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

( c ) if the recipient appears to the local authority to be of unsound mind or otherwise incapacitated to act, they may pay so much of the grant as they think fit to the institution or person having the care of the recipient, and may pay the surplus (if any) or such part thereof as they think fit for or towards the maintenance and benefit of the wife or husband or dependent relatives of the recipient;

( d ) if the recipient or the officer or servant in respect of whom the grant is payable has died and a sum not exceeding such sum as may be fixed from time to time by the Minister for the purposes of this article with the consent of the Minister for Finance, is due on account of the grant, probate or other proof of title of the personal representatives of the deceased may, if the local authority so think fit, be dispensed with and the sum may be paid or distributed to or among the persons appearing to the local authority to be beneficially entitled to the personal estate of the deceased, or to or among any one or more of those persons, or, in the case of the illegitimacy of the deceased, to or among such persons as the local authority think fit, and the local authority and any of their officers making the payment shall be discharged from all liability as respects any such payment or distribution;

( e ) any sum payable to a minor on account of the grant may be paid either to the minor or to such person and on such conditions for the benefit of the minor as the local authority think fit;

( f ) where the payment is made to any person by the local authority in pursuance of this article the receipt of that person shall be a good discharge for the sum paid.

• (2) A local authority may, for any purpose relating to payments made pursuant to this article, require the making of such declarations as they consider necessary, and a person to whom any such payment may be made shall not be entitled to receive such payment if he fails to make any declaration which he is required as aforesaid to make.

• (3) Any person who makes a wilful misstatement of material fact in any such declaration shall be guilty of an offence under this article and shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds or to imprisonment for any term not exceeding three months.

56 Suspension or reduction of allowances.

56.

56.—(1) (a) (i) This paragraph shall, subject to the next paragraph, apply where—

• (I) an allowance (in this paragraph referred to as the allowance) is payable under this Scheme by a local authority to a person (in this paragraph referred to as the pensioner), and

• (II) the pensioner receives any payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) (in this paragraph referred to as the payment) from a local authority for services rendered as an officer or servant or as a teacher employed by a vocational education committee or being services which are paid for by fees in the nature of salary.

• (ii) No more of the allowance shall be paid, for any specified period of receipt of the payment, than so much as, with the payment, equals the remuneration which the pensioner would have received in respect of that period if, during it, he—

• (I) held the office or employment in which he served on the last day of his pensionable service, but

• (II) was remunerated at the rate of remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of which he was in receipt on that day, subject, however, in case changes have taken place (or, if the said office or employment has ceased to exist, would have taken place if it had not ceased to exist) in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified.

• (iii) In this paragraph "specified" means specified by the Minister.

( b ) The Minister may, at his discretion but subject to the condition specified in paragraph (c), waive the application of paragraph (a) in any particular case, and that paragraph shall thereupon not apply in that case.

( c ) The condition referred to in paragraph (b) is that the Minister, after consultation with the authority making the payment, is satisfied that—

• (i) persons with particular training and experience are required for particular work of that authority,

• (ii) the person who is being re-employed has that training and experience, is being re-employed for that work and is otherwise suitable for re-employment in all respects, and

• (iii) it is not practicable to meet that requirement otherwise than by the re-employment of pensioners.

( d ) Paragraph (a) shall not apply where the services are rendered in an office or employment held concurrently with the office or employment in respect of which the allowance was granted.

• (2) Where a person to whom an allowance is payable under this Scheme by a local authority receives payment by the local authority of compensation under the Workmen's Compensation Acts, 1934 to 1955, as continued by section 69 of the Social Welfare (Consolidation) Act, 1981 , or receives payment of injury benefit or disablement benefit under Chapter 5 of Part II of the Social Welfare (Consolidation) Act, 1981 , no more of the allowance shall be paid to him in any year than so much as, taking the said payment into account, equals five-sixths of the remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of the position in respect of which the allowance was granted.

• (3) A local authority paying an allowance to a person to whom sub-article (1) or (2) applies may from time to time, as may appear proper to them for the purpose of giving effect to sub-articles (1) or (2) suspend, abate or reduce or otherwise adjust the payments made or to be made by them in respect of the allowance.

• (4) If and so long as, pursuant to this article, an allowance is not paid, any refund of part of such allowance payable under this Scheme shall also not be paid.

• (5) If and so long as, pursuant to this article, the amount payable in respect of an allowance is abated or reduced, any refund of part of such allowance payable under this Scheme shall also be reduced proportionately.

• (6) Notwithstanding the foregoing provisions of this article, where an allowance payable under this Scheme—

( a ) was granted to a person in a case in which—

• (i) he was removed or discharged from his position under a local authority for a reason other than misconduct or unfitness, or

• (ii) his position under a local authority was abolished, or

• (iii) his position was materially altered to his detriment by changes in its conditions made without reasonable cause and he resigned his position under a local authority, and

( b ) but for this sub-articles the allowance would be affected by a suspension, abatement or reduction referable to an increase of payment for services rendered that is granted to compensate for increases, since the allowance was granted, in the cost of living,

such suspension, abatement or reduction shall not be made.

