S.I. No. 316/1987 - Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987

S.I. No. 316 of 1987.

LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1956 (CONSOLIDATION) SCHEME, 1987.

PART I. PRELIMINARY AND GENERAL.

1. Short title.

2. Commencement.

3. Interpretation.

PART II. PENSIONABLE OFFICERS.

4. Register of pensionable officers.

5. Removal from the register of person ceasing to be registrable officer.

6. Notification to local authority of cesser of office under another local authority.

7. General limitations on service to be reckoned by pensionable officer.

8. Reckoning service of pensionable officer.

9. Pensionable local service of pensionable officer.

10. Addition to pensionable local service of pensionable officer.

11. Service of pensionable officer at termination of office.

12. Grant of lump sum and allowance to pensionable officer on his ceasing to hold office.

13. Determination of lump sum granted to pensionable officer.

14. Determination of allowance granted to pensionable officer.

15. Reduction of lump sum and allowance of pensionable officer for unsatisfactory service.

16. Grant of short service gratuity to pensionable officer.

17. Grant of gratuity in respect of deceased pensionable officer.

18. Grant of gratuity in respect of deceased grantee under article 12.

19. Grant of gratuity to female pensionable officer on marriage.

20. Pensionable officers granted special leave without pay to take up appointments with E.E.C. institutions.

21. Contributions by pensionable officers.

22. Return of contributions to pensionable officers.

23. Repayment of returned contributions (pensionable officer).

24. Exclusions from salary and emoluments.

25. Calculation of pensionable remuneration of pensionable officer.

26. Transitional provisions for Part II.

PART III. PENSIONABLE SERVANTS.

27. Register of pensionable servants.

28. Removal from the register of person ceasing to be servant, etc.

29. Notification to local authority of cesser of employment under another local authority.

30. General limitations on service to be reckoned by pensionable servant.

31. Reckoning service of pensionable servant.

32. Pensionable local service of pensionable servant.

33. Grant of allowance to pensionable servant on his ceasing to hold employment.

34. Determination of allowance granted to pensionable servant.

35. Reduction of allowance of pensionable servant for unsatisfactory service.

36. Grant of short service gratuity to pensionable servant.

37. Grant of gratuity in respect of deceased pensionable servant.

38. Grant of gratuity in respect of deceased grantee under article 33.

39. Grant of gratuity to female pensionable servant on marriage.

40. Contributions by pensionable servants.

41. Return of contributions to pensionable servants.

42. Repayment of returned contributions (pensionable servant).

43. Exclusions from wages and emoluments.

44. Calculation of pensionable remuneration of pensionable servant.

45. Transitional provisions for Part III.

PART IV. ADDITIONAL BENEFITS.

46. Surrender of portion of allowance.

47. Gratuity or allowance in case of injury.

48. Gratuity — part-time, permanent, non-pensionable officer.

49. Allowances in certain special cases.

PART V. FINANCIAL PROVISIONS.

50. Local authority by whom payment is to be made.

51. Area of charge of payment of local authority.

52. Refunds in certain cases.

53. Agreements in relation to contributions.

PART VI MISCELLANEOUS.

54. General provision as to allowance being for life.

55. Assignment of allowance, etc.

56. Suspension or reduction of allowance.

57. Ascertainment of continuance of infirmity.

58. Cancellation of allowance on conviction of offence.

59. Particulars of benefits in advance of retirement.

60. Appeals to the Minister.

61. Repayment of contributions under Act of 1948.

62. Repayment of gratuity.

63. Repayment of lump sum, allowance, gratuity overpaid.

64. General restrictions on grants.

65. Revocations.

S.I. No. 316 of 1987.

LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1956 (CONSOLIDATION) SCHEME, 1987.

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 Finance, hereby makes the following Scheme:

PART I. PRELIMINARY AND GENERAL

1 Short title.

1.

1.—This Scheme may be cited as the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987.

2 Commencement.

2.

2.—(1) Parts I, IV, V and VI of this Scheme shall be deemed to have come into force on the 27th day of March, 1956.

• (2) Part II of this Scheme shall be deemed to have come into force on the 1st day of April, 1956.

