S.I. No. 455/1998 - Local Government (Superannuation) (Consolidation) Scheme, 1998

154.

154. In the application of Part VII to this Chapter any period reckoned for which contributions were paid under article 148 shall be regarded as having been served with the local authority to which such contributions were paid.

155 Application of Chapter 3 of Part II.

155.

155. (a) Chapter 3 of Part II shall apply to a female person who pursuant to article 139(6) elects to have this Chapter applied to her notwithstanding the non-exercise by any such person of an option for the said Chapter 3 of Part II which she was entitled to exercise pursuant to article 107.

• (b) Chapter 3 of Part II shall apply to a female person to whom such Chapter applies solely by virtue of paragraph (a) as if she had exercised the option referred to under article 107.

CHAPTER 3 Provisions applicable to officers which were formerly contained in the Local Government Officers (Widows and Orphans Ex-Gratia Pension) Scheme, 1984.

156 Interpretation.

156.

156. (1) In this Chapter—

"child", subject to sub-article (2)(b), means,

• (a) (i) (A) in respect of the period beginning on the commencement of this Chapter and ending on the 31st day of August, 1984 — a legitimate child of the deceased or a person lawfully adopted by the deceased,

• (B) with effect from the 1st day of September, 1984 — a child of the deceased or a person lawfully adopted by the deceased, and

• (ii) with effect from the 1st day of January, 1979, a step-child of the deceased, who is

• (I) under sixteen years of age, or

• (II) under the age of twenty-one years or, with effect from the 1st day of January, 1997, twenty-two years and is receiving full-time instruction at any university, college, school or other educational establishment, or

• (III) under the age of twenty-one years or, with effect from the 1st day of January, 1997, twenty-two years and is undergoing full-time instruction or training by any person (in this Chapter referred to as "the employer") for any vocation, profession or trade, being instruction or training approved of by the Minister for the purposes of this Chapter, and

• (b) with effect from—

• (i) the 27th day of May, 1977 as respects a legitimate child of the deceased or a person lawfully adopted by the deceased,

• (ii) the 1st day of January, 1979 as respects a step-child of the deceased, or

• (iii) the 1st day of September, 1984 as respects a child of the deceased,

includes a legitimate child of the deceased, a person lawfully adopted by the decease , a step-child of the deceased or a child of the deceased, as appropriate, who is permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself and who when his or her permanent incapacity first occurred was under the age specified in clause (I), (II or (III), as appropriate, of paragraph (a) of this definition;

"children's pension" has the meaning assigned to it by article 158;

"death gratuity" means a death gratuity payable to the legal personal representative of a deceased pensionable officer under Chapter 2 of Part II or under any Act earlier than the Act of 1956 relating to superannuation as may have applied to him or under the Act of 1945 or under any earlier Act relating to superannuation as may have applied to him;

" the deceased" has the meaning assigned to it by article 158;

"the deceased's pension", subject to sub-article (3), means,

• (a) where, otherwise than on retirement because of permanent infirmity of mind or body, he was awarded a pension, such pension,

• (b) where he retired because of permanent infirmity of mind or body, and, having given at least five and less than ten years' reckonable service, was awarded a short service gratuity — with effect from the 27th day of May, 1977, the pension which would have been granted to him if he then had the service which he would have had if he had served to age 65,

• (c) where he died while serving as a pensionable officer having given at least five years' reckonable service, the pension which would have been granted to him if, on the date of death, he retired because of permanent infirmity of mind or body and then had the service which he would have had if he had served to age 65,

• (d) where he retired because of permanent infirmity of mind or body and was awarded a pension,

• (i) in respect of the period ending on the 26th day of May, 1977, such pension, and

• (ii) in respect of the period subsequent to the said 26th day of May, the pension which would have been granted to him if he then had the service which he would have had if he had served to age 65;

"pension" means an allowance payable to a pensionable officer under Chapter 2 of Part II or under any Act earlier than the Act of 1956 relating to superannuation as may have applied to him or her or under the Act of 1945 or under any earlier Act relating to superannuation as may have applied to him;

"pensionable local service" has the meaning assigned to it by article 10 in relation to a pensionable officer other than a pensionable officer described in paragraph (b)(i), (b)(ii), or (b)(iii) of the definition of "pensionable officer" in this Chapter; in relation to such a pensionable officer it shall mean service which is reckonable for the purposes of section 82 of the Act of 1945 together with, in the case of a registered mental hospital officer whose service for the purposes of the said section 82 is twenty-one or more completed years, the number of such completed years in excess of twenty;

"pensionable officer" has the meaning assigned to it by article 3 and, in addition, includes,

• (a) (i) an established officer for the purposes of the Act of 1948,

• (ii) a pensionable officer for the purposes of Part IV of the Act of 1925, and

• (iii) a person corresponding to a person referred to in subparagraph (i) or (ii) for the purposes of such Act passed before the Act of 1925 and relating to superannuation as may have applied to him,

• (b) (i) an officer to whom Part VIII of the Act of 1945 applied,

• (ii) an established officer for the purposes of the Act of 1909, and

• (iii) a person corresponding to a person referred to in subparagraph (i) or (ii) for the purposes of such Act passed before the Act of 1909 and relating to superannuation as may have applied to him;

"pensionable remuneration" means an amount by reference to which a pension is determined;

"reckonable service" has the same meaning as "pensionable local service" save that any increased period of pensionable local service under article 10(2) or (3) or in excess of twenty years under the definition of "pensionable local service" shall be disregarded;

"registered mental hospital officer" means a pensionable officer whose name at cesser of office was entered in a register maintained under section 65 of the Act of 1945 and includes a pensionable officer who at cesser of office was an officer of the first class for the purposes of the Act of 1909, or for the purposes of any earlier Act relating to superannuation as may have applied to him;

"service", other than in the expressions "pensionable local service" and "reckonable service", means the pensionable local service of a pensionable officer together with any period which may be added to his pensionable local service under article 11 or under any Act earlier than the Act of 1956 relating to superannuation as may have applied to him;

"short service gratuity" means a gratuity granted to a pensionable officer under article 17, or under section 27 of the Act of 1948, or under section 44(3) of the Act of 1925, or such a gratuity under any earlier Act relating to superannuation as may have applied to him and includes a lump sum under section 71 of the Act of 1945, a gratuity or special allowance under section 2(4) of the Act of 1909 r such a lump sum, gratuity or special allowance under any earlier Act relating to superannuation as may have applied to him;

"widow's pension" has the meaning assigned to it by article 158.

