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

"service", other than in the expressions "pensionable local service" and "reckonable service", means a member's pensionable local service together with any period added to his or her pensionable local service under article 66 or, where appropriate, which would have been added to his or her pensionable local service if he or she had served to age 65;

"Social Welfare Acts" means the Social Welfare Acts, 1993 to 1998, including any enactment which amends or extends any or all of those Acts and any regulation, warrant or order made thereunder;

"spouse's pension" has the meaning assigned to it by article 184.

• (2)
• (a) Where, in relation to a person referred to in subparagraph (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 member immediately prior to the member's death,

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

• (iii) a person referred to in subparagraph (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 (f) 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 or her retirement if he or she 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) Contributions paid by an officer in respect of a period referred to in paragraph (a) shall be returned by the local authority to his or her legal personal representative.

• (c) Where, subsequent to the date on which a member ceases to be a contributing member, the pension payable to him or her 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 or she 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 spouse's pension or children's pension in respect of him or her under this Chapter, whichever is the later.

• (4)
• (a) Any reference in this Chapter to an adopted child of a member shall be construed as a reference to a child adopted by him or her (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 member or former member who is married applies 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 or her spouse, the child shall, from the date on which the member or former member has custody of him or her, be deemed, for the purposes of this Chapter, to be the member's or former member's duly adopted child.

183 Members.

183.

183. (1) Subject to sub-article (4), this Chapter applies to a person, other than a person referred to in article 85(1)(a)(ii), who became or becomes a registered officer on or after the 1st day of January, 1986, with effect from the date of becoming so registered.

• (2)
• (a) Subject to sub-article (4)(b), this Chapter applies to a person who, having been a registered officer at any time between the 1st day of September, 1984 and the 31st day of December, 1985, elected in writing during that period to have this Chapter applied to him or her, with effect from the 1st day of September, 1984 or the date he or she became a registered officer, whichever is the later.

• (b) Paragraph (a) shall apply, mutatis mutandis, to the spouse or legal personal representative of a person to whom that paragraph applies.

• (3)
• (a) Subject to sub-article (4)(b) and to article 200, this Chapter applies to a person who, having been a pensionable officer at any time between the 1st day of September, 1984 and the 31st day of December, 1985, elected in writing during that period to have this Chapter applied to him or her, with effect from the 1st day of September, 1984.

• (b) Paragraph (a) shall apply, mutatis mutandis, to the spouse or legal personal representative of a person to whom that paragraph applies.

• (4)
• (a) Notwithstanding the provisions of sub-article (1), Chapter 1 of this Part will apply to any person referred to therein who is in the religious life and who is bound by a vow of celibacy subject to the proviso that should he or she leave the religious life (or cease to be so bound) but continue to be a registered officer, this Chapter will thereupon apply to him or her.

• (b) Notwithstanding the provisions of sub-articles (2) and (3), an election in writing referred to therein will not apply to any person who is in the religious life and who is bound by a vow of celibacy subject to the proviso that should he or she leave the religious life (or cease to be so bound) but continue to be a pensionable officer or a registered officer, this Chapter and, in relation to a pensionable officer, Chapter 3 of Part II will thereupon apply to him or her.

• (5) This Chapter shall cease to apply to a person who ceases to be a registered officer.

184 Power to grant spouses' and children's pensions.

184.

184. (1) Subject to sub-article (2) and to articles 202, 203, and 204, a local authority shall, on the death of a contributing or former member (in this Chapter referred to as "the deceased") to whom or in respect of whom a pension, death gratuity, preserved pension or preserved death gratuity has been, or is, awarded, grant in respect of him or her—

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

• (b) where he or she leaves a child or children, a pension for such child or children (in this Chapter referred to as a "children's pension").

• (2) A spouse's or children's pension shall not be granted in respect of an officer who died while he or she was a contributing member unless the local authority are satisfied that he or she would, regard being had to article 69(1)(b), have been granted a pension had he or she retired on the date he or she died and then had the service which he or she would have had if he or she had served to age 65.

185 Spouses' pensions.

185.

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

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

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

• (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 spouse of a member, 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 spouse shall not be eligible for a spouse's pension under this Chapter in respect of more than one member; where a spouse would, apart from this article, be eligible for a spouse's pension in respect of two or more members the spouse shall be treated under this Chapter in the way which will give the most favourable result for the spouse.

• (b) A spouse shall not be eligible for a spouse's pension under this Chapter where the spouse is eligible for a more favourable spouse's pension under Chapter l, 2, 3, 4 or 6 of this Part or under a spouses' and children's pension scheme reciprocal generally with this Chapter where service with the body in question is capable of being reckoned under this Scheme.

