S.I. No. 280/1988 - The Health (Corporate Bodies) (Establishment) (Orders) (Amendment) Order, 1988.

S.I. No. 280 of 1988.

THE HEALTH (CORPORATE BODIES) (ESTABLISHMENT) (ORDERS) (AMENDMENT) ORDER, 1988.

The Minister for Health, in exercise of the power conferred on him by section 3 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961) and section 4 of that Act as amended by section 7 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) hereby orders as follows:—

1. This Order may be cited as the Health (Corporate Bodies) (Establishment) (Orders) (Amendment) Order, 1988.

2. The Dublin Dental Hospital (Establishment) Order, 1963 ( S.I. No. 129 of 1963 ) is hereby amended by the addition of the following article after article 25 (as inserted by article 3 (c) of the Dublin Dental Hospital (Establishment) Order, 1963 (Amendment) Order, 1975 ( S.I. No. 88 of 1975 ):—

"26. Subject to articles 23, 24 and 25, Schemes and Regulations made under the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) shall apply to the Board as if it were a local authority, subject to the following modifications:—

( a ) the addition of the following article after article 12 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ):—

"Junior hospital dentists

"12A. (1) For the purposes of this article—

"junior hospital dentist" means a person who is the holder of a temporary wholetime salaried post of registrar or house officer for which full registration with the Dental Council is an essential qualification.

(2) Notwithstanding the definition of "eligible officer" in article 3, the Board shall enter in Part I of the Register—

( a ) with effect from the 1st day of June, 1983, the name of any person who is a junior hospital dentist whose contract of service with them as such dentist commenced before the 1st day of June, 1983, unless before the 31st day of May, 1983, 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 junior hospital dentist whose contract of service as such with them commences on or after the 1st day of June, 1983, irrespective of whether in any previous contract of employment with the Board he notified the Board that he did not wish to have his name so entered.

(3) Where the Board enters the name of a person in Part I of the Register pursuant to this article, they shall notify him accordingly within one month.

(4) The Board shall remove from Part I of the Register the name of any junior hospital dentist 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) A person whose name is entered in Part I of the Register pursuant to this article shall be entitled to reckon as service with the Board wholetime service as a junior hospital dentist with the Board given before the 1st day of June, 1983, subject to the payment of contributions at the rate of—

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

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

of an amount corresponding to what his 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.

(6) A contribution under sub-article (5) 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.

(7) The provisions of article 10 (5) shall not apply to a registered officer who retires from office as a junior hospital dentist.", and

( b ) the substitution of the following sub-article for sub-article (2) of article 4 of the Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 321 of 1984 ):—

"(2) A male person who becomes a pensionable officer on or after the 1st day of January, 1970 and a male person who becomes a registered officer by virtue of article 4 or 12A of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 is a member of this Scheme."

3. The Hospital Sterile Supplies Board (Establishment) Order 1965 ( S.I. No. 1 of 1965 ) is hereby amended by the addition after article 23 of the following article:—

"23A. Schemes and Regulations made under the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) shall apply to the Board as if it were a local authority."

4. The National Drugs Advisory Board (Establishment) Order, 1966 ( S.I. No. 163 of 1966 ) is hereby amended by the addition after article 24 (as amended by article 2 of the National Drugs Advisory Board (Establishment) Order, 1966 (Amendment) Order, 1980 ( S.I. No. 335 of 1980 )) of the following article:—

"24(A) Schemes and Regulations made under the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) shall apply to the Board as if it were a local authority."

5. The National Rehabilitation Board (Establishment) Order, 1967 (No. S.I. No. 300 of 1967 ) is hereby amended by the addition after article 26 of the following article:—

"26(A). Schemes and Regulations made under the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) shall apply to the Board as if it were a local authority."

6. The St. James's Hospital Board (Establishment) Order, 1971 ( S.I. No. 187 of 1971 ) is hereby amended by the addition after article 24 of the following article:—

"24A (1) Schemes and Regulations made under the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) shall apply to the Board as if it were a local authority.

(2) An officer of the Board who, prior to becoming such an officer consequent on redundancy in his previous employment, was pensionable under the Voluntary Hospitals Superannuation Scheme introduced by the Minister with effect from the 1st day of January, 1969 and who opted not to have the amendments to that Scheme set out in the Department of Health circular letter K148/141 of 31st July, 1978 applied to him, shall be pensionable under the Local Government (Superannuation Revision) (Consolidation) Schemes 1986 and 1987 unless he has opted, within three months of becoming an officer of the Board to become pensionable under the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987".

7. The Hospital Bodies Administrative Bureau (Establishment) Order, 1973 ( S.I. No. 53 of 1973 ) is hereby amended by the addition after article 21 of the following article:—

"21A. Schemes and Regulations made under the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) shall apply to the Board as if it were a local authority."

8. The Cork Voluntary Hospitals Board (Establishment) Order, 1977 ( S.I. No. 290 of 1977 ) is hereby amended by the addition after article 25 of the following article:—

"25A. Schemes and Regulations made under the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) shall apply to the Board as if it were a local authority."

9. The Leopardstown Park Hospital Board (Establishment) Order, 1979 ( S.I. No. 98 of 1979 ) is hereby amended by the addition after article 25 of the following article:—

"25A (1) Schemes and Regulations made under the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) shall apply to the Board as if it were a local authority, subject to the modification that the determination of contributions and benefits by reference to co-ordinated pay and co-ordinated pensionable remuneration shall not apply to persons who were fully insured on the establishment day.

(2) For the purposes of this article,

"co-ordinated pay" means the amount by which salary or wages exceeds twice the maximum personal weekly rate of old age contributory pension payable under the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) to a man with no adult dependant or qualified children;

"fully insured" means insured for all benefits under the Social Welfare (Consolidation) Act, 1981 ;"

10. The Tallaght Hospital Board (Establishment) Order, 1980 ( S.I. No. 38 of 1980 ) is hereby amended by the addition after article 25 of the following article:—

"25A. Schemes and Regulations made under the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) shall apply to the Board as if it were a local authority."

GIVEN under the Official Seal of the Minister for Health this 3rd day of November, 1988.

RORY O'HANLON,

Minister for Health.

The Minister for the Environment hereby consents to the making of the above Order.

GIVEN under the Official Seal of the Minister for the Environment

this 3rd day of November, 1988.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

This Order amends the Establishment Orders of the bodies referred to in order to allow the revised superannuation arrangements for local authority staff made under the powers contained in the Local Government (Superannuation) Act, 1980 , to be applied to certain bodies established under the Health (Corporate Bodies) Act, 1961 .