S.I. No. 455/1998 - Local Government (Superannuation) (Consolidation) Scheme, 1998
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
15 amending acts · 2024-08-30, S.I. No. 421/2024 - Local Government (Superannuation) (Consolidation) (Amendment) Scheme 2024
- (2) Where a person ceased to hold office or employment between the 9th day of October, 1987 and the 31st day of December, 1987, both dates inclusive, under an approved early retirement and voluntary redundancy scheme, his or her salary or wages, as appropriate, shall, for the purposes of determining a lump sum or a short service gratuity, be deemed to be the salary or wages that would have been applicable to him or her if he or she had ceased to hold office or employment on the 1st day of January, 1988, subject to the provisos—
- (a) that he or she was alive on the said 1st day of January, and
- (b) in relation to a pensionable servant or a registered employee, that the rate of wages applicable to him or her on the date he or she ceased to hold employment was equal to the rate of wages applicable to him or her on his or her last service day.
261 Benefits to be granted to persons with at least forty years' pensionable local service.
261.
261. Where a person whose pensionable local service is not less than forty years ceases to hold office or employment under an approved early retirement and voluntary redundancy scheme, the local authority shall grant him or her—
- (a) in relation to a pensionable officer, a lump sum and an allowance determined in a like manner as a lump sum under article 14 and an allowance under article 15,
- (b) in relation to a registered officer, a lump sum and an allowance determined in a like manner as a lump sum under article 70 and an allowance under article 71,
- (c) in relation to an established servant to whom Chapter 2 of Part II applies, an allowance determined in a like manner as an allowance under article 36,
- (d) in relation to an established servant to whom Chapter 3 of Part II applies, a lump sum and an allowance determined in a like manner as a lump sum under article 94 and an allowance under article 95(1),
- (e) in relation to a pensionable servant, other then an established servant, an allowance determined in a like manner as an allowance under article 36, and
- (f) in relation to a registered employee, other than an established servant, a lump sum and an allowance determined in a like manner as a lump sum under article 94 and an allowance under article 95.
262 Benefits to be granted to pensionable officers registered officers and established servants with at least five and less than forty years' pensionable local service.
262.
262. (1) Subject to the provisions of sub-article (2) and article 266, where a pensionable officer, registered officer or established servant whose pensionable local service is not less than five years and less than forty years ceases to hold office or employment under an approved early retirement and voluntary redundancy scheme, the local authority shall grant him or her—
- (a) in relation to a pensionable officer, a lump sum and an allowance determined in a like manner as a lump sum under article 14 and an allowance under article 15,
- (b) in relation to a registered officer, a lump sum and an allowance determined in a like manner as a lump sum under article 70 and an allowance under article 71,
- (c) in relation to an established servant to whom Chapter 2 of Part II applies, an allowance determined in a like manner as an allowance under article 36, and
- (d) in relation to an established servant to whom Chapter 3 of Part II applies, a lump sum and an allowance determined in a like manner as a lump sum under article 94 and an allowance under article 95(1).
- (2) The service by reference to which any lump sum or allowance referred to in sub-article (1) falls to be determined shall be increased by the addition of—
- (a) where pensionable local service (excluding any notional service purchased under Chapter 1 or 2 of Part V) is not less than twenty years, a period of seven years, and
- (b) where pensionable local service (excluding any notional service purchased under Chapter 1 or 2 of Part V) is less than twenty years, a period equivalent to seven-twentieths of such service,
subject to the provisos—
- (i) that service, together with the additional service provided for in this sub-article, shall not exceed forty years,
- (ii) that pensionable local service (excluding any notional service purchased under Chapter 1 or 2 of Part V), together with the additional service provided for in this sub-article, shall not exceed the pensionable local service (excluding any notional service purchased under Chapter 1 or 2 of Part V), which the person would have had if he or she had served to the age of sixty-five years, and
- (iii) that any period added under article 11(5), (11) or (14) or article 66(5) or (8), together with the additional service provided for in this sub-article, shall not exceed ten years.
263 Benefits to be granted to pensionable servants and registered employees (other than established servants) under the age of sixty with at least five and less than forty years' pensionable local service.
263.