• (2)
• (a) Where, in relation to a person referred to in clause (II) or (III) of paragraph (a) of the definition of "child" in sub-article (1), a break occurs in his or her full-time instruction or training, then, he or she shall, for the duration of such break, be regarded as having ceased to be a child for the purposes of this Chapter.

• (b) The following shall not be regarded as a child within the meaning of this Chapter namely:

• (i) a person who was not wholly or mainly dependent on a pensionable officer to whom this Chapter applies immediately prior to the pensionable officer's death,

• (ii) a person who is married or is cohabiting with another as man and wife, or

• (iii) a person referred to in clause (III) of paragraph (a) of the said definition of "child" to whom, or in respect of whom, emoluments in respect of such instruction or training are payable by, or on behalf of, the employer and which are of such an amount in the opinion of the Minister, either generally, or in a particular case, as makes the person self-supporting,

provided that if there are compassionate grounds for so doing, the local authority may, subject to the direction of the Minister as respects any decision arising under this paragraph before the date of the making of this Scheme, decide, as respects a person who apart from this paragraph would be such a child, that notwithstanding this paragraph the person shall, with effect from such date as is specified in the decision, be regarded as being such a child and in case the local authority so decide under this paragraph then for so long as the decision is in force this Chapter shall, as regards the person to whom the decision relates, be construed and have effect accordingly.

• (3)
• (a) In determining "the deceased's pension" by reference to paragraph (b) or (d) of the definition of "the deceased's pension" account shall not be taken of any period of pensionable local service which an officer would have had from the date of his retirement if he had served to age 65 where any such period is reckoned under any other Scheme or Act for the provision of spouses' or children's pensions by a body service in which is capable of being reckoned under this Scheme.

• (b) In case a pensionable officer to whom his Chapter applies was awarded a pension based on fiftieths of pensionable remuneration, then in applying this Chapter in respect of him the mount of the deceased's pension shall be reduce by three-eighths.

• (c) In case a pensionable officer to whom his Chapter applies was awarded a pension base on sixtieths of pensionable remuneration, the in applying this Chapter in respect of him the mount of the deceased's pension shall be reduced by one-quarter.

• (d) Where, subsequent to the date on which a person ceases to be a pensionable officer the pension payable to him falls to be increased otherwise than in accordance with the Pensions (Increase) Act, 1964 (No. 10 of 1964), and regulations thereunder, or would, were he alive, fall to be so increased from a particular date, such increase shall be taken into account for the purpose of determining the deceased's pension in accordance with the definition of "the deceased's pension" in sub-article (1) from such date or from the date of commencement of payment of a widow's pension or children's pension in respect of him under this Chapter, whichever is the later.

• (4)
• (a) Any reference in this Chapter to an adopted child of the deceased shall be construed as a reference to a child adopted by him (whether alone or jointly with any other person) either in pursuance of an adoption order or in accordance with the law of a country or territory other than the State and recognised by the law of the State as valid, and references to lawfully adopted or to a person by whom another person has been adopted shall be construed accordingly.

• (b) Where a pensionable officer to whom this Chapter applies is married and applies,

• (i) in respect of the period beginning on the commencement of this Chapter and ending on the 31st day of August, 1984 -before the termination of his reckonable service,

• (ii) with effect from the 1st day of September, 1984 — at any time,

for an adoption order in respect of a child and dies before the adoption procedure is completed and the child is subsequently adopted by his widow, the child shall, from the date on which the pensionable officer has custody of him or her, be deemed, for the purposes of this Chapter, to be his duly adopted child.

157 Pensionable officers to whom this Chapter applies.

157.

157. This Chapter applies in respect of any male pensionable officer who, prior to the 23rd day of July, 1968,

• (a) retired on pension, or

• (b) retired because of permanent infirmity of mind or body and, having given at least five and less than ten years' reckonable service, was awarded a short service gratuity, or

• (c) died while he was a pensionable officer having given at least five years' reckonable service, and

• (i) who was, at the date of his death, giving reckonable service, or

• (ii) in respect of whom a death gratuity was awarded.

158 Power to grant widows' and children's pensions.

158.

158. (1) Subject to the provisions of this Chapter, where, before or after the commencement of this Chapter, a pensionable officer in respect of whom this Chapter applies has died (in this Chapter referred to as "the deceased"), and

• (a) a pension has been awarded to him, or

• (b) having given at least five years' reckonable service—

• (i) he has died while giving reckonable service, or

• (ii) a death gratuity has been awarded in respect of him, or

• (c) having retired because of permanent infirmity of mind or body and having given at least five and less than ten years' reckonable service a short service gratuity has been awarded to or in respect of him,

the local authority may grant in respect of his service—

• (d) where he leaves a widow, a pension to that widow (hereafter in this Chapter referred to as a "widow's pension"), and

• (e) (i) in respect of the period beginning on the commencement of this Chapter and ending on the 31st day of August, 1984 — where he had a wife at any time within the period of his reckonable service (whether or not the marriage continued until his death and whether or not a widow's pension is, or can be, granted) a pension for the children of the marriage, and, in the circumstances, specified in this Chapter, for other children of his (in this Chapter referred to as a "children's pension"),

• (ii) with effect from the 1st day of September, 1984 — where he leaves a child or children, a pension for such child or children (hereafter in this Chapter referred to as a "children's pension"),

provided that in respect of the period beginning on the commencement of this Chapter and ending on the 31st day of August, 1984 any marriage of the deceased which takes place after he has ceased to be a pensionable officer shall not be taken into account for the purposes of this Chapter, and accordingly any reference to a marriage, a wife, the widow or the children of the deceased shall be construed in accordance with the foregoing.

• (2) Subject to article 164, a pension granted under sub-article (1) shall commence with effect from the date of the deceased's death or the 1st day of October, 1969 or, as respects a person referred to in article 157(b), the 27th day of May, 1977, whichever is the later.

159 Widows' pensions.

159.

