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

• (a) the local authority which pays the lump sum and allowance granted under article 21(1)(d) or 78(1)(d), as appropriate, where such local authority has not entered into an agreement under articles 279(9) and 280 with the local authority referred to in article 21(2) or 78(2), as appropriate, and

• (b) in any other case-the local authority referred to in article 21(2) or 78(2), as appropriate.

"the Superannuation Acts" means the Superannuation Acts, 1834 to 1976;

CHAPTER 2 Provisions applicable to persons who either retired before the introduction of or did not exercise an option to become subject to the provisions contained in Chapter 3 of Part II of this Scheme.

Pensionable Officers

5 Register of pensionable officers.

5.

5. (1) A local authority shall maintain a register to be known as the register of pensionable officers (in articles 5 to 28 referred to as the register).

• (2) Where a person becomes a registrable officer of a local authority before the 1st day of June, 1978, the local authority shall enter his or her name in the register and shall notify him or her accordingly within one month.

• (3) An officer of a local authority aggrieved by the refusal of or failure by the local authority to enter his or her name in the register may appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be entered in the register as from a specified date and, in the latter case, the local authority shall enter the name in the register as from that date.

• (4) A local authority shall keep at their principal office the register open at all reasonable times for inspection by their officers and by either—

• (a) in the case of the corporation of a borough, the members of the council of the borough, or

• (b) in any other case, the members of the local authority.

• (5)
• (a) Where an officer of a mental hospital authority was, immediately before the commencement of section 41 of the Act of 1961, contributing under section 85 of the Act of 1945 or section 9 of the Act of 1909, the authority shall enter his or her name in the register as from such commencement.

• (b) It shall be the duty of a mental hospital authority to complete the entries in the register consequent upon this sub-article (apart from entries made as a result of appeals under paragraph (c)) within six months after the commencement of section 41 of the Act of 1961.

• (c) Sub-article (3) shall not apply where a person is aggrieved by the refusal of or failure by a mental hospital authority to enter consequent upon this sub-article his or her name in the register, but such person, in lieu of appealing under that sub-article, may, within twelve months after the commencement of section 41 of the Act of 1961, appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be entered in the register as from such commencement and, in the latter case, the authority shall enter the name in the register as from such commencement.

• (d) Where an officer of a mental hospital authority was, immediately before the commencement of section 41 of the Act of 1961, contributing under section 85 of the Act of 1945 or section 9 of the Act of 1909, such officer may, within twelve months after such commencement, signify in writing to the authority that he or she opts that paragraph (a) is not to apply in relation to him or her, and thereupon—

• (i) paragraph (a) shall be deemed never to have applied in relation to him or her, and

• (ii) if at any time after such commencement he or she becomes a mental hospital officer and sub-article (2) would, apart from this subparagraph, then apply in relation to him or her, that sub-article shall not apply if the time when he or she becomes a mental hospital officer is in the period of his or her continuous service as a mental hospital officer beginning on such commencement.

• (e) Where a person whose name is entered under this sub-article by a mental hospital authority in the register was, immediately before the of commencement of section 41 of the Act of 1961, contributing under section 9 of the Act of 1909, and was for the purposes of that Act an officer of the first class, the provisions of sections 77, 78 and 79 of the Act of 1945 shall, notwithstanding section 64(2)(a) of that Act, apply to him or her and, for this purpose, his or her name shall be deemed to be entered in the register maintained under section 65 of that Act.

• (f) Where a person whose name is entered under this sub-article by a mental hospital authority in the register was, immediately before the commencement of section 41 of the Act of 1961 subject, by virtue of section 64 of the Act of 1945, to the Act of 1909, he or she shall, as from such commencement, cease to be subject to that Act.

• (g) Where the name of a person, other than a person to whom paragraph (f) applies, is entered by a mental hospital authority in the register and either—

• (i) the entry is under this sub-article, or

• (ii) the entry being made otherwise than under this sub-article, it is made as from the expiration of a continuous period of such person's being a mental hospital servant which began on the commencement of section 41 of the Act 1961, and as from the commencement of which such person's name was entered under article 29(4),

the following provisions shall have effect:

• (I) none of the following sections, that is to say, sections 66, 67, 68, 69, 70, 71, 72, 76, 85 and 86 of the Act of 1945 shall apply to him or her,

• (II) sections 63(2), 77, 78 and 79 of the said Act shall not apply to him or her save during his or her continuous period of being a mental hospital officer beginning at the time as from which the mental hospital authority enter his or her name in the register.

• (h) Where, in a case other than a case to which paragraph (e) or (g) applies, the name of a person is entered otherwise than under this sub-article by a mental hospital authority in the register, Part VIII of the Act of 1945, other than section 65 of that Act, shall not apply to such person.

6 Removal from the register of person ceasing to be registrable officer.

6.

6. (1) A local authority shall remove from the register the name of any person who ceases to be a registrable officer of such local authority and shall notify him or her accordingly officer within one month.

• (2) The removal of a name from the register may be effected by a note on the register indicating that the name has been removed and the date of the removal, and the reinstatement of a name in the register may be effected by a note on the register indicating that the name has been reinstated and the date of the reinstatement.

• (3) A person aggrieved by the removal of his or her name by a local authority from the register may, within six months after the removal is notified to him or her, appeal against the removal to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be reinstated in the register and, in the latter case, the local authority shall reinstate the name in the register.

7 Notification to local authority of cesser of office under another local authority.

7.

7. Where a pensionable officer of a local authority ceases to hold any office under them, they shall so inform any other local authority under whom such officer holds any office or local employment.

8 General limitations on service to be reckoned by pensionable officer.

8.

