S.I. No. 367/1995 - Local Government (Superannuation) (Removal of Controls) Scheme, 1995

S.I. No. 367 of 1995.

LOCAL GOVERNMENT (SUPERANNUATION) (REMOVAL OF CONTROLS) SCHEME, 1995.

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 and Collective Citations.

1.

1. (1) This Scheme may be cited as the Local Government (Superannuation) (Removal of Controls) Scheme, 1995.

• (2) Sub-articles (1) and (2) of Article 1 and Articles 2 and 3 of this Scheme and the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 318 of 1984 ) shall be construed as one and may be cited together as the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 and 1985.

• (3) Sub-articles (1) and (3) of Article 1 and Articles 2 and 4 of this Scheme, the Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 ( S.I. no. 319 of 1984 ), the Local Government Employees (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1987 ( S.I. No. 314 of 1987 ) and the Local Government Employees (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1989 ( S.I. No. 241 of 1989 ) shall be construed as one and may be cited together as the Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 to 1995.

• (4) Sub-articles (1) and (4) of Article 1 and Articles 2 and 5 of this Scheme, the Local Government Officers (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 ( S.I. No. 320 of 1984 ), the Local Government Officers (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1987 ( S.I. No. 313 of 1987 ) and the Local Government Officers (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1989 ( S.I. No. 242 of 1989 ) shall be construed as one and may be cited together as the Local Government Officers (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 to 1995.

• (5) Sub-articles (1) and (5) of Article 1 and Articles 2 and 6 of this Scheme and the Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 321 of 1984 ) shall be construed as one and may be cited together as the Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984 and 1995.

• (6) Sub-articles (1) and (6) of Article 1 and Articles 2 and 7 of this Scheme, the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986 ( S.I. No. 363 of 1986 ) and the Local Government Employees (Spouses and Childrens Contributory Pension) (Amendment) Scheme, 1989 ( S.I. No. 239 of 1989 ) shall be construed as one and may be cited together as the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986 to 1995.

• (7) Sub-articles (1) and (7) of Article 1 and Articles 2 and 8 of this Scheme, the Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986 ( S.I. No. 364 of 1986 ) and the Local Government Officers (Spouses and Childrens Contributory Pension) (Amendment) Scheme, 1989 ( S.I. No. 240 of 1989 ) shall be construed as one and may be cited together as the Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986 to 1995.

• (8) Sub-articles (1) and (8) of Article 1 and Articles 2 and 9 of 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 ), the Local Government (Superannuation Revision) (Consolidation) (Managers) Scheme, 1991 ( S.I. No. 341 of 1991 ), the Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1992 ( S.I. No. 293 of 1992 ), and the Local Government (Superannuation Revision) (Consolidation) (Managers) Scheme, 1993 ( S.I. No. 291 of 1993 ), shall be construed as one and may be cited together as the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 to 1995.

• (9) Sub-articles (1) and (9) of Article 1 and Articles 2 and 10 of this Scheme, the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ), the Local Government (Superannuation) Act, 1956 (Consolidation) (Amendment) Scheme, 1990 ( S.I. No. 127 of 1990 ), the Local Government (Superannuation) Act, 1956 (Consolidation) (Managers) Scheme, 1991 ( S.I. No. 340 of 1991 ), the Local Government (Superannuation) Act, 1956 (Consolidation) (Amendment) Scheme, 1992 ( S.I. No. 292 of 1992 ), and the Local Government (Superannuation) Act, 1956 (Consolidation) (Managers) Scheme, 1993 ( S.I. No. 290 of 1993 ), shall be construed as one and may be cited together as the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 to 1995.

2 Commencement.

2.

2. This Scheme shall be deemed to have come into force on the 6th day of September, 1993.

3 Amendment of Employees Widows and Orphans Contributory Pension Scheme.

3.

