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

• (i) service (being service which, apart from this sub-articles, would not be service as a pensionable servant) as a servant of a local authority which is service that the servant would have been entitled to reckon for superannuation purposes if he had continued to be such servant,

• (ii) any period of employment, being before the commencement of this Part of this Scheme in relation to the local authority and not being any period which he is entitled to reckon under sub-article (8) under that or any other local authority during a local financial year in which he had two hundred or more service days or being the local financial year beginning on the 1st day of April, 1974 and ending on the 31st day of December, 1974, such number of service days as is specified in paragraph 19(c) of the First Schedule to the Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order, 1974 ( S.I. No. 215 of 1974 ), and

• (iii) any period of employment under that or any other local authority in the local financial year from the commencement of which his name was entered in the register of a local authority or was deemed to have been in the register of that local authority or of any other local authority pursuant to sub-article (5), (6) or (8) of article 27.

• (3) ( a ) For the purposes of paragraph (a) of sub-article (1) and that paragraph as extended by sub-article (2) (but not for the purposes of that paragraph as extended by sub-article (8) as respects that extension), a person shall be deemed to have service on service days only (disregarding, where the service days in a particular local financial year exceed—

• (i) in relation to the local financial year beginning on the 1st day of April, 1974 and ending on the 31st day of December, 1974 — such number of service days as is specified in paragraph 19(d) of the First Schedule to the Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order, 1974 ( S.I. No. 215 of 1974 ), and

• (ii) in relation to any other local financial year — three hundred, the excess service days) and the aggregate of those days shall be expressed in terms of years by dividing such aggregate by three hundred.

( b ) Notwithstanding the provisions of paragraph (a), the aggregate of days to be expressed in terms of years by dividing by three hundred shall be reduced by one-half before such division for any period during which the servant shared wholetime employment with another servant under an approved job-sharing scheme.

• (4) Where, as respects a pensionable servant,—

( 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) was immediately succeeded by a period of service in a position service in which is, apart from sub-article (9), 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.

• (5) ( a ) Where as respects a person who is a pensionable servant on or after the 1st day of January, 1968 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, such person shall be entitled to reckon such period 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 33 and 34 in relation to a pensionable servant who ceased to hold his employment on or before the 31st day of December, 1967, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.

• (6) ( a ) Where a person is a pensionable servant 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 immediately continuous with each other,

• (iv) a period of service which is of the kind referred to at (i), (ii) or (iii) immediately followed by a period of service as a servant of a local authority,

where such periods were immediately succeeded 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 purpose of determining, with effect from the 1st day of January, 1968, the amount of an allowance under articles 33 and 34 in relation to a pensionable servant who ceased to hold his employment on or before the 31st day of December, 1967, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.

( 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 sixteen 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 8(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 servant ceased to hold employment before the 16th day of February, 1973, more than three hundred and sixty-five days, and

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

• (7) ( a ) Where a person is a pensionable servant 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 (6) where such periods were succeeded, whether immediately or not, by 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 purpose of determining with effect from the 1st day of June, 1974, the amount of an allowance pursuant to articles 33 and 34 in relation to a pensionable servant who ceased to hold his employment on or before the 31st day of May, 1974, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.

• (8) In paragraphs (a) and (e) of sub-article (1) "service as a pensionable servant" shall be deemed to include any period of service as a servant under the local authority or any other local authority which the servant was entitled to reckon for superannuation purposes under any Act passed before the Act of 1948 and relating to superannuation which applied to him (including, notwithstanding article 30(1) (d), any such period during a local financial year during which he had not two hundred or more service days).

• (9) In paragraphs (b) 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,

( 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 servant 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 servant who ceased to hold his employment 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 33 and 34, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.

• (10) Where the records of the service before the 1st day of April, 1948, of a pensionable servant are incomplete, the local authority may, if they so think fit, take as his period of service a period determined on the assumption that his service record as respects the period covered by records and his service as respects the period not covered by records are similar.

• (11) ( a ) The provisions of sub-article (1) (h) 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 33 and 34 in relation to a pensionable servant who ceased to hold his employment 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.

( b ) For the purposes of sub-article (1) (h)—

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

• (12) Notwithstanding the provisions of section 63(5) of the Act of 1945, a pensionable servant to whom the provisions of that section apply may elect to have the provisions of sub-article (6) (a) or (7)(a) applied to him in lieu of the provisions of the said section 63(5).

