S.I. No. 363/1986 - Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986

S.I. No. 363 of 1986.

LOCAL GOVERNMENT EMPLOYEES (SPOUSES AND CHILDRENS CONTRIBUTORY PENSION) 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:

1 Short title.

1.

1. This Scheme may be cited as the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986.

2 Commencement.

2.

2. This Scheme shall be deemed to have come into force on the 1st day of September, 1984.

3 Interpretation.

3.

3. (1) In this Scheme—

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

"adoption order" means an adoption order made under the Adoption Act, 1952 (No. 25 of 1952);

"child", subject to sub-article (4) (b), means,

( a ) a child of the deceased, a person lawfully adopted by the deceased or a step-child of the deceased, who is—

• (i) under sixteen years of age, or

• (ii) under the age of twenty-one years and is receiving full-time instruction at any university, college, school or other educational establishment, or

• (iii) under the age of twenty-one years and is undergoing full-time instruction or training by any person (in this Scheme referred to as "the employer") for any vocation, profession or trade, being instruction or training approved of by the Minister for the purposes of this Scheme, and

( b ) includes a person who is permanently incapacitated by reason of mental or physical infirmity from maintaining himself and who when his permanent incapacity first occurred was a person described in paragraph (a) of this definition;

"children's pension" has the meaning assigned to it by article 5;

"contributing member" means a member who is serving as a registered employee of a local authority;

"death gratuity" means a gratuity under section 40 of the Act of 1956, as modified by clause 8 of Part III of the First Schedule to the Revision Scheme of 1984, as amended;

"the deceased" has the meaning assigned to it by article 5;

" the deceased's pension", subject to sub-article (5), means,

( a ) where, otherwise than on retirement because of permanent infirmity of mind or body, he was awarded a pension, such pension,

( b ) where on retirement because of permanent infirmity of mind or body he is awarded a pension, the person which would have been granted to him if he then had the pensionable local service which he would have had if he had served to age 65,

( c ) where he dies while serving as a pensionable servant or a registered employee of a local authority, the pension which would have been granted to him if, on the date of death, he retired because of permanent infirmity of mind or body and then had the pensionable local service which he would have had if he had served to age 65,

( d ) where a preserved pension was in payment to the deceased, such pension,

( e ) where, having resigned with entitlement to a preserved pension the deceased dies before attaining sixty years of age or before applying for the preserved pension, the preserved pension which would be granted to him if he had then reached his sixtieth birthday and had applied for the preserved pension;

( f ) in relation to a pensionable servant referred to in articles 23 and 24, where on retirement because of permanent infirmity of mind or body, having given at least five and less than ten years' reckonable service, he is awarded a short service gratuity, the pension which would have been granted to him if he then had the pensionable local service which he would have had if he had served to age 65;

"emolument" has the meaning assigned to it by section 2 of the Act of 1956, as modified by clause 2 of Part I of the First Schedule to the Revision Scheme of 1984;

"former member" means a person who retired from a local authority with a prospective entitlement under this Scheme, the Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986, ( S.I. No. 364 of 1986 ) or under any of the Pension Schemes of 1984;

"fully insured" has the meaning assigned to it by article 3 of the Revision Scheme of 1984;

"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;

"lump sum" means a lump sum under section 36 of the Act of 1956, as modified by clause 4 of Part III of the First Schedule to the Revision Scheme of 1984;

"member", subject to articles 23 and 24, means a person who, pursuant to article 4, is a member of this Scheme;

"the Minister" means the Minister for the Environment;

"net pensionable remuneration" means the amount by which pensionable remuneration exceeds twice the personal weekly rate of old age contributory pension;

"pension" means an allowance under section 36 of the Act of 1956, as modified by clause 4 of Part III of the First Schedule to the Revision Scheme of 1984;

"pensionable local service" means the pensionable local service of a pensionable servant or a registered employee for the purposes of the Act of 1956, as amended, or the Revision Scheme of 1984, as amended;

"the Pension Schemes of 1984" means,

( a ) the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 318 of 1984 ),

( b ) the Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 321 of 1984 ),

( c ) the Local Government Officers (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 ( S.I. No. 320 of 1984 ), and

( d ) the Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 ( S.I. No. 319 of 1984 );

"pensionable remuneration" has the meaning assigned to it by section 47 of the Act of 1956, as modified by clause 14 of Part III of the First Schedule to the Revision Scheme of 1984, as amended;

