LegalizeS.I. No. 455/1998 - Local Government (Superannuation) (Consolidation) Scheme, 1998
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
15 amending acts · 2024-08-30, S.I. No. 421/2024 - Local Government (Superannuation) (Consolidation) (Amendment) Scheme 2024
PART I PRELIMINARY AND GENERAL
PART II MEMBERS' PERSONAL SUPERANNUATION PROVISIONS
CHAPTER 1 Interpretation for the purposes of Part II.
CHAPTER 2 Provisions applicable to persons who either retired before the introduction of or did not exercise an option to become subject to the provisions contained in Chapter 3 of Part II of this Scheme.
Pensionable Officers
5. Register of pensionable officers.
6. Removal from the register of person ceasing to be registrable officer.
7. Notification to local authority of cesser of office under another local authority.
8. General limitations on service to be reckoned by pensionable officer.
9. Reckoning service of pensionable officer.
10. Pensionable local service of pensionable officer.
11. Addition to pensionable local service of pensionable officer.
12. Service of pensionable officer at termination of office.
13. Grant of lump sum and allowance to pensionable officer on his or her ceasing to hold office.
14. Determination of lump sum granted to pensionable officer.
15. Determination of allowance granted to pensionable officer.
16. Reduction of lump sum and allowance of pensionable officer for unsatisfactory service.
17. Grant of short service gratuity to pensionable officer.
18. Grant of gratuity in respect of deceased pensionable officer.
19. Grant of gratuity in respect of deceased grantee under article 13.
20. Grant of gratuity to female pensionable officer on marriage.
21. Superannuation of certain managers.
23. Contributions by pensionable officers.
24. Return of contributions to pensionable officers.
25. Repayment of returned contributions (pensionable officer).
26. Exclusions from salary and emoluments.
27. Calculation of pensionable remuneration of pensionable officer.
28. Transitional provisions for articles 5 to 28.
Pensionable Servants
29. Register of pensionable servants.
30. Removal from the register of person ceasing to be servant, etc.
31. Notification to local authority of cesser of employment under another local authority.
32. General limitations on service to be reckoned by pensionable servant.
33. Reckoning service of pensionable servant.
34. Pensionable local service of pensionable servant.
35. Grant of allowance to pensionable servant on his or her ceasing to hold employment.
36. Determination of allowance granted to pensionable servant.
37. Reduction of allowance of pensionable servant for unsatisfactory service.
38. Grant of short service gratuity to pensionable servant.
39. Grant of gratuity in respect of deceased pensionable servant.
40. Grant of gratuity in respect of deceased grantee under article 35.
41. Grant of gratuity to female pensionable servant on marriage.
42. Contributions by pensionable servants.
43. Return of contributions to pensionable servants.
44. Repayment of returned contributions (pensionable servant).
45. Exclusions from wages and emoluments.
46. Calculation of pensionable remuneration of pensionable servant.
47. Transitional provisions for articles 29 to 47.
Additional Benefits
48. Surrender of portion of allowance.
49. Gratuity or allowance in case of injury.
50. Gratuity — part-time, permanent, non-pensionable officer.
51. Allowances in certain special cases.
Miscellaneous
52. General provision as to allowance being for life.
53. Assignment of allowance, etc.
54. Suspension or reduction of allowance.
55. Ascertainment of continuance of infirmity.
56. Cancellation of allowance on conviction of offence.
57. Particulars of benefits in advance of retirement.
58. Repayment of contributions under Act of 1948.
CHAPTER 3 Provisions applicable to persons who either, being subject to the provisions contained in Chapter 2 of Part II of this Scheme, exercised an option to become subject to the provisions contained in this Chapter or became pensionable after specified dates.