• (3) ( a ) Part III of this Scheme shall be deemed to have come into force in relation to a local authority on the date Part III of the Act of 1956 came into operation in relation to them, that is to say—

• (i) in relation to a local authority who passed a resolution under section 5 of the Act of 1948 — on the 1st day of April, 1956,

• (ii) in relation to a mental hospital authority — on the 1st day of April, 1961,

• (iii) in relation to a local authority, not being a local authority referred to in subparagraph (i) or a mental hospital authority, who passed a resolution under section 5 of the Act of 1956 — on the date specified in the resolution,

• (iv) in any other case — on the 1st day of January, 1984.

( b ) In relation to the period ending on the 31st day of December, 1983 a reference in Part III of this Scheme to a local authority does not include a reference to any local authority in relation to whom that part had not come into operation save where the reference is in relation to service as an officer.

( c ) The commencement of Part III of this Scheme in relation to a local authority shall not have the effect of applying section 53 of the Act of 1925 to such local authority.

3 Interpretation.

3.

3.—(1) In this Scheme—

"the Act of 1909" means the Asylum Officers' Superannuation Act, 1909, (9 Edw. 7, c.48);

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

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

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

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

"the appropriate Minister" means—

( a ) in case the local authority in question are a vocational education committee, the Minister for Education,

( b ) in case the local authority in question are a committee of agriculture, the Minister for Agriculture, in respect of the period beginning on the 1st day of April, 1956 and ending on the 30th day of June, 1980.

( c ) in any other case, the Minister;

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

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

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

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

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

"emolument" means, subject to articles 24 and 43, any apartments, rations, or other perquisites in kind (or, as the case may require, a monetary payment given in lieu of such apartments, rations, or other perquisites) appertaining to an office or employment and all fees, poundage and commission of an officer or servant as such for his own use;

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

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

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

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

"local authority" shall have the meaning assigned to it in section 1 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) and in addition shall include a body within the meaning of section 2(9) of that Act;

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

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

"the Minister" means the Minister for the Environment;

"officer" does not include a person holding any of the offices mentioned in section 17 of the Local Government Act, 1941 (No. 23 of 1941);

"pensionable local service"—

( a ) in relation to a pensionable officer, has the meaning assigned to it in article 9, and

( b ) in relation to a pensionable servant, has the meaning assigned to it in article 32;

"pensionable officer" means an officer of a local authority whose name is entered in the register of pensionable officers maintained by such local authority under article 4;

"pensionable servant" means a servant of a local authority whose name is entered in the register of pensionable servants maintained by such local authority under article 27;

"permanent officer" means an officer whose appointment was, at the time thereof, declared to be an appointment in a permanent capacity;

"registrable officer" means a permanent officer who—

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

( b ) in the case of an officer who acts as superintendent registrar of births, deaths and marriages or as registrar of marriages, devotes the remainder of his time to the service of one or more than one local authority,

( c ) is required to be a registered medical practitioner,

( d ) is a midwife whose name is entered under article 26, or

( e ) is sharing a wholetime office with one other officer under an approved job-sharing scheme;

"salary" means, subject to article 24, payments as salary to an officer as such for his own use and, in the case of an officer who is suspended or absent on leave and who, as respects the period of suspension or absence, does not receive a part of the payments as salary to him for his own use which he would have received if he had not been suspended or absent on leave, includes that part;

"servant" includes a person holding any of the offices mentioned in article 17 of the Local Government Act, 1941 (No. 23 of 1941),other than the office of coroner;

"service day" means—

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

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

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

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

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

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

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

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

• (ii) either—

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

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

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

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

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

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

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

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

"unfitness" means unfitness of an officer or servant for his office or employment, but does not include unfitness due to infirmity of mind or body or old age;

"wages" means, subject to article 43, payments as wages to a servant as such for his own use and—

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

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

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

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

• (2) Paragraph (a) (ii) of the definition of "service day" contained in this article shall be applied for the purpose of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to articles 33 and 34 in relation to a pensionable servant who ceased to hold his employment before the 10th day of January, 1984 subject to the proviso that the amount of any additional allowance so payable shall be reduced by one-quarter.

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

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

• (5) In this Scheme references to provisions of the Social Welfare (Consolidation) Act, 1981 shall be construed, as respects matters arising before the coming into operation of that Act, as references to the corresponding provisions of the Social Welfare Acts 1952 to 1980 which were repealed and re-enacted in that Act.

PART II. PENSIONABLE OFFICERS.

4 Register of pensionable officers.

4.

4.—(1) A local authority shall maintain a register to be known as the register of pensionable officers (in this Part of this Scheme referred to as the register).

• (2) Where a person becomes a registrable officer of a local authority before the 1st day of June, 1978, the local authority shall enter his name in the register and shall notify him accordingly within one month.