"pensionable servant" means a pensionable servant as defined in section 2 of the Act of 1956;

"periodic contributions" has the meaning assigned to it by article 9 (3);

"personal weekly rate of old age contributory pension" has the meaning assigned to it by article 3 of the Revision Scheme of 1984;

"preserved death gratuity" means a gratuity payable on death by virtue of article 11 of the Revision Scheme of 1984, as amended;

"preserved lump sum" and "preserved pension" mean respectively a lump sum and pension payable by virtue of article 11 of the Revision Scheme of 1984, as amended;

"reckonable service" has the same meaning as "pensionable local service" save that any increased period of pensionable local service under section 35 (2) of the Act of 1956, as amended, shall be disregarded;

"registered employee" means a registered employee within the meaning of the Revision Scheme of 1984;

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

"service day" has the meaning assigned to it by section 2 of the Act of 1956, as amended;

"short service gratuity" means a gratuity under section 39 (2) of the Act of 1956;

"spouse's pension" has the meaning assigned to it by article 5;

"wages" has the meaning assigned to it by section 2 of the Act of 1956, as amended.

• (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.

• (4) ( a ) Where, in relation to a person referred to in subparagraph (ii) or (iii) of paragraph (a) of the definition of "child" in sub-article (1), a break occurs in his full-time instruction or training, then, he shall, for the duration of such break, be regarded as having ceased to be a child for the purposes of this Scheme.

( b ) The following shall not be regarded as a child within the meaning of this Scheme namely:

• (i) a person who was not wholly or mainly dependent on a member immediately prior to the member's death,

• (ii) a person who is married or is cohabiting with another as man and wife, or

• (iii) a person referred to in subparagraph (iii) of paragraph (a) of the said definition of "child" to whom, or in respect of whom, emoluments in respect of such instruction or training are payable by, or on behalf of, the employer and which are of such an amount in the opinion of the Minister, either generally, or in a particular case, as makes the person self-supporting,

provided that if there are compassionate grounds for so doing, the Minister may on the application of the local authority as respects a person who apart from this paragraph would be such a child direct that notwithstanding this paragraph the person shall, with effect from such date as is specified in the direction, be regarded as being such a child and in case the Minister makes a direction under this paragraph then for so long as the direction is in force this Scheme shall, as regards the person to whom the direction relates, be construed and have effect in accordance with the direction.

• (5) ( a ) In determining "the deceased's pension" by reference to paragraph (b) or (f) of the definition of "the deceased's pension" account shall not be taken of any period of pensionable local service which an employee would have had from the date of his retirement if he had served to age 65 where any such period is reckoned under any other Scheme or Act for the provision of spouses' or children's pensions by a body service in which is capable of being reckoned for the purposes of the Act of 1956 or the Revision Scheme of 1984.

( b ) Contributions paid by an employee in respect of a period referred to in paragraph (a) shall be returned by the local authority to his legal personal representative.

( c ) Where, subsequent to the date on which a member ceases to be a contributing member, the pension payable to him falls to be increased otherwise than in accordance with the Pensions (Increase) Act, 1964 (No. 10 of 1964), and regulations thereunder, or would, were he alive, fall to be so increased from a particular date, such increase shall be taken into account for the purpose of determining the deceased's pension in accordance with the definition of the "deceased's pension" in sub-article (1) from such date or from the date of commencement of payment of a spouse's pension or children's pension in respect of him under this Scheme, whichever is the later.

• (6) ( a ) Any reference in this Scheme to an adopted child of the deceased shall be construed as a reference to a child adopted by him (whether alone or jointly with any other person) either in pursuance of an adoption order or in accordance with the law of a country or territory other than the State and recognised by the law of the State as valid, and references to lawfully adopted or to a person by whom another person has been adopted shall be construed accordingly.

( b ) Where a member or former member who is married applies for an adoption order in respect of a child and dies before the adoption procedure is completed and the child is subsequently adopted by his spouse, the child shall, from the date on which the member or former member has custody of him, be deemed, for the purposes of this Scheme, to be the member's or former member's duly adopted child.

4 Members.

4.

4. (1) Subject to sub-article (4), a person who becomes a registered employee on or after the 1st day of January, 1986 is a member of this Scheme with effect from the date of becoming so registered.