8. (1) A provision of articles 5 to 28 entitling a pensionable officer to reckon as service any period shall be subject to the overriding qualification that he or she shall not be entitled so to reckon a particular period more than once nor shall he or she be entitled so to reckon any of the following:

• (a) any period as respects which, when ordinarily entitled to remuneration in respect of a position service in which is capable of being reckoned under this Scheme, he or she was not in receipt of that remuneration, being a period after the commencement of articles 5 to 28 and not being a period continuous with a similar period ending on such commencement, nor, in the case of a member of the Reserve Defence Force, being a period commencing on or after the 1st day of January, 1981, in respect of which he or she is granted special leave without pay for attending training with that Force,

• (b) any period in respect of which he or she has already received a lump sum, an allowance or a gratuity under this Scheme or under any other scheme relating to superannuation or under any Act relating to superannuation service for the purposes of which is capable of being reckoned under this Scheme, unless in the case of a gratuity, having been entitled to repay such gratuity, he or she has done so,

• (c) any period in respect of which any contributions for superannuation have been returned to him or her, unless having been entitled to repay such contributions, he or she has done so,

• (d) any period before a date on which he or she was removed or discharged from his or her position for misconduct or for unfitness save—

• (i) where he or she is immediately appointed to or employed in a position service in which is capable of being reckoned under this Scheme, the date of such appointment or employment not being earlier than the 1st day of January, 1968, or

• (ii) as respects a person who is a pensionable officer on or after the 10th day of January, 1984, where he or she is either immediately or at a later date appointed to or employed in a position service in which is capable of being reckoned under this Scheme, and the local authority from whose service he or she was removed or discharged is satisfied that the service which he or she gave prior to such removal or discharge should be allowed to reckon,

• (e) being a person entitled to reckon under this Scheme service which is not under a local authority, any period of that service which he or she would have been unable to reckon if he or she had continued to hold the position in which he or she had that service,

• (f) any period before a date after the commencement of articles 5 to 28, being a date before the 10th day of January, 1984, on which he or she absents himself or herself from the place where he or she performs his or her duties under a local authority or refrains from performing those duties, such absence or refraining being deliberate and unauthorised.

• (2) Where a period of service of an officer of a local authority has, having regard to sub-article (1)(f), become forfeited—

• (a) the local authority shall give notice in writing of the forfeiture to the officer,

• (b) the officer may, not later than one month after notice has been given to him or her, appeal to the appropriate Minister against the forfeiture,

• (c) the appropriate Minister may either refuse the appeal or declare that all or part of the period of service shall be restored and, in the latter case, the said sub-article (1)(f) shall have subject to the declaration.

• (3) The provisions of sub-article (1)(d)(ii) shall be applied as respects a pensionable officer who ceased to hold office before the 10th day of January, 1984, for the purpose of determining with effect from the said 10th day of January, the amount of an allowance pursuant to articles 13 and 15, subject to the proviso that the amount of any additional allowance so payable shall be reduced by one-quarter where the provisions of article 28(10) apply.

9 Reckoning service of pensionable officer.

9.

9. (1) A pensionable officer of a local authority shall be entitled to reckon as service any of the following:

• (a) service as a pensionable officer of the local authority or of any other local authority, subject to the proviso that any period during which he or she shared a wholetime office under an approved job-sharing scheme shall be reckoned as one-half of that period,

• (b) service as a pensionable servant of the local authority or of any other local authority,

• (c) service during which he or she was a mental hospital officer or servant and which he or she was entitled to reckon as service for the purposes of Part VIII of the Act of 1945, or any earlier enactment corresponding to the said Part VIII,

• (d) service in a pensionable position under a harbour authority,

• (e) (i) service which is reckonable for the purposes of the Superannuation Acts (or which, had it continued until the commencement of section 7 of the Social Welfare Act, 1950 (No. 14 of 1950), would have been reckoned by virtue of that section and section 313 of the Social Welfare (Consolidation) Act, 1981 for the purposes of the Superannuation Acts) being service continuous with subsequent service as a pensionable officer or pensionable servant of the local authority or any other local authority or with subsequent service in a position in which service for the purposes of those Acts is reckonable,

• (ii) as respects a person who is a pensionable officer on or after the 1st day of November, 1977, service which is reckonable for the purposes of the Superannuation Acts (or which, had it continued until the commencement of section 7 of the Social Welfare Act, 1950 (No. 14 of 1950), would have been reckoned by virtue of that section and section 313 of the Social Welfare (Consolidation) Act, 1981 for the purposes of the Superannuation Acts) being service which is succeeded, either immediately or at a later date, by service as a pensionable officer or pensionable servant of the local authority or any other local authority,

• (f) service (to such extent as the Minister either generally or in any particular case may approve) in a pensionable position under a body approved of by the Minister for the purposes of this paragraph on the basis of being a body granting pension rights such that they and the pension rights provided for by this Scheme are reciprocal generally,

• (g) service as respects an officer of a vocational education committee or as respects a person who is a pensionable officer of a local authority on or after the 1st day of January, 1968 that consists of—

• (i) any period of pensionable service as a secondary or national school teacher other than any period, contributions being payable in respect of service during that period, in respect of which such contributions were not paid,

• (ii) any period as a secondary teacher that ceased before the latest date on which he or she could have opted for membership of the Secondary Teachers' Superannuation Schemes and that is certified by the Minister for Education as service that could have been reckoned as pensionable and gratuity service for the purpose of those Schemes, subject to compliance by the officer with such conditions (including payment of contributions to the local authority) as the Minister for Education requires as a condition of issuing such certificate,

• (iii) a period of not less than five years, or periods of not less than five years in the aggregate,—

• (I) which began after the officer attained the age of twenty-one years and ended before the 31st day of July, 1924, and

• (II) as respects which the Minister for Education is satisfied that during the whole period thereof such officer devoted the whole of his or her time under the direction of Conradh na Gaeilge to the teaching of the Irish language or to the organisation of such teaching, or

• (iv) as respects a person who is an officer of a vocational education committee on or after the 10th day of January, 1984, one-half of any period of wholetime service as a teacher with a day trades preparatory school which was grant-aided by the Minister for Education, given prior to the 1st day of September, 1960, where he or she was fully qualified as a vocational teacher and would have been entitled to reckon such service if it had been under a vocational education committee,

• (h) having been a servant of a local authority, service with the Defence Forces as respects which and to the extent to which the Minister, after consultation with the Minister for Defence, considers that it would have been service as a servant of the local authority, but for its being service with the Defence Forces,

• (i) service as a pensionable officer of a body established under the Health (Corporate Bodies) Act, 1961 to which this Scheme, or any scheme or regulations made under the Local Government (Superannuation) Act, 1980 , has been applied under that Act or other service which would be reckonable by such body for the purposes of his or her superannuation,

• (j) as respects a person who is a pensionable officer on or after the 1st day of January, 1970, not more than two years' emergency military service, not being service referred to in paragraph (h), where for such period the person—

• (i) held commissioned rank in the Defence Forces, or

• (ii) was serving as a soldier in the Defence Forces, or

• (iii) being an officer of the Reserve or a man of the Reserve was called out on permanent service in pursuance of section 221 of the Defence Forces (Temporary Provisions) Act, 1923 ,

subject to the proviso that a person shall not be entitled to reckon such service where he or she—