• (3) An officer of a local authority aggrieved by the refusal of or failure by the local authority to enter his name in the register may appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be entered in the register as from a specified date and, in the latter case, the local authority shall enter the name in the register as from that date.

• (4) A local authority shall keep at their principal office the register open at all reasonable times for inspection by their officers and by either—

( a ) in the case of the corporation of a borough, the members of the council of the borough, or

( b ) in any other case, the members of the local authority.

• (5) ( a ) Where an officer of a mental hospital authority was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961 , contributing under section 85 of the Act of 1945 or section 9 of the Act of 1909, the authority shall enter his name in the register as from such commencement.

( b ) It shall be the duty of a mental hospital authority to complete the entries in the register consequent upon this sub-article (apart from entries made as a result of appeals under paragraph (c)) within six months after the commencement of section 41 of the Mental Treatment Act, 1961 .

( c ) Sub-article (3) shall not apply where a person is aggrieved by the refusal of or failure by a mental hospital authority to enter consequent upon this sub-articles his name in the register, but such person, in lieu of appealing under that sub-articles, may, within twelve months after the commencement of section 41 of the Mental Treatment Act, 1961 , appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be entered in the register as from such commencement and, in the latter case, the authority shall enter the name in the register as from such commencement.

( d ) Where an officer of a mental hospital authority was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961 , contributing under section 85 of the Act of 1945 or section 9 of the Act of 1909, such officer may, within twelve months after such commencement, signify in writing to the authority that he opts that paragraph (a) is not to apply in relation to him, and thereupon—

• (i) paragraph (a) shall be deemed never to have applied in relation to him, and

• (ii) if at any time after such commencement he becomes a mental hospital officer and sub-article (2) would, apart from this subparagraph, then apply in relation to him, that sub-article shall not apply if the time when he becomes a mental hospital officer is in the period of his continuous service as a mental hospital officer beginning on such commencement.

( e ) Where a person whose name is entered under this sub-articles by a mental hospital authority in the register was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961 , contributing under section 9 of the Act of 1909, and was for the purposes of that Act an officer of the first class, the provisions of sections 77, 78 and 79 of the Act of 1945 shall, notwithstanding section 64(2) (a) 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.

( f ) Where a person whose name is entered under this sub-article by a mental hospital authority in the register was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961 , subject, by virtue of section 64 of the Act of 1945, to the Act of 1909, he shall, as from such commencement, cease to be subject to that Act.

( g ) Where the name of a person, other than a person to whom paragraph (f) applies is entered by a mental hospital authority in the register and either—

• (i) the entry is under this sub-article, or

• (ii) the entry being made otherwise than under this sub-article, it is made as from the expiration of a continuous period of such person's being a mental hospital servant which began on the commencement of section 41 of the Mental Treatment Act, 1961 , and as from the commencement of which such person's name was entered under article 27(4),

the following provisions shall have effect:

• (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,

• (II) sections 63(2), 77, 78 and 79 of the said Act shall not apply to him save during his continuous period of being a mental hospital officer beginning at the time as from which the mental hospital authority enter his name in the register.

( h ) Where, in a case other than a case to which paragraph (e) or (g) applies, the name of a person is entered otherwise than under this sub-article by a mental hospital authority in the register, Part VIII of the Act of 1945, other than section 65 of that Act, shall not apply to such person.

5 Removal from the register of person ceasing to be registrable officer.

5.

5.—(1) A local authority shall remove from the register the name of any person who ceases to be a registrable officer of such local authority and shall notify him accordingly within one month.

• (2) The removal of a name from the register may be effected by a note on the register indicating that the name has been removed and the date of the removal, and the reinstatement of a name in the register may be effected by a note on the register indicating that the name has been reinstated and the date of the reinstatement.

• (3) A person aggrieved by the removal of his name by a local authority from the register may, within six months after the removal is notified to him, appeal against the removal to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be reinstated in the register and, in the latter case, the local authority shall reinstate the name in the register.

6 Notification to local authority of cesser of office under another local authority.

6.

6.—Where a pensionable officer of a local authority ceases to hold any office under them, they shall so inform any other local authority under whom such officer holds any office or employment.

7 General limitations on service to be reckoned by pensionable officer.

7.