• (4) Subject to sub-article (1), a spouse'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 spouse.

• (5)
• (a) The rate of a spouse's pension shall be one-half of the rate of the deceased's pension and where the deceased's pension was reduced by virtue of articles 69(1)(b) and 72, of the deceased's pension as if it had not been so reduced.

• (b) (i) In the case of the death of a contributing or former member who was fully insured, the local authority may, with effect from a date which is not earlier than the 6th day of April, 1995, pay to his or her spouse a supplementary pension, the amount of which shall not exceed the difference between—

• (I) the rate of spouse's pension resulting from the calculation at sub-article (5)(a) together with the personal rate of contributory widow(er)'s pension, if any, payable to the spouse, and

• (II) the rate of spouse's pension which would have resulted from the calculation at sub-article (5)(a) if the member had not been fully insured.

• (ii) The supplementary pension shall be payable in respect of any period or periods during which the spouse—

• (I) fails to qualify for contributory widow(er)'s pension where such failure is due to causes outside his or her own control, or

• (II) qualifies for contributory widow(er)'s pension at less than the maximum personal rate due to causes outside his or her own control.

• (6) Notwithstanding sub-article (5), on the death of a contributing member or former member, other than a former member who qualifies for a preserved pension, the rate of a spouse's pension may, in respect of the first month after his or her death, be increased—

• (a) in case he or she dies while a contributing member, to one-twelfth of his or her pensionable remuneration,

• (b) in case he or she dies after being granted a pension—

• (i) in relation to a member who was not fully insured or who was a registered (temporary appointment before 6 April 1995) officer, where the rate of pension payable to him or her on the date of his or her death is greater than the rate of spouse's pension otherwise payable under this Chapter, to one-twelfth of the said rate of pension,

• (ii) in relation to a member who was fully insured, other than a registered (temporary appointment before 6 April 1995) officer, where the rate of pension payable to him or her on the date of his or her death, if it had been calculated on the basis of net pensionable remuneration (Spouses' and Children's Pension Provisions) instead of net pensionable remuneration (Members' Personal Superannuation Provisions), is greater than the rate of spouse's pension otherwise payable under this Scheme, to one twelfth of the said rate of pension,

• (c) in case he or she dies while on sick leave at pension rate of pay and that rate is greater than the rate of spouse's pension otherwise payable under this Chapter, to one-twelfth of the said pension rate of pay,

provided that the rate as so increased shall be reduced by the rate of any children's pensions payable under this Chapter and provided also that the amount payable to the spouse under this Chapter in respect of the period of one month commencing on the day immediately following that of the deceased's death may be paid at any time on or after the first day of the said period.

186 Children's pensions; beneficiaries.

186.

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

• (2) 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, 4 or 6 of this Part.

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

187.

187. (1) A children's pension under this Chapter shall be paid to the relevant member's spouse where the eligible children are in the spouse's care, and in case any child in respect of whom the pension is payable is not in the spouse's 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 article 184(2), 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,

• (a) where the deceased leaves no spouse or, where he or she leaves a spouse and the spouse dies, four-twelfths of the deceased's pension where there is one child, or six-twelfths where there are two or more children,

• (b) subject to sub-article (5), where the deceased's spouse is surviving, two-twelfths of the deceased's pension multiplied by the number of children not exceeding three.

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

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

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

188 Periodic contributions.

188.

188. (1) (a) Subject to article 201, a member, being a registered officer of a local authority, other than a registered (temporary appointment before 6 April 1995) officer, shall, with effect from the 1st day of September, 1984, or the date of becoming a member, if later, contribute to such local authority at the rate of one and one-half per cent. of his or her annual rate of salary and the annual value of his or her emoluments, subject to the proviso that there shall be no contributions in respect of a period in respect of which he or she had neither salary nor emoluments.

• (b) Subject to article 201, a member, being a registered (temporary appointment before 6 April 1995) officer of a local authority, shall, with effect from the 1st day of January, 1998, contribute to such local authority at the rate of one and one-half per cent. of the amount by which his or her annual rate of salary and the annual value of his or her emoluments, taken together, exceed—

• (I) as respects a person who is sharing a wholetime office with one other officer under an approved job-sharing scheme — the annual equivalent of the personal weekly rate of old age contributory pension,

• (II) in any other case — twice the annual equivalent of the personal weekly rate of old age contributory pension,

subject to the proviso that there shall be no contributions in respect of a period in respect of which he or she had neither salary nor emoluments.

• (2) The contribution referred to in sub-article (1) shall be paid at such times and in such manner as the relevant local authority may determine until he or she ceases to be a contributing member.

• (3) Contributions payable under this article are in this Chapter referred to as "periodic contributions".