57 Ascertainment of continuance of infirmity.

57.

57.—(1) Where an allowance is granted under this Scheme by a local authority to a person who is under the age specified for that allowance in sub-article (2) on the ground that he is incapable of performing his duties by reason of permanent infirmity of mind or body, the following provisions shall have effect:

( a ) such local authority shall, until such person reaches the said age, ascertain from time to time whether his infirmity continues and, for that purpose, may, if they think fit, arrange for medical examinations and require him to submit himself thereto;

( b ) if such person fails wilfully or refuses to submit himself to any such medical examination, the allowance payable to him by virtue of the grant (together with, in case he is married and any allowance is payable under article 46 to his wife by reference to the grant, that allowance) shall cease to be paid;

( c ) if not less than two registered medical practitioners nominated by such local authority certify that such person's infirmity has ceased and he has been offered a pensionable office or employment under a local authority of a kind similar to his former office or employment and at a rate of remuneration not less than that at which he was paid immediately before he ceased to hold his former office or employment or, as respects a person who is offered such pensionable office or employment on or after the 10th day of January, 1984, at a rate of remuneration not less than the rate of remuneration in respect of that office or employment, as appropriate, at the date of the offer, the allowance payable to him by virtue of the grant (together with, in case he is married and any allowance is payable under article 46 to his wife by reference to the grant, that allowance) shall cease to be paid.

• (2) The age referred to in sub-article (1) is—

( a ) for an allowance granted to a fire brigade officer or servant or a person whose name is entered in a register maintained under section 65 of the Act of 1945 — fifty-five years,

( b ) for any other allowance — sixty-years.

• (3) If a person to whom an allowance was granted in respect of a period of pensionable local service for the purposes of Part II or Part III of this Scheme is offered in pursuance of sub-articles (1) (c) a new office or employment and accepts it, the following provisions shall have effect on his ceasing to hold the new office or employment:

( a ) for the purposes of article 7(1) (b) or 30(1) (a), such period shall be regarded as not being a period in respect of which he has received a lump sum or allowance;

( b ) any lump sum granted to him under Part II of this Scheme or any gratuity granted to him or his legal personal representative under Part II or Part III of this Scheme shall be reduced by the amount of the lump sum (if any) granted to him with the allowance;

( c ) such period shall be regarded as continuous with his period of service in the new office or employment and the period during which he was in receipt of the allowance shall be disregarded.

• (4) Any dispute between a local authority and a person as to whether a new office or employment offered to such person is, for the purposes of sub-article (1)(c), of a kind similar to his former office or employment shall be decided by the appropriate Minister.

• (5) An officer shall be as qualified to hold an office offered to him pursuant to this article as he would have been if his service had not been broken by the period during which he was in receipt of the allowance.

58 Cancellation of allowance on conviction of offence.

58.

58.—(1) Where a person who is convicted on indictment of any offence and is sentenced to penal servitude or to any term of imprisonment exceeding twelve months is, at the time of the conviction, in receipt of an allowance granted under this Scheme by a local authority, the allowance shall thereupon stand cancelled and cease to be payable.

• (2) Where a conviction which results in the cancellation under this article of an allowance is quashed or annulled or the convicted person is granted a free pardon, the cancellation shall be annulled, in the case of a quashing or annulment, as from the date of the conviction and, in the case of a free pardon, as from the date of the pardon.

• (3) Where any allowance has been cancelled under this article, the local authority by whom the allowance was granted, if they so think proper, may, with the consent of the Minister, restore the allowance either in whole or in part.

59 Particulars of benefits in advance of retirement.

59.

59.—(1) Where an officer or servant of a local authority intends to retire from his office or employment on a particular date, he may, not later than six months and not earlier than twelve months before that date, give to the local authority notice in writing stating—

( a ) that he intends to retire on that date,

( b ) the reasons for which he intends to retire,

( c ) that he wishes to be given particulars of his benefits on retirement.

• (2) Where an officer or servant gives to a local authority a notice under this article stating that he wishes to be given particulars of his benefits on retirement, the local authority shall within two months give to the officer or servant a statement showing—

( a ) whether they intend on such retirement to exercise any power given to them by this Scheme to grant to him any lump sum, allowance or gratuity or to return to him any contributions or to add any period to his service or to reduce the amount of any lump sum or allowance to which he may be entitled,

( b ) where they intend to exercise any power such as is mentioned in paragraph (a), particulars of the manner in which they intend to exercise the power,

( c ) the amount of every (if any) lump sum, allowance or gratuity or return of contributions to which, in their opinion having regard to their intentions stated in pursuance of paragraphs (a) and (b), he will be entitled on such retirement.