• (I) having been appointed to commissioned rank in the Defence Forces, was—

• (A) dismissed with ignominy from the Defence Forces, or

• (B) dismissed from the Defence Forces by sentence of a court-martial, or

• (C) dismissed under section 7 of the Defence Forces Act, 1937 , or

• (II) having been serving as a soldier in the Defence Forces, was—

• (A) discharged from the Defence Forces by sentence of a court-martial, or

• (B) discharged from the Defence Forces for any of the following reasons, namely, misconduct, wilfully making a false statement on attestation or conviction by the civil power, or

• (C) dismissed from the Defence Forces under the Emergency Powers (No. 362) Order, 1945, or under section 13 of the Defence Forces (Temporary Provisions) Act, 1946, or

• (III) was a person to or in respect of whom any payment was made under the Defence Forces (Pensions) Scheme, 1937, as amended, or the Army Pensions Acts, 1923 to 1980, unless such payment is refunded or reduced as the Minister may consider appropriate,

• (k) as respects a person who is a pensionable officer on or after the 1st day of January, 1970, not more than two years' service as a member of the army nursing service during the period beginning on the 2nd day of September, 1939 and ending on the 31st day of October, 1946, subject to the proviso that such service shall not be reckonable—

• (i) where pay as a member of the army nursing service was not payable to the person,

• (ii) where the person was dismissed from the army nursing service on the grounds of misconduct, or

• (iii) where the person was a person to or in respect of whom any payment was made under the Defence Forces (Pensions) Scheme, 1937, as amended, or the Army Pensions Acts, 1923 to 1980, unless such payment is refunded or reduced as the Minister may consider appropriate.

• (2) In paragraphs (a) and (e) of sub-article (1) "service as a pensionable officer" shall be deemed to include service—

• (a) which, at any time before the commencement of articles 5 to 28, the officer was entitled to reckon under Part II of the Act of 1948 (for this purpose section 13(1) of the Act of 1948 being regarded as having been enacted without paragraph (b)),

• (b) which the officer would, at any time before the commencement of articles 5 to 28, have been entitled to reckon under Part II of the 1948 if section 18 of that Act had been enacted with paragraph (b) omitted therefrom,

• (c) which, immediately before the commencement of articles 5 to 28, he or she was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him or her,

• (d) as respects a person who is a pensionable officer on or after the 1st day of January, 1968, which at any time before the commencement of articles 5 to 28 he or she was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him or her, not being service which he or she is entitled to reckon under paragraph (c), or

• (e) as respects a pensionable officer who ceased to hold office on or before the 31st day of December, 1967, which at any time before the commencement of articles 5 to 28 he or she was entitled to reckon under Part IV of the Act of 1925 or such Act passed before the Act of 1925 and relating to superannuation as may have applied to him or her, not being service which he or she is entitled to reckon under paragraph (c), for the purpose of determining with effect from the 1st day of January, 1968 the amount of an allowance pursuant to articles 13 and 15 subject to the following provisos:

• (i) that, with effect from the said 1st day of January, any period added pursuant to article 11(10) shall be disregarded, and

• (ii) that the amount of the additional allowance so payable pursuant to this sub-article shall be reduced by one-quarter in any case where the provisions of article 28(10) apply.

• (3) Where, as respects a pensionable officer,—

• (a) he or she had a period of service for the purposes of Part IV of the Act of 1925 or for the purposes of such Act passed before the Act of 1925 and relating to superannuation as may have applied to him or her, and

• (b) the period specified in paragraph (a) was immediately succeeded by a period of service in a position service in which is, apart from sub-article (2), capable of being reckoned under this Scheme,

such person shall, as respects the period specified in paragraph (a), be entitled to reckoned it as service.

• (4)
• (a) Where as respects a person who is a pensionable officer on or after the 1st day of January, 1968—

• (i) he or she had a period of service for the purposes of Part IV of the Act of 1925 or for the purposes of such Act passed before the Act of 1925 and relating to superannuation as may have applied to him or her, and

• (ii) the period specified in subparagraph (i) was at any time succeeded by a period of service in a position service in which is, apart from sub-article (2) or (3), capable of being reckoned by him or her under this Scheme,

such person shall, as respects the period specified in paragraph (a), be entitled to reckon it as service.

• (b) The provisions of paragraph (a) shall be applied for the purpose of determining with effect from the 1st day of January, 1968 the amount of an allowance pursuant to articles 13 and 15 in relation to a pensionable officer who ceased to hold office on or before the 31st day of December, 1967, subject to the provisos—

• (i) that, with effect from the said 1st day of January, any period added pursuant to article 11(10) shall be disregarded, and

• (ii) that the amount of the additional allowance so payable pursuant to this sub-article shall be reduced by one-quarter in any case where the provisions of article 28(10) apply.

• (5)
• (a) Where a person is a pensionable officer on or after the 1st day of January, 1968 he or she shall be entitled to reckon as service—

• (i) a continuous or substantially continuous period of wholetime service as a temporary officer of a local authority,

• (ii) a period of wholetime unestablished service in the civil service rendered after attaining the age of sixteen years,

• (iii) a period of service which is partly of the kind referred to at (i) and partly of the kind referred to at (ii) where such parts are continuous with each other,

where such periods were immediately succeeded by service which is capable of being reckoned as service under this Scheme.

• (b) The provisions of paragraph (a) shall be applied for the purpose of determining, with effect from the 1st day of January, 1968, the amount of an allowance pursuant to articles 13 and 15 in relation to a pensionable officer who ceased to hold office on or before the 31st day of December, 1967, subject to the provisos—

• (i) that, with effect from the said 1st day of January, any period added pursuant to article 11(8) shall be disregarded, and

• (ii) that the amount of the additional allowance so payable pursuant to this sub-article shall be reduced by one-quarter in any case where the provisions of article 28(10) apply.