• (4) Periodic contributions shall not be payable under this Chapter by a member for any period which does not constitute pensionable local service.

• (5) The provisions of article 80(4) shall apply to contributions paid under this article as if they were contributions paid under the said article 80.

189 Return of contributions.

189.

189. (1) Where a member,

• (a) ceases to be a contributing member otherwise than by reason of death, is not eligible for the grant of a pension and lump sum, or a preserved pension and preserved lump sum, and he or she does not accept any other position service in which is capable of being reckoned under this Scheme, or,

• (b) if he or she does so accept such a position or subsequent such positions and either a spouses' and children's pension scheme reciprocal generally with this Chapter does not apply to him or her or where such a scheme does apply to him or her but he or she dies with less than the minimum service to qualify for benefit thereunder or he or she ceases to hold such a position in corresponding circumstances to those which applied to the cesser of his or her contributing membership with the local authority and does not accept any other position service in which is capable of being reckoned under this Scheme where a spouses' and children's pension scheme reciprocal generally with this Chapter applies to him or her,

then the local authority with which he or she was in employment before such cesser shall return to him or her, or to his or her legal personal representative, the aggregate amount of the contributions which he or she paid under articles 188 and 192(5) together with corresponding contributions, if any, which he or she paid in respect of service which is capable of being reckoned under this Scheme, and which have not otherwise been returned.

• (2) In any case other than a case mentioned in sub-article (1), the local authority shall return to a member on his or her ceasing to be a contributing member, or if his or her membership ceases due to death, to his or her legal personal representative, such part of his or her initial and immediately subsequent contributions, as is necessary to secure that the period in respect of which contributions are paid by him or her, without being returned, does not exceed forty years.

• (3) Where any contributions are returned under this article they shall be returned without interest.

• (4) Where a local authority return contributions under this article and the amount returned includes a sum for contributions made by the officer in question in respect of service which is capable of being reckoned under this Scheme and held by any other body, that body shall, subject to article 280, recoup such sum to the local authority.

• (5) Where a body, service under which is capable of being reckoned under this Scheme, returns contributions made under this article and the amount returned includes a sum for contributions held by any local authority, that local authority shall, subject to article 280, recoup such sum to the body.

190 Repayment of contributions.

190.

190. (1) Where contributions are returned by a local authority to a person under article 189, and

• (a) this Chapter subsequently applies to him or her, or

• (b) he or she subsequently becomes a member of a scheme granting pension rights which are reciprocal generally with this Chapter being a person who is employed in a position service in which is capable of being reckoned under this Scheme,

he or she shall be entitled to repay such contributions to the local authority together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and if he or she does repay the said amount and any other body recouped any part of it, the local authority shall, subject to article 198, make the appropriate repayment to the other body.

• (2) The provisions of article 82(5) shall apply to contributions repaid under this article.

191 Former members becoming contributing members.

191.

191. (1) Where a former member becomes a contributing member within the meaning of this Chapter, any prospective entitlement to spouse's pension or children's pension under this Chapter in respect of his or her previous membership or under Chapter 1, 2, 3, 4 or 6 of this Part shall be disregarded.

• (2) Where this Chapter or Chapter 1, 2 or 6 of this Part had at any time previously applied to a person who becomes a contributing member within the meaning of this Chapter, and such person had paid periodic contributions under any of the said Chapters, the period in respect of which he or she paid such periodic contributions shall be excluded in determining the number of relevant years under article 192(10) where,

• (a) no return of contributions is, or was, made, or

• (b) such contributions, having been returned, are repaid in accordance with article 190.

• (3) Where a person to whom sub-article (1) applies became a former member by retiring on pension the contribution payable under article 192(2) at the termination of his or her final period of contributing membership shall be reduced by the amount of the contribution paid under that article or under article 128(2), 148(2) or 215(2) when he or she became a former member, no return of that contribution having been made.

192 Non-periodic contributions.

192.

192. (1) Subject to article 201, where a member was married at any time during the period during which this Part applied to him or her and he or she ceases to be a contributing member and such cesser is due to—

• (a) death, or

• (b) retirement on pension or resignation with entitlement to a preserved pension,

then, unless the number of relevant years is nil, a contribution under this article will be payable by way of reduction in the amount of a member's lump sum or death gratuity or preserved lump sum or preserved death gratuity, or in such other manner as the local authority may require.

• (2) A contribution under this article shall be equal to—

• (a) as respects a member other than a registered (temporary appointment before 6 April 1995) officer, one per cent. of his or her pensionable remuneration multiplied by the number of relevant years, and

• (b) as respects a registered (temporary appointment before 6 April 1995) officer, one per cent. of his or her net pensionable remuneration (Members' Personal Superannuation Provisions) multiplied by the number of relevant years,

subject to the proviso that where the contribution is being deducted by way of reduction in the amount of a member's lump sum, it shall be based on the pensionable remuneration, regard being had to article 84(7), by reference to which the lump sum is determined.