159. (1) A widow's pension shall not be granted or paid under this Chapter—

• (a) where the widow was at the time of the death of the deceased cohabiting with a man other than the deceased as man and wife, or

• (b) in respect of any time after the said death when the widow is remarried or is so cohabiting with any man.

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

• (a) a pension under this Chapter 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, is 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.

• (3)
• (a) A widow shall not be eligible for a widow's pension under this Chapter in respect of more than one pensionable officer; where a widow would, apart from this article, be eligible for a widow's pension in respect of two or more pensionable officers the widow shall be treated under this Chapter in the way which will give the most favourable result for the widow.

• (b) A widow shall not be eligible for a widow's pension under this Chapter where she is eligible for a more favourable widow's pension under Chapter 1, 2, 4, 5 or 6 of this Part.

• (4) Subject to sub-article (1) and to articles 158(2) and 164, a widow's pension may be paid for the whole of the period beginning on the death of the deceased and ending with the death of the widow.

• (5)
• (a) During the period beginning on the commencement of this Chapter and ending on the 30th day of June, 1977, the rate of a widow's pension may not exceed one-quarter of the rate of the deceased's pension.

• (b) During the period beginning on the 1st day of July, 1977 and ending on the 30th day of June, 1979, the rate of a widow's pension may not exceed one-third of the rate of the deceased's pension.

• (c) During the period beginning on the 1st day of July, 1979, and ending on the 31st day of December, 1985, the rate of a widow's pension may not exceed five-twelfths of the rate of the deceased's pension.

• (d) During the period beginning on the 1st day of January, 1986, and ending on the 31st day of December, 1986, the rate of a widow's pension may not exceed eleven twenty-fourths of the rate of the deceased's pension.

• (e) As on and from the 1st day of January, 1987 the rate of a widow's pension may not exceed one-half of the rate of the deceased's pension.

• (6) Notwithstanding the provisions of sub-article (5), where the deceased's pension was reduced by virtue of articles 13(1)(b) and 16 or sections 23(1)(b) and 26 of the Act of 1948, the Minister in his or her absolute discretion may, on application from the relevant local authority, direct that the widow's pension shall be calculated by reference to the deceased's pension as if it had not been so reduced.

160 Children's pensions, beneficiaries.

160.

160. (1) In respect of the period beginning on the commencement of this Chapter and ending on the 31st day of August, 1984, a children's pension may not be granted under this Chapter in respect of a child,

• (a) where the deceased remained unmarried during the period while he was a pensionable officer, or

• (b) where the child was born more than ten months after the deceased ceased to be a pensionable officer, or

• (c) where he or she is the adopted child of the deceased, and

• (i) the deceased remained unmarried during the period while he was a pensionable officer, or

• (ii) the child was adopted by the deceased after

• (I) the date of termination of the deceased's last marriage, or

• (II) the date on which the deceased ceased to be a pensionable officer, or

• (d) where he or she is the step-child of the deceased and the deceased's marriage to the child's mother took place after the deceased's last day of reckonable service.

• (2)
• (a) A child shall not be eligible for a children's pension under this Chapter in respect of more than one pensionable officer; where a child would, apart from this sub-article, be eligible for a children's pension in respect of two or more pensionable officers, the child shall be treated under this Chapter in the way which will give the most favourable result for the child.

• (b) A child shall not be eligible for a children's pension under this Chapter where he or she is eligible for a more favourable children's pension under Chapter 1, 2, 4, 5 or 6 of this Part.

161 Children's pensions, rate and mode of payment.

161.

161. (1) A children's pension under this Chapter shall be paid to the deceased's widow where the eligible children are in her care, and in case any child in respect of whom the pension is payable is not in her care, the part of he pension attributable to that child shall be paid either the child or to such other person as the relevant local authority may determine. Where children are in the care of several persons the children's pension shall be paid to those persons in such proportions as the local authority may determine.

• (2) A children's pension paid to any person shall be so paid for the benefit of the children for whom it is granted.

• (3) Subject to sub-article (6) and to articles 158(2) and 164, a children's pension may be paid in relation to the period or periods subsequent to the date of death of the deceased (or, if later, the date of birth of the child) during which the person remains a child within the meaning of this Chapter.

• (4) The rate of children's pension under this Chapter shall be as set out in the following Table.

TABLE

Rate of children's pension under this Chapter I

PART I

Where the deceased leaves no widow or, where he leaves a widow and the widow dies, the rate of children's pension under this Chapter shall be as follows:—

Period	Rate
From this commencement of this Chapter to the 26th day of May, 1977.	2/24ths of the deceased's pension for one child plus 1/24th for each additional child up to a fourth additional child.
From the 27th day of May, 1977 to the 30th day of June 1977.	4/24ths of the deceased's pension for one child plus 2/24ths for a second child.
From the 1st day of July, 1977 to the 30th day of December, 1979.	2/9ths of the deceased's pension for one child plus 1/9th for a second child.
From the 1st day of July, 1979 to the 31st day of December, 1985.	10/36ths of the deceased's pension for one child plus 5/36ths for a second child.
From the 1st day of January, 1986 to the 31st day of December, 1986.	11/36ths of the decease 's pension for one child plus 11/72ths for a second child.
From the 1st day of January, 1987.	1/3rd of the deceased pension for one child plus 1/6th for a second child.

PART II

Subject to article 161(5), where the deceased leaves a widow, the rate of children's pension under this Chapter shall be as follows:—

Period	Rate
From the commencement of this Chapter to the 26th day of May, 1977.	1/24th of the deceased's pension for one child plus 1/24th for each additional child up to a fifth additional child.
From the 27th day of May, 1977 to the 30th day of June, 1977	2/24ths of the deceased's pension for one child plus 2/24ths for each additional child up to a second additional child.
From the 1st day of July, 1977 to the 30th day of June, 1979.	1/9th of the deceased's pension for one child plus 1/9th for each additional child up to a second additional child.
From the 1st day of July, 1979 to the 31st day of December, 1985.	5/36ths of the deceased's pension for one child plus 5/36ths for each additional child up to a second additional child.
From the 1st day of January, 1986 to the 31st day of December, 1986.	11/72ths of the deceased's pension for one child plus 11/72ths for each additional child up to a second additional child.
From the 1st day of January, 1987.	1/6th of the deceased's pension for one child plus 1/6th for each additional child up to a second additional child.