Registration of Officers and Employees
Registered Officers
62. General limitations on service to be reckoned by registered officer.
63. Reckoning wholetime service of registered officer.
64. Reckoning part-time service of registered officer.
65. Pensionable local service of registered officer.
66. Addition to pensionable local service of registered officer.
67. Service of registered officer at termination of office.
68. Non-consultant hospital doctors.
69. Grant of lump sum and allowance to registered officer on his or her ceasing to hold office.
70. Determination of lump sum granted to registered officer.
71. Determination of allowance granted to registered officer.
72. Reduction of lump sum and allowance of registered officer for unsatisfactory service.
73. Grant of short service gratuity to registered officer.
74. Grant of gratuity in respect of deceased registered officer.
75. Grant of gratuity in respect of deceased grantee under article 69.
76. Grant of gratuity to female registered officer on marriage.
77. Grant of preserved benefits to registered officer.
78. Superannuation of certain managers.
80. Contributions by registered officers.
81. Return of contributions to registered officers.
82. Repayment of returned contributions (registered officer).
83. Exclusions from salary and emoluments.
84. Calculation of pensionable remuneration of registered officer.
85. Transitional provisions for articles 62 to 85.
Registered Employees
86. General limitations on service to be reckoned by registered employee.
87. Application of certain provisions to registered employees.
88. Reckoning wholetime service of registered employee.
89. Reckoning part-time service of registered employee.
90. Pensionable local service of registered employee.
91. Addition to pensionable local service of registered employee.
92. Service of registered employee at termination of employment.
93. Grant of lump sum and allowance to registered employee on his or her ceasing to hold employment.
94. Determination of lump sum granted to registered employee.
95. Determination of allowance granted to registered employee.
96. Reduction of lump sum and allowance of registered employee for unsatisfactory service.
97. Grant of short service gratuity to registered employee.
98. Grant of gratuity in respect of deceased registered employee.
99. Grant of gratuity in respect of deceased grantee under article 93.
100. Grant of gratuity to female registered employee on marriage.
101. Grant of preserved benefits to registered employee.
102. Contributions by registered employees.
103. Return of contributions to registered employees.
104. Repayment of returned contributions (registered employee).
105. Exclusions from wages and emoluments.
106. Calculation of pensionable remuneration of registered employee.
107. Transitional provisions for articles 86 to 107.
Additional Benefits
108. Surrender of portion of allowance.
109. Gratuity or allowance in case of injury.
110. Gratuity — part-time, permanent, non-pensionable officer.
Miscellaneous
111. General provision as to allowance being for life.
112. Assignment of allowance, etc.
113. Suspension or reduction of allowance.
114. Ascertainment of continuance of infirmity.
115. Cancellation of allowance on conviction of offence.
116. Particulars of benefits in advance of retirement.
PART III SPOUSES AND CHILDRENS PENSION PROVISIONS
CHAPTER 1 Provisions applicable to officers which were formerly contained in the Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984.
120. Power to grant widows' or widowers' and children's pensions.
121. Widows' or widowers' pensions.
122. Children's pensions; beneficiaries.
123. Children's pensions; rate and mode of payment.
126. Repayment of contributions.
127. Former members becoming contributing members.
128. Non-periodic contributions.
129. Allocations under article 48 or 108 not to affect rights under this Chapter.
130. Provisions affecting article 49 or 109.
131. Marriages of members whose early death is to be foreseen.
133. Pensions to be inalienable.
134. Application of certain provisions of Part VII.
135. Non-application of certain provisions of Part II.
136. Application of Chapter 3 of Part II.
137. Application of this Chapter to officers pensionable under Part VIII of the Act of 1945.
CHAPTER 2 Provisions applicable to employees which were formerly contained in the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984.
140. Power to grant widows' or widowers' and children's pensions.
141. Widows' or widowers' pensions.
142. Children's pensions; beneficiaries.
143. Children's pensions; rate and mode of payment.
146. Repayment of contributions.
147. Former members becoming contributing members.
148. Non-periodic contributions.
149. Allocations under article 108 not to affect rights under this Chapter.
150. Provisions affecting article 109.
151. Marriages of members whose early death is to be foreseen.
153. Pensions to be inalienable.
154. Application of certain provisions of Part VII.
155. Application of Chapter 3 of Part II.
CHAPTER 3 Provisions applicable to officers which were formerly contained in the Local Government Officers (Widows and Orphans Ex-Gratia Pension) Scheme, 1984.
157. Pensionable officers to whom this Chapter applies.
158. Power to grant widows' and children's pensions.
160. Children's pensions; beneficiaries.
161. Children's pensions; rate and mode of payment.
162. Allocations under article 48 not to affect rights under this Chapter.
163. Provisions affecting article 49 and section 77 of the Act of 1948.
164. Payment of widows' and children's pensions.
165. Marriages of former male pensionable officers whose early death is to be foreseen.
167. Pensions to be inalienable.
168. Application of certain provisions of Part VII and of the Act of 1945.
CHAPTER 4 Provisions applicable to employees which were formerly contained in the Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984.
170. Pensionable servants to whom this Chapter applies.
171. Power to grant widows' and children's pensions.
173. Children's pensions; beneficiaries.
174. Children's pensions; rate and mode of payment.
175. Allocations under article 48 not to affect rights under this Chapter.
176. Provisions affecting article 49 and section 77 of the Act of 1948.
177. Payment of widow's and children's pensions.
178. Marriage of former male pensionable servants whose early death is to be foreseen.
180. Pensions to be inalienable.
181. Application of certain provisions of Part VII and of the Act of 1945.
CHAPTER 5 Provisions applicable to officers which were formerly contained in the Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986.