• (3) Where the contribution is being deducted from a preserved lump sum or preserved death gratuity, the contribution will be calculated by reference to the pensionable remuneration, as increased under the Pensions (Increase) Act, 1964 (No. 10 of 1964), if appropriate, on which the preserved lump sum or preserved death gratuity was based.

• (4) Where, subsequent to the date on which a member ceases to be a contributing member, the pension payable to him or her or to his or her spouse (but not the lump sum or death gratuity) falls to be increased otherwise than in accordance with the Pensions (Increase) Act, 1964 , and regulations thereunder, the local authority may adjust the amount of the contribution under this article to take account of the increase.

• (5) At the discretion of the local authority and subject to conditions specified by the Minister, a member may elect to pay to such local authority over a period specified by the Minister, additional contributions equal in each case to the amount of the periodic contributions payable in respect of that period or, as respects a person who is sharing a wholetime office with one other officer under an approved job-sharing scheme, twice such amount, and in case one or more such additional contributions are made, this article shall apply to the person by whom the contribution or contributions is or are made subject to the following modification, namely, in calculating what is the number of relevant years that number shall be reduced by the said specified period for every contribution made by the person under this sub-article.

• (6)
• (a) For the purposes of this Chapter any period by which the number of relevant years is reduced on account of payment of contributions under sub-article (5) shall be regarded as having been served with the local authority to which such contributions were paid.

• (b) The provisions of article 80(4) shall apply to contributions paid under sub-article (5).

• (7) Service in excess of forty years shall be disregarded for the purpose of this article.

• (8) Where a member to whom this article applies gave service otherwise than as a registered officer but which is capable of being reckoned under this Scheme, any portion of that service during which he or she paid periodic contributions under a scheme which is reciprocal generally with this Chapter may, provided those contributions were not returned to him or her, or, having been returned, are repaid by him or her, be excluded in determining the number of relevant years under this article.

• (9) Any reduction effected under this article in the amount of any lump sum shall be left out of account for the purposes of article 75, and, accordingly, the question whether any and, if so, what gratuity may be granted under the said article 75 shall be determined as if no such reduction as aforesaid had been or had to be made.

• (10) In this article "the number of relevant years" means—

• (a) in the case of a member who, being then married, ceases to be a contributing member,

• (i) where such cesser is caused otherwise than by death or retirement because of permanent infirmity of mind or body, the number of years of service which he or she then had,

• (ii) where such cesser is due to death or retirement because of permanent infirmity of mind or body, the number of years of service which he or she would have had if he or she had served to age 65,

reduced in each case by the number of years, if any, for which periodic contributions have been paid by him or her and are not returnable;

• (b) in the case of a member who, being then unmarried, ceases to be a contributing member,

• (i) where he or she is an officer to whom at cesser of office an addition to service is applicable pursuant to article 66(5) — the number of years of pensionable local service which he or she had on the date of termination of his or her last marriage before such cesser together with the part of the said addition to service as may be obtained by the formula A/B x C where—

A equals his or her pensionable local service at the date of the termination of the said marriage,

B equals his or her pensionable local service at the date of cesser of office,

C equals the addition applicable to his or her service at the date of cesser of office pursuant to article 66(5),

• (ii) in any other case — the number of years of pensionable local service which he or she had on the date of termination of his or her last marriage before such cesser,

reduced in each case by the number of years if any, for which periodic contributions have been paid by him or her and are not returnable.

193 Allocations under article 108 not to affect rights under this Chapter.

193.

193. The fact that article 108 (which enables the partial allocation of pensions to wives and dependants) applies to a member shall not affect his or her rights under this Chapter and the pension payable under this Chapter in respect of the service of a member shall be calculated as if any surrender under the said article 108 had not been made.

194 Provisions affecting article 109.

194.

194. A spouse's or children's pension granted in respect of a person in respect of whom an allowance is payable under article 109 shall be taken into account for the purposes of determining the amount of the said allowance under article 109 and such allowance together with any spouse'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 or she received the injury.

195 Marriages of members whose early death is to be foreseen.

195.

195. Where a member marries and—

• (a) he or she 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 or her death within the year beginning with the date of the marriage was, at that date, to be foreseen by him or her or his or her spouse,

for the purposes of this Chapter the marriage may be regarded by the local authority as not having taken place, and in case the marriage is so regarded all necessary adjustments (including, if need be, repayment to the local authority of sums paid in respect of pensions already granted under this Chapter and returns of contributions made under this Chapter) shall be made accordingly.

