any sum payable to a minor on account of the grant may be paid either to the minor or to such person and on such conditions for the benefit of the minor as the local authority think fit;

( f ) where the payment is made to any person by the local authority in pursuance of this article the receipt of that person shall be a good discharge for the sum paid.

(2) A local authority may, for any purpose relating to payments made pursuant to this article, require the making of such declarations as they consider necessary, and a person to whom any such payment may be made shall not be entitled to receive such payment if he fails to make any declaration which he is required as aforesaid to make.

(3) Any person who makes a willful misstatement of material fact in any such declaration shall be guilty of an offence under this article and shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds or to imprisonment for any term not exceeding three months.

60 Suspension or reduction of allowance.

60. (1) ( a ) (i) This paragraph shall, subject to paragraph (b), apply where—

(I) an allowance (including a preserved pension) (in this paragraph referred to as the allowance) is payable under this Scheme by a local authority to a person (in this paragraph referred to as the pensioner), and

(II) the pensioner receives any payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) (in this paragraph referred to as the payment) from a local authority for services rendered as an officer or employee or being services which are paid for by fees in the nature of salary.

(ii) No more of the allowance shall be paid, for any specified period of receipt of the payment, than so much as, with the payment, equals the remuneration which the pensioner would have received in respect of that period if, during it, he—

(I) held the office or employment in which he served on the last day of his pensionable service, but

(II) was remunerated at the rate of remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of which he was in receipt on that day, subject, however, in case changes have taken place (or, if the said office or employment has ceased to exist, would have taken place if it had not ceased to exist) in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified.

(iii) in this paragraph "specified" means specified by the Minister.

( b ) The Minister may, at his discretion but subject to the condition specified in paragraph (c), waive the application of paragraph (a) in any particular case, and that paragraph shall thereupon not apply in that case.

( c ) The condition referred to in paragraph (b) is that the Minister, after consultation with the authority making the payment, is satisfied that—

(i) persons with particular training and experience are required for particular work of that authority,

(ii) the person who is being re-employed has that training and experience, is being re-employed for that work and is otherwise suitable for re-employment in all respects, and

(iii) it is not practicable to meet that requirement otherwise than by the re-employment of pensioners.

( d ) Paragraph (a) shall not apply where the services are rendered in an office or employment held concurrently with the office or employment in respect of which the allowance was granted.

(2) Where a person to whom an allowance (including a preserved pension) is payable under this Scheme by a local authority receives payment by the local authority of compensation under the Workmen's Compensation Acts, 1934 to 1955, as continued by section 69 of the Social Welfare (Consolidation) Act, 1981 , or receives payment of injury benefit or disablement benefit under Chapter 5 of Part II of the Social Welfare (Consolidation) Act, 1981 , no more of the allowance shall be paid to him in any year than so much as, taking the said payment into account, equals five-sixths of the remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of the position in respect of which the allowance was granted.

(3) A local authority paying an allowance (including a preserved pension) to a person to whom sub-article (1) or (2) applies may from time to time, as may appear proper to them for the purpose of giving effect to sub-article (1) or (2), suspend, abate or reduce or otherwise adjust the payments made or to be made by them in respect of the allowance.

(4) If and so long as, pursuant to this article, an allowance (including a preserved pension) is not paid, any refund of part of such allowance payable under this Scheme shall also not be paid.

(5) If and so long as, pursuant to this article, the amount payable in respect of an allowance (including a preserved pension) is abated or reduced, any refund of part of such allowance payable under this Scheme shall also be reduced proportionately.

(6) Notwithstanding the foregoing provisions of this article, where an allowance (including a preserved pension) payable under this Scheme—

( a ) was granted to a person in a case in which—

(i) he was removed or discharged from his position under a local authority for a reason other than misconduct or unfitness, or

(ii) his position under a local authority was abolished, or

(iii) his position was materially altered to his detriment by changes in its conditions made without reasonable cause and he resigned his position under a local authority, and

( b ) but for this sub-article the allowance would be affected by a suspension, abatement or reduction referable to an increase of payment for services rendered that is granted to compensate for increases, since the allowance was granted, in the cost of living,

such suspension, abatement or reduction shall not be made.