• (2) ( a ) Subject to sub-article (4) (b), a person who, having been a registered employee at any time between the 1st day of September, 1984 and the 31st day of December, 1985, elects in writing during that period to join this Scheme, is a member of this Scheme with effect from the 1st day of September, 1984 or the date he became a registered employee, whichever is the later.

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

• (3) ( a ) Subject to sub-article (4) (b) and to article 21, a person who, having been a pensionable servant at any time between the 1st day of September, 1984 and the 31st day of December, 1985, elects in writing during that period to join this Scheme, is a member of this Scheme with effect from the 1st day of September, 1984.

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

• (4) ( a ) Notwithstanding the provisions of sub-article (1), the provisions of the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 will apply to any person referred to therein who is in the religious life and who is bound by a vow of celibracy subject to the proviso that should he leave the religious life (or cease to be so bound) but continue to be a registered employee, the provisions of this Scheme will thereupon apply to him.

( b ) Notwithstanding the provisions of sub-articles (2) and (3), an election in writing referred to therein will not apply to any person who is in the religious life and who is bound by a vow of celibacy subject to the proviso that should he leave the religious life (or cease to be so bound) but continue to be a pensionable servant or a registered employee, the provisions of this Scheme and, in relation to a pensionable servant, the Revision Scheme of 1984 will thereupon apply to him.

• (5) A person shall cease to be a member of this Scheme on ceasing to be a registered employee.

5 Power to grant Spouses' and Children's pensions.

5.

5. (1) Subject to sub-article (2) and to articles 23 and 24, a local authority shall, on the death of a contributing or former member (in this Scheme referred to as "the deceased") to whom or in respect of whom a pension, death gratuity, preserved pension or preserved death gratuity has been, or is, awarded, grant in respect of him—

( a ) where he leaves a spouse, a pension to that spouse (hereafter in this Scheme referred to as a "spouse's pension"), and

( b ) where he leaves a child or children, a pension for such child or children (in this Scheme referred to as a "children's pension").

• (2) A spouse's or children's pension shall not be granted in respect of a person who died while he was a contributing member unless the local authority are satisfied that he would, regard being had to section 36 (1) (b) of the Act of 1956, have been granted a pension had he retired on the date he died and then had the pensionable local service which he would have had if he had served to age 65.

6 Spouses' pensions.

6.

6. (1) A spouse's pension shall not be granted or paid under this Scheme—

( a ) where the spouse was at the time of the death of the member or former member cohabiting (as man and wife) with a person other than the deceased, or

( b ) in respect of any time after the said death when the spouse is remarried or is so cohabiting with any person.

• (2) Notwithstanding sub-article (1), where—

( a ) a pension under this Scheme is not granted or ceases under the said sub-article (1), and

( b ) at a date subsequent to the marriage or cohabitation by reason of which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf of, the spouse of a member, is satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension, such local authority may, if it thinks fit, and subject to the approval of the Minister, grant or regrant, as may be appropriate, the pension as from,

• (i) in case the marriage or cohabitation has come to an end, the date on which the marriage or cohabitation ended,

• (ii) in any other case, a date not earlier than the date on which the relevant application is received by the local authority.

• (3) ( a ) A spouse shall not be eligible for a spouse's pension under this Scheme in respect of more than one member; where a spouse would, apart from this article, be eligible for a spouse's pension in respect of two or more members the spouse shall be treated under this Scheme in the way which will give the most favourable result for the spouse.

( b ) A spouse shall not be eligible for a spouse's pension under this Scheme where the spouse is eligible for a more favourable spouse's pension under the Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986, under any of the Pension Schemes of 1984 or under a spouses' and children's pension scheme reciprocal generally with this Scheme where service with the body in question is capable of being reckoned under the Act of 1956 or the Revision Scheme of 1984.

• (4) Subject to sub-article (1), a spouse's pension may be paid for the whole of the period beginning on the death of the deceased and ending with the death of the spouse.

• (5) The rate of a spouse's pension shall be one-half of the rate of the deceased's pension and where the deceased's pension was reduced by virtue of section 36 (1) (b) and section 38 of the Act of 1956, as amended, of the deceased's pension as if it had not been so reduced.