184. Power to grant spouses' and children's pensions.
186. Children's pensions; beneficiaries.
187. Children's pensions; rate and mode of payment.
190. Repayment of contributions.
191. Former members becoming contributing members.
192. Non-periodic contributions.
193. Allocations under article 108 not to affect rights under this Chapter.
194. Provisions affecting article 109.
195. Marriages of members whose early death is to be foreseen.
197. Pensions to be inalienable.
198. Application of certain provisions of Part VII.
199. Non-application of certain provisions of Part II.
200. Application of Chapter 3 of Part II.
201. Application of this Chapter to certain officers referred to in article 183(2) and (3).
203. Application of this Chapter to spouses of officers who died before 1 September, 1984.
CHAPTER 6 Provisions applicable to employees which were formerly contained in the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986.
207. Power to grant spouses' and children's pensions.
209. Children's pensions; beneficiaries.
210. Children's pensions; rate and mode of payment.
213. Repayment of contributions.
214. Former members becoming contributing members.
215. Non-periodic contributions.
216. Allocations under article 108 not to affect rights under this Chapter.
217. Provisions affecting article 109.
218. Marriages of members whose early death is to be foreseen.
220. Pensions to be inalienable.
221. Application of certain provisions of Part VII.
222. Application of Chapter 3 of Part II.
223. Application of this Chapter to certain persons referred to in article 206(2) and (3).
225. Application of this Chapter to spouses of persons who died before 1 September, 1984.
PART IV TRANSFER OF SERVICE PROVISIONS
228. Limitations on the reckoning of service under this Part.
231. Application of article 229.
232. Refunds in certain cases.
233. Management of payments received by local authorities under this Part.
234. Transfers to and from specified employers.
235. Pensionable local service.
PART V PURCHASE OF NOTIONAL SERVICE PROVISIONS
CHAPTER 1 Purchase of Notional Service provisions applicable to persons opting to purchase service between 2 February, 1981 and 30 June, 1990.
237. Persons to whom this Chapter applies.
238. Limitations on the purchasing of notional service.
239. Methods of purchasing notional service.
240. Crediting of purchased notional service.
241. Reckoning of purchased notional service.
242. Return of contributions and revision of rate of periodical contributions.
244. Postponement of date on which contributions are payable.
245. Purchase of notional service by organisations.
CHAPTER 2 Purchase of Notional Service provisions applicable to persons opting to purchase service on or after 1 July, 1990.
249. Persons to whom this Chapter applies.
250. Limitations on the purchasing of notional service and transitional provisions.
251. Methods of purchasing notional service.
252. Crediting of purchased notional service.
253. Reckoning of purchased notional service.
255. Revision of rate of periodical contributions.
256. Purchase of notional service by organisations.
258. Revision of contribution rates and actuarial factors.
259. Reckoning periods of special leave without pay (career breaks).
PART VI EARLY RETIREMENT AND VOLUNTARY REDUNDANCY PROVISIONS
261. Benefits to be granted to persons with at least forty years' pensionable local service.
265. Benefits to be granted to persons with less than five years' pensionable local service.
266. Application of certain provisions of this Part to certain persons.
267. Application of certain provisions of Chapter 2 of Part II to this Part.
268. Application of certain provisions of Chapter 3 of Part II to this Part.
269. Application of certain provisions of Chapter 1 of Part III to this Part.
270. Application of certain provisions of Chapter 2 of Part III to this Part.
271. Application of certain provisions of Chapter 5 of Part III to this Part.
272. Application of certain provisions of Chapter 6 of Part III to this Part.
273. Application of certain provisions of Part V to this Part.
274. Application of certain provisions of Part VII to this Part.
276. General restriction on grants under Part VI.
PART VII FINANCIAL AND MISCELLANEOUS PROVISIONS
Financial provisions
277. Local authority by whom payment is to be made.
278. Area of charge of payment of local authority.
279. Refunds or payments in certain cases.
280. Agreements in relation to contributions.
Miscellaneous provisions
281. Forfeiture and reduction of awards.
283. Repayment of lump sum, allowance, pension, gratuity overpaid.
S.I. No. 455 of 1998.
LOCAL GOVERNMENT (SUPERANNUATION) (CONSOLIDATION) SCHEME, 1998.
PART I PRELIMINARY AND GENERAL
1 Short title.
1.
1. This Scheme may be cited as the Local Government (Superannuation) (Consolidation) Scheme, 1998.
2 Commencement.
2.
2. (1) Part I shall be deemed to have come into force on the 27th day of March 1956.
- (2)
- (a) Chapter 1 of Part II shall be deemed to have come into force on the 27th day of March, 1956.
