S.I. No. 293/1992 - Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1992

S.I. No. 293 of 1992.

LOCAL GOVERNMENT (SUPERANNUATION REVISION) (CONSOLIDATION) (AMENDMENT) SCHEME, 1992.

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:

1 Short title.

1.

1. ( a ) This Scheme may be cited as the Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1992.

( b ) This Scheme, the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ), the Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1987 ( S.I. No. 315 of 1987 ), the Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1990 ( S.I. No. 126 of 1990 ) and the Local Government (Superannuation Revision) (Consolidation) (Managers) Scheme, 1991 ( S.I. No. 341 of 1991 ) shall be construed as one and may be cited together as the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 to 1992.

2 Commencement.

2.

2. (1) Article 4 (a), 7, 10, 11 (b), 12, 14 and 15 shall be deemed to have come into force on the 27th day of May, 1977.

• (2) Article 4 (b) and (c) shall be deemed to have come into force on the 10th day of January, 1984.

• (3) Article 5 shall be deemed to have come into force on the 6th day of April, 1990.

• (4) Articles 6 and 11 (a), (c) and (d) shall be deemed to have come into force on the 1st day of July, 1989.

• (5) Article 8 shall be deemed to have come into force on the 1st day of January, 1988.

• (6) Articles 9 and 13 shall be deemed to have come into force on the 1st day of January, 1990.

3 Interpretation.

3.

3. In this Scheme:—

"the Principal Scheme" means the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986.

4 Amendment of article 3 of the Principal Scheme

4.

4. Article 3 of the Principal Scheme is hereby amended—

( a ) by the insertion of the words "or in any subsequent month of January," after the words "the month of January, 1978," in paragraph (a) of the definition of "eligible employee" in sub-article (1),

( b ) by the deletion of the word "immediately" from paragraph (f) of the definition of "service day" in sub-article (1), and

( c ) by the addition of the following sub-article after sub-article (5):

• "(6) Paragraph (f) of the definition of "service day" shall not operate so as to apply to a registered employee conditions which are less favourable than those which would have applied to him had the said paragraph (f) not been in operation.".

5 Amendment of article 12 of the Principal Scheme.

5.

5. Article 12 of the Principal Scheme is hereby amended—

( a ) by the substitution of the following definition for the definition of "non-consultant hospital doctor" in sub-article (1):

"non consultant hospital doctor" means a person who is appointed in a temporary capacity for a specified period to a whole-time office of intern, house officer or registrar in a hospital who for such period holds either provisional or full registration or, with effect from the 6th day of April, 1990, temporary registration with the Medical Council;", and

( b ) by the addition of the following paragraph after paragraph (b) of sub-article (2):

• "(c) with effect from the 6th day of April, 1990 or, if later, the date of his appointment, the name of any person appointed by them as a non-consultant hospital doctor who holds temporary registration with the Medical Council".

6 Amendment of article 21 of the Principal Scheme.

6.

6. Article 21 of the Principal Scheme is hereby amended—

( a ) by the insertion of the following sub-article after sub-article (1):

• "(1A) Notwithstanding the provisions of sub-article (1) (c), a preserved pension and preserved lump sum may, on written application to the local authority, be granted to a registered officer of a local authority who ceases to hold his office on or after the 1st day of July, 1989 on becoming employed in a position service in which is capable of being reckoned under this Scheme, subject to the conditions set out in sub-article (5A).",

( b ) by the insertion of the following sub-article after sub-article (5):

• "(5A) Notwithstanding the foregoing provisions of this article—

( a ) the pensionable local service to be taken into account in determining the preserved pension and preserved lump sum or preserved death gratuity, as appropriate, of a registered officer of a local authority who ceases to hold his office on or after the 1st day of July, 1989 and becomes employed in another position service in which is capable of being reckoned under this Scheme shall not be such as would, with the addition of the service reckonable in such position or any subsequent such position, be greater than forty years, and

( b ) the preserved pension and preserved lump sum in respect of such a person shall be granted by the local authority with effect from the date a lump sum and pension is granted to him in respect of his subsequent position or positions.", and

( c ) by the substitution of the following sub-article for sub-article (8):

• "(8) ( a ) Where a registered officer of a local authority who ceases to hold his office before the 1st day of July, 1989, with an entitlement to benefit under sub-article (1) subsequently, but before he attains sixty years of age, becomes employed in a position service in which is reckonable under this Scheme, not being a person referred to in sub-article (7), he may apply to the local authority in writing to waive such entitlement and thereupon such entitlement shall be waived and the local authority shall not grant any benefit under this article to, or in respect of, him.