• (6) Notwithstanding sub-article (5), on the death of a contributing member or former member, other than a former member who qualifies for a preserved pension, the rate of a spouse's pension may, in respect of the first month after his death, be increased—

( a ) in case he dies while a contributing member, to one-twelfth of the annual equivalent of his pensionable remuneration,

( b ) in case he dies after being granted a pension and the annual rate of pension payable to him on the date of his death is greater than the annual rate of spouse's pension otherwise payable under this Scheme, to one-twelfth of the said annual rate of pension,

provided that the rate as so increased shall be reduced by the rate of any childrens pensions payable under this Scheme and provided also that the amount payable to the spouse under this Scheme in respect of the period of one month commencing on the day immediately following that of the deceased's death may be paid at any time on or after the first day of the said period.

7 Children's pensions; beneficiaries.

7.

7. (1) A child shall not be eligible for a children's pension under this Scheme in respect of more than one member; where a child would, apart from this sub-article, be eligible for a children's pension in respect of two or more members, the child shall be treated under this Scheme in the way which will give the most favourable result for the child.

• (2) A child shall not be eligible for a children's pension under this Scheme where he is eligible for a more favourable children's pension under the Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986 or under any of the Pension Schemes of 1984.

8 Children's pensions; rate and mode of payment.

8.

8. (1) A children's pension under this Scheme shall be paid to the relevant member's spouse where the eligible children are in the spouse's care, and in case any child in respect of whom the pension is payable is not in the spouse's care, the part of the pension attributable to that child shall be paid either to the child or to such other person as the relevant local authority may determine. Where children are in the care of several persons the children's pension shall be paid to those persons in such proportions as the local authority may determine.

• (2) A children's pension paid to any person shall be so paid for the benefit of the children for whom it is granted.

• (3) Subject to sub-article (6) and to article 5 (2), a children's pension may be paid in relation to the period or periods subsequent to the date of death of the deceased (or, if later, the date of birth of the child) during which the person remains a child within the meaning of this Scheme.

• (4) The rate of children's pension under this Scheme shall be,

• (a) where the deceased leaves no spouse or, where he leaves a spouse and the spouse dies, four-twelfths of the deceased's pension where there is one child, or six-twelfths where there are two or more children,

• (b) subject to sub-article (5), where the deceased's spouse is surviving, two-twelfths of the deceased's pension multiplied by the number of children not exceeding three.

• (5)
• (a) Where the children of the deceased are at the time of, or at any time after, his death in the care of some person other than his spouse, the Minister may, on application from the relevant local authority, and if he thinks fit, direct that for so long as they are in such care sub-article (4) (a) shall apply notwithstanding that the spouse is still alive, and in case the Minister so directs this article shall be construed and shall have effect in accordance with the direction.

• (b) Where some but not all of the children of the deceased are at the time of, or at any time after, his death in the care of a person other than his spouse, the rate of that portion of the children's pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rate specified in sub-article (4) (a) provided that the amount of children's pension payable in respect of a deceased shall not exceed one-half of the rate of the deceased's pension.

• (6) Notwithstanding the foregoing provisions of this article, where the deceased leaves a spouse and no spouse's pension is granted under this Scheme, or, if one is so granted and it ceases to be paid before the spouse's death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time of the spouse or within the time in respect of which no spouse's pension is payable, as may be appropriate, unless on application from the relevant local authority the Minister in his absolute discretion directs that such a pension shall be so payable, and in case the Minister gives a direction under this sub-article he may, on such application from the local authority, further direct that sub-article (5) shall apply as respects any such period.

9 Periodic Contributions.

9.

• (i) his weekly rate of wages, and

• (ii) the weekly 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 wages nor emoluments or in respect of which he was paid injury benefit or disablement benefit under Chapter 5 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) or any Act passed before that Act 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 section 2 of the Act of 1956 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).

• (b) Notwithstanding the provisions of paragraph (a), a member who is fully insured shall contribute at the rate of one 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 twice the current personal weekly rate of old age contributory pension.

• (2) The contributions referred to in sub-article (1) shall be paid at such times and in such manner as the relevant local authority may determine until he ceases to be a contributing member.

• (3) Contributions payable under this article are in this Scheme referred to as "periodic contributions".

• (4) Periodic contributions shall not be payable under this Scheme by a member for any period which does not constitute pensionable local service.

• (5) The provisions of section 43 (3) of the Act of 1956 shall apply to contributions paid under this article as if they were contributions paid under the said section 43.

10 Return of Contributions.

10.