32 Pensionable local service of pensionable servant.

32.

32.—(1) For the purposes of this Scheme, the pensionable local service of a pensionable servant at any time shall, subject to sub-article (3) (b), be the number of whole years in the period or in the aggregate of the periods which under this Part of this Scheme he is entitled to reckon as service, any odd fraction of a whole year being disregarded.

• (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 servant who is a fire brigade servant 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 servant shall be that period or aggregate together with the excess of that period or aggregate over twenty years, any odd fraction of a whole year being disregarded.

• (3) ( a ) Where a pensionable servant of a local authority who becomes a fire brigade servant 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 servant or as a servant 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 servant of a local authority, not being a fire brigade servant or a servant 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 servant 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 corresponding to the enhanced credit being provided by sub-article (2), such service shall, where the last such period ended on or after the 1st day of January, 1986, be increased by one-third for the purposes of sub-article (1).

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

33.

33.—(1) Where—

( a ) a pensionable servant of a local authority ceases to hold his employment and is not employed in another position service in which is capable of being reckoned under this Scheme, and

( b ) the local authority either are of opinion that he has served in such employment with diligence and fidelity and to their satisfaction or, not being of that opinion, they nevertheless decide that, in the special circumstances of his case, he should be granted a reduced allowance,

the local authority shall grant him an allowance in any of the cases specified in sub-article (2).

• (2) The cases referred to in sub-article (1) are the following:

( a ) where the servant has ceased to hold his employment otherwise than by being discharged for misconduct or unfitness and—

• (i) he has attained the age of sixty years and has not less than twenty years of pensionable local service,

• (ii) he is a fire brigade servant or his name is entered in a register maintained under section 65 of the Act of 1945, has attained the age of fifty-five years and has not less than twenty years of pensionable local service, or

• (iii) he has become incapable of performing his duties by reason of permanent infirmity of mind or body and has not less than ten years of pensionable local service;

( b ) where the servant has ceased to hold his employment on account of having attained the age limit therefor and has not less than ten years of pensionable local service.

34 Determination of allowance granted to pensionable servant.

34.

34.—The allowance to be granted to a pensionable servant under article 33 on his ceasing to hold his employment shall be either—

( a ) an allowance at the rate per week of one-sixtieth of his pensionable remuneration multiplied by the number of the years of his pensionable local service, or

( b ) an allowance at the rate per week of two-thirds of his pensionable remuneration,

whichever is the less.

35 Reduction of allowance of pensionable servant for unsatisfactory service.

35.

35. —(1) Where a local authority decide under article 33 that a pensionable servant shall be granted a reduced allowance the following provisions shall apply:

( a ) subject to the provisions of sub-article (2), as respects a person who ceased to hold his employment as a pensionable servant before the 10th day of January, 1984, the amount of the allowance granted to him under article 33 shall be reduced below the amount that would be appropriate therefor under article 34 and to an extent not less than fifty per cent., and

( b ) as respects a person who is a pensionable servant on or after the 10th day of January, 1984, either—

• (i) the amount of the allowance that would be appropriate under article 34 shall be reduced by the amount of any loss of funds to the local authority for which the person is culpable or payment suspended until such time as the total loss is recovered by the local authority, or

• (ii) the allowance shall be reduced by such amount as the local authority in the special circumstances of the case consider proper.

• (2) Where it is favourable to him, the provisions of sub-article (1) (b) shall be applied in relation to a pensionable servant who was granted a reduced allowance under article 34 and who ceased to hold his employment before the 10th day of January, 1984, with effect from the 10th day of January, 1984, or, where the provisions of sub-article (1) (b) (i) are applied, from a date not earlier than the said 10th day of January, on which the total loss of funds is recovered by the local authority, for the purpose of determining the rate of allowance under article 34.

36 Grant of short service gratuity to pensionable servant.

36.

36.—(1) Where a pensionable servant of a local authority having not less than one year and less than five years of pensionable local service ceases to hold his employment on account of being incapable of performing his duties by reason of permanent infirmity of mind or body, the local authority shall grant to him a gratuity of such amount, not exceeding his pensionable remuneration multiplied by four and one-third multiplied by the number of the years of his pensionable local service, as they consider proper.

