S.I. No. 298/1984 - Local Government (Transfer of Service) Scheme, 1984

S.I. No. 298 of 1984.

LOCAL GOVERNMENT (TRANSFER OF SERVICE) SCHEME, 1984.

The Minister for the Environment, in exercise of the power conferred on him by sections 2 and 5 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980), with the consent of the Minister for the Public Service, hereby makes the following Scheme:

1 Short Title.

1.

1. This Scheme may be cited as the Local Government (Transfer of Service) Scheme, 1984.

2 Interpretation.

2.

2. (1) In this Scheme—

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

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

"controlling authority" means,

( a ) in case an authority other than the organisation concerned administers the superannuation provisions applying to persons employed in a pensionable capacity in the organisation, the authority administering those provisions, and

( b ) in any other case, the Minister of the Government or other authority controlling the organisation;

"the Army Nursing Service" means the nursing service established under the Act of 1923 or the Defence Act, 1954 (No. 18 of 1954);

"the Defence Forces" means the forces established under Part I and Part III of the Act of 1923 or the Defence Forces within the meaning of the Defence Act, 1954 (No. 18 of 1954) but does not include the Army Nursing Service;

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

"local authority" shall have the meaning assigned to it by 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;

"the Minister" means the Minister for the Environment;

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

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

"registered employee" means a registered employee of a local authority for the purposes of the Revision Scheme of 1984;

"registered officer" means a registered officer of a local authority for the purposes of the Revision Scheme of 1984;

"the relevant local authority" means,

( a ) in case the period of service in respect of which the gratuity or contributions under article 3(c)(ii) or 4(4) are being paid is a period of service which is being reckoned by a person under article 4 by virtue of article 6(2) — the local authority which is paying the allowance, and

( b ) in any other case — the local authority under which the person holds office or employment at the time of payment of the said gratuity or contributions;

"the Revision Scheme of 1984" means the Local Government (Superannuation Revision) Scheme, 1984 ( S.I. No. 33 of 1984 );

"unfitness" means unfitness of a pensionable officer or servant or of a registered officer or employee for his office or employment, but does not include unfitness due to infirmity of mind or body or old age.

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

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

3 Limitations on the reckoning of service under this Scheme.

3.

3. A provision of this Scheme entitling a person 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 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,

( b ) (i) any period in respect of which he has already received a lump sum or pension or a preserved lump sum or preserved pension under any Scheme or Act relating to superannuation,

• (ii) any period in respect of which he is entitled to receive a lump sum or pension or a preserved lump sum or preserved pension under the relevant superannuation provisions referred to in article 4(1), unless he applies in writing to the appropriate authority of the school or body concerned to waive such benefits and the appropriate authority for such school or body agree to such request,

( c ) any period in respect of which he has already received a gratuity or a return of contributions under any Scheme or Act relating to superannuation, (not being a gratuity paid under Defence Force Regulations 4/1945) unless,

• (i) having been entitled to repay such gratuity or contributions, he has done so, or

• (ii) he pays such gratuity or contributions in accordance with paragraphs (b) and (c) of article 4(4) to the relevant local authority together with an additional amount calculated on a basis to be determined by the Minister in respect of compound interest,

( d ) any period before a date on which he was removed or discharged from his position for misconduct or unfitness other than in a case where he is subsequently appointed to or employed in a position service in which is capable of being reckoned under the Act of 1956 or the Revision Scheme of 1984 and the controlling authority of the school or body under which he had the service prior to the removal or discharge is satisfied that such service should reckon,

( e ) any period of service in a position which he opted not to reckon unless the final date for such option occurred after the date he ceased to hold such position,

( f ) any period which is precluded from being reckoned under article 5(1),

( g ) any period before a date on which he gave service in a position which would be reckonable under articles 4 and 6 but for non-payment of a gratuity or contributions under article 3(c)(ii) or 4(4).

4 Reckoning of service.

4.

4. (1) Subject to the provisions of sub-articles (3) and (4) and of articles 5 and 6, a pensionable officer or servant or a registered officer or employee shall be entitled to reckon as service (to such extent as the Minister either generally or in any particular case may approve) for the purposes of Parts II and III of the Act of 1956 or of the Revision Scheme of 1984 service under the relevant superannuation provisions of the following:

( a ) a harbour authority,

( b ) the civil service,

( c ) a body which is approved by the Minister for the purposes of section 11(1)(f) or section 34(1)(f) of the Act of 1956,

( d ) the Defence Forces,

( e ) the Army Nursing Service,

( f ) The Secondary Teachers' Superannuation Schemes,

( g ) The National School Teachers' Superannuation Schemes,

being service which he was entitled to reckon on the date he ceased to be employed as a teacher or to be employed by the relevant body and not being service which he is otherwise entitled to reckon under the said Part II or III of the Act of 1956, as amended by the Local Government (Superannuation) Regulations, 1984 ( S.I. No. 32 of 1984 ) or under the said Revision Scheme of 1984.