10. (1) Where a member,

• (a) ceases to be a contributing member otherwise than by reason of death, is not eligible for the grant of a pension and lump sum, or a preserved pension and preserved lump sum, and he does not accept any other position service in which is capable of being reckoned under the Act of 1956 or the Revision Scheme of 1984, or,

• (b) if he does so accept such a position or subsequent such positions, and either a spouse's and children's pension scheme reciprocal generally with this Scheme does not apply to him or where such a scheme does apply to him but he dies with less than the minimum service to qualify for benefit thereunder or he ceases to hold such a position in corresponding circumstances to those which applied to the cesser of his contributing membership with the local authority and does not accept any other position service in which is capable of being reckoned under the Act of 1956 or the Revision Scheme of 1984 where a spouse's and children's pension scheme reciprocal generally with this Scheme applies to him,

then the local authority with which he was in employment before such cesser shall return to him, or to his legal personal representative, the aggregate amount of the contributions which he paid under articles 9 and 13 (5) together with corresponding contributions, if any, which he paid in respect of service which is capable of being reckoned under the Act of 1956 or the Revision Scheme of 1984, and which have not otherwise been returned.

• (2) In any case other than a case mentioned in sub-article (1), the local authority shall return to a member on his ceasing to be a contributing member, or if his membership ceases due to death, to his legal personal representative, such part of his initial and immediately subsequent contributions as is necessary to secure that the period in respect of which contributions are paid by him, without being returned, does not exceed forty years.

• (3) Where any contributions are returned under this article they shall be returned without interest.

• (4) Where a local authority return contributions under this article and the amount returned includes a sum for contributions made by the person in question in respect of service which is capable of being reckoned under the Act of 1956 or the Revision Scheme of 1984 and held by any other body, that body shall, subject to article 20, recoup such sum to the local authority.

• (5) Where a body, service under which is capable of being reckoned under the Act of 1956 or under the Revision Scheme of 1984, returns contributions made under this article and the amount returned includes a sum for contributions held by any local authority, that local authority shall, subject to article 20, recoup such sum to the body.

11 Repayment of Contributions.

11.

11. (1) Where contributions are returned by a local authority to a person under article 10, and

• (a) he subsequently becomes a member of this Scheme, or

• (b) he subsequently becomes a member of a scheme granting pension rights which are reciprocal generally with this Scheme being a person who is employed in a position service in which is capable of being reckoned under the Act of 1956 or under the Revision Scheme of 1984,

he shall be entitled to repay such contributions 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, subject to article 20, make the appropriate repayment to the other body.

• (2) The provisions of section 45 (4) of the Act of 1956 shall apply to contributions returned under this article.

12 Former members becoming contributing members.

12.

12. (1) Where a former member becomes a contributing member of this Scheme any prospective entitlement to spouse's pension or children's pension under this Scheme in respect of his previous membership or under the Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986 or any of the Pension Schemes of 1984 shall be disregarded.

(2)Where a person, on becoming a contributing member of this Scheme, had at any time previously been a member of this Scheme or had been a member of the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984, the Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986 or the Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984 and had paid periodic contributions under any of the said Schemes the period in respect of which he paid such periodic contributions shall be excluded in determining the number of relevant years under article 13 (10) where,

• (a) no return of contributions is, or was, made, or

• (b) such contributions, having been returned, are repaid in accordance with article 11.

• (3) Where a person to whom sub-article (1) applies became a former member by retiring on pension the contribution payable under article 13 (2) at the termination of his final period of contributing membership shall be reduced by the amount of the contribution paid under that article or under article 13 (2) of the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984, the Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986 or the Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984 when he became a former member, no return of that contribution having been made.

13 Non-periodic contributions.

13.

13. (1) Subject to article 22, where a member was married at any time during the period during which this Scheme, the Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986 or any of the Pension Schemes of 1984 applied to him and he ceases to be a contributing member and such cesser is due to,

• (a) death, or

• (b) retirement on pension or resignation with entitlement to a preserved pension,

then, unless the number of relevant years is nil, a contribution under this article will be payable by way of reduction in the amount of a member's lump sum or death gratuity or preserved lump sum or preserved death gratuity, or in such other manner as the local authority may require.