• (c) In this sub-article "substantially continuous period" means two or more periods of temporary wholetime service as an officer of a local authority which were interrupted by a break or breaks of service and, for this purpose, service of the following kinds shall not be regarded as breaks of service

— part-time or wholetime established or unestablished service in the civil service rendered after attaining the age of sixteen years,

— as a wholetime servant of a local authority,

— with a body or bodies which are approved by the Minister either for the purposes of sub-article (1)(f) or article 33(1)(f),

— with the Defence Forces,

— as a superintendent or assistant superintendent registrar of births, deaths and marriages or as a registrar of marriages,

— such other service as the Minister may specify,

subject to the proviso that any period shall not be reckonable which occurred before a break of service, or a number of such breaks, the duration of which was in the whole or in the aggregate—

• (i) in case the officer ceased to hold office before the 16th day of February, 1973, more than three hundred and sixty five days, and

• (ii) in case the officer ceased to hold office on or between the 16th day of February, 1973 and the 31st day of May, 1974, more than three years.

• (6)
• (a) Where a person is a pensionable officer on a date on or after the 1st day of June, 1974, he or she shall be entitled to reckon as service—

• (i) periods of wholetime service as a temporary officer of a local authority, and

• (ii) periods of wholetime unestablished service in the civil service rendered after attaining the age of sixteen years,

being service which is not reckonable as service under sub-article (5), provided such periods were succeeded, whether immediately or not, by a period of service in a position service in which is capable of being reckoned under this Scheme.

• (b) The provisions of paragraph (a) shall be applied for the purposes of determining, with effect from the 1st day of June, 1974, the amount of an allowance pursuant to articles 13 and 15 in relation to a pensionable officer who ceased to hold office on or before the 31st day of May, 1974, subject to the provisos—

• (i) that, with effect from the said 1st day of June, any period added pursuant to article 11(8) shall be disregarded, and

• (ii) that the amount of the additional allowance payable pursuant to this sub-article shall be reduced by one-quarter in any case where the provisions of article 28(10) apply.

• (7) Subject to article 11(9), where a person is a pensionable officer on a date on or after the 1st day of January, 1968, he or she shall be entitled to reckon as service periods of wholetime service which he or she had while employed as a personal assistant by an officer of a local authority under an arrangement approved of by that local authority provided such periods were succeeded, whether immediately or not, by a period of service in a position service in which is capable of being reckoned under this Scheme.

• (8) In sub-article (1)(b) "service as a pensionable servant" shall be deemed to include service (being service which, apart from this sub-article, would not be service as a pensionable servant) as a servant of a local authority which is service that the officer would have been entitled to reckon for superannuation purposes if he or she had continued to be such servant.

• (9) Notwithstanding the provisions of section 63(5) of the Act of 1945, a pensionable officer to whom the provisions of that section apply may elect to have the provisions of sub-article (5)(a) or (6)(a) applied to him or her in lieu of the provisions of the said section 63(5).

• (10)
• (a) The provisions of paragraphs (j) and (k) of sub-article (1) shall be applied for the purpose of determining with effect from the 1st day of January, 1970 the amount of an allowance pursuant to articles 13 and 15 in relation to a pensionable officer who ceased to hold office on or before the 31st day of December, 1969, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter where the provisions of article 28(10) apply.

• (b) For the purposes of paragraphs (j) and (k) of sub-article (1)

"the Act of 1923" means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923);

"the army nursing service" means the nursing service established under the Act of 1923;

"the Army" means the forces established under Part I of the Act of 1923;

"the Defence Forces" means the forces established under Part I and Part III of the Act of 1923;

"emergency military service" means any period during which a person described in sub-article (1)(j) was a member (whether as an officer or a soldier) of the Defence Forces and which—

• (i) falls within the period beginning on the 2nd day of September, 1939, and ending on the 31st day of October, 1946,

• (ii) is not a period in respect of which the person was not entitled to Army pay or, being an officer of the Reserve or a man of the Reserve, was not on permanent service;

"the Reserve" has the meaning assigned to it by section 3 of the Act of 1923.

• (11) The provisions of sub-article (1)(g)(iv) shall be applied for the purpose of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to articles 13 and 15 in relation to a pensionable officer who ceased to hold office before the 10th day of January, 1984, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter where the provisions of article 28(10) apply.

10 Pensionable local service of pensionable officer.

10.

10. (1) For the purposes of this Chapter, the pensionable local service of a pensionable officer at any time shall, subject to sub-article (3)(b), be the period or the aggregate of the periods which under articles 5 to 28 he or she is entitled at that time to reckon as service.

• (2) Notwithstanding sub-article (1) and subject to sub-article (3)(a), where the period or the aggregate of the periods which under articles 5 to 28 a pensionable officer who is a fire brigade officer or whose name is entered in a register maintained under section 65 of the Act of 1945 is entitled to reckon as service is more than twenty and one-half years, then, for the purposes of articles 5 to 28, the pensionable local service of such officer shall be that period or aggregate together with the excess of that period or aggregate over twenty years.

• (3)
• (a) Where a pensionable officer of a local authority who becomes a fire brigade officer or whose name is entered in a register maintained under section 65 of the Act of 1945, on or after the 1st day of January, 1986, had a period or periods of service other than as a fire brigade officer or as an officer whose name was entered in the said register maintained under section 65 the Act of 1945, or in a position in respect of which he or she was not otherwise eligible for enhanced credit under a provision which corresponds to sub-article (2) which he or she is entitled to reckon as service under articles 5 to 28, then for the purposes of articles 5 to 28 such service shall either—

• (i) be reduced by one-quarter before the provisions of sub-article (2) are applied to him or her, or

• (ii) be reckoned at its actual length, in which case the provisions of sub-article (2) shall not apply,

whichever is the more favourable to him or her.

(b)Where a pensionable officer of a local authority, not being a fire brigade officer or an officer whose name is entered in a register maintained under section 65 of the Act of 1945, had a period or periods of service which he or she is entitled to reckon as service under articles 5 to 28 during which he or she was a fire brigade officer or his or her name was entered in a register maintained under section 65 of the Act of 1945, or he or she was otherwise eligible for enhanced credit under a provision which corresponds to sub-article (2), such service shall, where the last such period ended on or after the 1st day of January, 1986, be increased by one-third for the purposes of sub-article (1).

11 Additions to pensionable local service of pensionable officer.

11.

11. (1) Where a pensionable officer of a local authority has not less than ten years of pensionable local service and—

• (a) he or she is removed from office for a cause other officer than misconduct or unfitness,

• (b) his or her office is abolished, or

• (c) his or her position has been materially altered to his or her detriment by changes in its conditions made without reasonable cause and he or she resigns his or her office,

the local authority may, if they so think fit, add to his or her pensionable local service a period not exceeding—

• (i) if his or her pensionable local service is twenty years or more — ten years,

• (ii) if his or her pensionable local service is less than twenty years — half that service.