(b)Articles 5 to 28 of Chapter 2 of Part II shall be deemed to have come into force on the 1st day of April, 1956.
- (c) (i) Articles 29 to 47 of Chapter 2 of Part II shall be deemed to have come into force in relation to a local authority on the date Part III of the Act of 1956 came into operation in relation to them, that is to say—
- (I) in relation to a local authority who passed a resolution under section 5 of the Act of 1948 — on the 1st day of April, 1956,
- (II) in relation to a mental hospital authority — on the 1st day of April, 1961,
- (III) in relation to a local authority not being a local authority referred to in clause (I) or a mental hospital authority, who passed a resolution under section 5 of the Act of 1956 — on the date specified in the resolution,
- (IV) in any other case — on the 1st day of January, 1984.
- (ii) In relation to the period ending on the 31st day of December, 1983, a reference in articles 29 to 47 of Chapter 2 of Part II to a local authority does not include a reference to any local authority in relation to whom those articles had not come into operation save where the reference is in relation to service as an officer.
- (iii) The commencement of articles 29 to 47 of Chapter 2 of Part II in relation to a local authority shall not have the effect of applying section 53 of the Act of 1925 to such local authority.
- (d) Articles 48 to 59 of Chapter 2 of Part II shall be deemed to have come into force on the 27th day of March, 1956.
- (3) Chapter 3 of Part II shall be deemed to have come into force on the 27th day of May, 1977.
- (4) Chapter 1 of Part III shall be deemed to have come into force on the 23rd day of July, 1968.
- (5) Chapter 2 of Part III shall be deemed to have come into force on the 27th day of May, 1977.
- (6) Chapter 3 of Part III shall be deemed to have come into force on the 1st day of October, 1969.
- (7) Chapter 4 of Part III shall be deemed to have come into force on the 27th day of May, 1977.
- (8) Chapter 5 of Part III shall be deemed to have come into force on the 1st day of September, 1984.
- (9) Chapter 6 of Part III shall be deemed to have come into force on the 1st day of September, 1984.
- (10) Part IV shall be deemed to have come into force on the 1st day of June, 1973.
- (11) Chapter 1 of Part V shall be deemed to have come into force on the 27th day of May, 1977.
- (12) Chapter 2 of Part V shall be deemed to have come into force on the 1st day of July, 1990.
- (13) Part VI shall be deemed to have come into force on the 17th day of July, 1987.
- (14) Part VII shall be deemed to have come into force on the 27th day of March, 1956.
3 Interpretation generally.
3.
3. (1) In this Scheme—
"the Act of 1909" means the Asylum Officers' Superannuation Act, 1909, (9 Edw. 7, c.48);
"the Act of 1925" means the Local Government Act, 1925 (No. 5 of 1925);
"the Act of 1945" means the Mental Treatment Act, 1945 (No. 19 of 1945);
"the Act of 1948" means the Local Government (Superannuation) Act, 1948 (No. 4 of 1948);
"the Act of 1956" means the Local Government (Superannuation) Act, 1956 (No. 10 of 1956);
"the Act of 1961" means the Mental Treatment Act, 1961 (No. 7 of 1961);
"adoption order" means an adoption order made under the Adoption Act, 1952 (No. 25 of 1952);
"the appropriate Minister" means—
- (a) in case the local authority in question are a vocational education committee, the Minister for Education,
- (b) in case the local authority in question are a committee of agriculture, the Minister for Agriculture, in respect of the period beginning on the 1st day of April 1956 and ending on the 30th day of June, 1980,
- (c) in any other case, the Minister;
"civil service", when used without qualification, includes, in addition to the civil service of the Government, the civil services mentioned in paragraphs (a), (b), (e) and (f) of subsection (1) of section 2 of the Superannuation Act, 1936 (No. 39 of 1936);
"death gratuity"—
- (a) in relation to a pensionable officer, means, subject to article 156, a gratuity under article 18,
- (b) in relation to a pensionable servant, means, subject to article 169, a gratuity under article 39,
- (c) in relation to a registered officer, means a gratuity under article 74, and
- (d) in relation to a registered employee, means a gratuity under article 98;
"disability benefit" means the Disability Benefit provided for in Chapter 7 of Part II of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993);
"emolument" means, subject to articles 26, 45, 83 and 105, any apartments, rations, or other perquisites in kind (or, as the case may require, a monetary payment given in lieu of such apartments, rations, or other perquisites) appertaining to an office or employment and all fees, poundage and commission of an officer or employee or servant as such for his or her own use together with, in relation to a registered officer or a registered employee, any allowances in the nature of pay which are additional to salary or wages, other than payments, expenses or allowances in kind of the kind specified in article 83(1) or 105(1);
"employee" means an employee who is appointed or employed, otherwise than as an independent contractor or as an officer, by a local authority;
"fully insured" means insured for all benefits under the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993);
"harbour authority" means a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946);
"health body" means a body within the meaning of section 2 (9) of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980), other than a local authority, within the meaning of section 1 of that Act, or a health board;