• (2) A contribution under this article shall—

• (a) be equal to one per cent. of the member's pensionable remuneration multiplied by fifty-two multiplied by the number of relevant years, or

• (b) in the case of a member who is fully insured the contribution shall be equal to one per cent. of his net pensionable remuneration, multiplied by fifty-two, in respect of so much of his relevant years as,

• (i) is pensionable local service given on or after the 27th day of May, 1977, or is a period added under section 35 (2) of the Act of 1956 in respect of pensionable local service given by the member on or after that date, or

• (ii) is pensionable local service which the member would have had on or after the 27th day of May, 1977 if he had not died or retired because of permanent infirmity of mind or body before he reached age 65 or is a period which would have been added if the member had not died or retired because of parmanent infirmity of mind or body before he reached age 65.

• (3) Where the contribution is being deducted from a preserved lump sum or preserved death gratuity, the contribution will be calculated by reference to the pensionable remuneration, as increased under the Pensions (Increase) Act, 1964 (No. 10 of 1964), if appropriate, on which the preserved lump sum or preserved death gratuity was based.

• (4) Where, subsequent to the date on which a member ceases to be a contributing member, the pension payable to him or to his spouse (but not the lump sum or death gratuity) falls to be increased otherwise than in accordance with the Pensions (Increase) Act, 1964 , and regulations thereunder, the local authority may adjust the amount of the contribution under this article to take account of the increase.

• (5)
• (a) (i) At the discretion of the local authority and subject to conditions specified by the Minister, a member may elect to pay to such local authority over a period of twelve months beginning on a date specified by the Minister, being a date not earlier than the date of the election, additional contributions equal in each case to the amount of the periodic contributions payable in respect of that period and in case one or more such additional contributions are made, this article shall, subject to subparagraph (ii), apply to the person by whom the contribution or contributions is or are made subject to the following modification, namely, in calculating what is the number of relevant years that number shall be reduced by one for every contribution made by the person under this subparagraph.

• (ii) Where in any year an additional contribution is paid by a member under subparagraph (i) and in that year the member has less than 250 service days the additional contribution shall be returned to him and the provisions of subparagraph (i) shall not have effect in relation to that additional contribution.

• (b) In any year each additional contribution as referred to in paragraph (a) (i) shall be of an amount equal to the periodic contributions paid by the member in that year, save that, in the case of a member who is fully insured, it shall be of an amount equal to the periodic contributions which would be payable by him if he were not fully insured, where his relevant years comprise reckonable service given before the 27th day of May, 1977 and the reduction consequent on the payment of the additional contribution is to be made from the number of his relevant years which consist of such reckonable service.

• (6)
• (a) For the purpose of this Scheme any period by which the number of relevant years is reduced on account of payment of contributions under sub-article (5) shall be regarded as having been served with the local authority to which such contributions were paid.

• (b) The provisions of section 43 (3) of the Act of 1956 shall apply to contributions paid under sub-article (5).

• (7) Service in excess of forty years shall be disregarded for the purpose of this article.

• (8) Where a member to whom this article applies gave service otherwise than as a registered employee but which is capable of being reckoned under the Act of 1956 or the Revision Scheme of 1984, any portion of that service during which he paid periodic contributions under a scheme which is reciprocal generally with this Scheme may, provided those contributions were not returned to him, or, having been returned, are repaid by him, be excluded in determining the number of relevant years under this article.

• (9) Any reduction effected under this article in the amount of any lump sum shall be left out of account for the purposes of section 41 of the Act of 1956, as modified by clause 9 of Part III of the First Schedule to the Revision Scheme of 1984, and, accordingly, the question whether any and, if so, what gratuity may be granted under that section shall be determined as if no such reduction as aforesaid had been or had to be made.

• (10) In this article "the number of relevant years" means—

• (a) in the case of a member who, being then married, ceases to be a contributing member,

• (i) where such cesser is caused otherwise than by death or retirement because of permanent infirmity of mind or body, the number of years (any fraction of a year being taken into account on a pro-rata basis) of pensionable local service which he then had,

• (ii) where such cesser is due to death or retirement because of permanent infirmity of mind or body, the number of years (any fraction of a year being taken into account on a pro-rata basis) of pensionable local service which he would have had if he had served to age 65,

reduced in each case by the number of years (any fraction of a year being taken into account on a pro-rata basis), if any, for which periodic contributions have been paid by him and are not returnable;

• (b) in the case of a member who being then unmarried, ceases to be a contributing member, the number of years (any fraction of a year being taken into account on a pro-rata basis) of pensionable local service which he had on the date of termination of his last marriage before such cesser reduced by the number of years (any fraction of a year being taken into account on a pro-rata basis), if any, for which periodic contributions have been paid by him and are not returnable.