263. Subject to the provisions of article 266, where a pensionable servant or registered employee, other than an established servant, whose pensionable local service is not less than five years and less than forty years ceases to hold employment under an approved early retirement and voluntary redundancy scheme before he or she attains sixty years of age, the local authority shall grant to, or in respect of, him or her either—
- (a) (i) in relation to a pensionable servant, an allowance, payable with effect from the date he or she attains sixty years of age, at the rate per week of one-sixtieth of the equivalent, at the last effective date of increases under regulations made under the Pensions (Increase) Act, 1964 , prior to the date on which he or she attains sixty years of age, of his or her pensionable remuneration on his or her last service day, multiplied by the number of the years of his or her pensionable local service, or
- (ii) in relation to a registered employee, a preserved pension and preserved lump sum, or a preserved death gratuity, as appropriate, determined in a like manner as a preserved pension and preserved lump sum, or a preserved death gratuity, as appropriate, under article 101, or
- (b) (i) in relation to a pensionable servant, an allowance determined in a like manner as an allowance under article 36, and
- (ii) in relation to a registered employee, a lump sum and an allowance determined in a like manner as a lump sum under article 94 and an allowance under article 95.
264 Benefits to be granted to pensionable servants and registered employees (other than established servants) who have reached the age of sixty with at least five and less than forty years' pensionable local service.
264.
264. Subject to the provisions of article 266, where a pensionable servant or registered employee, other than an established servant, whose pensionable local service is not less than five years and less than forty years ceases to hold employment under an approved early retirement and voluntary redundancy scheme on or after the date he or she attains sixty years of age, the local authority shall grant him or her—
- (a) in relation to a pensionable servant, an allowance determined in a like manner as an allowance under article 36, and
- (b) in relation to a registered employee, a lump sum and an allowance determined in a like manner as a lump sum under article 94 and an allowance under article 95.
265 Benefits to be granted to persons whose less than five years' pensionable local service.
265.
265. Where a person whose pensionable local service is less than five years ceases to hold office or employment under an approved early retirement and voluntary redundancy scheme, the local authority shall grant him or her—
- (a) in relation to a pensionable officer, a short service gratuity determined in a like manner as a short service gratuity under article 17(1), together with, where his or her pensionable local service is not less than two years, an additional amount equal to three-eightieths of his or her pensionable remuneration, multiplied by the number of whole years in his or her pensionable local service, any odd fraction of a whole year being disregarded,
- (b) in relation to a registered officer, a short service gratuity determined in a like manner as a short service gratuity under article 73(1) and (2),
- (c) in relation to an established servant to whom Chapter 2 of Part II applies, a short service gratuity determined in a like manner as a short service gratuity under article 38(1), together with, where his or her pensionable local service is not less than two years, an additional amount equal to three-eightieths of his or her pensionable remuneration multiplied by fifty-two, multiplied by the number of the years of his or her pensionable local service,
- (d) in relation to an established servant to whom Chapter 3 of Part II applies, a short service gratuity determined in a like manner as a short service gratuity under article 97,
- (e) in relation to a pensionable servant, other than an established servant, a short service gratuity determined in a like manner as a short service gratuity under article 38(1), together with, where his or her pensionable local service is not less than two years, an additional amount equal to three-eightieths of his or her pensionable remuneration multiplied by fifty-two, multiplied by the number of the years of his or her pensionable local service, and
- (f) in relation to a registered employee, other than an established servant, a short service gratuity determined in a like manner as a short service gratuity under article 97.
266 Application of certain provisions of this Part to certain persons.
266.
266. Notwithstanding the foregoing provisions of this Part—
- (a) a person referred to in article 262 may elect in writing to have the provisions of article 261 applied to him or her in lieu of the provisions of the said article 262, subject to the proviso that any grant under article 261 shall be determined by reference to his or her pensionable local service, and
- (b) a person referred to in article 262, 263 or 264 may elect in writing to have the provisions of article 265 applied to him or her in lieu of the provisions of the said article 262, 263 or 264, subject to the proviso that any grant under article 265 shall be determined by reference to five years' pensionable local service.
267 Application of certain provisions of Chapter 2 of Part II to this Part.
267.
267. For the purposes of this Part, article 11(5) shall be deemed to apply as if paragraph (c) were deleted therefrom.
268 Application of certain provisions of Chapter 3 of Part II to the Part.
268.