• (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 of exceed,

• (i) during the period beginning on the commencement of this Chapter 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 provision of this article, where the deceased leaves a widow and widow's pension is granted to her under this Chapter, or, if one is so granted and it ceases to be paid before her death, no children's pension shall be payable under this Chapter 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.

162 Allocations under article 48 not to affect rights under this Chapter.

162.

162. The fact that article 48 (which enables the partial allocation of pensions to wives and dependants) applied to a pensionable officer to whom this Chapter applies shall not affect his rights under this Chapter and the pension payable under this Chapter in respect of the service of such a person shall be calculated as if any surrender under the said article 48 had not been made.

163 Provisions affecting article 49 and section 77 of the Act of 1948.

163.

163. A widow's or children's pension granted in respect of a man in respect of whom an allowance is payable under article 49 or under section 77 of the Act of 1948 shall be taken into account for the purpose of determining the amount of the said allowance under article 49 or section 77 and such allowance together with any widow's or children's pension shall not exceed five-sixths of the remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of the position in which he received the injury.

164 Payment of widows' and children's pensions.

164.

164. (1) (a) Subject to paragraph (b), where a widow's pension or a children's pension may be granted under this Chapter by reason only of provisions having effect from the 1st day of September, 1984, notwithstanding article 158, the pension shall not be payable from a date earlier than the 1st day of September, 1984.

• (b) Where a widow's pension or a children's pension is granted under paragraph (a) on foot of an application received by a local authority on or after the 1st day of March, 1986, notwithstanding article 158, the pension shall be payable from—

• (i) in any case where the application is received within six months from the date of the deceased's death, the date of the deceased's death,

• (ii) in any other case, the date of receipt of the application.

• (2) Where a widow's pension or a children's pension is granted under this Chapter, other than in circumstances referred to in sub-article (1), on foot of an application received by a local authority on or after the 10th day of December, 1987, notwithstanding article 158, the pension shall be payable from—

• (a) in any case where the application is received within six months from the date of the deceased's death, the date of the deceased's death,

• (b) in any other case, the date of receipt of the application.

165 Marriages of former male pensionable officers whose early death is to be foreseen.

165.

165. Where on or after the 1st day of September, 1984 a former male pensionable officer marries and—

• (a) he dies within the year beginning on the date of the marriage, and

• (b) there are no children born of the marriage, and

• (c) the local authority is of the opinion that his death within the year beginning with the date of the marriage was, at that date, to be foreseen by him or his wife,

for the purpose of this Chapter the marriage may be regarded by the local authority as not having takes place.

166 Giving of information.

166.

166. (1) A pensionable officer to whom this Chapter applies shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to him.

• (2) The widow of a deceased pensionable officer to whom this Chapter applies shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to her or any children of the deceased.

• (3) The legal personal representative of a deceased pensionable officer to whom this Chapter applies shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to the widow or any children of the deceased.

• (4) A person having the care of a child of a deceased pensionable officer to whom this Chapter applies shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to that child.

• (5) Payment of pension under this Chapter shall be subject to the making by the widow, or where a children's pension is not payable to the widow, the person having the care of the children in question, of such declaration as the local authority consider necessary, and a person to whom any such payment may be made shall not be entitled to receive such payment if he or she fails to make any such declaration.

167 Pensions to be inalienable.

167.

167. Every assignment of or charge on, and every agreement to assign or charge, a pension payable under this Chapter shall be void and on the bankruptcy of any person entitled to a pension the pension shall not pass to any trustee or other person acting on behalf of the creditors.

168 Application of certain provisions of Part VII and of the Act of 1945.

168.

168. (a) Part VII shall apply to this Chapter as respects pensionable officers to whom this Chapter applies, other than persons referred to in paragraph (b) of the definition of "pensionable officer" in article 156.

• (b) Sections 89(4), 90 and 92 of the Act of 1945 shall apply to this Chapter as respects pensionable officers to whom this Chapter applies referred to in paragraph (b) of the definition of "pensionable officer" in article 156.

CHAPTER 4 Provisions applicable to employees which were formerly contained in the Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984.

169 Interpretation.

169.

169. (1) In this Chapter—

"child", subject to sub-article (2)(b), means,

• (a) (i) (A) in respect of the period beginning on the commencement of this Chapter and ending on the 31st day of August, 1984 — a legitimate child of the deceased or a person lawfully adopted by the deceased,

• (B) with effect from the 1st day of September, 1984 — a child of the deceased or a person lawfully adopted by the deceased, and

• (ii) with effect from the 1st day of January, 1979, a step-child of the deceased, who is

• (I) under sixteen years of age, or

• (II) under the age of twenty-one years or, with effect from the 1st day of January, 1997, twenty-two years and is receiving full-time instruction at any university, college, school or other educational establishment, or

• (III) under the age of twenty-one years or, with effect from the 1st day of January, 1997, twenty-two years and is undergoing full-time instruction or training by any person (in this Chapter referred to as "the employer") for any vocation, profession or trade, being instruction or training approved of by the Minister for the purposes of this Chapter, and

• (b) with effect from—

• (i) the 1st day of January, 1979 as respects a step-child of the deceased, or

• (ii) the 1st day of September, 1984 as respects a child of the deceased,

includes a legitimate child of the deceased, a person lawfully adopted by the decease , a step-child of the deceased or a child of the deceased, as appropriate, who is permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself and who when his or her permanent incapacity first occurred was under the age specified in clause (I), (II) or (III), as appropriate, of paragraph (a) of this definition;

"children's pension" has the meaning assigned to it by article 171;

"death gratuity" means a death gratuity payable to the legal personal representative of a deceased pensionable servant under Chapter 2 of Part II or under any Act earlier than the Act of 1956 relating to superannuation as may have applied to him or under the Act of 1945 or under any earlier Act relating to superannuation as may have applied to him;

" the deceased" has the meaning assigned to it by article 171;

"the deceased's pension", subject to sub-article (3), means,

• (a) where, otherwise than on retirement because of permanent infirmity of mind or body, he was awarded a pension, such pension,

