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

• (5)
• (a) Where a pensionable officer of a local authority takes up an appointment with an institution of the European Communities in the circumstances described in sub-article (1) and the local authority, after consultation with the Minister, are subsequently satisfied that, that appointment having been terminated, such termination is due to redundancy, and the person applies to return to his or her position in the local authority, the following provisions shall apply:

• (i) he or she may, if the local authority, after consultation with the Minister, are satisfied that there are special reasons for so doing, and he or she ceases to hold office with the local authority by reason of his or her resignation therefrom, be deemed to have returned to his or her position in the local authority on the day following his or her last day of service with the institution and to have ceased to hold office with the local authority in the circumstances referred to in article 13(2)(c) on that day, and

• (ii) if he or she is so deemed to have returned to his or her position in the local authority, the said day shall not constitute pensionable local service.

• (b) In determining the amount of an annual allowance or a lump sum which may be granted to a person who by virtue of paragraph (a) is deemed to have returned to his or her position in the local authority on the day following his or her last day of service with the institution and to have ceased to hold office with the local authority in the circumstances referred to in article 13(2)(c) on that day, the local authority, with the consent of the Minister, shall be entitled to take account of any compensation received by the person by virtue of such termination of his or her appointment with the relevant institution.

• (6) For the purposes of this article—

"the European Communities" means the European Community, the European Coal and Steel Community and the European Atomic Energy Community;

"an agreed payment" means a payment in respect of a period of actual service with an institution of the European Communities which is agreed with that institution by the local authority, with the consent of the Minister;

23 Contributions by pensionable officers.

23.

23. (1) Subject to the following provisions of this article, a pensionable officer of a local authority shall contribute to such local authority for the purposes of articles 5 to 28 at the rate of five per cent. of—

• (a) his or her annual rate of salary, and

• (b) the annual value of his or her emoluments,

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

• (2)
• (a) An officer or former officer of a local authority who, pursuant to sub-articles (5), (6) and (7) of article 9, becomes entitled to reckon a period or periods of wholetime service as a temporary officer of a local authority, shall contribute to his or her employing local authority for the purposes of the said sub-articles (5), (6) and (7) at the rate of—

• (i) two and one-half per cent. of the aggregate salary and value of his or her emoluments, if any, which he or she received for so much of such period or periods as occurred between the 1st day of April, 1948 and the 31st day of December, 1985, and

• (ii) five per cent. of the aggregate salary and value of his or her emoluments, if any, which he or she received for so much of such period or periods as occurred on or after the 1st day of January, 1986,

together with, in each case where the contribution is not paid within three years of the date of notification to him or her by the local authority of the amount of such contribution, being a date not earlier than the 1st day of January, 1986, an additional sum, calculated on a basis to be determined by the Minister in respect of compound interest to accrue from the date of such notification to the date of payment of the contribution.

• (b) Save where an agreement pursuant to article 280 applies, where contributions are received by a local authority under paragraph (a) and any amount so received is in respect of service under another local authority or local authorities the first-mentioned local authority shall transfer such amount to the local authority or local authorities under which the service occurred.

• (3) The contribution to be made by a pensionable officer of a local authority under this article may be obtained by such local authority by means of periodical deductions from his or her salary and emoluments, but, if any such deduction proper to be made by a local authority from his or her salary and emoluments is not made, such local authority may, without prejudice to any other remedy, recover the amount by retaining it out of any sums due by them to him or her or out of any lump sum, allowance or gratuity payable by them to, or in respect of, him or her.

• (4) Where, under article 277, lump sums, allowances or gratuities granted by a local authority are paid by another local authority, the first-mentioned local authority shall from time to time (but not less frequently than once in each quarter) transfer to the other local authority—

• (a) in case the first-mentioned local authority are a vocational education committee — one-half of all sums received by them in respect of the period beginning on the commencement of articles 5 to 28 and ending on the 31st day of December, 1989 by way of contribution under this article, or under article 9(1)(g)(ii), and

• (b) in any other case — the whole of all such sums.

• (5)
• (a) In the case of a person whose name is entered under article 5(5) by a mental hospital authority in the register, the reference to five per cent. in sub-article (1) shall, until the expiration of his or her continuous period of being an officer of a local authority beginning on the commencement of section 41 of the Act of 1961, be construed as a reference to three per cent.