268. For the purposes of this Part,
- (a) article 66(5) shall be deemed to apply as if paragraph (c) were deleted therefrom, and
- (b) article 95(3) shall be deemed to apply as if the following subparagraph were substituted for subparagraph (ii) thereof
- "(ii) under an approved early retirement and voluntary redundancy scheme,".
269 Application of certain provisions of Chapter 1 of Part III to this Part.
269.
269. For the purposes of this Part, article 118(1) shall be deemed to apply as If the following definition were substituted for the definition of "service" therein:
" "service", other than in the expressions "pensionable local service" and "reckonable service", means a member's pensionable local service together with
- (a) any period added to his or her pensionable local service under article 11 or 66 or, where appropriate, which would have been added to his or her pensionable local service if he or she had served to the age of sixty-fine years, and
- (b) any period added to his or her pensionable local service under article 262(2);".
270 Application of certain provisions of Chapter 2 of Part III to this Part.
270.
270. For the purposes of this Part, article 148(10)(a) shall be deemed to apply as if the words "together with any period added to his or her pensionable local service under article 262(2)," were added to subparagraph (i) thereof
271 Application of certain provisions of Chapter 5 of Part III to this Part.
271.
271. For the purposes of this Part, article 182(1) shall be deemed to apply as if the following definition were substituted for the definition of "service" therein:
" "service", other than in the expressions "pensionable local service" and "reckonable service", means a member's pensionable local service together with
- (a) any period added to his or her pensionable local service under article 66 or, where appropriate, which would have been added his or her pensionable local service if he or she had served to the age of sixty-fine years, and
- (b) any period added to his or her pensionable local service under article 262(2);"
272 Application of certain provisions of Chapter 6 of Part III to this Part.
272.
272. For the purposes of this Part, article 215(10)(a) shall be deemed to apply as if the words "together with any period added to his or her pensionable local service under article 262(2)," were added to subparagraph (i) thereof.
273 Application of certain provisions of Part V to this Part.
273.
273. For the purposes of this Part, article 242 shall be deemed to apply as if the following sub-article were added thereto:
- "(4A) Where a registered officer or a registered employee ceases to hold office or employment under an approved early retirement and voluntary redundancy scheme, the local authority shall, with the consent of the Minister, return to him or her the contributions which he or she has paid under this Chapter in respect of the period, if any, by which his or her total service for the purposes of such approved early retirement and voluntary redundancy scheme, disregarding article 262(2)(i) thereof, exceeds forty years.".
274 Application of certain provisions of Part VII to this Part.
274.
274. For the purposes of this Part,
- (a) article 277(4) shall be deemed to apply as if the words "one-half of" were deleted therefrom, and
- (b) article 279(1) shall be deemed to apply as if the words "shall make a refund to the paying authority in accordance with such conditions as may be determined by the Minister" were substituted for the words "shall refund to the paying authority a part of the lump sum, allowance or gratuity" therein.
275 Re-employment of officers and employees who ceased to hold office or employment under an approved early retirement and voluntary redundancy scheme.
275.
275. (1) Subject to sub-article (3), where a person who was granted benefits under article 261, 262, 263, 264 or 265 subsequently becomes a registered officer or registered employee of a local authority, any entitlement to an allowance (including a preserved pension) granted to him or her under this Part shall cease with effect from the date he or she becomes such registered officer or registered employee.
- (2)
- (a) Subject to paragraph (b) and to sub-article (3), where a person who was granted benefits under article 261, 262, 263, 264 or 265 subsequently becomes a registered officer or registered employee of a local authority, the following provisions shall have effect on his or her again ceasing to hold office or employment:
- (i) for the purposes of article 62(1)(b) or 86(1)(a) his or her pensionable local service shall be regarded as not being a period in respect of which he or she has already received a lump sum, an allowance, a gratuity, a preserved lump sum ox a preserved pension, and
- (ii) any lump sum, gratuity or preserved lump sum granted to, or in respect of, him or her under Chapter 3 of Part II shall be reduced by an amount corresponding to the amount of the lump sum, short service gratuity or preserved lump sum, as appropriate, that would have been granted to him or her under this Part if it had been determined by reference to his or her pensionable local service for the purposes of this Part and the pensionable remuneration that would have applied to him or her if he or she had ceased to hold office or employment on the date the reduction takes place, subject to the proviso that the reduction shall not apply in relation to a preserved lump sum where the person has not attained sixty years of age on the date he or she subsequently becomes a registered officer or a registered employee.