• (b) where he retired because of permanent infirmity of mind or body and was awarded a pension or, having given at least five and less than ten years' reckonable service, was awarded a short service gratuity, the pension which would have been granted to him if he then had the pensionable local service which he would have had if he had served to age 65,

• (c) where he died while serving as a pensionable servant having given at least five years' reckonable service, the pension which would have been granted to him if, on the date of death, he retired because of permanent infirmity of mind or body and then had the pensionable local service which he or she would have had if he had served to age 65;

"pension" means an allowance payable to a pensionable servant under Chapter 2 of Part II or under any Act earlier than the Act of 1956 relating to superannuation as may have applied to him or under the Act of 1945 or under any earlier Act relating to superannuation as may have applied to him;

"pensionable local service" has the meaning assigned to it by article 34 in relation to a pensionable servant other than a pensionable servant described in paragraph (b)(i), (b)(ii) or (b)(iii) of the definition of "pensionable servant" in this Chapter; in relation to such a pensionable servant it shall mean service which is reckonable for the purposes of section 82 of the Act of 1945 together with, in the case of a registered mental hospital servant whose service for the purposes of the said section 82 is twenty-one or more completed years, the number of such completed years in excess of twenty;

"pensionable servant" has the meaning assigned to it by article 3 and, in addition, includes,

• (a) (i) an established servant for the purposes of the Act of 1948,

• (ii) an employee as respects whom an allowance was payable under the provisions of the Act of 1925, by virtue of section 53 of that Act, and

• (iii) a person corresponding to a person referred to in subparagraph (i) or (ii) for he purposes of such Act passed before the Act of 1925 and relating to superannuation as may have applied to him,

• (b) (i) a servant to whom Part VIII of the Act of 1945 applied,

• (ii) an established servant for the purposes of the Act of 1909, and

• (iii) a person corresponding to a person deferred to in subparagraph (i) or (ii) for the purposes of such Act passed before the Act of 1909 and relating to superannuation as may have applied to him;

"pensionable remuneration" means an amount by reference to which a pension is determined;

"reckonable service" has the same meaning as "pensionable local service" save that any increased period of pensionable local service under article 34(2) or (3) or in excess of twenty years under the definition of "pensionable local service" shall be disregarded;

"registered mental hospital servant" means a pensionable servant whose name at cesser of employment was entered in a register maintained under section 65 of the Act of 1945 and includes a pensionable servant who at cesser of employment was a servant of the first class for the purpose of the Act of 1909, or for the purposes of any earlier Act relating to superannuation as may have applied to him;

"short service gratuity" means a gratuity granted to a pensionable servant under article 38, or under section 52 of the Act of 1948, or such a gratuity under any earlier Act relating to superannuation as may have applied to him and includes a lump sum under section 71 of the Act of 1945, a gratuity or special allowance under section 2(4) of the Act of 1909 or such a lump sum, gratuity or special allowance under any earlier Act relating to superannuation as may have applied to him;

"widow's pension" has the meaning assigned to it by article 171.

• (2)
• (a) Where, in relation to a person referred to in clause (II) or (III) of paragraph (a) of the definition of "child" in sub-article (1), a break occurs in his or her full-time instruction or training, then, he or she shall, for the duration of such break, be regarded as having ceased to be a child for the purposes of this Chapter.

• (b) The following shall not be regarded as a child within the meaning of this Chapter namely:

• (i) a person who was not wholly or mainly dependent on a pensionable servant to whom this Chapter applies immediately prior to the pensionable servant's death,

• (ii) a person who is married or is cohabiting with another as man and wife, or

• (iii) a person referred to in clause (III) of paragraph (a) of the said definition of "child" to whom, or in respect of whom, emoluments in respect of such instruction or training are payable by, or on behalf of, the employer and which are of such an amount in the opinion of the Minister, either generally, or in a particular case, as makes the person self-supporting,

provided that if there are compassionate grounds for so doing, the local authority may, subject to the direction of the Minister as respects any decision arising under this paragraph before the date of the making of this Scheme, decide, as respects a person who apart from this paragraph would be such a child, that notwithstanding this paragraph the person shall, with effect from such date as is specified in the decision, be regarded as being such a child and in case the local authority so decide under this paragraph then for so long as the decision is in force this Chapter shall, as regards the person to whom the decision relates, be construed and have effect accordingly.

• (3)
• (a) Where "the deceased's pension" is being determined by reference to paragraph (b) or (c) of the definition of "the deceased's pension", the pension in respect of that part of the pensionable local service which is pensionable local service which the deceased would have given on or after the 27th day of May, 1977 or which the deceased would have been credited with in respect of service given on or after the 27th day of May, 1977 shall, in the case of a pensionable servant who was fully insured, be calculated by reference to his net pensionable remuneration.

• (b) In determining "the deceased's pension" by reference to paragraph (b) of the definition of "the deceased's pension" account shall not be taken of any period of pensionable local service which an employee would have had from the date of his retirement if he had served to age 65 where any such period is reckoned under any other Scheme or Act for the provision of spouses' or children's pensions by a body service in which is capable of being reckoned under this Scheme.

• (c) In case a pensionable servant to whom this Chapter applies was awarded a pension based on fiftieths of pensionable remuneration, then in applying this Chapter in respect of him the mount of the deceased's pension shall be reduced by three-eighths.

• (d) In case a pensionable servant to whom this Chapter applies was awarded a pension based on sixtieths of pensionable remuneration, then in applying this Scheme in respect of him the amount of the deceased's pension shall be reduced by one-quarter.

• (e) Where, subsequent to the date on which a person ceases to be a pensionable servant, the pension payable to him falls to be increased otherwise than in accordance with the Pensions (Increase) Act, 1964 (No. 10 of 1964) and regulations thereunder, or would, were he alive, fall to be so increased from a particular date, such increase shall be taken into account for the purpose of determining the deceased's pension in accordance with the definition of "the deceased's pension" in sub-article (1) from such date or from the date of commencement of payment of a widow's pension or children's pension in respect of him under this Chapter, whichever is the later.