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

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

( b ) any period in respect of which he has already received a lump sum, an allowance or a gratuity under this Scheme or under any other scheme relating to superannuation or under any Act relating to superannuation service for the purposes of which is capable of being reckoned under this Scheme, unless in the case of a gratuity, having been entitled to repay such gratuity, he has done so,

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

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

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

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

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

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

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

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

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

( c ) the appropriate Minister may either refuse the appeal or declare that all or part of the period of service shall be restored and, in the latter case, the said sub-article (1) (f) shall have effect subject to the declaration.

• (3) The provisions of sub-article (1) (d) (ii) shall be applied as respects a pensionable officer who ceased to hold office before the 10th day of January, 1984, for the purpose of determining with effect from the said 10th day of January, the amount of an allowance pursuant to articles 12 and 14, subject to the proviso that the amount of any additional allowance so payable shall be reduced by one-quarter where the provisions of article 26(10) apply.

8 Reckoning service of pensionable officer.

8.

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

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

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

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

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

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

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

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

( g ) service as respects an officer of a vocational education committee or as respects a person who is a pensionable officer of a local authority on or after the 1st day of January, 1968 that consists of—

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

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

• (iii) a period of not less than five years, or periods of not less than five years in the aggregate,—

• (I) which began after the officer attained the age of twenty-one years and ended before the 31st day of July, 1924, and

• (II) as respects which the Minister for Education is satisfied that during the whole period thereof such officer devoted the whole of his time under the direction of Connradh na Gaeilge to the teaching of the Irish language or to the organisation of such teaching, or

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

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

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

( j ) as respects a person who is a pensionable officer on or after the 1st day of January, 1970, not more than two years' emergency military service, not being service referred to in paragraph (h), where for such period the person—

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

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

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

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

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

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

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

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

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

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

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

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

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

( k ) as respects a person who is a pensionable officer on or after the 1st day of January, 1970, not more than two years' service as a member of the army nursing service during the period beginning on the 2nd day of September, 1939 and ending on the 31st day of October, 1946, subject to the proviso that such service shall not be reckonable—

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

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

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

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

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

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

( c ) which, immediately before the commencement of this Part of this Scheme, he was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him,

( d ) as respects a person who is a pensionable officer on or after the 1st day of January, 1968, which at any time before the commencement of this Part of this Scheme he was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him, not being service which he is entitled to reckon under paragraph (c), or

( e ) as respects a pensionable officer who ceased to hold office on or before the 31st day of December, 1967, which at any time before the commencement of this Part of this Scheme he was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him, not being service which he is entitled to reckon under paragraph (c), for the purpose of determining with effect from the 1st day of January, 1968 the amount of an allowance pursuant to articles 12 and 14 subject to the following provisos:

• (i) that, with effect from the said 1st day of January, any period added pursuant to article 10(10) shall be disregarded, and

• (ii) that the amount of the additional allowance so payable pursuant to this sub-article shall be reduced by one-quarter in any case where the provisions of article 26(10) apply.

• (3) Where, as respects a pensionable officer,—

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

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

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

• (4) ( a ) Where as respects a person who is a pensionable officer on or after the 1st day of January, 1968—

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

• (ii) the period specified in subparagraph (i) was at any time succeeded by a period of service in a position service in which is, apart from sub-article (2) or (3) of this article, capable of being reckoned by him under this Scheme,

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

( b ) The provisions of paragraph (a) shall be applied for the purpose of determining with effect from the 1st day of January, 1968 the amount of an allowance pursuant to articles 12 and 14 in relation to a pensionable officer who ceased to hold office on or before the 31st day of December, 1967, subject to the provisos—

• (i) that, with effect from the said 1st day of January, any period added pursuant to article 10(10) shall be disregarded, and

• (ii) that the amount of the additional allowance so payable pursuant to this sub-article shall be reduced by one-quarter in any case where the provisions of article 26(10) apply.

• (5) ( a ) Where a person is a pensionable officer on or after the 1st day of January, 1968 he shall be entitled to reckon as service—

• (i) a continuous or substantially continuous period of wholetime service as a temporary officer of a local authority,

• (ii) a period of wholetime unestablished service in the civil service rendered after attaining the age of sixteen years,

• (iii) a period of service which is partly of the kind referred to at (i) and partly of the kind referred to at (ii) where such parts are continuous with each other,

where such periods were immediately succeeded by service which is capable of being reckoned as service under this Scheme.