14 Allocations under the Act of 1956 not to affect rights under Scheme.

14.

14. The fact that section 51 of the Act of 1956 (which enables the partial allocation of pensions to wives and dependants) applies to a member shall not effect his rights under this Scheme and the pension payable under this Scheme in respect of the service of a member shall be calculated as if any surrender under the said section 51 had not been made.

15 Provisions affecting section 52 of the Act of 1956.

15.

15. A spouse's or children's pension granted in respect of a person in respect of whom an allowance is payable under section 52 of the Act of 1956 shall be taken into account for the purpose of determining the amount of the said allowance under section 52 and such allowance together with any spouse's or children's pension shall not exceed 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 which he received the injury.

16 Marriages of members whose early death is to be foreseen.

16.

16. Where a member marries and—

• (a) he dies within the year beginning on the date of the marriage, and

• (b) there are no children born of the marriage, and

• (c) the local authority is of the opinion that his death within the year beginning with the date of the marriage was, at that date, to be foreseen by him or his spouse,

for the purposes of this Scheme the marriage may be regarded by the local authority as not having taken place, and in case the marriage is so regarded all necessary adjustments (including, if need be, repayment to the local authority of sums paid in respect of pensions already granted under this Scheme and returns of contributions made under this Scheme) shall be made accordingly.

17 Giving of information.

17.

17. (1) A member of this Scheme shall give to the local authority such information as is necessary for the proper operation of this Scheme in relation to the member.

• (2) The spouse of a deceased member shall give to the local authority such information as is necessary for the proper operation of this Scheme in relation to him or any children of that member.

• (3) The legal personal representative of a deceased member shall give to the local authority such information as is necessary for the proper operation of this Scheme in relation to the spouse or any children of that member.

• (4) A person having the care of a child of a deceased member shall give to the local authority such information as is necessary for the proper operation of this Scheme in relation to that child.

• (5) Payment of pension under this Scheme shall be subject to the making by the spouse, or where a children's pension is not payable to the spouse, the person having the care of the children in question, of such declaration as the local authority 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 such declaration.

18 Repayment of pensions overpaid.

18.

18. Where at any time a person receives payments on foot of a pension and such person is not entitled under this Scheme to such payments, or if a person receives payments on foot of a pension 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.

19 Pensions to be inalienable.

19.

19. Every assignment of or charge on, and every agreement to assign or charge, a pension payable under this Scheme shall be void and on the bankruptcy of any person entitled to a pension the pension shall not pass to any trustee or other person acting on behalf of the creditors.

20 Application of certain provisions of the Act of 1956 to this Scheme.

20.

20. Sections 55, 56, 57, 58, 59, and 66 of the Act of 1956 shall apply to this Scheme provided that any period reckoned for which contributions were paid under article 13 shall be regarded as having been served with the local authority to which such contributions were paid.

21 Application of the Revision Scheme of 1984 to certain members of this Scheme.

21.

21. (a) The Revision Scheme of 1984 shall apply to a person who pursuant to article 4 (3) elects to become a member of this Scheme notwithstanding the non-exercise by any such person of an option for the said Revision Scheme which he was entitled to exercise pursuant to article 14 of that Scheme.

• (b) The Revision Scheme of 1984 shall apply to a person to whom such Scheme applies solely by virtue of paragraph (a) as if he had exercised the option referred to under article 14 of that Scheme.

22 Application of this Scheme to certain persons referred to in article 4 (2) and (3).

22.

22. (1) The provisions of this Scheme, other than articles 9 and 13, shall apply in relation to a person referred to in article 4 (2) or (3) who before the 31st day of December, 1985 died while serving as a pensionable servant or as a registered employee or ceased to hold his employment with the grant of a superannuation award, and in lieu of the contributions payable under the said articles 9 and 13 a contribution shall be payable under this article in such manner as may be determined by the Minister.

• (2) For the purposes of sub-article (1) "superannuation aware" shall mean—

• (a) an allowance under section 36 of the Act of 1956, a lump sum and allowance under section 36 of the Act of 1956 as modified by clause 4 of Part III of the First Schedule to the Revision Scheme of 1984, or a preserved pension and preserved lump sum under article 11 of the Revision Scheme of 1984,

• (b) a marriage gratuity under section 42 of the Act of 1956 or article 10 of the Revision Scheme of 1984,

• (c) a short service gratuity under section 39 (2) of the Act of 1956, or

• (d) a return of contributions under section 44 (4) of the Act of 1956 where the servant had not less than five years' reckonable service.