3. The Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 is hereby amended as follows:

• (a) by the substitution for sub-article (2) of article 6 of the following sub-article:

• "(2) Notwithstanding sub-article (1), where—

• (a) a pension under this Scheme is not granted or ceases under the said sub-article (1), and

• (b) at a date subsequent to the marriage or cohabitation by reason of which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf of, the widow of a member, are satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension, such local authority may, if they think fit, and, as respects any application received before the 6th day of September, 1993, subject to the approval of the Minister, grant or regrant, as may be appropriate, the pension as from,

• (i) in case the marriage or cohabitation has come to an end, the date on which the marriage or cohabitation ended,

• (ii) in any other case, a date not earlier than the date on which the relevant application is received by the local authority.".

• (b) by the substitution for sub-articles (5) and (6) of article 8 of the following sub-articles:

• "(5)
• (a) Where the children of the deceased are at the time of, or at any time after, his death in the care of some person other than his widow, the local authority may, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that for so long as they are in such care sub-article (4) (a) shall apply notwithstanding that the widow is still alive, and, in case the local authority so decide, this article shall be construed and shall have effect accordingly.

• (b) Where some but not all of the children of the deceased are at the time of, or at any time after, his death in the care of a person other than his widow, the rate of that portion of the children's pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rate specified in sub-article (4) (a) provided that the amount of children's pension payable in respect of a deceased shall not exceed one-half of the rate of the deceased's pension.

• (6) Notwithstanding the foregoing provisions of this article, where the deceased leaves a widow and no widow's pension is granted to her under this Scheme, or, if one is so granted to her and it ceases to be paid before her death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time of the widow or within the time in respect of which no widow's pension is payable, as may be appropriate, unless the local authority, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that such a pension shall be so payable, and, in case the local authority so decide, they may further decide that sub-article (5) shall apply as respects any such period.".

4 Amendment of Employees Widows and Orphans Ex-Gratia Pension Scheme.

4.

4. The Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984, as amended by the Local Government Employees (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1987 and the Local Government Employees (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1989, is hereby further amended as follows:

• (a) by the substitution for sub-article (2) of article 6 of the following sub-article:

• "(2) Notwithstanding sub-article (1), where—

• (a) a pension under this Scheme is not granted or ceases under the said sub-article (1), and

• (b) at a date subsequent to the marriage or cohabitation by reason of which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf of, the widow of the deceased, are satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension, such local authority may, if they think fit, and, as respects any application received before the 6th day of September, 1993, subject to the approval of the Minister, grant or regrant, as may be appropriate, the pension as from,

• (i) in case the marriage or cohabitation has come to an end, the date on which the marriage or cohabitation ended,

• (ii) in any other case, a date not earlier than the date on which the relevant application is received by the local authority.".

• (b) by the substitution for sub-articles (5) and (6) of article 8 of the following sub-articles:

• "(5)
• (a) Where the children of the deceased are at the time of, or at any time after, his death in the care of some person other than his widow, the local authority may, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that for so long as they are in such care the rate of the children's pension may be calculated by reference to any or all, as may be appropriate, of the rates set out in Part I of the Table to sub-article (4) notwithstanding that the widow is still alive, and, in case the local authority so decide, this article shall be construed and shall have effect accordingly.

• (b) Where some but not all of the children of the deceased are at the time of, or at any time after, his death in the care of a person other than his widow, the rate of that portion of the children's pension which is payable in respect of the children who are in the care of that person may be calculated by reference to any or all, as may be appropriate, of the following rates, namely, those specified in Part I of the Table to sub-article (4), provided that the amount of children's pension payable in respect of a deceased shall not exceed,

• (i) during the period beginning on the commencement of this Scheme and ending on the 30th day of June, 1977 one-quarter of the rate of the deceased's pension,

• (ii) during the period beginning on the 1st day of July, 1977 and ending on the 30th day of June, 1979 one third of the rate of the deceased's pension,

• (iii) during the period beginning on the 1st day of July, 1979, and ending on the 31st day of December, 1985, five-twelfths of the rate of the deceased's pension,

• (iv) during the period beginning on the 1st day of January, 1986, and ending on the 31st day of December, 1986, eleven twenty-fourths of the rate of the deceased's pension,

• (v) as on and from the 1st day of January, 1987, one-half of the rate of the deceased's pension.