( b ) The provisions of paragraph (a) shall be applied for the purpose of determining, with effect from the 1st day of January, 1968, the amount of an allowance pursuant to articles 12 and 14 in relation to a pensionable officer who ceased to hold office on or before the 31st day of December, 1967, subject to the provisos—

• (i) that, with effect from the said 1st day of January, any period added pursuant to article 10(8) shall be disregarded, and

• (ii) that the amount of the additional allowance so payable pursuant to this sub-article shall be reduced by one-quarter in any case where the provisions of article 26(10) apply.

( c ) In this sub-article "substantially continuous period" means two or more periods of temporary wholetime service as an officer of a local authority which were interrupted by a break or breaks of service and, for this purpose, service of the following kinds shall not be regarded as breaks of service

—part-time or wholetime established or unestablished service in the civil service rendered after attaining the age of 16 years,

—as a wholetime servant of a local authority,

—with a body or bodies which are approved by the Minister either for the purposes of sub-article (1)(f) or article 31(1)(f),

—with the Defence Forces,

—as a superintendent or assistant superintendent registrar of births, deaths and marriages or as a registrar of marriages,

—such other service as the Minister may specify,

subject to the proviso that any period shall not be reckonable which occurred before a break of service, or a number of such breaks, the duration of which was in the whole or in the aggregate—

• (i) in case the officer ceased to hold office before the 16th day of February, 1973, more than three hundred and sixty five days, and

• (ii) in case the officer ceased to hold office on or between the 16th day of February, 1973 and the 31st day of May, 1974, more than three years.

• (6) ( a ) Where a person is a pensionable officer on a date on or after the 1st day of June, 1974, he shall be entitled to reckon as service—

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

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

being service which is not reckonable as service under sub-article (5), provided such periods were succeeded, whether immediately or not, by a period of service in a position service in which is capable of being reckoned under this Scheme.

( b ) The provisions of paragraph (a) shall be applied for the purposes of determining, with effect from the 1st day of June, 1974, the amount of an allowance pursuant to articles 12 and 14 in relation to a pensionable officer who ceased to hold office on or before the 31st day of May, 1974, subject to the provisos—

• (i) that, with effect from the said 1st day of June, any period added pursuant to article 10(8) shall be disregarded, and

• (ii) that the amount of the additional allowance payable pursuant to this sub-article shall be reduced by one-quarter in any case where the provisions of article 26(10) apply.

• (7) Subject to article 10(9), where a person is a pensionable officer on a date on or after the 1st day of January, 1968, he shall be entitled to reckon as service periods of wholetime service which he had while employed as a personal assistant by an officer of a local authority under an arrangement approved of by that local authority provided such periods were succeeded, whether immediately or not, by a period of service in a position service in which is capable of being reckoned under this Scheme.

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

• (9) Notwithstanding the provisions of section 63(5) of the Act of 1945, a pensionable officer to whom the provisions of that section apply may elect to have the provisions of sub-article (5)(a) or (6)(a) applied to him in lieu of the provisions of the said section 63(5).

• (10) ( a ) The provisions of paragraphs (j) and (k) of sub-article (1) shall be applied for the purpose of determining with effect from the 1st day of January, 1970 the amount of an allowance pursuant to articles 12 and 14 in relation to a pensionable officer who ceased to hold office on or before the 31st day of December, 1969, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter where the provisions of article 26(10) apply.

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

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

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

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

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

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

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

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

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

• (11) The provisions of sub-article (1)(g)(iv) shall be applied for the purpose of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to articles 12 and 14 in relation to a pensionable officer who ceased to hold office before the 10th day of January, 1984, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter where the provisions of article 26(10) apply.

9 Pensionable local service of pensionable officer.

9.

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

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

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

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

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

whichever is the more favourable to him.

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

10 Addition to pensionable local service of pensionable officer

10.

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

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

( b ) his office is abolished, or

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

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

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

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

• (2) Where a pensionable officer of a local authority whose pensionable local service is ten years or more ceases to hold his office otherwise than by removal for misconduct or unfitness, the local authority may, if they so think fit, add to his pensionable local service a period not exceeding ten years or, where a period has been added under sub-article (1), not exceeding the difference between that period and ten years, but such an addition shall not be made save in the circumstances set out in sub-articles (3) to (14).