( b ) Where a registered officer of a local authority who ceases to hold his office on or after the 1st day of July, 1989, with an entitlement to benefit under sub-article (1) subsequently, but before he attains sixty years of age, becomes employed in a position service in which is reckonable under this Scheme, not being a person referred to in sub-article (7), either his entitlement under this article shall cease or he may apply in writing to the local authority to have the provisions of sub-article (5A) applied to him.".

7 Amendment of article 25 of the Principal Scheme.

7.

7. Article 25 of the Principal Scheme is hereby amended—

( a ) by the insertion of the words "(or his legal personal representative on his behalf)" before the words "shall be entitled to repay" and "does repay" wherever they occur, and

( b ) by the insertion of the following sub-article after sub-article (2):

• "(2A) The foregoing provisions of this article shall apply in respect of a person who becomes employed, before the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme, subject to the proviso that the addition of compound interest shall not apply in any such case where the repayment is made before the expiration of twelve months after the date he is notified in writing of his entitlement under this sub-article.".

8 Amendment of article 26 of the Principal Scheme.

8.

8. Article 26 of the Principal Scheme is hereby amended by the substitution of the following paragraph for paragraph (e) of sub-article (1):

• "(e) payments for filling a position temporarily unless the period for which the payments are made is a continuous period of two years or more or, in relation to an officer referred to in subparagraph (ii), subject to such conditions as may be determined by the Minister, less than two years reckoned back from—

• (i) where the officer is in receipt of the payments on the date of cesser of office, the said date, or

• (ii) where, on or after the 1st day of January, 1988, the officer is appointed to the position he filled temporarily, the date of such appointment,".

9 Amendment of article 28 of the Principal Scheme.

9.

9. Article 28 of the Principal Scheme is hereby amended by the insertion of the following paragraph after paragraph (a) of sub-article (1):

"( aa ) Where, on the 1st day of January, 1990, a person, being a pensionable officer of a local authority, opted, in writing, before the 30th day of November, 1990, to the local authority to have the provisions of this Scheme applied to him, the local authority shall transfer his name from the register of pensionable officers maintained by them under the provisions of article 4 of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ) and shall enter his name in Part I of the Register and the entry shall have effect as if it had been made on the 1st day of January, 1990.".

10 Amendment of article 38 of the Principal Scheme.

10.

10. Article 38 of the Principal Scheme is hereby amended Amendment of by the insertion of the words, "while under or over the age of sixty-five years, is unemployed and" after the words "which he" in sub-article (3) (b).

11 Amendment of article 44 of the Principal Scheme.

11.

11. Article 44 of the Principal Scheme is hereby amended—

( a ) by the insertion of the following sub-article after sub-article (1):

• "(1A) Notwithstanding the provisions of sub-article (1) (c), a preserved pension and preserved lump sum, may on written application to the local authority, be granted to a registered employee of a local authority who ceases to hold his employment on or after the 1st day of July, 1989 on becoming employed in a position service in which is capable of being reckoned under this Scheme, subject to the conditions set out in sub-article (5A).",

( b ) by the deletion of the words "multiplied by fifty-two" from sub-article (5) (a) (i),

( c ) by the insertion of the following sub-article after sub-article (5):

• "(5A) Notwithstanding the foregoing provisions of this article—

( a ) the pensionable local service to be taken into account in determining the preserved pension and preserved lump sum or preserved death gratuity, as appropriate, of a registered employee of a local authority who ceases to hold his employment on or after the 1st day of July, 1989 and becomes employed in another position service in which is capable of being reckoned under this Scheme shall not be such as would with the addition of the service reckonable in such position or any subsequent such position, be greater than forty years, and

( b ) the preserved pension and preserved lump sum in respect of such a person shall be granted by the local authority with effect from the date a lump sum and pension is granted to him in respect of his subsequent position or positions.", and

( d ) by the substitution of the following sub-article for sub-article (8):

• "(8) ( a ) Where a registered employee of a local authority who ceases to hold his employment before the 1st day of July, 1989, with an entitlement to benefit under sub-article (1) subsequently, but before he attains sixty years of age, becomes employed in a position service in which is reckonable under this Scheme, not being a person referred to in sub-article (7), he may apply to the local authority in writing to waive such entitlement and thereupon such entitlement shall be waived and the local authority shall not grant any benefit under this article to, or in respect of, him,.