- (b) Where a person to whom the provisions of paragraph (a) applies is a former pensionable officer or registered officer who was granted benefits under article 261 or 262 and subsequently becomes a registered officer of a local authority who is fully insured, he or she, at any time up to and including the date of subsequent cesser of office, (or such person's legal personal representative on his or her behalf in the event of his or her death in service), may apply in writing to the local authority to be granted a preserved pension and preserved lump sum in respect of the pensionable local service reckoned in the determination of the benefits under the said article 261 or 262. In such event, provisions corresponding to those contained in article 77(5)(b) shall apply to him or her, subject to the proviso that in the application of the said provisions to him or her the words "on or after the 1st day of July, 1989" in sub-article (5)(b)(i) shall be disregarded and, in addition, the provisions of subparagraph (i) of paragraph (a) shall not apply to him or her.
- (3) The provisions of sub-articles (1) and (2) shall not apply to a person who becomes a registered officer by virtue of paragraph (c)(ii) of the definition of "eligible officer" in article 4 as respects the period which remains unexpired of the contract of service which such person held on the date he or she so becomes a registered officer and, in lieu thereof, the provisions of article 54 or 113, as appropriate, shall apply as respects such period.
- (4) Where a person who was granted benefits under article 261, 262, 263, 264 or 265 subsequently becomes employed as an officer or employee of a local authority, otherwise than as a registered officer or registered employee, the provisions of article 54 or 113, as appropriate, shall have effect.
276 General restriction on grants under Part VI.
276.
276. Save under this Part a local authority shall not grant any allowance, lump sum, preserved pension, preserved lump sum, short service gratuity or preserved death gratuity, to or in respect of any person ceasing to hold office or employment under an approved early retirement and voluntary redundancy scheme.
PART VII FINANCIAL AND MISCELLANEOUS PROVISIONS
Financial Provisions
277 Local authority by whom payment is to be made.
277.
277. (1) Where—
- (a) a lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) is granted under this Scheme by a local authority, or
- (b) a local authority are required by this Scheme to make a refund,
the lump sum, allowance, gratuity or refund shall be paid—
- (i) in case such local authority are a vocational education committee — by the local authority who pay under the Vocational Education Act, 1930 (No 29 of 1930), the annual local contribution to the expenses of the committee,
- (ii) in case such local authority are a committee of agriculture for a county — by the council of that county,
- (iii) in case such local authority are a committee of a single local authority — by that single local authority,
- (iv) in any other case — by such local authority.
- (2) Where under this Scheme a local authority are required to refund any portion of a payment mentioned in sub-article (1) the refund shall be made to the local authority by whom the payment was made under that sub-article.
- (3) A payment made by a local authority pursuant to sub-article (1)(i) shall not be reckoned for the purpose of any limitation on the amount of any annual local contribution payable by the local authority under the Vocational Education Act, 1930 (No. 29 of 1930), as amended by any subsequent enactment.
- (4) There shall be paid out of moneys provided by the Orieachtas to a local authority paying any lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) granted under this Scheme by a vocational education committee, in and of the rate or fund out of which the lump sum, allowance or gratuity is paid—
- (a) in respect of the period beginning on the commencement of this Part and ending on the 31st day of December, 1989 — one-half of every payment,
- (b) in respect of any subsequent period — the amount of every payment,
made by the local authority in respect of the lump sum, allowance or gratuity
278 Area of charge of payment of local authority.
278.
278. (1) Subject to any order made under section 10 (7) of the Local Government Act, 1946 (No 24 of 1946), as amended by section 50 of the Local Government Act, 1955 (No. 9 of 1955), a sum payable by a local authority under this Scheme in respect of a period during which a person was an officer or employee or servant of such local authority shall be charged on the area on which the remuneration of such person would have been charged if he or she had continued to hold the same office or employment under such local authority.