• (2) Service reckonable under sub-article (1) shall be deemed for the purposes of this Scheme to include service which was not reckonable for the purposes of the relevant superannuation provisions referred to in that sub-article by reason—

( a ) that those superannuation provisions were not applied to the category of employees of the school or body to which the person belonged until after the date he ceased to be so employed,

( b ) that he was employed in a temporary capacity in a position service in which would have become reckonable if he had become employed in a permanent capacity by the school or body, or

( c ) that an option to reckon the service was not extended to such category until after the date he ceased to be so employed.

• (3) Notwithstanding the provisions of sub-articles (1) and (2), a period of service with any of the following:

( a ) a harbour authority,

( b ) a body which is approved by the Minister for the purposes of section 11(1)(f) or section 34(1)(f) of the Act of 1956,

( c ) a school,

shall not be reckonable under this Scheme by a pensionable officer or servant or by a registered officer or employee unless the controlling authority of the school or body has agreed with the Minister that such service should be reckonable and reciprocal arrangements are made for the reckoning of corresponding service with a local authority by the school or body.

• (4) ( a ) The reckoning of a period of service referred to in sub-article (2) by a pensionable officer or servant or by a registered officer or employee shall be conditional on the payment by him or on his behalf to the relevant local authority of an amount equal to the contributions, including interest (if any), which he would have been required to make to the superannuation fund or body if he had become employed in a pensionable capacity in such school or body.

( b ) A payment to a local authority under paragraph (a) which is not inclusive of interest shall be paid within twelve months of the date of the making of this Scheme, or within twelve months of the person becoming entitled under this Scheme to reckon such service, whichever is, the later, or where the local authority think fit within such longer period as they consider reasonable in the circumstances of the particular case.

( c ) A payment to a local authority under paragraph (a) or under article 3(c)(ii) shall be paid in respect of the whole of the period in respect of which such payment may be made.

5 Uniform Accrual.

5.

5. (1) Subject to sub-article (2), where a pensionable officer or servant or a registered officer or employee to whom the provisions of section 12(2) or 35(2) of the Act of 1956 apply becomes entitled to reckon a period of service under article 4 such period shall either—

( a ) be reduced by one-quarter, or

( b ) be reckoned at its actual length, the provisions of section 12(2) or 35(2) of the Act of 1956 being disregarded in respect of such service,

whichever is the more favourable to him.

• (2) The provisions of sub-article (1) shall not apply in the case of a pensionable officer or servant or a registered officer or employee to whom the provisions of section 12(2) or 35(2) of the Act of 1956 apply where the service becoming reckonable under this Scheme is service in respect of which he was eligible for enhanced credit under a provision which corresponds to the provisions of the said section 12(2) or 35(2) of the Act of 1956.

• (3) Where a pensionable officer or servant or a registered officer or employee to whom the provisions of section 12(2) or 35(2) of the Act of 1956 do not apply becomes entitled to reckon a period of service under this Scheme for which service he was eligible for enhanced credit under a provision which corresponds to the provisions of the said section 12(2) or 35(2) of the Act of 1956 such service shall be increased by one-third.

6 Application of article 4.

6.

6. (1) The provisions of article 4 shall apply—

( a ) in relation to the reckoning of service in the Defence Forces and in the Army Nursing Service, with effect from the 1st day of June, 1973,

( b ) in relation to the reckoning of service in a school or body referred to in article 4(3), with effect from such date as may be agreed by the Minister and the controlling authority, and

( c ) in any other case, with effect from the date of making of this Scheme.

• (2) The provisions of sub-article (1) shall be applied by a local authority with effect from the appropriate operative dates provided for in sub-article (1) for the purpose of determining the amount of an allowance to be granted under sections 15 and 17 or 36 and 37 of the Act of 1956, or a preserved pension to be granted under article II of the Revision Scheme of 1984, to a person, being a former pensionable officer or servant or a former registered officer or employee who retired before those dates, where this is of benefit to such person, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter—

( a ) in the case of allowances granted to former pensionable servants under sections 36 and 37of the the Act of 1956, and

( b ) in the case of former pensionable or registered officers to whom the provisions of subsection (11) of section 28 of the Act of 1956 applies.

7 Refunds in certain cases.

7.

7. (1) The provisions of sections 57 and 58of the the Act of 1956 shall apply in relation to service which is reckonable by a pensionable officer or servant or by a registered officer or employee pursuant to articles 4 and 6.