• (6) Notwithstanding the foregoing provisions of this article, where the deceased leaves a widow and no widow's pension is granted to her under this Scheme, or, if one is so granted to her and it ceases to be paid before her death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time of the widow or within the time in respect of which no widow's pension is payable, as may be appropriate, unless the local authority, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that such a pension shall be so payable, and, in case the local authority so decide, they may further decide that sub-article (5) shall apply as respects any such period.".

5 Amendment of Officers Widows and Orphans Ex-Gratia Pension Scheme.

5.

5. The Local Government Officers (Widows and Orphans Ex-Gratia Pension) Scheme, 1984, as amended by the Local Government Officers (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1987 and the Local Government Officers (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1989, is hereby further amended as follows:

• (a) by the substitution for sub-article (2) of article 6 of the following sub-article:

• "(2) Notwithstanding sub-article (1), where—

• (a) a pension under this Scheme is not granted or ceases under the said sub-article (1), and

• (b) at a date subsequent to the marriage or cohabitation by reason of which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf of, the widow of the deceased, are satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension, such local authority may, if they think fit, and, as respects any application received before the 6th day of September, 1993, subject to the approval of the Minister, grant or regrant, as may be appropriate, the pension as from,

• (i) in case the marriage or cohabitation has come to an end, the date on which the marriage or cohabition ended,

• (ii) in any other case, a date not earlier than the date on which the relevant application is received by the local authority.".

• (b) by the substitution for sub-articles (5) and (6) of article 8 of the following sub-articles:

• "(5)
• (a) Where the children of the deceased are at the time of, or at any time after, his death in the care of some person other than his widow, the local authority may, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that for so long as they are in such care the rate of children's pension may be calculated by reference to any or all, as may be appropriate, of the rates set out in Part I of the Table to sub-article (4) notwithstanding that the widow is still alive, and, in case the local authority so decide, this article shall be construed and shall have effect accordingly.

• (b) Where some but not all of the children of the deceased are at the time of, or at any time after, his death in the care of a person other than his widow, the rate of that portion of the childrens pension which is payable in respect of the children who are in the care of that person may be calculated by reference to any or all, as may be appropriate, of the following rates, namely, those specified in Part I of the Table to sub-article (4), provided that the amount of children's pension payable in respect of a deceased shall not exceed,

• (i) during the period beginning on the commencement of this Scheme and ending on the 30th day of June, 1977, one-quarter of the rate of the deceased's pension,

• (ii) during the period beginning on the 1st day of July, 1977 and ending on the 30th day of June, 1979, one-third of the rate of the deceased's pension,

• (iii) during the period beginning on the 1st day of July, 1979, and ending on the 31st day of December, 1985, five-twelfths of the rate of the deceased's pension,

• (iv) during the period beginning on the 1st day of January, 1986, and ending on the 31st day of December, 1986, eleven twenty-fourths of the rate of the deceased's pension,

• (v) as on and from the 1st day of January, 1987, one-half of the rate of the deceased's pension.

• (6) Notwithstanding the foregoing provisions of this article, where the deceased leaves a widow and no widow's pension is granted to her under this Scheme, or, if one is so granted to her and it ceases to be paid before her death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time of the widow or within the time in respect of which no widow's pension is payable, as may be appropriate, unless the local authority, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that such a pension shall be so payable, and, in case the local authority so decide, they may further decide that sub-article (5) shall apply as respects any such period.".

6 Amendment of Officers Widows and Orphans Contributory Pension Scheme.

6.

6. The Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984 is hereby amended as follows:

• (a) by the substitution for sub-article (2) of article 6 of the following sub-article:

• "(2) Notwithstanding sub-article (1), where—

• (a) a pension under this Scheme is not granted or ceases under the said sub-article (1), and

• (b) at a date subsequent to the marriage or cohabitation by reason of which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf of, the widow of a member, are satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension, such local authority may, if they think fit, and, as respects any application received before the 6th day of September, 1993, subject to the approval of the Minister, grant or regrant, as may be appropriate, the pension as from,

• (i) in case the marriage or cohabitation has come to an end, the date on which the marriage or cohabitation ended,

• (ii) in any other case, a date not earlier than the date on which the relevant application is received by the local authority.".