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

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

( a ) a period shall not be added save for the purpose of the calculation of a lump sum under article 13 and an allowance under article 14;

( b ) a period added in accordance with sub-article (8) which is regarded as pensionable local service shall not have the effect, in the case of a gratuity, of making the pensionable local service of an officer greater than five years;

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

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

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

• (i) his service were forty years, and

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

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

• (5) ( a ) Subject to sub-articles (14), where a pensionable officer of a local authority retires from an office which is—

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

• (ii) an office of part-time dispensary midwife and the officer is a person whose name is entered in the register under article 26, or

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

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

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

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

• (6) ( a ) Where a pensionable officer of a local authority retires because of permanent infirmity of mind or body before attaining the age limit for the office or, in case there is no age limit, before attaining the age of sixty-five years, the local authority may add to his pensionable local service a period not exceeding five years or half of the difference between such service (together with any period added in accordance with sub-articles (5), (8), (9) and (10)) and forty years (whichever is the greater).

( b ) A period added in respect of retirement because of permanent infirmity of mind or body shall not be such as to make the service of the officer for the purposes of this Part of this Scheme greater than his pensionable local service, together with any period added under this article, would be if he were to continue in office until he attained the age of sixty-five years.

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

( d ) A period shall not be added in respect of retirement because of permanent infirmity of mind or body unless the local authority are satisfied that the infirmity is permanent and is such as to prevent the officer from discharging his duties with reasonable efficiency and unless the officer gives to the local authority a certificate of a medical practitioner specifying the nature of the infirmity, the extent to which the officer is incapacitated and stating the opinion of the medical practitioner as to the permanency of the incapacity.

• (7) Where a pensionable officer of a local authority—

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

• (ii) retires from an office on or after the 1st day of January, 1968 on account of an age-limit and he has at his retirement served in a pensionable capacity in an office or offices under a local authority or local authorities continuously with service in a pensionable capacity in an office under a local authority in which it had not been a condition of his appointment that he should retire at that age,

the following provisions shall apply—

• (I) where he retires within four years of the first coming into operation of an age limit for the office, the local authority may add to his pensionable local service a period not exceeding one-half of the difference between his pensionable local service (together with any period added in accordance with sub-articles (5), (8), (9) and (10)) and forty years or a period not exceeding five years (whichever is the greater), or

• (II) where he retires four years or more after the first coming into operation of an age limit for the office, the local authority may add to his pensionable local service a period not exceeding whichever of the following periods is the greater:—

• (A) one-quarter of the difference between his pensionable local service (together with any period added in accordance with sub-articles (5), (8), (9) and (10)) and forty years, or

• (B) whichever is the greater of the following, viz., five years or one-half of the difference between his pensionable local service (together with any period added in accordance with sub-articles (5), (8), (9) and (10)) and forty years, the said five years and the said half being reduced by one year in respect of each six months and any odd period of less than six months during which he was an officer of a local authority between the fourth anniversary of the first coming into operation of an age limit for the office and his retirement.

• (8) ( a ) Where—

• (i) during a period or continuous periods, an officer held an office or offices under a local authority or local authorities in a temporary capacity,

• (ii) the period or periods would have been reckonable under this Scheme if he had held the office or offices during the period or periods in a permanent capacity, and

• (iii) the period or periods was or were continuous with and immediately preceding service as an officer of a local authority reckonable under this Scheme,

the local authority may add to his pensionable local service a period not exceeding one-half the first-mentioned period or periods.

( b ) Paragraph (a) shall not apply in relation to any period of service which is reckonable as service pursuant to sub-article (5)(a) or (6)(a) of article 8.

• (9) ( a ) Where a person, before the commencement of this Part of this Scheme, was employed as a personal assistant by an officer of a local authority under an arrangement approved of by that local authority and the period of that employment was continuous with and preceded service as an officer of a local authority reckonable under this Scheme, the local authority may add to his pensionable local service a period not exceeding one-half the first-mentioned period or periods.

( b ) Paragraph (a) shall not apply in relation to any period of service which is reckoned as service pursuant to article 8(7).

• (10) ( a ) Where a pensionable officer of a local authority, before the commencement of this Part of this Scheme, held an office in a permanent capacity for a period that would have been reckonable for the purposes of this Scheme had it been immediately succeeded by service reckonable under this Scheme, the local authority may add to his pensionable local service a period not exceeding one-half of the first-mentioned period.

( b ) Paragraph (a) shall not apply in relation to any period of service which is reckoned as service pursuant to paragraph (d) or (e) of sub-article (2) or sub-article (4) or article 8.

• (11) Where the aggregate service of a pensionable officer amounts to a number of completed years and a fraction of a year exceeding three-quarters, the local authority may add such period as will make a completed number of years of service.