• (2) Where a pensionable servant of a local authority having not less than five years and less than ten years of pensionable local service ceases to hold his employment on account of being incapable of performing his duties by reason of permanent infirmity of mind or body, the local authority shall grant to him a gratuity of such amount, not exceeding his pensionable remuneration multiplied by fifty-two, as they consider proper.

37 Grant of gratuity in respect of deceased pensionable servant.

37.

37.—(1) Where a pensionable servant of a local authority dies in his employment having not less than one year and less than five years of pensionable local service, the local authority shall grant to his legal personal representative a gratuity of such amount, not exceeding his pensionable remuneration multiplied by four and one third multiplied by the number of the years of his pensionable local service, as they consider proper.

• (2) Where a pensionable servant of a local authority dies in his employment having not less than five years of pensionable local service, the local authority shall grant to his legal personal representative a gratuity of an amount equal to his pensionable remuneration multiplied by fifty-two.

• (3) Notwithstanding the provisions of sub-articles (1) and (2), the gratuity may, as respects a pensionable servant of a local authority who dies in his employment on or after the 1st day of January, 1986 and who is married at the date of death, be granted at the discretion of the local authority to the widow or widower, as appropriate.

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

38.

38.—Where a person, who was a pensionable servant of a local authority and who was granted under article 33 an allowance on his ceasing to hold his employment, dies before the total of all sums received by him on foot of the allowance is equal to his pensionable remuneration multiplied by fifty-two, the local authority shall grant to his legal personal representative, or, if he dies on or after the 1st day of January, 1986, at the discretion of the local authority, to the widow, widower or legal personal representative, as appropriate, a gratuity equal to the difference between the said total amount and the said pensionable remuneration multiplied by fifty-two.

39 Grant of gratuity to female pensionable servant on marriage.

39.

39.—Where a female pensionable servant of a local authority who has not less than five years of pensionable local service, having ceased to hold her employment by reason of her marriage or intended marriage, produces, before the expiration after such cesser of three months or such longer period as the local authority in the circumstances of the particular case consider reasonable, to the local authority a marriage certificate showing that she has been married, the following provisions shall have effect:

( a ) if the local authority are of opinion that she has served in her employment with diligence and fidelity and to their satisfaction, the local authority shall grant to her a gratuity of an amount equal to—

• (i) her pensionable remuneration multiplied by four and one-third multiplied by the number of years of her pensionable local service, or

• (ii) her pensionable remuneration multiplied by fifty-two,

whichever is the less;

( b ) if the local authority, although not being of opinion that she has served in her employment with diligence and fidelity and to their satisfaction, nevertheless decide that, in the special circumstances of the case, she should be granted a reduced gratuity, they shall grant to her a gratuity of an amount equal to the amount that would be appropriate under paragraph (a) reduced—

• (i) as respects a person who ceased to hold her employment as a female pensionable servant before the 10th day of January, 1984, to such extent, not less than fifty per cent., as they consider proper, and

• (ii) as respects a person who is a female pensionable servant on or after the 10th day of January, 1984, either—

• (I) by the amount of any loss of funds to the local authority for which the person is culpable, or

• (II) by such amount as the local authority in the special circumstances of the case consider proper.

40 Contributions by pensionable servants.

40.

40.—(1) Subject to the following provisions of this article, a pensionable servant of a local authority shall contribute to such local authority for the purposes of this Part of this Scheme at the rate of four and one-sixth per cent. or, with effect from the 15th day of February, 1971, at the rate of four per cent. of—

( a ) his weekly rate of wages, and

( b ) the weekly value of his emoluments,

subject to the proviso that there shall be no contributions in respect of a period in respect of which he had neither wages nor emoluments or in respect of which he was paid compensation under the Workmen's Compensation Acts, 1934 to 1955, as continued by section 69 of the Social Welfare (Consolidation) Act, 1981 , by such local authority or in respect of a period in respect of which he was paid injury benefit or disablement benefit under Chapter 5 of Part II of the Social Welfare (Consolidation) Act, 1981 , if the accident occurred (or, as the case may be, the injury was sustained or the disease was contracted) on a day such as is referred to in paragraph (a) of the definition of "service day" contained in article 3 and if, in the case of a period in respect of which he was paid disablement benefit, he was, during it, incapable of work or unable, solely because of the said accident, injury or disease, to work in the manner referred to in the said paragraph (a).