- (2) A sum payable by a local authority under this Scheme in respect of a period during which a person was an officer or employee or servant of another local authority shall be charged on the area on which the expenses incurred by the first-mentioned local authority in supplying moneys to the other local authority are charged.
- (3) Where a lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) is granted under this Scheme by a local authority to or respect of an officer or employee or servant and in computing the amount thereof a period of service under another local authority has been reckoned, the payment of the lump sum, allowance or gratuity by the first-mentioned local authority shall be regarded for the purposes of this article as solely in respect of service of such person under them.
279 Refunds or payments in certain cases.
279.
279. (1) Where a lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) is paid under this Scheme to or in respect of any person by a local authority (in this article referred to as the paying authority) or is not paid (whether in whole or in part) by virtue of article 16(1)(b)(i), 20(b)(ii)(I), 37(1)(b)(i), 41(b)(ii)(I), 72(1)(b)(i), 76(1)(II)(B)(i), 77(6)(b)(i), 96(1)(b)(i), 100(1)(II)(b)(i) or 101(6)(b)(i), as appropriate, and, in determining the amount thereof, any period of service not under the paying authority (not being service referred to in article 9(1)(g)(ii), (iii) or (iii), 9(1)(h), 33(1)(g), 63(1)(g)(ii) or (iii), 63(1)(h) or 88(1)(g)) has been reckoned, the appropriate authority shall refund to the paying authority a part of the lump sum, allowance or gratuity.
- (2) In sub-article (1) and the subsequent sub-articles of this article "the appropriate authority" means—
- (a) in case the period of service not under the paying authority that has been reckoned was service in the civil service — the Minister for Finance,
- (b) in case that period of service has been reckoned under article 9(1)(g)(i) or 63(1)(g)(i) — the Secondary Teachers' Superannuation Fund or the Primary Teachers' Superannuation Fund (as may be appropriate),
- (c) in any other case — the body under whom was served the period of service not under the paying authority that has been reckoned.
- (3) The part of the lump sum, allowance or gratuity referred to in sub-article (1) shall be determined as follows
- (a) in case the period of service not under this Scheme that has been reckoned was service in the civil service, it shall be determined by the Minister for Finance,
- (b) in case that period of service has been reckoned under article 9(1)(g)(i) or 63(1)(g)(i), it shall be determined by agreement between the paying authority and the appropriate authority or, in default of agreement, by the Minister with the consent of the Minister for Finance,
- (c) in any other case, it shall be determined by agreement between the paying authority and the appropriate authority or, in default of agreement, by the Minister (after consultation, where the appropriate authority are a harbour authority, with the Minister for the Marine and Natural Resources).
- (4) Sub-article (1) shall not apply where the period of service not under the paying authority that has been reckoned is a period in respect of which contributions have been repaid under article 25(4), 44(4), 82(4) or 104(4).
- (5) Where a lump sum, allowance or gratuity is paid to or in respect of any person under the Superannuation Acts or a marriage gratuity is granted by the Minister for Finance and, in determining the amount thereof, any period of service under a local authority has been reckoned, the local authority shall refund to the Minister for Finance such part of the lump sum, allowance or gratuity or of the marriage gratuity as the Minster for Finance may determine.
- (6) For the purposes of sub-articles (1) and (5)—
- (a) service under a committee of a local authority shall be deemed to have been service under that local authority, and
- (b) service under a local authority who have ceased to exist shall be deemed to be service under the successor, as determined by the Minister, of that local authority.
- (7)
- (a) Notwithstanding the foregoing provisions of this article, the Minister may direct that a payment, calculated in accordance with such tables as are approved by him or her, shall be made to a local authority by the appropriate authority in respect of the transfer of a period of service and such payment shall be in lieu of any refund otherwise proper to be made under this article.
- (b) Any period for which a payment is made under paragraph (a) shall be regarded as having been served with the local authority to which such payment was made.
- (c) The provisions of articles 23(4) and 42(4) or 80(4) and 102(4), as appropriate, shall apply to payments made under paragraph (a) as if they were contributions received by them under the sand articles 23 and 42 or 80 and 102.
- (8) Where service under a local authority capable of being reckoned under this Scheme is reckoned on the grant of any superannuation benefit by a harbour authority or body approved of for the purposes of article 9(1)(f) or 33(1)(f) or 63(1)(f) or 88(1)(f), the local authority shall make the appropriate refunds or such other payments as are approved by the Minister to that authority or body.