61 Ascertainment of continuance of infirmity.

61. (1) Where an allowance is granted under this Scheme by a local authority to a person who is under the age specified for that allowance in sub-article (2) on the grounds that he is incapable of performing his duties by reason of permanent infirmity of mind or body, the following provisions shall have effect:

( a ) such local authority shall, until such person reaches the said age, ascertain from time to time whether his infirmity continues, and for that purpose, may, if they think fit, arrange for medical examinations and require him to submit himself thereto;

( b ) if such person fails wilfully or refuses to submit himself to any such medical examination, the allowance payable to him by virtue of the grant (together with in case he is married and any allowance is payable under article 51 to his wife by reference to the grant, that allowance) shall cease to be paid;

( c ) if not less than two registered medical practitioners nominated by such local authority certify that such person's infirmity has ceased and he has been offered a pensionable office or employment under a local authority of a kind similar to his former office or employment and at a rate of remuneration not less than that at which he was paid immediately before he ceased to hold his former office or employment, or, as respects a person who is offered such pensionable office or employment on or after the 10th day of January, 1984, at a rate of remuneration not less than the rate of remuneration in respect of that office or employment, as appropriate, at the date of the offer, the allowance payable to him by virtue of the grant (together with, in case he is married and any allowance is payable under article 51 to his wife by reference to the grant, that allowance) shall cease to be paid.

(2) The age referred to in sub-article (1) is—

( a ) for an allowance granted to a fire brigade officer or employee or a person whose name is entered in a register maintained under section 65 of the Act of 1945—fifty-five years,

( b ) for any other allowance—sixty years.

(3) If a person to whom an allowance was granted in respect of a period of pensionable local service for the purposes of Part II or Part III of this Scheme is offered in pursuance of paragraph (c) of sub-article (1) a new office or employment and accepts it, the following provisions shall have effect on his ceasing to hold the new office or employment:

( a ) for the purposes of article 6 (1) (b) or 29 (1) (a), such period shall be regarded as not being a period in respect of which he has received a lump sum or allowance;

( b ) any lump sum granted to him or any gratuity granted to him or his legal personal representative under Part II or Part III of this Scheme shall be reduced by the amount of the lump sum (if any) granted to him with the allowance;

( c ) such period shall be regarded as continuous with his period of service in the new office or employment and the period during which he was in receipt of the allowance shall be disregarded.

(4) Any dispute between a local authority and a person as to whether a new office or employment offered to such person is, for the purposes of paragraph (c) of sub-article (1), of a kind similar to his former office or employment shall be decided by the appropriate Minister.

(5) An officer shall be as qualified to hold an office offered to him pursuant to this article as he would have been if his service had not been broken by the period during which he was in receipt of the allowance.

62 Cancellation of allowance on conviction of offence.

62. (1) Where a person who is convicted on indictment of any offence and is sentenced to penal servitude or to any term of imprisonment exceeding twelve months is, at the time of the conviction, in receipt of an allowance (including a preserved pension) granted under this Scheme by a local authority, the allowance shall thereupon stand cancelled and cease to be payable.

(2) Where a conviction which results in the cancellation under this article of an allowance is quashed or annulled or the convicted person is granted a free pardon the cancellation shall be annulled, in the case of a quashing or annulment, as from the date of the conviction and, in the case of a free pardon, as from the date of the pardon.

(3) Where any allowance has been cancelled under this article, the local authority by whom the allowance was granted, if they so think proper, may, with the consent of the Minister, restore the allowance either in whole or in part.

63 Particulars of benefits in advance of retirement.

63. (1) Where an officer of employee of a local authority intends to retire from his office or employment on a particular date, he may, not later than six months and not earlier than twelve months before that date, give to the local authority notice in writing stating—

( a ) that he intends to retire on that date,

( b ) the reasons for which he intends to retire,

( c ) that he wishes to be given particulars of his benefits on retirement.

(2) Where an officer or employee gives to a local authority a notice under this article stating that he wishes to be given particulars of his benefits on retirement the local authority shall within two months give to the officer or employee a statement showing—

( a ) whether they intend on such retirement to exercise any power given to them by this Scheme to grant to him any lump sum, allowance or gratuity (including a preserved lump sum or preserved pension) or to return to him any contributions or to add any period to his service or to reduce the amount of any lump sum or allowance to which he may be entitled.

( b ) where they intend to exercise any power such as is mentioned in paragraph (a), particulars of the manner in which they intend to exercise the power,

( c ) the amount of every (if any) lump sum, allowance or gratuity (including a preserved lump sum or preserved pension) or return of contributions to which, in their opinion having regard to their intentions stated in pursuance of paragraphs (a) and (b), he will be entitled on such retirement.