• (b) by the substitution for sub-articles (6) and (7) of article 8 of the following sub-articles:

• "(6)
• (a) Where the children of the deceased are at the time of, or at any time after, his death in the care of some person other than his widow, the local authority may, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that for so long as they are in such care sub-article (4) (a) or (5) (a) or both of those sub-articles shall apply notwithstanding that the widow is still alive, and, in case the local authority so decide, this article shall be construed and shall have effect accordingly.

• (b) Where some but not all of the children of the deceased are at the time of, or at any time after, his death in the care of a person other than his widow, the rate of that portion of the children's pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rates specified in sub-articles (4) (a) and (5) (a) or either of those sub-articles, as appropriate, provided that the amount of children's pension payable in respect of a deceased shall not exceed one-half of the rate of the deceased's pension.

• (7) Notwithstanding the foregoing provisions of this article, where the deceased leaves a widow and no widow's pension is granted to her under this Scheme, or, if one is so granted to her and it ceases to be paid before her death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time of the widow or within the time in respect of which no widow's pension is payable, as may be appropriate, unless the local authority, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that such a pension shall be so payable, and, in case the local authority so decide, they may further decide that sub-article (6) shall apply as respects any such period.".

7 Amendment of Employees Spouses and Children's Contributory Pension Scheme.

7.

7. The Local Government Employees (Spouses and Children's Contributory Pension) Scheme, 1986, as amended by the Local Government Employees (Spouses and Children's Contributory Pension) (Amendment) Scheme, 1989, is hereby further amended as follows:

• (a) by the substitution for sub-article (2) of article 6 of the following sub-article:

• "(2) Notwithstanding sub-article (1), where—

• (a) a pension under this Scheme is not granted or ceases under the said sub-article (1), and

• (b) at a date subsequent to the marriage or cohabitation by reason of which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf of, the spouse of a member, are satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension, such local authority may, if they think fit, and, as respects any application received before the 6th day of September, 1993, subject to the approval of the Minister, grant or regrant, as may be appropriate, the pension as from,

• (i) in case the marriage or cohabitation has come to an end, the date on which the marriage or cohabitation ended,

• (ii) in any other case, a date not earlier than the date on which the relevant application is received by the local authority.".

• (b) by the substitution for sub-articles (5) and (6) of article 8 of the following sub-articles:

• "(5)
• (a) Where the children of the deceased are at the time of, or at any time after, his death in the care of some person other than his spouse, the local authority may, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that for so long as they are in such care sub-article (4) (a) shall apply notwithstanding that the spouse is still alive, and, in case the local authority so decide, this article shall be construed and shall have effect accordingly.

• (b) Where some but not all of the children of the deceased are at the time of, or at any time after, his death in the care of a person other than his spouse, the rate of that portion of the children's pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rate specified in sub-article (4) (a) provided that the amount of children's pension payable in respect of a deceased shall not exceed one-half of the rate of the deceased's pension.

• (6) Notwithstanding the foregoing provisions of this article, where the deceased leaves a spouse and no spouse's pension is granted under this Scheme, or, if one is so granted and it ceases to be paid before the spouse's death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time of the spouse or within the time in respect of which no spouse's pension is payable, as may be appropriate, unless the local authority, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that such a pension shall be so payable and, in case the local authority so decide, they may further decide that sub-article (5) shall apply as respects any such period.".

8 Amendment of Officers Spouses and Children's Contributory Pension Scheme.

8.