• (2) Where a pensionable officer of a local authority whose pensionable local service is ten years or more ceases to hold his or her office otherwise than by removal for misconduct or unfitness, the local authority may, if they so think fit, add to his or her pensionable local service a period not exceeding ten years or, where a period has been added under sub-article (1), not exceeding the difference between that period and ten years, but such an addition shall not be made save in the circumstances set out in sub-articles (3) to (14).

• (3) A local authority may, if they so think fit, add less than the maximum period permitted in accordance with this article.

• (4) Notwithstanding anything contained in any other sub-article, the following provisions shall apply to the addition of a period to the pensionable local service of an officer:—

• (a) a period shall not be added save for the purpose of the calculation of a lump sum under article 14 and an allowance under article 15;

• (b) a period added in accordance with sub-article (8) which is regarded as pensionable local service shall not have the effect, in the case of a gratuity, of making the pensionable local service of an officer greater than five years;

• (c) a period shall not be added where the service of an officer amounts to forty years or more;

• (d) a period shall not be added so as to make the service of an officer greater than forty years;

• (e) where the pensionable remuneration of an officer (not being a rate collector) consists of salary and fees, and the amount of the fees during the last three years of his or her service was, in the opinion of the local authority, considerably greater than in the preceding period of three years, the period added to the pensionable local service of the officer shall not be such as to make the allowance payable to him or her under this Chapter greater than it would be if—

• (i) his or her service were forty years, and

• (ii) the fees were disregarded for the purpose of calculating his or her pensionable remuneration, or

• (iii) his or her salary were an inclusive salary, inclusive of fees, of an amount equal to the salary appertaining to other offices of the same class, description and grade the holders of which are in receipt of an inclusive salary.

• (5)
• (a) Subject to sub-article (14), where a pensionable officer of a local authority retires from an office which is—

• (i) an office to which, at the time of the retirement, the Act of 1926 applies (or would have applied but for the substitution in section 2 thereof of the amendment effected by section 11 of the Local Government Act, 1998 (No. 16 of 1998)) because the qualifications of the office are professional,

• (ii) an office of part-time dispensary midwife and the officer is a person whose name is entered in the register under article 28, or

• (iii) an office of city or county manager, assistant city or county manager or director of services, chief executive officer or programme manager of a health board or the office of Personnel Officer, Dublin Corporation, and the date of the officer's appointment to such office or during a continuous period of service to any office referred to in this subparagraph is not earlier than the 22nd day of March, 1971,

the local authority may, subject to paragraph (c), add to his or her pensionable local service a period not exceeding one-third of such service.

• (b) Where a pensionable officer of a local authority retires from an office of city or county manager or assistant city or county manager, and the date of the officer's appointment to such office or during a continuous period of service to any office referred to in this paragraph is earlier than the 22nd day of March, 1971, the local authority may, subject to paragraph (c), add to his or her pensionable local service a period equivalent to one-half of the period referred to in paragraph (a).

• (c) A period added because of any of the circumstances referred to in this sub-article shall, in the case of an officer who retired otherwise than because of permanent infirmity of mind or body before attaining the age of sixty-five years, be reduced by the period by which his or her age at retirement falls short of sixty-five years.

• (6)
• (a) Where a pensionable officer of a local authority retires because of permanent infirmity of mind or body before attaining the age limit for the office or, in case there is no age limit, before attaining the age of sixty-five years, the local authority may add to his or her pensionable local service a period not exceeding five years or half of the difference between such service (together with any period added in accordance with sub-articles (5), (8), (9) and (10)) and forty years (whichever is the greater).

• (b) A period added in respect of retirement because of permanent infirmity of mind or body shall not be such as to make the service of the officer for the purposes of articles 5 to 28 greater than his or her pensionable local service, together with any period added under this article, would be if he or she were to continue in office until he or she attained the age of sixty-five years.

• (c) A period shall not be added in respect of retirement because of permanent infirmity of mind or body if the infirmity of the officer is caused by his or her own default.

• (d) A period shall not be added in respect of retirement because of permanent infirmity of mind or body unless the local authority are satisfied that the infirmity is permanent and is such as to prevent the officer from discharging his or her duties with reasonable efficiency and unless the officer gives to the local authority a certificate of a medical practitioner specifying the nature of the infirmity, the extent to which the officer is incapacitated and stating the opinion of the medical practitioner as to the permanency of the incapacity.

• (7) Where a pensionable officer of a local authority—

• (i) retires from an office on account of an age-limit and it had not been a condition of his or her appointment that he or she should retire at that age, or

• (ii) retires from an office on or after the 1st day of January, 1968 on account of an age-limit and he or she has at his or her retirement served in a pensionable capacity in an office or offices under a local authority or local authorities continuously with service in a pensionable capacity in an office under a local authority in which it had not been a condition of his or her appointment that he or she should retire at that age,

the following provisions shall apply—

• (I) where he or she retires within four years of the first coming into operation of an age limit for the office, the local authority may add to his or her pensionable local service a period not exceeding one-half of the difference between his or her pensionable local service (together with any period added in accordance with sub-articles (5), (8), (9) and (10)) and forty years or a period not exceeding five years (whichever is the greater), or

• (II) where he or she retires four years or more after the first coming into operation of an age limit for the office, the local authority may add to his or her pensionable local service a period not exceeding whichever of the following periods is the greater:—

• (A) one-quarter of the difference between his or her pensionable local service (together with any period added in accordance with sub-articles (5), (8), (9) and (10)) and forty years, or

• (B) whichever is the greater of the following, viz., five years or one-half of the difference between his or her pensionable local service (together with any period added in accordance with sub-articles (5), (8), (9) and (10)) and forty years, the said five years and the said half being reduced by one year in respect of each six months and any odd period of less than six months during which he or she was an officer of a local authority between the fourth anniversary of the first coming into operation of an age-limit for the office and his or her retirement.

• (8)
• (a) Where—

• (i) during a period or continuous periods, an officer held an office or offices under a local authority or local authorities in a temporary capacity,

• (ii) the period or periods would have been reckonable under this Scheme if he or she had held the office or offices during the period or periods in a permanent capacity, and

• (iii) the period or periods was or were continuous with and immediately preceding service as an officer of a local authority reckonable under this Scheme,

the local authority may add to his or her pensionable local service a period not exceeding one-half the first-mentioned period or periods.