- (9) Notwithstanding the foregoing provisions of this article, two authorities may make and carry out an agreement that neither of them shall make refunds or payments under those provisions to the other.
- (10) Payments made by the Minister for Finance under this article shall be made out of moneys provided by the Oireachtas.
280 Agreements in relation to contributions.
280.
280. Notwithstanding any other provision of this Scheme, a local authority and any other body (including a local authority) referred to in this Scheme may make and carry out an agreement that neither of them shall make to the other any repayments or recoupments in respect of contributions which would otherwise be proper to be made pursuant to this Scheme
Miscellaneous Provisions
281 Forfeiture and reduction of awards.
281.
281. (1) Notwithstanding anything contained in the foregoing provisions of this Scheme and subject to sub-article (2), there shall be no forfeiture, cancellation or reduction of any lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) or refund of contributions in respect of a person who on or after the 27th day of May, 1977 ceases to be a pensionable officer, pensionable servant, registered officer or registered employee of a local authority, including cesser by removal or discharge for misconduct or unfitness or resignation to pre-empt such removal or discharge.
- (2) The application of sub-article (1) to a person shall be subject to such requirements as are specified by the Minister for the purposes of this article, including requirements that—
- (a) (i) a pensionable officer or pensionable servant shall have not less than twenty years of pensionable local service and have attained the age of sixty years on the date of cesser of office or employment, and
- (ii) a registered officer or registered employee shall have not less than fine years of pensionable local service on the date of cesser of office or employment;
- (b) any preserved pension granted to a registered officer or registered employee shall be payable with effect from the 1st day of January, 1994 or the date on which the person attains sixty years of age, whichever is the later,
- (c) any lump sum or gratuity (including a preserved lump sum or preserved death gratuity) granted to a person who ceased to hold office or employment or, as respects the grant of a preserved lump sum, attained the age of sixty years, prior to the 1st day of January, 1994, shall be determined by reference to his or her pensionable remuneration on the date of such cesser or the date of such attainment, as appropriate; and
- (d) in any case involving a financial loss to the local authority, the lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) or refund of contributions, as appropriate, payable by the local authority shall be reduced by the amount of the loss, together with an additional sum calculated on a basis determined by the Minister in respect of compound interest, unless such amount is otherwise paid by the person concerned to the local authority.
282 Appeals to the Minister.
282.
282. (1) Where a person is aggrieved by the failure or refusal of a local authority to grant under this Scheme (other than Part VI) a lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) or to return under this Scheme contributions, he or she may appeal to the Minister against such failure or refusal
- (2) Where a person is aggrieved by the amount of any lump sum, allowance or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) granted by a local authority under this Scheme, he or she may appeal to the Minister against such amount
- (3) An appeal under this article by a person against a failure to make a grant or return of contributions shall be brought not later than eight months after the circumstances arose which he or she alleges required the local authority to make the grant or return of contributions and any other appeal under this article shall be brought not later than six months after the decision appealed from has been notified to the appellant
- (4) On an appeal under this article, the Minister may either refuse the appeal or make such provisions as should in his or her opinion have been made by the local authority, and any provisions so made by the Minister shall have effect as if made by the local authority
283 Repayment of lump sum, allowance, pension, gratuity overpaid.
283.
283. Where at any time a person receives payments on foot of a lump sum, allowance, pension or gratuity (including a preserved lump sum, preserved pension or preserved death gratuity) and such person is not entitled under this Scheme to such payments, or where a person receives payments on foot of a lump sum, allowance, pension or gratuity which exceed those which are appropriate under this Scheme, such person or, in case such a person is dead the legal personal representative of such person, shall pay to the local authority on demand such payments or excess payments, as may be appropriate, and such payments or excess payments shall in default of payment be recoverable by the local authority as a simple contract debt in any court of competent jurisdiction.
284 General.
284.