• (2) ( a ) A servant or former servant of a local authority who, pursuant to sub-articles (6) and (7) of article 31, becomes entitled to reckon a period or periods of wholetime service as a temporary officer of the local authority, or any other local authority, shall contribute to his employing local authority for the purposes of the said sub-articles (6) and (7) at the rate of—

• (i) two and one-half per cent. of the aggregate salary and value of his emoluments, if any, which he received for so much of such period or periods as occurred between the 1st day of April, 1948 and the 31st day of December, 1985, and

• (ii) five per cent. of the aggregate salary and value of his emoluments, if any, which he received for so much of such period or periods as occurred on or after the 1st day of January, 1986,

together with, in each case where the contribution is not paid within three years of the date of notification to him by the local authority of the amount of such contribution, being a date not earlier than the 1st day of January, 1986, an additional sum, calculated on a basis to be determined by the Minister in respect of compound interest, to accrue from the date of such notification to the date of payment of the contribution.

( b ) (i) Contributions as provided for in sub-article (1) shall be payable by a servant or former servant of a local authority in respect of service which he becomes entitled to reckon pursuant to article 31(2) (iii) in such manner as may be specified by the local authority, with the consent of the Minister.

• (ii) Contributions as provided for in sub-article (1) shall be payable by a servant or former servant of a local authority in respect of service which he is not precluded from reckoning under article 30(d) (i) or (ii).

( c ) Save where an agreement pursuant to article 53 applies, where contributions are received by a local authority under this sub-article and any amount so received is in respect of service under another local authority or local authorities the first-mentioned local authority shall transfer such amount to the local authority or local authorities under which the service occurred.

• (3) The contribution to be made by a pensionable servant of a local authority under this article may be obtained by such local authority by means of periodical deductions from his wages and emoluments, but, if any such deduction proper to be made by a local authority from his wages and emoluments is not made, such local authority may, without prejudice to any other remedy, recover the amount by retaining it out of any sums due by them to him or out of any gratuity or allowance payable by them to, or in respect of, him.

• (4) Where, under article 50, lump sums, allowances or gratuities granted by a local authority are payable by another local authority, the first-mentioned local authority shall transfer from time to time (but not less frequently than once in each quarter) to the other local authority—

( a ) in case the first-mentioned local authority are a vocational education committee — one-half of all sums received by them by way of contribution under this article, and

( b ) in any other case — the whole of all such sums.

• (5) ( a ) In the case of a person whose name is entered under article 27(4) by a mental hospital authority in the register, the reference to four and one-sixth per cent. or, with effect from the 15th day of February, 1971, four per cent., in sub-article (1) shall, until the expiration of his continuous period of being a servant of a local authority beginning on the commencement of section 41 of the Mental Treatment Act, 1961 , be construed as a reference to three per cent.

( b ) In the case of a person whose name is entered otherwise than under article 27(4) by a mental hospital authority in the register, as from the expiration of a continuous period of such person's being a mental hospital officer 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 4(5), the reference to four and one-sixth per cent. or, with effect from the 15th day of February, 1971, four per cent., in sub-articles (1) shall, until the expiration of his continuous period of being a servant of a local authority beginning at the time as from which the mental hospital authority enter his name in the register, be construed as a reference to three per cent.

41 Return of contributions to pensionable servants.

41.

41.—(1) In this Part of this Scheme "the contributions" means, in relation to a pensionable servant, the aggregate amount of his contributions for superannuation in respect of service which is capable of being reckoned under this Scheme.

• (2) Where a pensionable servant of a local authority who has less than one year of pensionable local service dies, the local authority shall return the contributions to his legal personal representative.

• (3) ( a ) Where, as respects a pensionable servant of a local authority, it is ascertained after any particular local financial year that he has not had two hundred or more service days in respect of that year, or, being the local financial year beginning on the 1st day of April, 1974 and ending on the 31st day of December, 1974, such number of service days as is specified in paragraph 19(e) of the First Schedule to the Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order, 1974 ( S.I. No. 215 of 1974 ), the local authority shall return to him any contributions made by him under article 40 in respect of that year.

( b ) Paragraph (a) shall not apply in the case of a pensionable servant in relation to a period of service which he is not precluded from reckoning under article 30(d) (i) or (ii).

• (4) Where a pensionable servant of a local authority who has less than ten years of pensionable local service ceases to be such pensionable servant otherwise than consequent on article 28(1) (b) or on account of being discharged for misconduct, is not employed in another position service in which is capable of being reckoned under this Scheme and is not granted a gratuity under article 36 or 39, the local authority shall return to him the contributions.