• (4)
• (a) Any reference in this Chapter to an adopted child of the deceased shall be construed as a reference to a child adopted by him (whether alone or jointly with any other person) either in pursuance of an adoption order or in accordance with the law of a country or territory other than the State and recognised by the law of the State as valid, and references to lawfully adopted or to a person by whom another person has been adopted shall be construed accordingly.

• (b) Where a pensionable servant to whom this Chapter applies is married and applies,

• (i) in respect of the period beginning on the commencement of this Chapter and ending on the 31st day of August, 1984 — before the termination of his reckonable service,

• (ii) with effect from the 1st day of September, 1984 — at any time,

for an adoption order in respect of a child and dies before the adoption procedure is completed and the child is subsequently adopted by his widow, the child shall, from the date on which the pensionable servant has custody of him or her, be deemed, for the purposes of this Chapter, to be his duly adopted child.

170 Pensionable servants to whom this Chapter applies.

170.

170. This Chapter applies in respect of any male pensionable servant who, prior to the 27th day of May, 1977,

• (a) retired on pension, or

• (b) retired because of permanent infirmity of mind or body and, having given at least five and less than ten years' reckonable service, was awarded a short service gratuity, or

• (c) died while he was a pensionable servant having given at least five years' reckonable service, and

• (i) who was, at the date of his death, giving reckonable service, or

• (ii) in respect of whom a death gratuity was awarded.

171 Power to grant widows' and children's pensions.

171.

171. (1) Subject to the provisions of this Chapter, where, before or after the commencement of this Chapter, a pensionable servant in respect of whom this Chapter applies has died (in this Chapter referred to as "the deceased"), and

• (a) a pension has been awarded to him, or

• (b) having given at least five years' reckonable service—

• (i) he has died while giving reckonable service, or

• (ii) a death gratuity has been awarded in respect of him, or

• (c) having retired because of permanent infirmity of mind or body and having given at least five and less than ten years' reckonable service a short service gratuity has been awarded to or in respect of him,

the local authority may grant in respect of his pensionable local service—

• (d) where he leaves a widow, a pension to that widow (hereafter in this Chapter referred to as a "widow's pension"), and

• (e) (i) in respect of the period beginning on the commencement of this Chapter and ending on the 31st day of August, 1984 — where he had a wife at any time within the period of his reckonable service (whether or not the marriage continued until his death and whether or not a widow's pension is, or can be, granted) a pension for the children of the marriage, and, in the circumstances specified in this Chapter, for other children of his (in this Chapter referred to as a "children's pension"),

• (ii) with effect from the 1st day of September, 1984 — where he leaves a child or children, a pension for such child or children (hereafter in this Chapter referred to as a "children's pension"),

provided that in respect of the period beginning on the commencement of this Chapter and ending on the 31st day of August, 1984 any marriage of the deceased which takes place after he has ceased to be a pensionable servant shall not be taken into account for the purposes of this Chapter, and accordingly any reference to a marriage, a wife, the widow or the children of the deceased shall be construed in accordance with the foregoing.

• (2) Subject to article 177, a pension granted under sub-article (1) shall commence with effect from the date of the deceased's death or the 27th day of May, 1977, whichever is the later.

172 Widows pensions.

172.

172. (1) A widow's pension shall not be granted or paid under this Chapter—

• (a) where the widow was at the time of the death of the deceased cohabiting with a man other than the deceased as man and wife, or

• (b) in respect of any time after the said death when the widow is remarried or is so cohabiting with any man.

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

• (a) a pension under this Chapter 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, is 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.

• (3)
• (a) A widow shall not be eligible for a widow's pension under this Chapter in respect of more than one pensionable servant; where a widow would, apart from this article, be eligible for a widow's pension in respect of two or more pensionable servants the widow shall be treated under this Chapter in the way which will give the most favourable result for the widow.

• (b) A widow shall not be eligible for a widow's pension under this Chapter where she is eligible for a more favourable widow's pension under Chapter 1, 2, 3, 5 or 6 of this Part.

• (4) Subject to sub-article (1) and to articles 171(2) and 177, a widow's pension may be paid for the whole of the period beginning on the death of the deceased and ending with the death of the widow.

• (5)
• (a) During the period beginning on the commencement of this Chapter and ending on the 30th day of June, 1977, the rate of a widow's pension may not exceed one-quarter of the rate of the deceased's pension.

• (b) During the period beginning on the 1st day of July, 1977 and ending on the 30th day of June, 1979, the rate of a widow's pension may not exceed one-third of the rate of the deceased's pension.

• (c) During the period beginning on the 1st day of July, 1979, and ending on the 31st day of December, 1985, the rate of a widow's pension may not exceed five-twelfths of the rate of the deceased's pension.

• (d) During the period beginning on the 1st day of January, 1986, and ending on the 31st day of December, 1986, the rate of a widow's pension may not exceed eleven twenty-fourths of the rate of the deceased's pension.

• (e) As on and from the 1st day of January, 1987, the rate of a widow's pension may not exceed one-half of the rate of the deceased's pension.

• (6) Notwithstanding the provisions of sub-article (5), where the deceased's pension was reduced by virtue of articles 35(1)(b) and 37 or sections 49(1)(b) and 51 of the Act of 1948, the Minister in his or her absolute discretion may, on application from the relevant local authority, direct that the widow's pension shall be calculated by reference to the deceased's pension as if it had not been so reduced.

173 Children's pensions; beneficiaries.

173.

173. (1) In respect of the period beginning on the commencement of this Chapter and ending on the 31st day of August, 1984 a children's pension may not be granted under this Chapter in respect of a child,

• (a) where the deceased remained unmarried during the period while he was a pensionable servant, or

• (b) where the child was born more than ten months after the deceased ceased to be a pensionable servant, or

• (c) where he or she is the adopted child of the deceased, and

• (i) the deceased remained unmarried during the period while he was a pensionable servant, or

• (ii) the child was adopted by the deceased after

• (I) the date of termination of the deceased's last marriage, or

• (II) the date on which the deceased ceased to be a pensionable servant, or

• (d) where he or she is the step-child of the deceased and the deceased's marriage to the child's mother took place after the deceased's last day of reckonable service.

• (2)
• (a) A child shall not be eligible for a children's pension under this Chapter in respect of more than one pensionable servant; where a child would, apart from this sub-article, be eligible for a children's pension in respect of two or more pensionable servants, the child shall be treated under this Chapter in the way which will give the most favourable result for the child.