"invalidity pension" means the Invalidity Pension provided for in Chapter 15 of Part II of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993);
"local authority" shall have the meaning assigned to it in section 1 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) and in addition shall include a body within the meaning of section 2(9) of that Act;
"lump sum"—
- (a) in relation to a pensionable officer, means a lump sum under article 14,
- (b) in relation to a registered officer, means a lump sum under article 70, and
- (c) in relation to a registered employee, means a lump sum under article 94;
"marriage gratuity"—
- (a) in relation to a pensionable officer, means a gratuity under article 20,
- (b) in relation to a pensionable servant, means a gratuity under article 41,
- (c) in relation to a registered officer, means a gratuity under article 76, and
- (d) in relation to a registered employee, means a gratuity under article 100;
"minimum retiring age" means, in the case of an officer to whom the provisions of sub-article (2) or (3)(a) of article 10 or 65 apply, or in the case of an employee or servant to whom the provisions of sub-article (2) or (3)(a) of article 34 or 90 apply, 55 years and, in any other case, 60 years;
"the Minister" means the Minister for the Environment and Local Government;
"net pensionable remuneration" means the amount by which the pensionable remuneration of—
- (a) a registered employee or, for the purposes of article 169(3)(a), a pensionable servant exceeds twice the personal weekly rate of old age contributory pension payable on his or her last service day, or
- (b) a registered officer exceeds twice the annual equivalent of the personal weekly rate of old age contributory pension payable on the date he or she ceases to hold office;
"net salary" means the amount by which the annual rate of salary of a registered officer exceeds twice the annual equivalent of the personal weekly rate of old age contributory pension;
"net wages" means the amount by which the weekly rate of wages of a registered employee exceeds twice the personal weekly rate of old age contributory pension;
"officer" does not include—
- (a) a person holding any of the offices mentioned in section 17 of the Local Government Act, 1941 (No. 23 of 1941), or
- (b) a person referred to in article 3(2) of the Vocational Education Superannuation Schemes (Transfer of Departmental Administration and Ministerial Functions) Order, 1998 ( S.I. No. 362 of 1998 );
"old age contributory pension" means the Old Age (Contributory) Pension provided for in Chapter 12 of Part II of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993);
"pension"—
- (a) in relation to a pensionable officer, means, subject to article 156, an allowance under article 15,
- (b) in relation to a pensionable servant means, subject to article 169, an allowance under article 36,
- (c) in relation to a registered officer, means an allowance under article 71, and
- (d) in relation to a registered employee, means an allowance under article 95;
"pension rate of pay" means a rate of salary payable under Rule (iv) of sub-article (1) of article 21 of the Local Government (Officers) Regulations, 1943 (S. R. & O. 1943, No. 161) or under any provision corresponding to that Rule;
"pensionable local service"—
- (a) in relation to a pensionable officer, has, subject to article 156, the meaning assigned to it in articles 10 and 235,
- (b) in relation to a pensionable servant, has, subject to article 169, the meaning assigned to it in articles 34 and 235,
- (c) in relation to a registered officer, has, subject to articles 236, 248 and 260, the meaning assigned to it in articles 65, 235, 241(2) and 253(2), and
- (d) in relation to a registered employee, has, subject to articles 236, 248 and 260 the meaning assigned to it in articles 90, 235, 241(2) and 253(2);
"pensionable officer" means, subject to article 156, an officer of a local authority whose name is entered in the register of pensionable officers maintained by such local authority under article 5;
"pensionable remuneration"—
- (a) in relation to a pensionable officer, has, subject to article 156, the meaning assigned to it in article 27,
- (b) in relation to a pensionable servant, has, subject to article 169, the meaning assigned to it in article 46,
- (c) in relation to a registered officer, has the meaning assigned to it in article 84, and
- (d) in relation to a registered employee, has the meaning assigned to it in article 106;
"pensionable servant" means, subject to article 169, a servant of a local authority whose name is entered in the register of pensionable servants maintained by such local authority under article 29;
"personal rate", in relation to disability benefit, invalidity pension, old age contributory pension, retirement pension or unemployment benefit, means the rate of disability benefit, invalidity pension, old age contributory pension, retirement pension or unemployment benefit payable to a single person over eighteen and under eighty years, under column (2) of Part I of the Second Schedule to the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993);
"personal weekly rate of old age contributory pension" means the Old Age (Contributory) Pension payable in the case of a person under eighty years at the rate set out in column (2) of Part I of the Second Schedule to the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993); "preserved death gratuity"—
- (a) in relation to a registered officer, means a gratuity payable on death under article 77, and
- (b) in relation to a registered employee, means a gratuity payable on death under article 101;
"preserved lump sum"—