• (5) Where a pensionable servant of a local authority having not less than ten years of pensionable local service ceases to be such pensionable servant otherwise than consequent on article 28(1) (b) or on account of being discharged for misconduct, is not employed in another position service in which is capable of being reckoned under this Scheme and is not entitled to an allowance under article 33 or a marriage gratuity under article 39, the local authority shall return to him the contributions.

• (6) Where a servant of a local authority, being a former pensionable servant who gave notice in writing to the local authority under article 28(1) (b) that his name was to be removed from the register, subsequently ceases to hold his employment with the local authority otherwise than on account of being discharged for misconduct, is not employed in another position service in which is capable of being reckoned under this Scheme or he dies, the local authority shall, with effect from 1st day of January, 1968, return to him, or in the case of death, to his legal personal representative, the contributions.

• (7) ( a ) Where a pensionable servant of a local authority is discharged for misconduct, other than in a case 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, the local authority shall have power at their discretion—

• (i) in relation to a person who ceased to be a pensionable servant before the 1st day of January, 1986, to return to him the contributions or part thereof if they are of opinion that there are special reasons for so doing, and

• (ii) in relation to a person who ceases to be a pensionable servant on or after the 1st day of January, 1986, to return to him the contributions or part thereof if they are of opinion that there are special reasons for so doing.

( b ) Notwithstanding any other provision of this Scheme, there shall be no appeal as respects a decision of a local authority in respect of a case to which paragraph (a) (i) applies.

• (8) A local authority shall with effect from the 1st day of November, 1979 return the contributions to a former servant of the local authority who ceased to hold his employment to take up a position, other than as a servant or officer of any other local authority, service in which is capable of being reckoned under this Scheme, where he subsequently ceases to hold such position for any cause other than misconduct and does not accept another position service in which is capable of being reckoned under this Scheme and, under the superannuation conditions then applicable to him, he is not granted a return of such contributions or any lump sum, allowance or gratuity or is not given the benefit of any preserved lump sum, allowance or gratuity.

• (9) Where a local authority return the contributions or part thereof and the contributions includes a sum for contributions for superannuation made by the servant in question in respect of service which is capable of being reckoned under this Scheme and held by any other body, that body shall recoup such sum to the local authority.

• (10) Where a body service under which is capable of being reckoned under this Scheme return contributions made for superannuation in respect of service which is capable of being reckoned under this Scheme and the amount returned includes a sum for contributions held by any local authority, that local authority shall recoup such sum to the body.

• (11) Section 21 of the Finance Act, 1972 , as amended by section 18 of the Finance Act, 1973 , shall apply in relation to a return of contributions made under this article.

42 Repayment of returned contributions (pensionable servant).

42.

42.—(1) Where, after the contributions have been returned under article 41 to a pensionable servant of a local authority on his ceasing to be a pensionable servant, or contributions have been returned on or after the 1st day of January, 1976 to a servant under section 10 of the Act of 1909 or to a servant under section 86 of the Act of 1945, he becomes employed, before the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme, he shall be entitled, before the expiration of twelve months, or such longer period as the local authority in the circumstances of the particular case consider reasonable after the subsequent appointment, to repay to the local authority the amount so returned by them and, if he does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.

• (2) Where, contributions having been returned under section 57 of the Act of 1948 by a local authority to a person, he becomes employed, before the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme, he shall be entitled, before the expiration of twelve months, or such longer period as the local authority in the circumstances of the particular case consider reasonable, after becoming so employed, to repay to the local authority the amount so returned by them and, if he does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.

• (3) Where—

( a ) a pensionable servant of a local authority has any period of service (other than as a servant or officer of a local authority) that would, if he made the repayment provided for by this sub-article, be capable of being reckoned under this Scheme, and

( b ) contributions in respect of that service have been returned to him,

he shall be entitled to repay the amount so returned to the local authority before the expiration of such period as the local authority consider reasonable in the circumstances of the case and, if he does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.

• (4) Where—

( a ) a repayment has been made under this article to a local authority, and

( b ) the case is one in which any allowance or gratuity that might be granted by that local authority would be paid by another local authority,

the first-mentioned local authority shall transfer to the other local authority—

• (i) in case the first-mentioned local authority are a vocational education committee — one half of the repayment, and

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

43 Exclusions from wages and emoluments.

43.