284. (1) Save under this Scheme or any scheme or regulations under the Local Government (Superannuation) Act, 1980 , the Act of 1909 or Part VIII of the Act of 1945, a local authority shall not grant any pension, allowance, gratuity, lump sum (including a preserved lump sum, preserved pension, preserved death gratuity) or return of contributions to or in respect of any of their officers or employees or servants
- (2) Notwithstanding the provisions of sub-article (1), a local authority may establish a scheme for the making by them officers, employees and servants of voluntary contributions to trustees in respect of superannuation benefits which are additional to those provided for by the local authority, subject to the provisos—
- (i) that such scheme shall satisfy conditions specified by the Minster for the purposes of this sub-article, and
- (ii) that the local authority shall not be liable for the grant or payment of any benefit under, or any loss incurred by, such scheme.
285 Revocations.
285.
285. The Schemes mentioned in the following Table are hereby revoked.
TABLE
Schemes revoked by virtue of Article 285
Local Government (Transfer of Service) Scheme, 1984 ( S.I. No. 298 of 1984 ).
Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 321 of 1984 ).
Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 318 of 1984 ).
Local Government Officers (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 ( S.I. No. 320 of 1984 ).
Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 ( S.I. No. 319 of 1984 ).
Local Government Officers (Spouses and Childrens Contributory Pension) Scheme, 1986 ( S.I. No. 364 of 1986 ).
Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986 ( S.I. No. 363 of 1986 ).
Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ).
Local Government (Superannuation) (Purchase) Scheme, 1986 ( S.I. No. 421 of 1986 ).
Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ).
Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1987 ( S.I. No. 315 of 1987 ).
Local Government Officers (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1987 ( S.I. No. 313 of 1987 ).
Local Government Employees (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1987 ( S.I. No. 314 of 1987 ).
Local Government (Transfer of Service) (Amendment) Scheme, 1989 ( S.I. No. 243 of 1989 ).
Local Government Officers (Spouses and Childrens Contributory Pension) (Amendment) Scheme, 1989 ( S.I. No. 240 of 1989 ).
Local Government Employees (Spouses and Childrens Contributory Pension) (Amendment) Scheme, 1989 ( S.I. No. 239 of 1989 ).
Local Government Officers (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1989 (S.I. 242 of 1989).
Local Government Employees (Widows and Orphans Ex-Gratia Pension) (Amendment) Scheme, 1989 ( S.I. No. 241 of 1989 ).
Local Government (Superannuation) Act, 1956 (Consolidation) (Amendment) Scheme, 1990 ( S.I. No. 127 of 1990 ).
Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1990 ( S.I. No. 126 of 1990 ).
Local Government (Transfer of Service) (Amendment) Scheme, 1990 ( S.I. No. 125 of 1990 ).
Local Government (Superannuation) Act, 1956 (Consolidation) (Managers) Scheme, 1991 ( S.I. No. 340 of 1991 ).
Local Government (Superannuation Revision) (Consolidation) (Managers) Scheme, 1991 ( S.I. No. 341 of 1991 ).
Local Government (Early Retirement and Voluntary Redundancy) (Superannuation) Scheme, 1992 ( S.I. No. 74 of 1992 ).
Local Government (Superannuation) (Purchase) Scheme, 1992 ( S.I. No. 184 of 1992 ).
Local Government (Superannuation) Act, 1956 (Consolidation) (Amendment) Scheme, 1992 ( S.I. No. 292 of 1992 ).
Local Government (Superannuation Revision) (Consolidation) (Amendment) Scheme, 1992 ( S.I. No. 293 of 1992 ).
Local Government (Superannuation) Act, 1956 (Consolidation) (Managers) Scheme, 1993 ( S.I. No. 290 of 1993 ).
Local Government (Superannuation Revision) (Consolidation) (Managers) Scheme, 1993 ( S.I. No. 291 of 1993 ).
Local Government (Superannuation) (Removal of Controls) Scheme, 1995 ( S.I. No. 367 of 1995 ).
Local Government (Superannuation) (Purchase) (Amendment) Scheme, 1995 ( S.I. No. 368 of 1995 ).
GIVEN under the Official Seal of the Minister for the Environment and Local Government this day of 30th November, 1998.
Minister for the Environment and Local Government.
The Minister for Finance hereby consents to the Local Government (Superannuation) (Consolidation) Scheme, 1998.
GIVEN under the Official Seal of the Minister for Finance this day of 30th November, 1998.
Minister for Finance.
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