S.I. No. 232/1998 - Local Authority Members (Gratuity) Scheme, 1998

S.I. No. 232 of 1998.

LOCAL AUTHORITY MEMBERS (GRATUITY) SCHEME, 1998.

The Minister for the Environment and Local Government, in exercise of the power conferred on him by Section 12 of the Local Government Act, 1998 (No. 16 of 1998), with the consent of the Minister for Finance, hereby makes the following scheme:

1 Short Title

1.

1. This Scheme may be cited as the Local Authority Members (Gratuity) Scheme, 1998.

2 Interpretation

2.

2. (1) In this Scheme—

"the Act of 1998" means the Local Government Act, 1998 (No. 16 of 1998);

"appropriate local authority" means—

• (a) where a person is or was a member of the council of a county, such council,

• (b) where a person is or was a member of the corporation of a county borough, such corporation,

• (c) where a person is or was a member of the corporation of a borough (other than a county borough), such corporation,

• (d) where a person is or was a member of the council of an urban district, such council,

• (e) where a person is or was a member of the commissioners of a town, the council of the county in whose administrative area the town is situated,

• (f) where a person is or was a member of the council of a county and the corporation of a borough (other than a county borough), such council,

• (g) where a person is or was a member of the council of a county and the council of an urban district, such council of a county,

• (h) where a person is or was a member of the council of a county and the commissioners of a town, such council,

• (i) in any other case, such local authority as shall be determined by the Minister;

"eligible person" means—

• (a) a member of a local authority who, on the next ordinary day of retirement of members of that authority after the passing of the Act of 1998, would have not less than five years' qualifying service, or

• (b) a person who—

• (i) ceases or ceased to be a member of a local authority subsequent to the last ordinary day of retirement of members of that authority prior to the passing of the Act of 1998, and

• (ii) has not less than five years' qualifying service,

other than a person to whom section 13 (1) of the Local Government Act, 1991 , falls to be applied at any time between the passing of the Act of 1998 and the next ordinary day of retirement of members of that authority after the passing of the Act of 1998,

and who, as respects a person referred to in paragraph (a) or (b) who is alive after the expiration of the specified period, at any time during the specified period has made application in writing to a local authority, in the form specified in the Schedule to this Scheme, to be granted a gratuity pursuant to article 3(2);

"gratuity" means a gratuity determined in accordance with article 5;

"local authority" shall have the meaning assigned to it by section 1 of the Act of 1998;

"member" shall have the meaning assigned to it in the Local Elections Regulations, 1965 ( S.I. No. 128 of 1965 ):

"the Minister" means the Minister for the Environment and Local Government;

"qualified person", subject to article 7(1), means a person who—

• (a) is notified or, where the person has died, whose legal personal representative is notified, in writing by the appropriate local authority pursuant to article 4 of their decision to grant a gratuity to or in respect of him or her,

• (b) ceases to be a member of any local authority of which he or she is a member not later than the next ordinary day of retirement of members of such authority or authorities after the passing of the Act of 1998, and

• (c) has not less than five years' qualifying service;

"qualifying service" means service given at any time as a member of the local authority, or any other local authority, subject to the provisos that—

• (a) service after the next ordinary day of retirement of members of the authority or authorities of which he or she is or was a member shall not be reckonable, and

• (b) where a period of service of a person as a member of a local authority is concurrent with a period of service by him or her as a member of another local authority, only one such period shall be reckoned for the purposes of determining the amount of a gratuity proposed to be granted to that person under article 4, which shall be the period which gives the more favourable result for him or her;

"the specified period" means the period commencing on the 1st day of July, 1998 and ending on the 15th day of September, 1998;

"years", save where the context otherwise requires, means a figure determined by the formula-

where—

A is the number of completed years in the period in question, and

B is any number of days additional to a completed year or a number of completed years in such period, and

"year" shall be construed accordingly.

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

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

3 Circulation of Scheme and Applications

3.

3. (1) A local authority shall, as soon as is practicable following the circulation of this Scheme to them, send a copy of this Scheme, together with a non-technical summary thereof, to—

• (a) every person who is at the date of receipt of this Scheme by such local authority or was at any time between the day immediately succeeding the last ordinary day of retirement of members of that authority prior to the passing of the Act of 1998 and that date, a member of that local authority, and

• (b) the legal personal representative of any person referred to in paragraph (a) who had not less than five years' qualifying service.

• (2) A person referred to in paragraph (a) of sub-article (1) may, at any time during the specified period, make application in writing to a local authority, in the form specified in the Schedule to this Scheme, to be granted a gratuity.

• (3) Any application received after the expiration of the specified period shall be invalid and a decision and notification under article 4 shall not be made on foot of an invalid application.

• (4) In this article, "local authority" shall mean the local authority of which the person is or was a member save that, in the case of the commissioners of a town, it shall mean the council of the county in whose administrative area the town is situated.

4 Decisions and Notifications

4.

4. (1) Subject to sub-article (2) and (3), the appropriate local authority shall, as soon as is practicable, decide on the grant of a gratuity to or in respect of a person and shall notify such person or, where appropriate, the legal personal representative of such person, in writing, of such decision.

• (2) Where an application is not made by a person pursuant to article 3(2) and such person dies before the expiration of the specified period, the appropriate local authority shall, provided he or she has not less than five years' qualifying service, make a decision to grant a gratuity in respect of him or her pursuant to this article and shall notify his or her legal personal representative accordingly.

• (3) A gratuity shall be granted by the appropriate local authority pursuant to this article to or in respect of an eligible person only.