43.—(1) In this part of this Scheme neither "wages" nor "emoluments" shall include any of the following:

( a ) payments for overtime,

( b ) travelling expenses,

( c ) payments for special work of a casual or temporary nature,

( d ) payments for filling a position temporarily unless the period for which the payments are made comprises six hundred or more service days reckoned back from termination of employment (any service day occurring during a local financial year in which the servant had less than two hundred service days being disregarded),

( e ) allowances to cover particular expenses or needs,

( f ) such perquisites in kind (or a monetary payment given in lieu of such perquisites) as may be specified by the Minister.

• (2) The Minister may, if he thinks fit, direct that payments of a specified kind, being a kind mentioned in paragraph (a) or (e) of sub-article (1), shall be for the purposes of this Part of this Scheme part of the wages of a particular servant, of servants of a particular class or of every servant, and thereupon, notwithstanding sub-article (1), "wages" shall in this Part of this Scheme, include, as respects that servant, servants of that class or every servant (as may be appropriate), payments of that kind.

44 Calculation of pensionable remuneration of pensionable servant.

44.

44.—(1) A local authority shall from time to time determine the weekly money value of every (if any) emolument, being any apartments, rations or other perquisites in kind, of a pensionable servant.

• (2) The pensionable remuneration of a pensionable servant for the purposes of this Part of this Scheme shall be—

( a ) in case he has been a servant of a local authority during the whole of the relevant period or during so much of that period as he is entitled to reckon as service and, at the expiration of the relevant period, his rate of wages is a rate of wages that has not changed during the relevant period otherwise than in accordance with changes applicable generally to the class, description or grade of servants to which he belonged at the expiration of the relevant period — his weekly rate of wages at the expiration of the relevant period together with the weekly average of his emoluments (if any) in respect of that period;

( b ) in any other case — the average weekly rate of wages and emoluments (if any) applicable to his employment or employments during the relevant period.

• (3) ( a ) Where a pensionable servant ceased to hold his employment or died in his employment during the period beginning on the 1st day of October, 1982, and ending on the 31st day of December, 1982, and his rate of wages at the date of cesser of his employment was one which was affected by paragraph 1 of the Proposals, his rate of wages for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding sub-article (2), be deemed to be the rate of wages which would have been appropriate had payment of the third phase in Clause 2 of the Public Service Pay Agreement not been postponed by the said paragraph 1 to the 1st day of January, 1983.

( b ) Where a pensionable servant ceased to hold his employment or died in his employment and his rate of wages at the date of cesser of his employment was one which was affected by paragraph 2 of the Proposals, or had the Proposals been implemented on such date, his said rate of wages would have been so affected, his rate of wages for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding sub-article (2), be deemed to be the rate of wages which would have been appropriate had the revision of the Public Service Pay Agreement by the said paragraph 2 not taken place.

( c ) Where a pensionable servant ceased to hold his employment or died in his employment and his rate of wages at the date of cesser of his employment was one which was affected by paragraph 31 of the Proposals, or, had the Proposals been implemented on such date, his said rate of wages would have been so affected, his rate of wages for the purposes of calculating his pensionable remuneration shall, if the Minister, in his absolute discretion, so determines, and notwithstanding sub-article (2), be deemed to be the rate of wages which would have been appropriate if 40 per cent of the increase provided for in the relevant settlement, finding or offer had been payable from the effective date set out in such settlement, finding or offer.

( d ) In this sub-article—

"the Proposals" means the proposals for amendment of the Public Service Pay Agreement which were accepted by the Public Services Committee of the Irish Congress of Trade Unions on the 10th day of November, 1982;

"the Public Service Pay Agreement" means the agreement on pay in the public service made in December, 1981, between the Minister for the Public Service and the Public Services Committee of the Irish Congress of Trade Unions.

• (4) Where the servant has been a servant for part only of the relevant period and, during the whole or part of the remainder of that period, he was an officer of a local authority, his salary as such officer shall, for the purposes of sub-article (2) (b), be regarded as wages.