• (b) Paragraph (a) shall not apply in relation to any period of service which is reckonable as service pursuant to sub-article (5)(a) or (6)(a) of article 9.

• (9)
• (a) Where a person, before the commencement of articles 5 to 28, was employed as a personal assistant by an officer of a local authority under an arrangement approved of by that local authority and the period of that employment was continuous with and preceded service as an officer of a local authority reckonable under this Scheme, the local authority may add to his or her pensionable local service a period not exceeding one-half the first-mentioned period or periods.

• (b) Paragraph (a) shall not apply in relation to any period of service which is reckoned as service pursuant to article 9(7).

• (10)
• (a) Where a pensionable officer of a local authority, before the commencement of articles 5 to 28, held an office in a permanent capacity for a period that would have been reckonable for the purposes of this Scheme had it been immediately succeeded by service reckonable under this Scheme, the local authority may add to his or her pensionable local service a period not exceeding one-half of the first-mentioned period.

• (b) Paragraph (a) shall not apply in relation to any period of service which is reckoned as service pursuant to paragraph (d) or (e) of sub-article (2) or sub-article (4) of article 9.

• (11) Where the aggregate service of a pensionable officer amounts to a number of completed years and a fraction of a year exceeding three-quarters, the local authority may add such period as will make a completed number of years of service.

• (12) A local authority may, if they so think proper, add a period in accordance with sub-article (8) notwithstanding that the officer has less pensionable local service than ten years, and such period so added as is necessary for the purpose of bringing the officer's pensionable local service up to five years in the case of a gratuity or ten years in the case of any allowance and lump sum may be regarded as pensionable local service for that purpose.

• (13) The provisions of sub-article (7)(ii) shall be applied with effect from 1st day of January, 1968, in the case of an officer who retired before that date, on account of an age-limit, where his or her service as a pensionable officer comes within the case referred to in sub-article (7)(ii), for the purpose of increasing the amount of allowance payable to him or her pursuant to articles 13 and 15, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter where the provisions of article 28(10) apply.

• (14) Where, on or after the 1st day of January, 1985, a pensionable officer of a local authority, other than a pensionable officer referred to in sub-article (5), retires from an office the qualifications for which are professional, technical or specialist the local authority may, subject to the sanction of, and in accordance with such conditions, including conditions relating to contributions, as may be determined by, the Minister, add a period to his or her pensionable local service.

• (15) For the purposes of this article—

"the Act of 1926" means the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926).

12 Service of pensionable officer at termination of office.

12.

12. For the purposes of articles 5 to 28, the service of a pensionable officer at the termination of office shall be his or her pensionable local service together with any additional years added under article 11.

13 Grant of lump sum and allowance to pensionable officer on his or her ceasing to hold office.

13.

13. (1) Where—

• (a) a pensionable officer of a local authority ceases to hold office and is not employed in another position service in which is capable of being reckoned under this Scheme, and

• (b) the local authority either are of opinion that in general he or she has served in such office with diligence and fidelity and to their satisfaction or, not being of that opinion, they nevertheless decide that, in the special circumstances of the case, he or she should be granted a reduced lump sum and allowance,

the local authority shall grant him or her a lump sum and allowance in any of the cases specified in sub-article (2).

• (2) The cases referred to in sub-article (1) are the following:

• (a) where the officer has ceased to hold office otherwise than by removal and—

• (i) he or she has attained the age of sixty years and has not less than twenty years of pensionable local service,

• (ii) he or she is a fire brigade officer or his or her name is entered in a register maintained under section 65 of the Act of 1945, has attained the age of fifty-five years and has not less than twenty years of pensionable local service, or

• (iii) he or she has become incapable of performing his or her duties by reason of permanent infirmity of mind or body and has not less than ten years of pensionable local service;

• (b) where the officer was removed from office for a cause other than misconduct or unfitness and has not less than ten years of pensionable local service;

• (c) where the office of the officer was abolished and he or she has not less than ten years of pensionable local service;

• (d) where the position of the officer was materially altered to his or her detriment by changes in its conditions made without reasonable cause and he or she resigned from office having not less than ten years of pensionable local service;

• (e) where the officer has ceased to hold office on account of having attained the age-limit therefor and has not less than ten years of pensionable local service,

subject to the exclusion of any case, being a case such as is specified in paragraph (b) or (c), in which the officer was removed or resigned from office under section 24 of the Local Government Act, 1941 (No. 23 of 1941), or that section as amended by section 17 of the Local Government Act, 1955 (No. 9 of 1955), in circumstances such that subsection (2) of the said section 24 does not, by virtue of subsection (3) of that section, apply.

• (3)
• (a) (i) Notwithstanding sub-article (1) and articles 18, 19 and 277 the grant of a lump sum, allowance or other gratuity to or in respect of a manager who ceases to hold office on or after the 1st day of December, 1991 shall be a function of the Minister and such lump sum, allowance or other gratuity granted by the Minister shall be paid by the local authority with which the manager was pensionable on the date he or she ceased to hold office.

• (ii) Notwithstanding article 281, there shall be no right of appeal under that article against the amount of a lump sum, allowance or other gratuity granted to or in respect of a manager pursuant to paragraph (a) of this sub-article.

• (b) In consequence of the provisions of paragraph (a)—

• (i) section 8(1)(j) of the Cork City Management Act, 1929 (No. l of 1929) is hereby amended by the deletion of the words "and the granting of an allowance or gratuity to the Manager on his ceasing to be the Manager",

• (ii) section 51(1)(j) of the Local Government (Dublin) Act, 1930 (No. 27 of 1930) is hereby amended by the deletion of the words "and the granting of an allowance or gratuity to the manager on his ceasing to be the manager",

• (iii) section 12(1)(j) of the Limerick City Management Act, 1934 (No. 35 of 1934) is hereby amended by the deletion of the words "and the granting of an allowance or gratuity to the manager on his ceasing to be the manager",

• (iv) section 11(1)(j) of the Waterford City Management Act, 1939 (No. 25 of 1939) is hereby amended by the deletion of the words "and the granting of an allowance or gratuity to the manager on his ceasing to be the manager", and

• (v) paragraph 21 of the Second Schedule to the County Management Act, 1940 (No. 12 of 1940) is hereby deleted.

14 Determination of lump sum granted to pensionable officer.

14.

14. (1) The amount of the lump sum to be granted under article 13 to a pensionable officer shall be equal to—

• (a) one-thirtieth of his or her pensionable remuneration multiplied by the number of whole years in his or her service at the termination of office, any odd fraction of a whole year being disregarded, or

• (b) one and one-half times his or her pensionable remuneration, whichever is the less.