• (b) A child shall not be eligible for a children's pension under this Chapter where he or she is eligible for a more favourable children's pension under Chapter 1, 2, 3, 5 or 6 of this Part.

174 Children's pensions; rate and mode of payment.

174.

174. (1) A children's pension under this Chapter shall be paid to the deceased's widow where the eligible children are in her care, and in case any child in respect of whom the pension is not in her care, the part of the pension attributable to that child shall be paid either to the child or to such other person as the relevant local authority may determine. Where children are in the care of several persons the children's pension shall be paid to those persons in such proportions as the local authority may determine.

• (2) A children's pension paid to any person shall be so paid for the benefit of the children for whom it is granted.

• (3) Subject to sub-article (6) and to articles 171(2) and 177, a children's pension may be paid in relation to the period or periods subsequent to the date of death of the deceased (or, if later, the date of birth of the child) during which the person remains a child within the meaning of this Chapter.

• (4) The rate of children's pension under this Chapter shall be as set out in the following Table.

TABLE

Rate of children's pension under this Chapter

PART I

Where the deceased leaves no widow or, where he leaves a widow and the widow dies, the rate of children's pension under this Chapter shall be as follows:—

Period	Rate
From the commencement of this Chapter to the 30th day of June, 1977.	4/24ths of the deceased's pension for one child plus 2/24ths for a second child.
From the 1st day of July, 1977 to the 30th day of June, 1979.	2/9ths of the deceased's pension for one child plus 1/9th for a second child.
From the 1st day of July, 1979 to the 31st day of December, 1985.	10/36ths of the deceased's pension for one child plus 5/36ths for a second child.
From the 1st day of January, 1986 to the 31st day of December, 1986.	11/36ths of the deceased's pension for one child plus 11/72ths for a second child.
From the 1st day of January, 1987.	1/3rd of the deceased's pension for one child plus 1/6th for a second child.

PART II

Subject to article 174(5), where the deceased leaves a widow, the rate of children's pension under this Chapter shall be as follows: —

Period	Rate
From the commencement of this Chapter to the 30th day of June, 1977.	2/24ths of the deceased's pension for one child plus 2/24ths for each additional child up to a second additional child
From the 1st day of July, 1977 to the 30th day of June, 1979.	1/9th of the deceased's pension for one child plus 1/9th for each additional child up to a second additional child.
From the 1st day of July, 1979 to the 31st day of December, 1985.	5/36ths of the deceased's pension for one child plus 5/36ths for each additional child up to a second additional child.
From the 1st day of January, 1986 to the 31st day of December, 1986.	11/72ths of the deceased's pension for one child plus 11/72ths for each additional child up to a second additional child.
From the 1st day of January, 1987.	1/6th of the deceased's pension for one child plus 1/6th for each additional child up to a second additional child.

• (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 decision 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 Chapter 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 Chapter, or, if one is so granted and it ceases to be paid before her death, no children's pension shall be payable under this Chapter 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.

175 Allocations under article 48 not to affect rights under this Chapter.

175.

175. The fact that article 48 (which enables the partial allocation of pensions to wives and dependants) applied to a pensionable servant to whom this Chapter applies shall not affect his rights under this Chapter and the pension payable under this Chapter in respect of the service of such a person shall be calculated as if any surrender under the said article 48 had not been made.

176 Provisions affecting article 49 and section 77 of the Act of 1948.

176.

176. A widow's or children's pension granted in respect of a man in respect of whom an allowance is payable under article 49 or under section 77 of the Act of 1948 shall be taken into account for the purpose of determining the amount of the said allowance under article 49 or section 77 and such allowance together with any widow's or children's pension shall not exceed five-sixths of the remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of the position in which he received the injury.

177 Payment of widow's and children's pensions.

177.

177. (1) (a) Subject to paragraph (b), where a widow's pension or a children's pension may be granted under this Chapter by reason only of provisions having effect from the 1st day of September, 1984, notwithstanding article 171, the pension shall not be payable from a date earlier than the 1st day of September, 1984.

• (b) Where a widow's pension or a children's pension is granted under paragraph (a) on foot of an application received by a local authority on or after the 1st day of March, 1986, notwithstanding article 171, the pension shall be payable from—

• (i) in any case where the application is received within six months from the date of the deceased's death, the date of the deceased's death,

• (ii) in any other case, the date of receipt of the application.

• (2) Where a widow's pension or a children's pension is granted under this Chapter, other than in circumstances referred to in sub-article (1), on foot of an application received by a local authority on or after the 10th day of December, 1987, notwithstanding article 171, the pension shall be payable from—

• (a) in any case where the application is received within six months from the date of the deceased's death, the date of the deceased's death,

• (b) in any other case, the date of receipt of the application.

178 Marriage of former male pensionable servants whose early death is to be foreseen.

178.

178. Where on or after the 1st day of September, 1984 a former male pensionable servant marries and—

• (a) he dies within the year beginning on the date of the marriage, and

• (b) there are no children of the marriage, and

• (c) the local authority is of the opinion that his death within the year beginning with the date of the marriage was, at that date, to be foreseen by him or his wife,

for the purpose of this Chapter the marriage may be regarded by the local authority as not having taken place.

179 Giving of information.

179.

179. (1) A pensionable servant to whom this Chapter applies shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to him.

• (2) The widow of a deceased pensionable servant to whom this Chapter applies shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to her or any children of the deceased.

• (3) The legal personal representative of a deceased pensionable servant to whom this Chapter applies shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to the widow or any children of the deceased.

• (4) A person having the care of a child of a deceased pensionable servant to whom this Chapter applies shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to that child.

• (5) Payment of pension under this Chapter shall be subject to the making by the widow, or where a children's pension is not payable to the widow, the person having the care of the children in question, of such declaration as the local authority consider necessary, and a person to whom any such payment may be made shall not be entitled to receive such payment if he or she fails to make any such declaration.

180 Pensions to be inalienable.

180.

180. Every assignment of or charge on, and every agreement to assign or charge, a pension payable under this Chapter shall be void and on the bankruptcy of any person entitled to a pension the pension shall not pass to any trustee or other person acting on behalf of the creditors.