• (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) Sub-article (2)(b) shall not have the effect, in the case of a servant who has been promoted, of causing any allowance or gratuity to be less than if he had not been promoted nor in the case of a servant whose rate of wages has changed during the relevant period by reason of his employment in a position remunerated at a lower rate than that which applied to his former employment and who ceases to hold his employment on a date not earlier than the 1st day of June, 1976, of causing any allowance or gratuity to be less than if determined by reference to his weekly rate of wages at the expiration of the relevant period together with the weekly average of his emoluments (if any) in respect of that period.

• (7) ( a ) In this article "the relevant period" means—

• (i) in case the first day of the service of the servant 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 servant'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 a servant 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 servant's first service day.

• (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 Finance specify that the pensionable remuneration of a pensionable servant for the purposes of determining an allowance under article 33, a short service gratuity under article 36, a death gratuity under article 37 or a marriage gratuity under article 39 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 servant who is sharing wholetime employment with one other servant under an approved job-sharing scheme, mean, as respects any period during which he is so sharing wholetime employment, his "wages" and "emoluments", respectively, as increased by one hundred per cent.

45 Transitional provisions for Part III.

45.

45.—(1) In the case of a local authority in relation to whom this Part of this Scheme came into operation pursuant to article 2(3)(a)(i), there shall be entered in the register as from the commencement of this Part of this Scheme in relation to the local authority—

( a ) the name of every person whose name stood entered in the former register immediately before the commencement of this Part of this Scheme in relation to the local authority, and

( b ) the name of every person, not being a person referred to in paragraph (a), as respects whom the following conditions are fulfilled:

• (i) during any local financial year being a local financial year which ended before the commencement of this Part of this Scheme in relation to the local authority and which began on or after the 1st day of April in the completed local financial year which immediately preceded the commencement of Part III of the Act of 1948 in relation to the local authority, he had two hundred or more service days, and

• (ii) at the commencement of this Part of this Scheme in relation to the local authority, either he is a servant of the local authority or they intend again to take him into their employment as a servant.

In this sub-article "the former register" means such register as was maintained by the local authority, before the commencement of this Part of this Scheme in relation to them, under section 38 of the Act of 1948.

• (2) Where a person registered under this article by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin had a period of service as a servant or officer of Irish Enterprises Ltd. or any of its predecessors, he shall be entitled to reckon that period as service.

• (3) Where, as respects any service day of a person in relation to a local authority between the commencement in relation to them of Part III of the Act of 1948 and the commencement in relation to them of this Part of this Scheme ( other than a service day of a person whose name was entered pursuant to subsection (1) or (2) of section 63 of the Act of 1948 in the register maintained by a local authority under section 38 of that Act, which occurred between the commencement in relation to the local authority of Part III of that Act and the time when his name was so entered), no contributions were contributed by him to the local authority—

( a ) the service day shall not be reckoned as such unless he makes to the local authority in respect of the service day such contributions as would have been contributed by him under this Part of this Scheme if, on the service day, it had been in operation in relation to the local authority and he had been a pensionable servant, and

( b ) sub-articles (3) and (4) of article 40 shall have effect in relation to the contributions under this sub-article in like manner as they apply in relation to contributions under that article.

• (4) Sub-article (3) shall not apply in relation to—

( a ) a person who was disqualified for making an application under subsection (1) of section 63 of the Act of 1948 on account of paragraph (b) of that subsection,

( b ) a person who was disqualified for making an application under subsection (2) of the said section 63 on account of paragraph (b) of that subsection, or

( c ) a person to whom sub-article (5) applies.

• (5) No contribution under article 40 shall be required from—

( a ) a person referred to in section 63(5) of the Act of 1948,

( b ) a person to whom that subsection would have applied at the commencement of this Part of this Scheme if he had made an application under subsection (1) or (2) of the said section 63,

( c ) a person who, on the commencement of Part III of the Act of 1948 in relation to the Lord Mayor, Aldermen and Burgesses of Cork, could have made an application to that Corporation under subsection (1) or (2) of the said section 63,

( d ) a person—

• (i) who, on the commencement of Part III of the Act of 1948 in relation to the local authority, was disqualified for making an application under subsection (1) of section 63 of the Act of 1948 on account of paragraph (b) of the said subsection (1) or disqualified for making an application under subsection (2) of the said section 63 on account of paragraph (b) of the said subsection (2), and

• (ii) whose continuous service ending on the commencement of this Part of this Scheme began before the commencement of Part III of the Act of 1948.