• (3) The provisions of article 60 shall apply in relation to a statement of intentions given by a local authority under paragraph (a) or (b) of sub-articles (2) as if the contemplated retirement to which the statement relates had taken place and as if such intentions were decisions taken by the local authority on the date when the statement was given.

• (4) Where in a case in which there has been an appeal by virtue of sub-article (3)—

( a ) the intended retirement of the officer or servant referred to in the notice under sub-article (1) takes place on the date mentioned and for the reasons stated in the notice, and

( b ) the intentions of the local authority shown in the statement given to him in pursuance of paragraphs (a) and (b) of sub-article (2), or, if those intentions have been varied on the appeal, those intentions as so varied, are implemented,

the said intentions, as implemented, shall not then be subject to any appeal.

60 Appeals to the Minister.

60.

60.—(1) Where a person is aggrieved by the failure or refusal of a local authority to grant under this Scheme a lump sum, allowance or gratuity or to return under this Scheme contributions, he may appeal to the Minister against such failure or refusal.

• (2) Where a person is aggrieved by the amount of any lump sum, allowance or gratuity granted by a local authority under this Scheme, he may appeal to the Minister against such amount.

• (3) An appeal under this article by a person against a failure to make a grant or return of contributions shall be brought not later than eight months after the circumstances arose which he alleges required the local authority to make the grant or return of contributions and any other appeal under this article shall be brought not later than six months after the decision appealed from has been notified to the appellant.

• (4) On an appeal under this article, the Minister may either refuse the appeal or make such provisions as should in his opinion have been made by the local authority, and any provisions so made by the Minister shall have effect as if made by the local authority.

61 Repayment of contributions under Act of 1948.

61.

61.—Where—

( a ) a person holds a position service in which is capable of being reckoned under this Scheme, and

( b ) before the commencement of this Part of this Scheme contributions were returned to him by a local authority under the Act of 1948,

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.

62 Repayment of gratuity.

62.

62.—(1) Where a person, having been granted a gratuity by a local authority, subsequently 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 such gratuity and, if he does repay it—

( a ) notwithstanding any other provision, the period in respect of which such gratuity was granted shall be regarded as not being a period in respect of which he has received a gratuity, and

( b ) in case any other body recouped any part of it, the local authority shall make the appropriate repayment to such other body.

• (2) Where—

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

( b ) the case is one in which the gratuity was paid by an other 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.

63 Repayment of lump sum, allowance, gratuity overpaid.

63.

63.—Where at any time a person receives payments on foot of a lump sum, allowance or gratuity and such person is not entitled under this Scheme to such payments, or where a person receives payments on foot of a lump sum, allowance or gratuity which exceed those which are appropriate under this Scheme, such person or, in case such a person is dead, the legal personal representative of such person, shall pay to the local authority on demand such payments or excess payments, as may be appropriate, and such payments or excess payments shall in default of payment be recoverable by the local authority as a simple contract debt in any court of competent jurisdiction.

64 General restrictions on grants.

64.

64.—(1) Save under this Scheme or any scheme or regulations made under the Local Government (Superannuation) Act, 1980 , the Act of 1909 or Part VIII of the Act of 1945, a local authority shall not grant any pension, allowance, short service gratuity, death gratuity, marriage gratuity, lump sum or return of contributions to or in respect of any of their officers or servants.

• (2) Notwithstanding the provisions of sub-articles (1), a local authority may establish a scheme for the making by their officers and servants of voluntary contributions to trustees in respect of superannuation benefits which are additional to those provided for by the local authority, subject to the provisos—

• (i) that such scheme shall satisfy conditions specified by the Minister for the purposes of this sub-articles, and

• (ii) that the local authority shall not be liable for the grant or payment of any benefit under, or any loss incurred by, such scheme.

65 Revocations.

65.

65.—The Local Government (Superannuation) Regulations, 1984 ( S.I. No. 32 of 1984 ), the Local Government (Superannuation) Regulations, 1985 ( S.I. No. 407 of 1985 ) and the Local Government (Superannuation) (Job-Sharing) Regulations, 1985 ( S.I. No. 405 of 1985 ) are hereby revoked.

GIVEN under the Official Seal of the Minister for the Environment this 10th day of December, 1987.

PADRAIG FLYNN,

Minister for the Environment.

The Minister for Finance hereby consents to the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987.

GIVEN under the Official Seal of the Minister for Finance this 10th day of December, 1987.

RAY MACSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

This Scheme consolidates the superannuation provisions applicable to officers and servants of local authorities who were formerly pensionable under the local Government (Superannuation) Act, 1956 , as amended by the Local Government (Superannuation) Regulations, 1984, the Local Government (Superannuation) Regulations, 1985 and the Local Government (Superannuation) (Job-Sharing) Regulations, 1985.