• (3) Admission to membership of this Scheme shall be conditional on the repayment of the superannuation award referred to in paragraph (b), (c) or (d) of sub-article (2), as appropriate, to the local authority before the 1st day of January, 1986.

23 Application of this Scheme to persons who ceased to hold their employment before 1 September, 1984 and who are alive on that date.

23.

23. (1) Subject to sub-article (2), the provisions of this Scheme shall apply to a pensionable servant or a registered employee who ceases to hold his employment before the 1st day of September, 1984 with the grant of a superannuation award and who is alive on the said 1st day of September subject to the provisos that—

• (a) on the said 1st day of September he was either married or widowed,

• (b) (i) he was a member of the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984, or

• (ii) he failed to exercise the election referred to in article 4 (3) (a), 4 (5) (a) or 4 (6) (a) of the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984, whichever is appropriate, and

• (c) an election in writing to joint this Scheme is exercised by him or by his spouse or legal personal representative on or before the 31st day of December, 1985 or, in relation to a registered employee who was granted a preserved pension and preserved lump sum, at the time application is made for payment of the preserved pension and preserved lump sum or preserved death gratuity, as appropriate.

• (2)
• (a) The provisions of articles 9 and 13 shall not apply in relation to a person referred to in sub-article (1) and in lieu thereof a contribution shall be payable under this article in such manner as may be determined by the Minister.

• (2)
• (b) The provisions of article 21 shall not apply in relation to a pensionable servant referred to in sub-article (1) and in applying this Scheme the amount of the deceased's pension shall be reduced by one-quarter.

• (3) For the purposes of sub-article (1) "superannuation award" shall mean—

• (a) an allowance under section 36 of the Act of 1956, a lump sum and allowance under section 36 of the Act of 1956 as modified by clause 4 of Part III of the First Schedule to the Revision Scheme of 1984, or a preserved pension and preserved lump sum under article 11 of the Revision Scheme of 1984, or

• (b) a short service gratuity under section 39 (2) of the Act of 1956.

24 Application of this Scheme to spouses of persons who died before 1 September, 1984.

24.

24. (1) Subject to sub-article (2), the provisions of this Scheme shall apply in respect of a pensionable servant or a registered employee who died before the 1st day of September, 1984 subject to the provisos that—

• (a) (i) he died while serving as a pensionable servant or a registered employee and had failed to exercise the election referred to in article 4 (3) (a), 4 (5) (a) or 4 (6) (a) of the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984, whichever is appropriate, or

• (ii) he died after having ceased to hold his employment with the grant of a superannuation award and either—

• (I) had been a member of the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 and married after the date he ceased to hold his employment, or

• (II) had failed to exercise the election referred to in article 4 (3) (a), 4 (5) (a) or 4 (6) (a) of the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984, whichever is appropriate, and married either before or after the date he ceased to hold his employment, and

• (b) an election in writing to join this Scheme is exercised by his spouse or legal personal representative.

• (2)
• (a) The provisions of articles 9 and 13 shall not apply in relation to a person referred to in sub-article (1) and in lieu thereof a contribution shall be payable under this article in such manner as may be determined by the Minister.

• (b) The provisions of article 21 shall not apply in relation to a pensionable servant referred to in sub-article (1) and in applying this Scheme the amount of the deceased's pension shall be reduced by one-quarter.

• (3) For the purpose of sub-article (1) (a) (ii) "superannuation award" shall mean—

• (a) an allowance under section 36 of the Act of 1956, a lump sum and allowance under section 36 of the Act of 1956 as modified by clause 4 of Part III of the First Schedule to the Revision Scheme of 1984, or a preserved pension and preserved lump sum under article 11 of the Revision of 1984, or

• (b) a short service gratuity under section 39 (2) of the Act of 1956.

GIVEN under the Official Seal of the Minister for the Environment

this 10th day of November, 1986.

JOHN BOLAND,

Minister for the Environment.

The Minister for the Public Service hereby consents to the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986.

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

this 10th day of November, 1986.

RUAIRI QUINN,

Minister for the Public Service.

EXPLANATORY NOTE.

This Scheme provides pensions for the spouses and children of certain employees of local authorities serving in a pensionable capacity on or after 1 September, 1984 or who retired or died before that date.