• (6) For the purposes of paragraph (b) and (c) of sub-articles (5), if the person in question was, at the commencement of Part III of the Act of 1948 in relation to the local authority, disqualified for making an application under subsection (1) of section 63 of the Act of 1948 on account of paragraph (b) of the said subsection (1) or disqualified for making an application under subsection (2) of the said section 63 on account of paragraph (b) of the said subsection (2), that fact shall be disregarded.

• (7) The exemption under sub-article (5)(d) shall continue so long only as the service of the person from the commencement of this Part of this Scheme is continuous.

• (8) No contribution under article 40 shall be required from a person who, immediately before he became a pensionable servant, was a person to whom sub-article (6), (7) or (8) of article 26 applied during a continuous period of service after becoming a pensionable servant.

PART IVADDITIONAL BENEFITS.

46 Surrender of portion of allowance.

46.

46.—(1) Where—

( a ) a male officer or servant of a local authority ceases to hold his office or employment, and

( b ) he is entitled to an allowance 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 servant of a local authority ceases to hold her office or employment, and

( b ) she is entitled to an allowance 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 actuarially 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 purposes of determining whether any, and, if so, what amount may be paid to him, having regard to article 56(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 18 (where applicable), the total of all the 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 38 (where applicable), the total of all sums received by him on foot of the allowance shall be deemed to be the total of all sums which would have been so received by him but for the surrender.

47 Gratuity or allowance in case of injury.

47.

47.—(1) Where an officer or servant 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 servant, 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, and

( 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 perquisites in kind), if any) of the position in which he received the injury.

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

48.

48.—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 before the 27th day of May, 1977—

• (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 (any odd fraction of a whole year being disregarded) in the continuous period ending at the time of such grant during which paragraph (a) applied to him.

49 Allowances in certain special cases.

49.

49.—(1) Where—

( a ) a person ceased before the 27th day of March, 1956 to be a servant of a local authority,

( b ) the local authority had previously adopted Part III of the Act of 1948,

( c ) the person was not, on such cesser, granted a superannuation allowance by the local authority,

( d ) the local authority would, at the time of such cesser, have granted him an allowance under Part III of this Scheme if that Part had then been in operation in relation to them, and

( e ) the person applies to the local authority for the benefits of this article,

the local authority shall have power, which shall be exercisable at their discretion and as respects which, notwithstanding any other provision of this Scheme, there shall be no appeal, to grant to such person an allowance not exceeding the allowance referred to in paragraph (d).

• (2) A grant under sub-articles (1) shall have effect as from the receipt by the local authority of the application for the benefits of this article, but the local authority shall have power, which shall be exercisable at their discretion and as respects which, notwithstanding any other provision of this Scheme, there shall be no appeal, to make the grant with effect as from the 27th day of March, 1956.

PART V. FINANCIAL PROVISIONS.

50 Local authority by whom payment is made.

50.

50.—(1) Where—

( a ) a lump sum, allowance or 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-articles (1) the refund shall be made to the local authority by whom the payment was made under that sub-articles.

• (3) A payment made by a local authority pursuant to sub-articles (1) (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 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.

51 Area of charge of payment of local authority.

51.

51.—(1) Subject to any order made under section 10(7) of Area of charge 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 servant 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 servant of an other 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 is granted under this Scheme by a local authority to or in respect of an officer or servant and in computing the amount thereof a period of service under an other 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.

52 Refunds in certain cases

52.

52.—(1) Where a lump sum, allowance or 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 15 (1) (b) (i), 19 (b) (ii) (I), 35 (1) (b) (i) or 39 (b) (ii) (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 8(1) (g) (ii), (iii) or (iv), 8(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 Finance,

( b ) in case that period of service has been reckoned under article 8(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 Finance,

( b ) in case that period of service has been reckoned under article 8(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 Finance,

( 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 the Marine).

• (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 23(3) or 42(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 Finance 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 Finance such part of the lump sum, allowance or gratuity or of the marriage gratuity as the Minister for Finance 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 8(1) (f) or 31(1) (f), the local authority may 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 Finance under this article shall be made out of moneys provided by the Oireachtas.

53 Agreements in relation to contributions.

53.

53.—Notwithstanding any other provision 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 VIMISCELLANEOUS

54 General provision as to allowance being for life.

54.

54.—Save as otherwise provided by this Scheme, an allowance granted under this Scheme shall be an allowance for the life of the person to whom it is granted.

55 Assignment of allowance etc.

55.

55.—(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;