(3) The provisions of article 64 shall apply in relation to a statement of intentions given by a local authority under paragraph (a) or (b) of sub-article (2) as if the contemplated retirement to which the statement relates had taken place and as if such intentions were decisions taken by the local authority on the date when the statement was given.

(4) Where in a case in which there has been an appeal by virtue of sub-article (3)—

( a ) the intended retirement of the officer or employee referred to in the notice under sub-article (1) takes place on the date mentioned and for the reasons stated in the notice, and

( b ) the intentions of the local authority shown in the statement given to him in pursuance of paragraphs (a) and (b) of sub-article (2), or, if those intentions have been varied on the appeal, those intentions as so varied, are implemented,

the said intentions, as implemented, shall not then be subject to any appeal.

64 Appeals to the Minister.

64. (1) Where a person is aggrieved by the failure or refusal of a local authority to grant under this Scheme a lump sum, allowance or gratuity (including a preserved lump sum or preserved pension) or to return under this Scheme contributions, he may appeal to the Minister against such failure or refusal.

(2) Where a person is aggrieved by the amount of any lump sum, allowance or gratuity (including a preserved lump sum or preserved pension) granted by a local authority under this Scheme, he may appeal to the Minister against such amount.

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

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

65 Repayment of gratuity.

65. (1) Where a person, having been granted a gratuity by a local authority, subsequently 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 ) 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 or 1956 or under this Scheme and which commenced before the 27th day of May, 1977, or

( b ) 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,

he shall be entitled to repay to the local authority such gratuity, together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and, if he does repay it—

(i) notwithstanding any other provision, the period in respect of which such gratuity was granted shall be regarded as not being a period in respect of which he has received a gratuity, and

(ii) in case any other body recouped any part of it, the local authority shall make the appropriate repayment to such other body.

(2) Where—

( a ) a repayment has been made under this article to a local authority, and

( b ) the case is one in which the gratuity was paid by another local authority, the first-mentioned local authority shall transfer to the other local authority—

(i) in case the first-mentioned local authority are a vocational education committee—one-half of the repayment, and

(ii) in any other case—the whole of the repayment.

66 Repayment of lump sum, allowance, gratuity overpaid.

66. Where at any time a person receives payment on foot of a lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) and such person is not entitled under this Scheme to such payments, or where a person receives payments on foot of a lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) which exceed those which are appropriate under this Scheme, such person or, in case such a person is dead, the legal personal representative of such person, shall pay to the local authority on demand such payments or excess payments, as may be appropriate, and such payments or excess payments shall in default of payment be recoverable by the local authority as a simple contract debt in any court of competent jurisdiction.

67 General restrictions on grants.

67. Save under this Scheme, the Asylum Officers' Superannuation Act, 1909, Part VIII of the Act of 1945, or the Act of 1956, as amended, a local authority shall not grant any pension, allowance, gratuity, lump sum (including a preserved lump sum, preserved pension, preserved death gratuity) or return of contributions to or in respect of any of their officers or employees.

68 Revocations.

68. The Local Government (Superannuation Revision) Scheme, 1984 ( S.I. No. 33 of 1984 ), the Local Government (Superannuation Revision) (Amendment) Scheme, 1985 ( S.I. No. 404 of 1985 ) and the Local Government (Superannuation Revision) (Job-Sharing) (Amendment) Scheme, 1985 ( S.I. No. 406 of 1985 ) are hereby revoked.

GIVEN under the Official Seal of the Minister for the Environment this

4th day of December, 1986.

JOHN BOLAND,

Minister for the Environment.

The Minister for the Public Service hereby consents to the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986.

GIVEN under the Official Seal of the Minister for the Public Service this 4th

day of December, 1986.

RUAIRÍ QUINN,

Minister for the Public Service.

EXPLANATORY NOTE.

This Scheme consolidates the superannuation provisions applicable to officers and employees of local authorities becoming pensionable on or after 1 June, 1978 together with certain officers and employees pensionable before that date who opted for such provisions. These provisions were formerly contained in the Local Government (Superannuation Revision) Scheme, 1984 as amended by the Local Government (Superannuation Revision) (Amendment) Scheme, 1985 and the Local Government (Superannuation Revision) (Job Sharing) (Amendment) Scheme, 1985.