8. The Local Government Officers (Spouses and Children's Contributory Pension) Scheme, 1986, as amended by the Local Government Officers (Spouses and Children's Contributory Pension) (Amendment) Scheme, 1989, is hereby further amended as follows:

• (a) by the substitution for sub-article (2) of article 6 of the following sub-article:

• "(2) Notwithstanding sub-article (1), where—

• (a) a pension under this Scheme is not granted or ceases under the said sub-article (1), and

• (b) at a date subsequent to the marriage or cohabitation by reason of which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf of, the spouse of a member, are satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension, such local authority may, if they think fit, and, as respects any application received before the 6th day of September, 1993, subject to the approval of the Minister, grant or regrant, as may be appropriate, the pension as from,

• (i) in case the marriage or cohabitation has come to an end, the date on which the marriage or cohabitation ended,

• (ii) in any other case, a date not earlier than the date on which the relevant application is received by the local authority.".

• (b) by the substitution for sub-articles (5) and (6) of article 8 of the following sub-articles:

• "(5)
• (a) Where the children of the deceased are at the time of, or at any time after, his death in the care of some person other than his spouse, the local authority may, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that for so long as they are in such care sub-article (4) (a) shall apply notwithstanding that the spouse is still alive, and, in case the local authority so decide, this article shall be construed and shall have effect accordingly.

• (b) Where some but not all of the children of the deceased are at the time of, or at any time after, his death in the care of a person other than his spouse, the rate of that portion of the children's pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rates specified in sub-article (4) (a) provided that the amount of children's pension payable in respect of a deceased shall not exceed one-half of the rate of the deceased's pension.

• (6) Notwithstanding the foregoing provisions of this article, where the deceased leaves a spouse and no spouse's pension is granted under this Scheme, or, if one is so granted and it ceases to be paid before the spouse's death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time of the spouse or within the time in respect of which no spouse's pension is payable, as may be appropriate, unless the local authority, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that such a pension shall be so payable, and, in case the local authority so decide, they may further decide that sub-article (5) shall apply as respect any such period.".

9 Amendment of Superannuation Revision Consolidation Scheme.

9.

9. The Local Government (Superannuation Revision) (Consolidation) Scheme, 1986, as amended by the Local Government (Supervision Revision) (Consolidation) (Amendment) Scheme, 1987, the Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1990, the Local Government (Superannuation Revision) (Consolidation) (Managers) Scheme, 1991, the Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1992 and the Local Government (Superannuation Revision) (Consolidation) (Managers) Scheme, 1993, is hereby further amended as follows:

• (a) by the substitution for sub-article (2) of article 26 of the following sub-article;

• "(2) A local authority may, subject to—

• (i) such conditions as may be specified by the Minister, and

• (ii) the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993,

decide that payments of a specified kind, being a kind mentioned in paragraph (a) or paragraph (g) of sub-article (1), shall be for the purposes of this Part of this Scheme part of the salary of a particular officer, of officers of a particular class or of every officer, and thereupon, notwithstanding sub-article (1), "salary" shall in this Part of this Scheme, include, as respects that officer, officers of that class or every officer (as may be appropriate), payments of that kind.".

• (b) by the substitution for sub-article (7) of article 27 of the following sub-article:

• "(7) Notwithstanding the provisions of sub-article (2) (a), where a registered officer on or after the 10th day of January, 1984, ceases to hold office on reaching the age of sixty-five years, and within a period not exceeding three calendar months after such date, the salary for the class or grade of officers to which he belonged at the date of cesser of officer is increased as a result of a general salary increase affecting all classes and grades of officers, then, the salary of such officer shall, subject to the determination of the Minister as respects any cesser of office arising before the 6th day of September, 1993, for the purposes of article 14 only, be deemed to be the salary which would have been appropriate had the increase in salary been applicable on the date the officer ceased to hold his office, provided that the officer is alive on the date the salary increase becomes effective.".

• (c) by the substitution for sub-article (2) of article 48 of the following sub-article:

• "(2) A local authority may, subject to—

• (i) such conditions as may be specified by the Minister, and

• (ii) the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993,

decide that payments of a specified kind, being a kind mentioned in paragraph (a) or paragraph (e) of sub-article (1), shall be for the purposes of this Part of this Scheme part of the wages of a particular employee, of employees of a particular class or of every employee, and thereupon, notwithstanding sub-article (1), "wages" shall in this Part of this Scheme, include, as respects that employee, employees of that class or every employee (as may be appropriate), payments of that kind.".