196 Giving of information.

196.

196. (1) A member shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to the member.

• (2) The spouse of a deceased member shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to him or her or any children of that member.

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

• (4) A person having the care of a child of a deceased member 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 spouse, or where a children's pension is not payable to the spouse, 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.

197 Pensions to be inalienable.

197.

197. 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.

198 Application of certain provisions of Part VII.

198.

198. In the application of Part VII to this Chapter any period reckoned for which contributions were paid under article 192 shall be regarded as having been served with the local authority to which such contributions were paid.

199 Non-application of certain provisions of Part II.

199.

199. Notwithstanding the giving of notice by a person as provided for in article 28(9), the provisions of article 28(10) shall not apply to a person to whom this Chapter applies.

200 Application of Chapter 3 of Part II.

200.

200. (a) Chapter 3 of Part II shall apply to a person who pursuant to article 183(3) elects to have this Chapter applied to him or her, notwithstanding the non-exercise by any such person of an option for the said Chapter 3 of Part II which he or she was entitled to exercise under article 85.

• (b) Chapter 3 of Part II shall apply to an officer to whom such Chapter applies solely by virtue of paragraph (a) as if he or she had exercised the option referred to under article 85.

201 Application of this Chapter to certain officers referred to in article 183(2) and (3).

201.

201. (1) The provisions of this Chapter, other than articles 188 and 192, shall apply in relation to a person referred to in article 183(2) or (3) who before the 31st day of December, 1985 died while serving as a pensionable officer or as a registered officer or ceased to hold office with the grant of a superannuation award, and in lieu of the contributions payable under the said articles 188 and 192, a contribution shall be payable under this article in such manner as may be determined by the Minister.

• (2) For the purposes of sub-article (1) "superannuation award" shall mean—

• (a) a lump sum and allowance under article 13 or 69, or a preserved pension and preserved lump sum under article 77,

• (b) a marriage gratuity under article 20 or 76,

• (c) a short service gratuity under article 17(2), or

• (d) a return of contributions under article 24(3) where the person had not less than five years' reckonable service.

• (3) The application of this Chapter to a person shall be conditional on the repayment of the superannuation award referred to in paragraph (b), (c) or (d) of sub-article (2), as appropriate, to the local authority before the 1st day of January, 1986.

202 Application of this Chapter to officers who ceased to hold office before 1 September, 1984 and who are alive on that date.

202.

202. (1) Subject to sub-article (2), and article 204, the provisions of this Chapter shall apply to a pensionable officer or a registered officer who ceased to hold office before the 1st day of September, 1984 with the grant of a superannuation award and who is alive on the said 1st day of September subject to the provisos that—

• (a) on the said 1st day of September he or she was either married or widowed,

• (b) (i) Chapter 1 of this Part applied to him or her, or

• (ii) he declined in writing to have Chapter 1 of this Part applied to him or she failed to exercise the election referred to in article 119(5)(a) or 119(6)(a), whichever is appropriate, and

• (c) an election in writing to have this Chapter applied to him or her is exercised by him or her or by his or her spouse or legal personal representative on or before the 31st day of December, 1985 or, in relation to a registered officer who was granted a preserved pension and preserved lump sum, at the time application is made for payment of the preserved pension and preserved lump sum or preserved death gratuity, as appropriate.

• (2)
• (a) The provisions of articles 188 and 192 shall not apply in relation to a person referred to in sub-article (1) and in lieu thereof a contribution shall be payable under this article in such manner as may be determined by the Minister.

• (b) The provisions of article 200 shall not apply in relation to a pensionable officer referred to in sub-article (1) and in case such a person was awarded or, regard being had to paragraph (f) of the definition of "the deceased's pension" in article 182, would have been awarded a pension based on sixtieths of pensionable remuneration, then in applying this Chapter the amount of the deceased's pension shall be reduced by one-quarter.

• (3) For the purposes of sub-article (1) "superannuation award" shall mean—

• (a) subject to article 28(9), a lump sum and allowance under article 13 or 69, or a preserved pension and preserved lump sum under article 77, or

• (b) a short service gratuity under article 17(2) where the officer ceased to hold office by reason of permanent infirmity of mind or body.

203 Application of this Chapter to spouses of officers who died before 1 September, 1984.

203.

