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

• (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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.