- (a) in relation to a registered officer, means a lump sum under article 77, and
- (b) in relation to a registered employee, means a lump sum under article 101;
"preserved pension"—
- (a) in relation to a registered officer, means a pension under article 77, and
- (b) in relation to a registered employee, means a pension under article 101;
"reduced personal rate" of disability benefit, old age contributory pension, retirement pension or unemployment benefit means the rate of disability benefit, old age contributory pension, retirement pension or unemployment benefit payable to a person exclusive of any increases for adult dependant, children, relatives, living alone allowance or, in the case of the old age contributory pension and retirement pension, exclusive of the increases where he or she is eighty years or more, being less than the personal rate of such pension or benefit;
"registered employee" means an employee whose name is entered in Part II of the Register maintained under article 60;
"registered officer" means an officer whose name is entered in Part I of the Register maintained under article 60;
"retirement pension" means the Retirement Pension provided for in Chapter 13 of Part II of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993);
"salary" means, subject to articles 26, 83, 236 and 248, payments as salary to an officer as such for his or her own use and, in the case of an officer who is suspended or absent on leave and who, as respects the period of suspension or absence, does not receive a part of the payments as salary to him or her for his or her own use which such person would have received if he or she had not been suspended or absent on leave, includes that part, together with, in relation to a registered officer,
- (a) allowances made to vocational teachers in respect of qualifications in accordance with the appropriate scales for the time being approved by the Minister for Education and the Minister for Finance, and
- (b) allowances in respect of the posts of Principal, Vice-Principal, Grade A and Grade B posts of responsibility made to a vocational teacher who ceases to be a registered officer on or after the 30th day of June, 1978, in accordance with the appropriate scales for the time being approved by the Minister for Education and the Minister for Finance;
"servant" includes a person holding any of the offices mentioned in article 17 of the Local Government Act, 1941 (No. 23 of 1941), other than the office of coroner;
"service day" means—
- (a) (i) a day on which the employee or servant worked in a wholetime capacity for one or more than one local authority, the work not being work (other than work in a supervisory capacity or work calling for special experience or skill which is not given to him or her by reference to the provision of employment for him or her or the relief of his or her distress) on any work or scheme of works the expenses of which are in whole or in part met from moneys provided by the Oireachtas for the provision of employment and the relief of distress, or
- (ii) as respects a person who is an employee or servant on or after the 10th day of January, 1984, a day on which he or she worked in a wholetime capacity for one or more than one local authority,
- (b) a day (other than a Sunday) in respect of which the employee or servant was given paid leave.
- (c) a day (other than Sunday) in respect of which the employee or servant was paid compensation under section 76 of the Social Welfare (Consolidation) Act, 1993 , by a local authority, provided that the accident occurred on a day such as is referred to in paragraph (a) of this definition and that either—
- (i) the whole of the period in respect of which the compensation was paid was not more than one year, or
- (ii) where the whole of the period in respect of which the compensation was paid was more than one year, the day occurred during such portion of the period as was before the expiration of one year from its commencement,
- (d) a day (other than Sunday) in respect of which the employee or servant was paid injury benefit or disablement benefit under Chapter 10 of Part II of the Social Welfare (Consolidation) Act, 1993 , provided that—
- (i) 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 this definition,
- (ii) either—
- (I) the whole of the period in respect of which the benefit was paid was not more than one year, or
- (II) where the whole of the period in respect of which the benefit was paid was more than one year, the day occurred during such portion of the period as was before the expiration of one year from its commencement, and
- (iii) in the case of a day in respect of which the employee or servant was paid disablement benefit, it was a day on which he or she was incapable of work or unable, solely because of the said accident, injury or disease, to work in the manner referred to in paragraph (a) of this definition,
- (e) as respects a person who is a pensionable servant or a registered employee on or after the 10th day of January, 1984, a day (other than a Sunday) in respect of which such person was not in receipt of wages by virtue solely of his or her entitlement to disability benefit or invalidity pension under Chapter 7 or 15, as appropriate, of Part II of the Social Welfare (Consolidation) Act, 1993 , subject to the proviso that had he or she not been entitled to the said disability benefit or invalidity pension he or she would have been in receipt of wages at a rate not less than one-half of the full rate otherwise applicable to him or her,