203. (1) Subject to sub-article (2) and article 204, the provisions of this Chapter shall apply in respect of a pensionable officer or a registered officer who died before the 1st day of September, 1984 subject to the provisos that—

• (a) (i) he or she died while serving as a pensionable officer or a registered officer and he had declined in writing to have Chapter 1 of this Part applied to him or she had failed to exercise the election referred to in article 119(5)(a) or 119(6)(a), whichever is appropriate, or

• (ii) he or she died after having ceased to hold office with the grant of a superannuation award and either—

• (I) Chapter 1 of this Part had applied to him or her and he or she had married after the date he or she ceased to hold office, or

• (II) he had declined in writing to have Chapter 1 of this Part applied to him or she had failed to exercise the election referred to in article 119(5)(a) or 119(6)(a), whichever is appropriate, and married either before or after the date he or she ceased to hold office, and

• (b) an election in writing to have this Chapter applied to him or her is exercised by him or her or by his or her spouse or legal personal representative.

• (2)
• (a) The provisions of articles 188 and 192 shall not apply in relation to a person referred to in sub-article (1) and in lieu thereof a contribution shall be payable under this article in such manner as may be determined by the Minister.

• (b) The provisions of article 200 shall not apply in relation to a pensionable officer referred to in sub-article (1) and in case such a person was awarded or, regard being had to paragraph (f) of the definition of "the deceased's pension" in article 182, would have been awarded a pension based on sixtieths of pensionable remuneration, then in applying this Chapter the amount of the deceased's pension shall be reduced by one-quarter.

• (3) For the purposes of sub-article (1)(a)(ii) "superannuation award" shall mean—

• (a) subject to article 28(9), a lump sum and allowance under article 13 or 69, or a preserved pension and preserved lump sum under article 77, or

• (b) a short service gratuity under article 17(2) where the officer ceased to hold office by reason of permanent infirmity of mind or body.

204 Application of this Chapter to spouses of female officers who ceased to hold office before 10 January, 1984.

204.

204. (1) Subject to sub-article (2), the provisions of this Chapter shall apply in respect of a female pensionable officer or a female registered officer who, between the 23rd day of July, 1968 and the 9th day of January, 1984, either—

• (a) died while serving as a female pensionable officer or a female registered officer, or

• (b) ceased to hold office with the grant of a superannuation award and, as respects any such officer who is married and in receipt of an allowance on the 1st day of January, 1990, an election in writing to have this Chapter applied to her is exercised by her or her spouse or legal personal representative on or before the 30th day of June, 1990 or, in relation to a female registered officer who was granted a preserved pension and preserved lump sum, at the time application is made for payment of the preserved pension and preserved lump sum or preserved death gratuity, as appropriate.

• (2)
• (a) The provisions of articles 188 and 192 shall not apply in relation to a person referred to in sub-article (1) and in lieu thereof a contribution shall be payable under this article in such manner as may be determined by the Minister.

• (b) Where a female pensionable officer referred to in sub-article (1) was awarded or, regard being had to paragraph (f) of the definition of "the deceased's pension " in article 182, would have been awarded a pension based on sixtieths of pensionable remuneration, then in applying this Chapter the amount of the deceased's pension shall be reduced by one-quarter.

• (3) For the purposes of sub-article (1) "superannuation award" shall mean—

• (a) subject to article 28(9), a lump sum and allowance under article 13 or 69, or a preserved pension and preserved lump sum under article 77, or

• (b) a short service gratuity under article 17(2) where the officer ceased to hold office by reason of permanent infirmity of mind or body.

CHAPTER 6 Provisions applicable to employees which were formerly contained in the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986.

205 Interpretation.

205.

205. (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 207;

"contributing member" means a member who is serving as a registered employee 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 207;

"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 other than an established employee, the amount of such pension, and

• (II) in the case of an established employee, 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 other than an established employee, the service which he or she would have had if he or she served to age 65, and

• (II) in the case of an established employee, 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 servant or a registered employee 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 other than an established employee, the amount of such pension, and

• (II) in the case of an established employee, 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 other than an established employee, 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 the case of an established employee, 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 servant referred to in articles 224, 225 and 226, 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 pensionable local 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 95(3) or any supplementary preserved pension which he or she was awarded by virtue of article 101(5)(c) shall not be taken into account for the purposes of this Chapter;

"established employee" has the same meaning as is assigned to it in article 107(6)(b);

"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 5 of this Part;

"member", subject to articles 224, 225 and 226, means a person to whom, pursuant to article 206, this Chapter applies;

"net pensionable remuneration (Members' Personal Superannuation Provisions)" means the amount by which pensionable remuneration exceeds twice the personal weekly rate of old age contributory pension on the last service day;

"net pensionable remuneration (Spouses' and Children's Pension Provisions) means the amount by which pensionable remuneration exceeds the personal weekly rate of old age contributory pension on the last service day;

"periodic contributions" has the meaning assigned to it by article 211(3);

"reckonable service" has the same meaning as "pensionable local service" save that any increased period of pensionable local service under article 90(2) or (3) shall be disregarded;

"Social Welfare Acts" means the Social Welfare Acts, 1993 to 1998, including any enactment which amends or extends any or all of those Acts and any regulation, warrant or order made thereunder;

"spouse's pension" has the meaning assigned to it by article 207;

• (2)
• (a) Where, in relation to a person referred to in sub-paragraph (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 member immediately prior to the member's death,

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

• (iii) a person referred to in subparagraph (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 (f) 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 or her retirement if he or she 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) Contributions paid by an employee in respect of a period referred to in paragraph (a) shall be returned by the local authority to his or her legal personal representative.