• (4) A written notifiction of a decision to grant a gratuity pursuant to sub-article (1) shall include details of the amount and method of determination of the gratuity and shall specify, where appropriate, that the decision to grant the gratuity shall have effect provided-

• (a) the conditions of the Scheme, including conditions as to the minimum qualifying service required, are met, and

• (b) the person does not stand nominated as a candidate in an election of members of that or any other local authority held next after the commencement of section 12 of the Act of 1998.

• (5) No more than one gratuity may be granted by a local authority to or in respect of his or her service as a member of a local authority and where the person is or was a member of more than one local authority, the gratuity shall be granted by the appropriate local authority.

• (6) Where a person is or was a member of more than one local authority, the local authority other than the appropriate local authority shall furnish to the appropriate local authority such information or records as are necessary for the purposes of determining the eligibility of a person to a gratuity and the amount of such gratuity.

5 Determination and Payment of Gratuity

5.

5. (1) A gratuity granted by the appropriate local authority under article 4 shall be determined as follows:

• (a) in relation to qualifying service as a member of the council of a county or the corporation of a county borough—

• (i) where the qualifying service is not greater than twenty years —£750 for each year of such service.

• (ii) where the qualifying service is greater than twenty years — the amount determined under subparagraph (i) together with£500 for each year of such service in excess of twenty years,

• (b) in relation to qualifying service as a member of the corporation of a borough (other than a county borough) or the council of an urban district—

• (i) where the qualifying service is not greater than twenty years —£375 for each year of such service,

• (ii) where the qualifying service is greater than twenty years — the amount determined under subparagraph (i) together with£250 for each year of such service in excess of twenty years,

• (c) in relation to qualifying service as a member of the commissioners of a town—

• (i) where the qualifying service is not greater than twenty years —£187.50 for each year of such service,

• (ii) where the qualifying service is greater than twenty years — the amount determined under subparagraph (i) together with£125 for each year of such service in excess of twenty years,

subject to the proviso that qualifying service in excess of forty years shall not be taken into account for the purposes of determining a gratuity.

• (2) A gratuity determined under sub-article (1) shall be payable by the appropriate local authority to or in respect of a qualified person only and payment shall be made to such person or his or her legal personal representative, as appropriate, as soon as is practicable following the next ordinary day of retirement of members of the authority or authorities of which he or she is a member after the passing of the Act of 1998.

6 Statements to Members

6.

6. (1) The appropriate local authority shall, as soon as is practicable following the expiration of the specified period, furnish to the members of such authority a statement of the number of decisions made by them pursuant to article 4.

• (2) The appropriate local authority shall, as soon as is practicable following the expiration of the specified period, furnish to any other local authority of which a person to or in respect of whom a decision to grant a gratuity is or was a member, details of any such decision.

7 Revocation of Decision to Grant

7.

7. (1) A decision made by an appropriate local authority under article 4 shall stand revoked where the person in respect of whom the decision is made stands nominated as a candidate in an election of members of that or any other local authority held next after the commencement of section 12 of the Act of 1998, and a gratuity shall not be payable pursuant to article 5 to or in respect of any such person.

• (2) The appropriate local authority shall notify the person concerned or his or her legal personal representative, as appropriate, in writing of any revocation of a decision pursuant to sub-article (1).

8 Repayment of Gratuity

8.

8. (1) A person who is paid a gratuity by the appropriate local authority pursuant to article 5 and at any time after the local elections next after the commencement of section 12 of the Act of 1998 becomes a member of that or any other local authority, whether by his or her being elected or his or her being co-opted pursuant to section 11 of the Local Government Act, 1994 , shall, within fourteen days after his or her term of office as such member begins, pay the amount of the gratuity to the local authority of which he or she becomes a member.

• (2) Where payment of a gratuity is not made in full by a person to a local authority within the period specified in sub-article (1), the provisions of subsection (7) of section 12 of the Act of 1998 shall apply forthwith.

9 Restrictions

9.

9. Save under this Scheme, a local authority shall not grant or pay any gratuity to a person in respect of his or her service as a member of that or any other local authority.

SCHEDULE

LOCAL AUTHORITY MEMBERS (GRATUITY) SCHEME, 1998

Application to be granted a gratuity

Name of Local Authority/Local Authorities:............................................................ .......

I, ............................................................ . of ............................................................ ..

• (Name) (Address)

................................................., a member of .......................................................

(Address continued) (Name of Local Authority or

............................................................ ............................................................ ...........,

Local authorities of which the person is a member)

hereby make application to be granted a gratuity pursuant to article 3 of the Local Authority Members (Gratuity) Scheme, 1998.

I set out hereunder, to the best of my knowledge, details of my service as a local authority member:

Service

Name of Local Authority(ies) From To

(a)............................................................ ............................................................ ........

(b)............................................................ ............................................................ ........

(c)............................................................ ............................................................ ........

(d)............................................................ ............................................................ ........

Signed:............................................................ ............................................................ .

Date:............................................................ ............................................................ ....

GIVEN under the Official Seal of the Minister for the Environment and Local Government, this 1st day of July, 1998.

NOEL DEMPSEY,

Minister for the Environment and Local Government.

The Minister for Finance hereby consents to the Local Authority Members (Gratuity) Scheme, 1998.

GIVEN under the Official Seal of the Minister for Finance, this 2nd day of July, 1998.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

This Scheme makes provision and specifies conditions for the grant of a gratuity to or in respect of members or certain former members of local authorities, as provided for by section 12 of the Local Government Act, 1998 .