- (f) as respects a person who is a pensionable servant or a registered employee on or after the 10th day of January, 1984, a day on which, owing to illness which was certified by a registered medical practitioner (or in respect of which the local authority is satisfied that the absence was owing to illness) such person was on leave from his or her employment, without pay, the day being a day in respect of which, had he or she been an officer of the local authority, he or she would have been granted salary or part salary, not being pension rate of pay, subject to the proviso that it followed a day, such as is referred to in paragraph (a), (b), (c), (d), (e) or (g) of this definition and that it is not a day which is otherwise reckonable as a service day under this Scheme, or
- (g) a day (other than Sunday or a day on which he or she was on permanent service) on which the employee or servant was attending and performing his or her duty as a member of the Reserve Defence Force on full pay,
and for the purposes of paragraphs (a) and (b) of this definition, as respects an employee or servant who is sharing wholetime employment with another employee or servant under an approved job-sharing scheme, shall be deemed to include any day on which such person would have worked in a wholetime capacity or in respect of which he or she would have been given paid leave had he or she not been sharing his or her employment under such job-sharing scheme;
"short service gratuity"—
- (a) in relation to a pensionable officer, means, subject to article 156, a gratuity under article 17,
- (b) in relation to a pensionable servant, means, subject to article 169, a gratuity under article 38,
- (c) in relation to a registered officer, means a gratuity under article 73, and
- (d) in relation to a registered employee, means a gratuity under article 97;
"unemployment benefit" means the Unemployment Benefit provided for in Chapter 9 of Part II of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993).
"unfitness" means unfitness of an officer for his or her office or unfitness of an employee or servant for his or her employment, but does not include unfitness due to infirmity of mind or body or old age;
"wages" means, subject to articles 45, 105, 236 and 248, payments as wages to an employee or servant as such for his or her own use and—
- (a) in the case of an employee or servant who is suspended or absent on leave and who, as respects the period of suspension or absence, does not receive a part of the payments as wages to him or her for his or her own use which such person would have received if he or she had not been suspended or absent on leave, includes that part,
- (b) in the case of an employee or servant who is being paid compensation under section 76 of the Social Welfare (Consolidation) Act, 1993 , by a local authority, includes the wages that he or she would have received if he or she had not been in receipt of such compensation,
- (c) in the case of an employee or servant who is being paid injury benefit or disablement benefit under Chapter 10 of Part II of the Social Welfare (Consolidation) Act, 1993 , includes, 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) or the definition of "service day" contained in this article and if, where such person is being paid disablement benefit, he or she is 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), the wages that he or she would have received if he or she had not been in receipt of such benefit, and
- (d) as respects an employee or servant who is entitled to reckon as service a day referred to in paragraph (e) or (f) of the definition of "service day" contained in this article, means the full rate of wages otherwise applicable to him or her; and
"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)
- (a) Paragraph (a) (ii) of the definition of "service day" contained in this article shall be applied for the purpose of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to articles 35 and 36 in relation to a pensionable servant who ceased to hold employment before the 10th day of January, 1984 subject to the proviso that the amount of any additional allowance so payable shall be reduced by one-quarter.
- (b) Paragraph (a) (ii) of the definition of "service day" contained in this article shall be applied for the purpose of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to articles 69 and 71 or 93 and 95 or a preserved pension pursuant to article 77 or 101 in relation to a registered officer or registered employee who ceased to hold office or employment before the 10th day of January, 1984.
- (3) Paragraph (f) of the definition of "service day" shall not operate so as to apply to a pensionable servant or registered employee conditions which are less favourable than those which would have applied to him or her had the said paragraph (f) not been in operation.
- (4) In this Scheme, any reference to a Part, Chapter or article which is not otherwise identified is a reference to a Part, Chapter or article of this Scheme.
- (5) In this Scheme, any reference to a sub-article, paragraph, subparagraph, clause or sub-clause which is not otherwise identified is a reference to the sub-article, paragraph, subparagraph, clause or sub-clause of the provisions in which the reference occurs.
- (6) In this Scheme references to provisions of the Social Welfare (Consolidation) Act, 1993 shall be construed as respects matters arising before the coming into operation of that Act, as references to the corresponding provisions of the Social Welfare Acts 1952 to 1993 which were repealed and re-enacted in that Act.
PART II MEMBERS' PERSONAL SUPERANNUATION PROVISIONS
CHAPTER 1 Interpretation for the purposes of Part II
4 Interpretation.
4.