• (c) Where, subsequent to the date on which a member ceases to be a contributing member, the pension payable to him or her 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 or she 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 spouse's pension or children's pension in respect of him or her 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 or her (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 member or former member who is married applies 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 or her spouse, the child shall, from the date on which the member or former member has custody of him or her, be deemed, for the purposes of this Chapter, to be the member's or former member's duly adopted child.

206 Members.

206.

206. (1) Subject to sub-article (4), this Chapter applies to a person, other than a person referred to in article 107(1)(a)(ii), who became or becomes a registered employee on or after the 1st day of January, 1986, with effect from the date of becoming so registered.

• (2)
• (a) Subject to sub-article (4)(b), this Chapter applies to a person who, having been a registered employee at any time between the 1st day of September, 1984 and the 31st day of December, 1985, elected in writing during that period to have this Chapter applied to him or her, with effect from the 1st day of September, 1984 or the date he or she became a registered employee, whichever is the later.

• (b) Paragraph (a) shall apply, mutatis mutandis, to the spouse or legal personal representative of a person to whom that paragraph applies.

• (3)
• (a) Subject to sub-article (4)(b) and to article 222, this Chapter applies to a person who, having been a pensionable servant at any time between the 1st day of September, 1984 and the 31st day of December, 1985, elected in writing during that period to have this Chapter applied to him or her, with effect from the 1st day of September, 1984.

• (b) Paragraph (a) shall apply, mutatis mutandis, to the spouse or legal personal representative of a person to whom that paragraph applies.

• (4)
• (a) Notwithstanding the provisions of sub-article (1), Chapter 2 of this Part will apply to any person referred to therein who is in the religious life and who is bound by a vow of celibacy subject to the proviso that should he or she leave the religious life (or cease to be so bound) but continue to be a registered employee, this Chapter will thereupon apply to him or her.

• (b) Notwithstanding the provisions of sub-articles (2) and (3), an election in writing referred to therein will not apply to any person who is in the religious life and who is bound by a vow of celibacy subject to the proviso that should he or she leave the religious life (or cease to be so bound) but continue to be a pensionable servant or a registered employee, this Chapter and, in relation to a pensionable servant, Chapter 3 of Part II will thereupon apply to him or her.

• (5) This Chapter shall cease to apply to a person who ceases to be a registered employee.

207 Power to grant spouses' and children's pensions.

207.

207. (1) Subject to sub-article (2) and to articles 224, 225 and 226, a local authority shall, on the death of a contributing or former member (in this Chapter referred to as "the deceased") to whom or in respect of whom a pension, death gratuity, preserved pension or preserved death gratuity has been, or is, awarded, grant in respect of him or her—

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

• (b) where he or she leaves a child or children, a pension for such child or children (in this Chapter referred to as a "children's pension").

• (2) A spouse's or children's pension shall not be granted in respect of a person who died while he or she was a contributing member unless the local authority are satisfied that he or she would, regard being had to article 93(1)(b), have been granted a pension had he or she retired on the date he or she died and then had the pensionable local service which he or she would have had if he or she had served to age 65.

208 Spouses' pensions.

208.

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

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

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

• (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 spouse of a member, 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 spouse shall not be eligible for a spouse's pension under this Chapter in respect of more than one member; where a spouse would, apart from this article, be eligible for a spouse's pension in respect of two or more members the spouse shall be treated under this Chapter in the way which will give the most favourable result for the spouse.

• (b) A spouse shall not be eligible for a spouse's pension under this Chapter where the spouse is eligible for a more favourable spouse's pension under Chapter 1, 2, 3, 4 or 5 of this Part or under a spouses' and children's pension scheme reciprocal generally with this Chapter where service with the body in question is capable of being reckoned under this Scheme.

• (4) Subject to sub-article (1), a spouse'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 spouse.

• (5)
• (a) The rate of a spouse's pension shall be one-half of the rate of the deceased's pension and where the deceased's pension was reduced by virtue of articles 93(1)(b) and 96, of the deceased's pension as if it had not been so reduced.