• (2) Where section 37(6) of the Act of 1948 applied in respect of a pensionable officer, in any application to him or her of sub-article (1), that sub-article shall be construed as if it provided that the lesser sum therein referred to should be increased by one-half per cent. of that sum multiplied by the number of whole years referred to in the said section 37(6).

15 Determination of allowance granted to pensionable officer.

15.

15. The allowance to be granted under article 13 to a pensionable officer on his or her ceasing to hold office shall be—

• (a) an allowance at the rate per annum of one-eightieth of his or her pensionable remuneration multiplied by the number of whole years in his or her service at the termination of office, any odd fraction of a whole year being disregarded, or

• (b) an allowance at the rate per annum of one-half of his or her pensionable remuneration,

whichever is the less.

16 Reductions of lump sum and allowance of pensionable officer for unsatisfactory service.

16.

16. (1) Where a local authority decide under article 13 that a pensionable officer shall be granted a reduced lump sum and allowance the following provisions shall apply:

• (a) subject to the provisions of sub-article (2), as respects a person who ceased to hold office as a pensionable officer before the 10th day of January, 1984, the amount of the lump sum and the rate per annum of the allowance granted to him or her under article 13 shall be reduced below the amount and rate that would be appropriate therefor under articles 14 and 15 and to an extent not less than fifty per cent., and

• (b) as respects a person who is a pensionable officer on or after the 10th day of January, 1984, either,

• (i) the amount of the lump sum that would be appropriate under article 14 shall be reduced by the amount of any loss of funds to the local authority for which the person is culpable and, in addition, where the amount of the loss of funds is greater than the amount of the lump sum, payment of the allowance that would be appropriate under article 15 shall be suspended until such time as the total loss is recovered by the local authority, or

• (ii) the lump sum and allowance shall be reduced by such amount as the local authority in the special circumstances of the case consider proper.

• (2) Where it is favourable to him or her, the provisions of sub-article (1)(b) shall be applied in relation to a pensionable officer who was granted a reduced lump sum and allowance under article 13 and who ceased to hold office before the 10th day of January, 1984, with effect from the 10th day of January, 1984, or, where the provisions of sub-article (1)(b)(i) are applied, from a date, not earlier than the said 10th day of January, on which the total loss of funds is recovered by the local authority, for the purpose of determining the rate of allowance under article 15.

17 Grant of short service gratuity to pensionable officer.

17.

17. (1) Where a pensionable officer of a local authority having not less than one year and less than five years of pensionable local service ceases to hold office, the local authority shall, in any of the cases specified in sub-article (3), grant to him or her a gratuity of such amount, not exceeding one-twelfth 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, as they consider proper.

• (2) Where a pensionable officer of a local authority having not less than five years and less than ten years of pensionable local service ceases to hold office, the local authority shall, in any of the cases specified in sub-article (3), grant to him or her a gratuity of such amount, not exceeding his or her pensionable remuneration, as they consider proper.

• (3) The cases referred to in sub-articles (1) and (2) are the following:

• (a) where the officer has ceased to hold office on account of being incapable of performing his or her duties by reason of permanent infirmity of mind or body;

• (b) where the officer was removed from office for a cause other than misconduct or unfitness;

• (c) where the office of the officer was abolished;

• (d) where the officer has resigned in a case in which his or her position was materially altered to his or her detriment by changes in its conditions made without reasonable cause,

subject to the exclusion of any case, being a case such as is specified in paragraph (b) or (c), in which the officer was removed or resigned from office under section 24 of the Local Government Act, 1941 (No. 23 of 1941), or that section as amended by section 17 of the Local Government Act, 1955 (No. 9 of 1955), in circumstances such that subsection (2) of the said section 24 does not, by virtue of subsection (3) of that section, apply.

18 Grant of gratuity in respect of deceased pensionable officer.

18.

18. (1) Where a pensionable officer of a local authority dies in office having not less than one year and less than five years of pensionable local service the local authority shall grant to his or her legal personal representative a gratuity of such amount, not exceeding one-twelfth 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, as they consider proper.

• (2) Where a pensionable officer of a local authority dies in office having not less than five years of pensionable local service the local authority shall grant to his or her legal personal representative a gratuity of an amount equal to—

• (a) one-thirtieth of his or her pensionable remuneration multiplied by the number (subject to a maximum of forty-five) of whole years in his or her pensionable local service, any odd fraction of a whole year being disregarded, or

• (b) his or her pensionable remuneration,

whichever is the greater.

• (3) Notwithstanding the provisions of sub-articles (1) and (2), the gratuity may, as respects a pensionable officer of a local authority who dies in office on or after the 1st day of January, 1986 and who is married at the date of death, be granted at the discretion of the local authority to the widow or widower, as appropriate.

19 Grant of gratuity in respect of deceased grantee under article 13.

19.

19. Where a person, who was a pensionable officer of a local authority and who was granted under article 13 a lump sum and allowance on ceasing to hold office, dies before the total of all the sums received by him or her on foot of the lump sum and allowance is equal to his or her pensionable remuneration, the local authority shall grant to his or her legal personal representative, or, if he or she dies on or after the 1st day of January, 1986, at the discretion of the local authority, to the widow, widower or legal personal representative, as appropriate, a gratuity equal to the difference between the said total amount and the said pensionable remuneration.

20 Grant of gratuity to female pensionable officer on marriage.

20.

20. Where a female pensionable officer of a local authority who has not less than five years of pensionable local service, having ceased to hold office by reason of her marriage or intended marriage, produces, before the expiration after such cesser of three months or such longer period as the local authority in the circumstances of the particular case consider reasonable, to the local authority a marriage certificate showing that she has been married, the following provisions shall have effect:

• (a) if the local authority are of opinion that she has served in her office with diligence and fidelity and to their satisfaction, the local authority shall grant to her a gratuity of an amount equal to—

• (i) one-twelfth of her pensionable remuneration multiplied by the number of whole years in her pensionable local service, any odd fraction of a whole year being disregarded, or

• (ii) her pensionable remuneration,

whichever is the less;

• (b) if the local authority, although not being of opinion that she has served in her office with diligence and fidelity and to their satisfaction, nevertheless decide that, in the special circumstances of the case, she should be granted a reduced gratuity, they shall grant to her a gratuity of an amount equal to the amount that would be appropriate under paragraph (a) reduced—

• (i) as respects a person who ceased to hold office as a female pensionable officer before the 10th day of January, 1984, to such extent, not less than fifty per cent., as they consider proper, and

• (ii) as respects a person who is a female pensionable officer on or after the 10th day of January, 1984, either—

• (I) by the amount of any loss of funds to the local authority for which the person is culpable, or

• (II) by such amount as the local authority in the special circumstances of the case consider proper.