• (2) For the purposes of sub-article (1), section 57 of the Act of 1956 shall be deemed to be amended by the substitution of the following paragraph for paragraph (b) of subsection (2):

• "(b) in case that period of service has been reckoned under subparagraph (i) of paragraph (g) of subsection (1) of section 11 of this Act or, being service in a school to which the Secondary Teachers' Superannuation Schemes or the National School Teachers' Superannuation Schemes apply, under the Local Government (Transfer of Service) Scheme, 1984 — the Secondary Teachers' Superannuation Fund or the Primary Teachers' Superannuation Fund (as may be appropriate),".

8 Management of payments received by local authorities under this Scheme.

8.

8. ( a ) Where a local authority receives a payment under article 3(c)(ii) or 4(4) and 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 payment, and

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

( b ) Where a payment is made to a local authority by or on behalf of a person pursuant to article 3(c)(ii) or 4(4), or where a payment is transferred to a local authority under paragraph (a), the local authority shall transfer such payment to the body in respect of whose service such payment was made, unless agreements under section 57(7) or 58, as appropriate, of the Act of 1956 apply between the local authority and the body.

( c ) Where a payment received by a local authority pursuant to article 3(c)(ii) or 4(4), or where a payment transferred to a local authority under paragraph (a), does not fall to be transferred under paragraph (b) to any other body, the service in respect of which the payment was made shall, for the purposes of the Act of 1956 or the Revision Scheme of 1984, be regarded as service with the said local authority which received the payment.

9 Transfers to and from specified employers.

9.

9. (1) Where a pensionable officer or servant or a registered officer or employee ceases to hold office or employment for a cause other than misconduct or unfitness on a date which is agreed by the Minister and is not earlier than the date of making of this Scheme, and he subsequently becomes employed in a pensionable position with an employer (other than a school or body referred to in article 4(1)), in this article hereinafter referred to as "the specified employer", who is prepared to enter into reciprocal arrangements for the transfer of pension rights which the Minister, with the consent of the Minister for the Public Service, considers to be satisfactory, the local authority may grant an approved contribution to the specified employer concerned in respect of the pension rights of the person under the relevant superannuation provisions of the local authority.

• (2) Where a person who has given service in a pensionable capacity with a specified employer, after a date which is agreed by the Minister and is not earlier than the date of making of this Scheme, becomes a registered officer or employee, the local authority may accept an approved contribution from the specified employer in respect of the person's pension rights in relation to his employment with that employer and, to such extent as the local authority, with the consent of the Minister, determine, for the purpose of calculating the person's benefit under the superannuation provisions which relate to him, may reckon the pensionable service with the specified employer as service with the local authority for the purposes of the Act of 1956 and the Revision Scheme of 1984.

• (3) ( a ) (i) Where an approved contribution is granted to a specified employer under sub-article (1) by a local authority, and 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 under the Act of 1956 or the Revision Scheme of 1984, such other local authority shall pay the approved contribution to the specified employer.

• (ii) The provisions of section 55 of the Act of 1956 shall apply in relation to the paying by a local authority of an approved contribution granted under this article by a vocational education committee as if it were a lump sum, allowance or gratuity which was granted under that Act by a vocational education committee and which was being paid by a local authority.

( b ) Where a local authority accept an approved contribution from a specified employer under sub-article (2) and the case is one in which any lump sum, allowance or gratuity that might be granted by that local authority under the Act of 1956 or the Revision Scheme of 1984 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 payment, and

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

• (4) For the purposes of this article "approved contribution" means a contribution calculated in accordance with arrangements approved of by the Minister and by the Minister for the Public Service.

10 Pensionable local service.

10.

10. The pensionable local service of a pensionable officer or servant or of a registered officer or employee at any time, for the purposes of the Act of 1956 or the Revision Scheme of 1984, shall include any period of service which he becomes entitled to reckon under article 4, 6 or 9 save that such service shall not be taken into account for the purposes of increasing any period which may be added to an officer's service under section 13(2)(a) of the Act of 1956.

GIVEN under the Official Seal of the Minister for the Environment this 22nd

day of November, 1984.

LIAM KAVANAGH,

Minister for the Environment.

The Minister for the Public Service hereby consents to the making of this Scheme.

GIVEN under the Official Seal of the Minister for the Public Service this 22nd

day of November, 1984.

JOHN BOLAND,

Minister for the Public Service.

EXPLANATORY NOTE.

The effect of this Scheme is to provide, subject to certain conditions, for the reckoning by pensionable local authority staff of service with bodies approved for the purposes of the Scheme and which is not otherwise reckonable under Part II or III of the Local Government (Superannuation) Act, 1956 as amended by the Local Government (Superannuation) Regulations, 1984 ( S.I. No. 32 of 1984 ) or under the Local Government (Superannuation Revision) Scheme, 1984 ( S.I. No. 33 of 1984 ).

Service which may be reckoned under the Scheme may in certain cases include service which was not pensionable when the service was given.