4. In this Part—
"approved job-sharing scheme" means a scheme or arrangements for the sharing of a wholetime office by two officers or a wholetime employment by two employees or two servants—
- (i) where, in relation to officers, employees or servants of a vocational education committee or school attendance committee, a job-sharing scheme has been approved by the Minister for Education and Science,
- (ii) where, in relation to officers, employees or servants of a health board or other health body, a job-sharing scheme has been approved by the Minister for Health and Children, and
- (iii) in any other case, where a job-sharing scheme has been approved by the Minister;
"eligible employee" means—
- (a) an employee of a local authority, not being a pensionable servant and not being a registered employee, who—
- (i) on the expiration of any local financial year, with effect from and including the local financial year ending on the 31st day of December, 1978, or
- (ii) during any local financial year, with effect from and including the local financial year ending on the 31st day of December, 1986,
has had in that local financial year one hundred and thirty or more service days in relation to the local authority or to that local authority and any other local authority, and who did not give notice in writing under article 29(2) or 30(1)(b) in the month of January, 1978, or in any subsequent month of January, that his or her name was not to be entered in or was to be removed from the register of pensionable servants maintained by a local authority under article 29, or
- (b) a person, who on or after the 1st day of June, 1978, becomes an employee of a local authority who, immediately before becoming such employee, was a pensionable officer or a registered officer of the same or another local authority, a registered employee of such local authority or the holder of a position not under a local authority service in which is capable of being reckoned under this Scheme;
"eligible officer" means—
- (a) a permanent officer whose appointment as such was made on or after the 1st day of June, 1978 and who, either—
- (i) devotes the whole of his or her time to the service of one or more than one local authority,
- (ii) is required to be a registered medical practitioner, or
- (iii) is sharing a wholetime office with one other officer under an approved job-sharing scheme, or
- (b) a person referred to in article 85(1) or (2), or
- (c) with effect from—
- (i) the date of his or her appointment or re-appointment following a break in service, being a date on or after the 2nd day of January, 1998, a temporary officer of a local authority within the meaning of paragraph (a) of the definition of "local authority" in section 1 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980), the whole of whose time is devoted to the service of one or more than one such local authority or who is sharing a wholetime office with one other officer under an approved job-sharing scheme, or
- (ii) the 1st day of January, 1998, a temporary officer of a local authority within the meaning of paragraph (a) of the definition of "local authority" in section 1 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980), the whole of whose time is devoted to the service of one or more than one such local authority or who is sharing a wholetime office with one other officer under an approved job-sharing scheme and who is serving as such an officer on such date,
subject to the following provisos—
- (I) that the provisions of this paragraph shall not apply to a person who has attained the age of sixty-five years on the date referred to in subparagraph (i) or (ii),
- (II) that a person who becomes an eligible officer by virtue of subparagraph (i) or (ii) shall cease to be an eligible officer on attaining the age of sixty-five years, and
- (III) that—
- (A) a person referred to in subparagraph (i) who has personal pension arrangements on the date of his or her appointment or re-appointment, as appropriate, may elect in writing to his or her employing local authority, not later than three months after such date, or
- (B) a person referred to in subparagraph (ii) who has personal pension arrangements on the 1st day of January, 1998, may elect in writing to his or her employing local authority, before the 31st day of March, 1998,
not to become an eligible officer, subject to the production by him or her to the local authority of documentary evidence of such personal pension arrangements and subject, also, to his or her right to revoke such election in writing and become an eligible officer with effect from any future date;
"fire brigade employee" or "fire brigade servant" means an employee or servant of a fire authority under the Fire Services Act, 1981 (No. 30 of 1981), who is wholetime as such and whose duties include attendance at fires;
"fire brigade officer" means an officer of a fire authority under the Fire Services Act, 1981 (No. 30 of 1981), who is wholetime as such and whose duties include attendance at fires;
"manager" means a manager as defined in section 2 of the Local Government Act, 1991 (No. 11 of 1991);
"mental hospital employee" or "mental hospital servant" means an employee or servant of a health board whose duties relate wholly to the functions of the board under the Mental Treatment Acts, 1945 to 1966 or the Health (Mental Services) Act, 1981 (No. 17 of 1981);
"mental hospital officer" means an officer of a health board whose duties relate wholly to the functions of the board under the Mental Treatment Acts, 1945 to 1966 or the Health (Mental Services) Act, 1981 (No. 17 of 1981);
"permanent officer" means an officer whose appointment was, at the time thereof, declared to be an appointment in a permanent capacity;
"registrable officer" means a permanent officer who—
- (a) devotes the whole of his or her time to the service of one or more than one local authority.
- (b) in the case of an officer who acts as superintendent registrar of births, deaths and marriages or as registrar of marriages, devotes the remainder of his or her time to the service of one or more than one local authority,
- (c) is required to be a registered medical practitioner,
- (d) is a midwife whose name is entered in the register by virtue of article 28, or
- (e) is sharing a wholetime office with one other officer under an approved job-sharing scheme;
"the relevant local authority" means,
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