21 Superannuation of certain managers.

21.

21. (1) Where pursuant to section 47 of the Local Government Act, 1991 , a manager ceases to hold office before he or she has attained the age of sixty-five years and he or she is not re-appointed to such office or appointed to any other office of manager pursuant to the provisions of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), as extended by the provisions of the City and County Management (Amendment) Act, 1955 (No. 12 of 1955), or he or she does not otherwise become a registered officer of a local authority, the following provisions shall apply:

• (a) there shall be added to his or her pensionable local service a period not exceeding—

• (i) if his or her pensionable local service is twenty years or more — ten years, and

• (ii) if his or her pensionable local service is less than twenty years and not less than ten years — half that pensionable local service, subject to the provisos—

• (I) that a period shall not be added so as to make his or her service greater than forty years,

• (II) that his or her pensionable local service, together with the additional period provided for in this paragraph, shall not exceed the pensionable local service which he or she would have had if he or she had continued to serve to the age of sixty-five years, and

• (III) that the aggregate of any period added under article 11(5) and the additional period provided for in this paragraph shall not exceed ten years,

• (b) article 11(5)(c) shall not apply;

• (c) there shall be granted to him or her a special severance gratuity amounting to—

• (i) one-half of his or her annual rate of salary at the date of cesser of office, or

• (ii) the aggregate of the payments of salary which would have been made to him or her if he or she had continued to serve to the age of sixty-five years,

whichever is the less, and

• (d) there shall be granted to him or her a lump sum and allowance with effect from the date he or she ceases to hold office, determined in accordance with articles 14 and 15.

• (2) Where a person to whom the provisions of sub-article (1) are applied subsequently becomes a registered officer of a local authority—

• (a) the allowance granted to him or her shall cease to be paid with effect from the date he or she becomes such registered officer,

• (b) on or prior to becoming such registered officer there shall be repayable by him or her to the relevant local authority the amount determined by the formula,

A x B , where—

C

A is the sum of the special severance gratuity granted to him or her under sub-article (1)(c) and the lump sum granted to him or her under sub-article (1)(d),

B is the pensionable remuneration which would have applied to him or her if he or she had ceased to hold office on the date he or she becomes such registered officer, and

C is the pensionable remuneration which applied to him or her on the date he or she ceased to hold office, and

• (c) for the purposes of article 8(1)(b) such person shall not be regarded as having received a lump sum and allowance.

22 Pensionable officers granted special leave without pay to take up appointments with institutions of the European Communities.

22.

22. (1)Where a pensionable officer of a local authority is granted special leave without pay by the local authority, with the consent of a Minister of the Government, in order to take up after the 31st day of December, 1972, an appointment with an institution of the European Communities and such special leave ceases by reason of his or her return to a position in the local authority, he or she shall be entitled to reckon as service the period of service with such institution which was actual service reckonable for the purposes of the institution's pension scheme where—

• (a) he or she is not awarded a pension, preserved pension, severance gratuity, compensation payment, or any equivalent benefit from the institution, and

• (b) the institution makes an agreed payment to the local authority in respect of the service.

• (2) Where a pensionable officer of a local authority takes up an appointment with an institution of the European Communities in the circumstances described in paragraph (a) and leaves the employment of the institution before he or she attains sixty years of age, otherwise than because of dismissal or redundancy, and he or she does not return to a position in the local authority, the provisions of article 77 shall apply in his or her case, subject to the condition that his or her pensionable local service for the purposes of the said article 77 shall be his or her pensionable local service on his or her last day of such service with the local authority prior to taking up his or her appointment with the institution, and—

• (a) he or she agrees to have the provisions of Chapter 3 of this Part applied to him or her in the same way as they would have applied to him or her if he or she had exercised the option provided for under article 85,

• (b) he or she ceases to hold office in the local authority by reason of his or her resignation therefrom with effect from the date on which he or she ceased to hold employment with the institution, and

• (c) he or she does not become employed in a position service in which is capable of being reckoned under this Scheme.

• (3) Where a pensionable officer of a local authority takes up an appointment with an institution of the European Communities in the circumstances described in paragraph (a) and he or she dies while in the service of the institution before his or her special leave without pay terminates the following provisions shall apply:

• (a) an amount not greater than an amount equal to one-thirtieth of the equivalent at the date of death, of his or her pensionable remuneration on his or her last day of reckonable service with the local authority prior to taking up his or her appointment with the institution multiplied by the number of whole years of his or her pensionable local service, or forty-five, whichever is the less, will be paid by the local authority to his or her legal personal representative, or, if he or she dies on or after the 1st day of January, 1986, at the discretion of the local authority, to the widow, widower or legal personal representative, as appropriate, and

• (b) article 18 will not apply in relation to him or her.

• (4) Where a pensionable officer of a local authority takes up an appointment with an institution of the European Communities in the circumstances described in paragraph (a) and the person is serving in the institution when he or she attains sixty years of age, the following provisions shall apply:

• (a) the following benefits will be payable with effect from the date of his or her sixtieth birthday, or, in case his or her special leave without pay terminates after that date, the date of such termination, namely—

• (i) an annual allowance of one-eightieth of the equivalent, on such date, of his or her pensionable remuneration on his or her last day of reckonable service with the local authority prior to taking up his or her appointment with the institution multiplied by the number of whole years of his or her pensionable local service or forty, whichever is the less, and

• (ii) a lump sum of one-thirtieth of the equivalent, on such date, of his or her pensionable remuneration on his or her last day of reckonable service with the local authority prior to taking up his or her appointment with the institution multiplied by the number of whole years of his or her pensionable local service or forty-five, whichever is the less,

provided that the officer has ceased to hold office with the local authority by reason of his or her resignation therefrom with effect from the date on which he or she attains sixty years of age or in case his or her special leave without pay terminates after that date, the date of such termination,

• (b) the said benefits shall be in lieu of any payments which apart from this sub-article might otherwise fall due to be paid to or in respect of him or her under this Chapter.