( b ) Where a registered employee of a local authority who ceases to hold his employment on or after the 1st day of July, 1989, with an entitlement to benefit under sub-article (1) subsequently, but before he attains sixty years of age, becomes employed in a position service in which is reckonable under this Scheme, not being a person referred to in sub-article (7), either his entitlement under this article shall cease or he may apply in writing to the local authority to have the provisions of sub-article (5A) applied to him.".

12 Amendment of article 47 of the Principal Scheme.

12.

12. Article 47 of the Principal Scheme is hereby amended—

( a ) by the insertion of the words "(or his legal personal representative on his behalf)" before the words "shall be entitled to repay" and "does repay" wherever they occur, and

( b ) by the insertion of the following sub-article after sub-article (2):

• "(2A) The foregoing provisions of this article shall apply in respect of a person who becomes employed, before the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme, subject to the proviso that the addition of compound interest shall not apply in any such case where the repayment is made before the expiration of twelve months after the date he is notified in writing of his entitlement under this sub-article.".

13 Amendment of article 50 of the Principal Scheme.

13.

13. Article 50 of the Principal Scheme is hereby amended by the insertion of the following paragraph after paragraph (a) of sub-article (1):

"( aa ) Where, on the 1st day of January, 1990, a person, being a pensionable servant of a local authority, opted, in writing, before the 30th day of November, 1990, to the local authority to have the provisions of this Scheme applied to him, the local authority shall transfer his name from the register of pensionable servants maintained by them under the provisions of article 27 of the Local Government (Superannuation) Act, 1986 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ) and shall enter his name in Part II of the Register and the entry shall have effect as if it had been made on the 1st day of January, 1990.".

14 Amendment of article 56 of the Principal Scheme.

14.

14. Article 56 of the Principal Scheme is hereby amended—

( a ) by the insertion of the following sub-article after sub-article (1).

• "(1A) ( a ) Notwithstanding the provisions of sub-article (1), the Minister may direct that a payment, calculated in accordance with such tables as are approved by him, shall be made to a local authority by the appropriate authority in respect of the transfer of a period of service and such payment shall be in lieu of any refund otherwise proper to be made under the said sub-article (1).

( b ) Any period for which a payment is made under paragraph (a) shall be regarded as having been served with the local authority to which such payment was made.

( c ) The provisions of articles 23 (4) and 45 (4) shall apply to payments made under paragraph (a) as if they were contributions received by them under the said articles 23 and 45.",

( b ) by the insertion of the words "or such other payments as are approved by the Minister" after the words "the appropriate refunds" in sub-article (7), and

( c ) by the insertion of the words "or payments" after the word "refunds" in sub-article (8).

15 Amendment of article 65 or the Principal Scheme.

15.

15. Article 65 of the Principal Scheme is hereby amended—

( a ) by the insertion of the words "(or his legal personal representative on his behalf)" before the words "shall be entitled to repay" and "does repay" in sub-article (1), and

( b ) by the insertion of the following sub-article after sub-article (1):

• "(1A) The foregoing provisions of this article shall apply in respect of a person who becomes employed, before the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme subject to the proviso that the addition of compound interest shall not apply in any such case where the repayment is made before the expiration of twelve months after the date he is notified in writing of his entitlement under this sub-article.".

GIVEN under the Official Seal of the Minister for the Environment, this 13th day of October, 1992.

MICHAEL SMITH,

Minister for the Environment.

The Minister for Finance hereby consents to the Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1992.

GIVEN under the Official Seal of the Minister for Finance, this 13th day of October, 1992.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

This Scheme amends the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986, principally to give effect to changes introduced in the provisions relating to entitlement to preserved superannuation benefits, the inclusion of acting-up payments as part of pensionable pay and the contributions payable between authorities in respect of transfers service for Superannuation purposes. It also gives effect to the further option given in 1990 to staff who were pensionable under the 1956 Act Scheme to join the 1986 Superannuation Revision Scheme.