• (d) by the substitution for sub-article (7) of article 49 of the following sub-article:

• "(7) Notwithstanding the provisions of sub-article (2) (a), where a registered employee on or after the 10th day of January, 1984, ceases to hold his employment on reaching the age of sixty-five years, and within a period not exceeding three calendar months after such date, the rate of wages for the class or grade of employees to which he belonged at the date of cesser of his employment is increased as a result of a general wages increase affecting all classes and grades of employees, then, the wages of such employee shall, subject to the determination of the Minister as respects any cesser of employment arising before the 6th day of September, 1993, for the purposes of article 37 only, be deemed to be the wages which would have been appropriate had the increase in the rate of wages been applicable on the date the employee ceased to hold his employment, provided that the employee is alive on the date the increase in wages becomes effective.".

10 Amendment of Superannuation Act, 1956 Consolidation Scheme.

10.

10. The Local Government (Superannuation ) Act, 1956 (Consolidation) Scheme, 1987, as amended by the Local Government (Superannuation ) Act, 1956 (Consolidation) (Amendment) Scheme, 1990, the Local Government (Superannuation ) Act, 1956 (Consolidation) (Managers) Scheme, 1991, the Local Government (Superannuation ) Act, 1956 (Consolidation) (Amendment) Scheme, 1992 and the Local Government (Superannuation ) Act, 1956 (Consolidation) (Managers) Scheme, 1993, is hereby further amended as follows:

• (a) by the substitution for sub-article (2) of article 24 of the following sub-article:

• "(2) A local authority may, subject to—

• (i) such conditions as may be specified by the Minister, and

• (ii) the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993,

decide that payments of a specified kind, being a kind mentioned in paragraph (a) or paragraph (g) of sub-article (1), shall be for the purposes of this Part of this Scheme part of the salary of a particular officer, of officers of a particular class or of every officer, and thereupon, notwithstanding sub-article (1), "salary" shall in this Part of this Scheme, include, as respects that officer, officers of that class or every officer (as may be appropriate), payments of that kind.".

• (b) by the substitution for sub-article (8) of article 25 of the following sub-article:

• "(8) Notwithstanding the provisions of sub-article (2) (a), where a pensionable officer on or after the 10th day of January, 1984, ceases to hold office on reaching the age of sixty-five years, and within a period not exceeding three calendar months after such date, the salary for the class or grade of officers to which he belonged at the date of cesser of officer is increased as a result of a general salary increase affecting all classes and grades of officers, then, the salary of such officer shall, subject to the determination of the Minister as respects any cesser of office arising before the 6th day of September, 1993, for the purposes of article 13 only, be deemed to be the salary which would have been appropriate had the increase in salary been applicable on the date the officer ceased to hold his office, provided that the officer is alive on the date the salary increase becomes effective.".

• (c) by the substitution for sub-article (2) of article 43 of the following sub-article:

• "(2) A local authority may, subject to—

• (i) such conditions as may be specified by the Minister, and

• (ii) the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993,

decide that payments of a specified kind, being a kind mentioned in paragraph (a) or paragraph (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.".

GIVEN under the Official Seal of the Minister for the Environment,

this 21st day of December, 1995.

BRENDAN HOWLIN,

Minister for the Environment.

The Minister for Finance hereby consents to the Local Government (Superannuation ) (Removal of Controls) Scheme, 1995.

GIVEN under the Official Seal of the Minister for Finance, this 21st day

of December, 1995.

RUAIRÍ QUINN,

Minister for Finance.

EXPLANATORY NOTE.

This Scheme gives statutory effect to the removal of certain controls, exercised by the Minister for the Environment in relation to the operation of the Local Government Superannuation Schemes, as they apply to Health Boards, Vocational Education Committees and certain other bodies. These controls were removed as respects Local Authorities by the Local Government Act, 1991 (Removal of Controls) Regulations, 1993. The Scheme is effective from 6th September, 1993.