• (b) (i) In the case of the death of a contributing or former member who was fully insured, the local authority may, with effect from a date which is not earlier than the 6th day of April, 1995, pay to his or her spouse a supplementary pension, the amount of which shall not exceed the difference between—

• (I) the rate of spouse's pension resulting from the calculation at sub-article (5)(a) together with the personal rate of contributory widow(er)'s pension, if any, payable to the spouse, and

• (II) the rate of spouse's pension which would have resulted from the calculation at sub-article (5)(a) if the member had not been fully insured.

• (ii) The supplementary pension shall be payable in respect of any period or periods during which the spouse—

• (I) fails to qualify for contributory widow(er)'s pension where such failure is due to causes outside his or her own control, or

• (II) qualifies for contributory widow(er)'s pension at less than the maximum personal rate due to causes outside his or her own control.

• (6) Notwithstanding sub-article (5), on the death of a contributing member or former member, other than a former member who qualifies for a preserved pension, the rate of a spouse's pension may, in respect of the first month after his or her death, be increased—

• (a) in case he or she dies while a contributing member, to one-twelfth of the annual equivalent of his or her pensionable remuneration,

• (b) in case he or she dies after being granted a pension—

• (i) in relation to a member who was not an established employee, where the rate of pension payable to him or her on the date of his or her death is greater than the rate of spouse's pension otherwise payable under this Chapter, to one-twelfth of the said rate of pension,

• (ii) in relation to a member who was an established employee, where the rate of pension payable to him or her on the date of his or her death, if it had been calculated on the basis of net pensionable remuneration (Spouses' and Children's Pension Provisions) instead of net pensionable remuneration (Members' Personal Superannuation Provisions), is greater than the rate of spouse's pension otherwise payable under this Scheme, to one twelfth of the said rate of pension,

provided that the rate as so increased shall be reduced by the rate of any children's pensions payable under this Chapter and provided also that the amount payable to the spouse under this Chapter in respect of the period of one month commencing on the day immediately following that of the deceased's death may be paid at any time on or after the first day of the said period.

209 Children's pensions, beneficiaries.

209.

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

• (2) 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, 4 or 5 of this Part.

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

210.

210. (1) A children's pension under this Chapter shall be paid to the relevant member's spouse where the eligible children are in the spouse's care, and in case any child in respect of whom the pension is payable is not in the spouse's 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 article 207(2), 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,

• (a) where the deceased leaves no spouse or, where he or she leaves a spouse and the spouse dies, four-twelfths of the deceased's pension where there is one child, or six-twelfths where there are two or more children,

• (b) subject to sub-article (5), where the deceased's spouse is surviving, two-twelfths of the deceased's pension multiplied by the number of children not exceeding three.

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

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

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

211 Periodic contributions.

211.

211. (1) (a) Subject to paragraph (b) and to article 223, a member, being a registered employee of a local authority, shall, with effect from the 1st day of September, 1984, or the date of becoming a member, if later, contribute to such local authority at the rate of one and one-half per cent. of

• (i) his or her weekly rate of wages, and

• (ii) the weekly value of his or her emoluments,

subject to the proviso that there shall be no contributions in respect of a period in respect of which he or she had neither wages nor emoluments or in respect of which he or she was paid injury benefit or disablement benefit under Chapter 10 of Part II of the Social Welfare (Consolidation) Act, 1993 or any Act passed before that Act 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) of the definition of "service day" contained in article 3 and if, in the case of a period in respect of which he or she was paid disablement benefit, he or she was, during it, 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).

• (b) Notwithstanding the provisions of paragraph (a), a member who is fully insured, other than an established employee, shall contribute at the rate of one and one-half per cent. of the amount by which his or her weekly rate of wages and the weekly value of his or her emoluments, taken together, exceed—

• (I) as respects a person who is sharing wholetime employment with one other employee under an approved job-sharing scheme — the personal weekly rate of old age contributory pension,

• (II) in any other case — twice the personal weekly rate of old age contributory pension.

• (2) The contributions referred to in sub-article (1) shall be paid at such times and in such manner as the relevant local authority may determine until he or she ceases to be a contributing member.

• (3) Contributions payable under this article are in this Chapter referred to as "periodic contributions".

• (4) Periodic contributions shall not be payable under this Chapter by a member for any period which does not constitute pensionable local service.

• (5) The provisions of article 102(4) shall apply to contributions paid under this article as if they were contributions paid under the said article 102.

212 Return of contributions.

212.

212. (1) Where a member,

• (a) ceases to be a contributing member otherwise than by reason of death, is not eligible for the grant of a pension and lump sum, or a preserved pension and preserved lump sum, and he or she does not accept any other position service in which is capable of being reckoned under this Scheme, or,