181 Application of certain provisions of Part VII and of the Act of 1945.

181.

181. (a) Part VII shall apply to this Chapter as respects pensionable servants to whom this Chapter applies, other than persons referred to in paragraph (b) of the definition of "pensionable servant" in article 169.

• (b) Sections 89(4), 90 and 92 of the Act of 1945 shall apply to this Chapter as respects pensionable servants to whom this Chapter applies referred to in paragraph (b) of the definition of "pensionable servant" in article 169.

CHAPTER 5 Provisions applicable to officers which were formerly contained in the Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986.

182 Interpretation.

182.

182. (1) In this Chapter—

"child", subject to sub-article (2)(b), means,

• (a) a child of the deceased, a person lawfully adopted by the deceased or a step-child of the deceased, who is—

• (i) under sixteen years of age, or

• (ii) under the age of twenty-one years or, with effect from the 1st day of January, 1997, twenty-two years and is receiving full-time instruction at any university, college, school or other educational establishment, or

• (iii) under the age of twenty-one years or, with effect from the 1st day of January, 1997, twenty-two years and is undergoing full-time instruction or training by any person (in this Chapter referred to as "the employer") for any vocation, profession or trade, being instruction or training approved of by the Minister for the purposes of this Chapter, and

• (b) includes a child of the deceased, a person lawfully adopted by the deceased or a step-child of the deceased, as appropriate, who is permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself and who when his or her permanent incapacity first occurred was under the age specified in subparagraph (i), (ii) or (iii), as appropriate, of paragraph (a) of this definition;

"children's pension" has the meaning assigned to it by article 184;

"contributing member" means a member who is serving as a registered officer of a local authority;

"contributory widow(er)'s pension" means the Contributory Widow's or Widower's Pension payable under the Social Welfare Acts;

"the deceased" has the meaning assigned to it by article 184;

"the deceased's pension", subject to sub-article (3), means,

• (a) where, otherwise than on retirement because of permanent infirmity of mind or body, he or she was awarded a pension,

• (i) in relation to a member who was not fully insured, the amount of such pension, and

• (ii) in relation to a member who was fully insured—

• (I) in the case of a person who was a registered (temporary appointment before 6 April 1995) officer, the amount of such pension, and

• (II) in any other case, the pension which would have been granted to him or her if it had been calculated by reference to net pensionable remuneration (Spouses' and Children's Pension Provisions) instead of net pensionable remuneration (Members' Personal Superannuation Provisions),

• (b) where, on retirement because of permanent infirmity of mind or body, he or she is awarded a pension, the pension which would have been granted to him or her if it fell to be calculated by reference to—

• (i) in relation to a member who was not fully insured, the service which he or she would have had if he or she served to age 65, and

• (ii) in relation to a member who was fully insured—

• (I) in the case of a person who was a registered (temporary appointment before 6 April 1995) officer, the service which he or she would have had if he or she served to age 65, and

• (II) in any other case, net pensionable remuneration (Spouses' and Children's Pension Provisions) instead of net pensionable remuneration (Members' Personal Superannuation Provisions) and the service which he or she would have had if he or she served to age 65,

• (c) where he or she dies while serving as a pensionable officer or a registered officer of a local authority, the pension for which he or she would be eligible if paragraph (b) of this definition applied to him or her,

• (d) where a preserved pension was in payment to the deceased,

• (i) in relation to a member who was not fully insured, such pension, and

• (ii) in relation to a member who was fully insured—

• (I) in the case of a person who was a registered (temporary appointment before 6 April 1995) officer, the amount of such pension, and

• (II) in any other case, the preserved pension which would have been granted to him or her if it had been calculated by reference to net pensionable remuneration (Spouses' and Children's Pension Provisions) instead of net pensionable remuneration (Members' Personal Superannuation Provisions),

• (e) where, having resigned with entitlement to a preserved pension, the deceased dies before attaining sixty years of age or before applying for the preserved pension,

• (i) in relation to a member who was not fully insured, the preserved pension which would be granted to him or her if he or she had then reached his or her sixtieth birthday and had applied for the preserved pension, and

• (ii) in relation to a member who was fully insured—

• (I) in the case of a person who was a registered (temporary appointment before 6 April 1995) officer, the preserved pension which would be granted to him or her if he or she had then reached his or her sixtieth birthday and had applied for the preserved pension, and

• (II) in any other case, the preserved pension which would be granted to him or her if it had been calculated by reference to net pensionable remuneration (Spouses' and Children's Pension Provisions) instead of net pensionable remuneration (Members' Personal Superannuation Provisions) and he or she had then reached his or her sixtieth birthday and had applied for the preserved pension,

• (f) in relation to a pensionable officer referred to in articles 202, 203 and 204, where on retirement because of permanent infirmity of mind or body, having given at least five and less than ten years' reckonable service, he or she is awarded a short service gratuity, the pension which would have been granted to him or her if he or she then had the service which he or she would have had if he or she had served to age 65,

subject to the proviso that any supplementary allowance which he or she was awarded by virtue of article 71(3) or any supplementary preserved pension which he or she was awarded by virtue of article 77(5)(c) shall not be taken into account for the purposes of this Chapter;

"former member" means a person who retired from a local authority with a prospective entitlement under this Chapter, or under Chapter 1, 2, 3, 4 or 6 of this Part;

"member", subject to articles 202, 203 and 204, means a person to whom, pursuant to article 183, this Chapter applies;

"net pensionable remuneration (Spouses' and Children's Pension Provisions) means the amount by which pensionable remuneration exceeds the annual equivalent of the personal weekly rate of old age contributory pension on the date of cesser of office;

"periodic contributions" has the meaning assigned to it by article 188(3);

"reckonable service" has the same meaning as "pensionable local service" save that any increased period of pensionable local service under article 65(2) or (3) shall be disregarded;

"registered (temporary appointment before 6 April 1995) officer" means a registered officer who is a temporary wholetime officer of a local authority, who was appointed as such an officer before the 6th day of April, 1995 and who became a registered officer by virtue of paragraph (c)(ii) of the definition of "eligible officer" in article 4, and whose service from the said 6th day of April, 1995 to the date of cesser of office is continuous;