• (b) In the case of a person whose name is entered otherwise than under article 5(5) by a mental hospital authority in the register, 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 of 1961, and as from the commencement of which such person's name was entered under article 29(4), the reference to five per cent. in sub-article (1) shall, until the expiration of his or her continuous period of being an officer of a local authority beginning at the time as from which the mental hospital authority enter his or her name in the register, be construed as a reference to three per cent.

24 Return of contributions to pensionable officers.

24.

24. (1) In articles 5 to 28 "the contributions" means, in relation to a pensionable officer, the aggregate amount of his or her contributions for superannuation in respect of service officers which is capable of being reckoned under this Scheme.

• (2) Where a pensionable officer of a local authority who has less than one year of pensionable local service dies, the local authority shall return the contributions to his or her legal personal representative.

• (3) Where a pensionable officer of a local authority who has less than ten years of pensionable local service ceases to hold office for any cause other than misconduct, does not accept any other position service in which is capable of being reckoned under this Scheme and is not granted a gratuity under article 17 or 20, the local authority shall return to him or her the contributions.

• (4) Where a pensionable officer of a local authority having not less than ten years of pensionable local service ceases to hold office for any cause other than misconduct, does not accept any other position service in which is capable of being reckoned under this Scheme and is not entitled to a lump sum and allowance under article 13 or a marriage gratuity under article 20, the local authority shall return to him or her the contributions.

• (5)
• (a) Where a pensionable officer of a local authority is removed from office for misconduct, other than in a case 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 1st day of January, 1968, the local authority shall have power at their discretion—

• (i) in relation to a person who ceased to be a pensionable officer before the 1st day of January, 1986, to return to him or her the contributions or part thereof if they are of opinion that there are special reasons for so doing, and

• (ii) in relation to a person who ceases to be a pensionable officer on or after the 1st day of January, 1986, to return to him or her the contributions or part thereof if they are of opinion that there are special reasons for so doing.

• (b) Notwithstanding any other provision of this Scheme, there shall be no appeal as respects a decision of a local authority in respect of a case to which paragraph (a)(i) applies.

• (6) A local authority shall with effect from the 1st day of November, 1979 return the contributions to a former officer of the local authority who ceased to hold office to take up a position, other than as an officer or servant of any other local authority, service in which is capable of being reckoned under this Scheme, where he or she subsequently ceases to hold such position for any cause other than misconduct and does not accept another position service in which is capable of being reckoned under this Scheme and, under the superannuation conditions then applicable to him or her, he or she is not granted a return of such contributions or any lump sum, allowance or gratuity or is not given the benefit of any preserved lump sum, allowance or gratuity.

• (7) Where a local authority return the contributions or part thereof and the contributions includes a sum for contributions for superannuation made by the officer in question in respect of service which is capable of being reckoned under this Scheme and held by any other body, that body shall recoup such sum to the local authority.

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

• (9) Section 780 of the Taxes Consolidation Act, 1997 (No. 39 of 1997) shall apply in relation to a return of contributions made under this article.

25 Repayment of returned contributions (pensionable officer).

25.

25. (1) Where, after the contributions have been returned under article 24 to a pensionable officer of a local authority on his or her ceasing to be a pensionable officer, or contributions have been returned on or after the 1st day of January, 1976 to an officer under section 10 of the Act of 1909 or to an officer under section 86 of the Act of 1945, he or she becomes employed, before the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme, he or she (or such person's legal personal representative on his or her behalf) shall be entitled, before the expiration of twelve months, or such longer period as the local authority in the circumstances of the particular case consider reasonable after the subsequent appointment, to repay to the local authority the amount so returned by them and, if he or she (or the legal personal representative on his or her behalf) does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.

• (2) Where, contributions having been returned under section 32 of the Act of 1948 by a local authority to a person, he or she becomes employed, before the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme, he or she (or such person's legal personal representative on his or her behalf) shall be entitled, before the expiration of twelve months, or such longer period as the local authority in the circumstances of the particular case consider reasonable, after becoming so employed, to repay to the local authority the amount so returned by them, and, if he or she (or the legal personal representative on his or her behalf) does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.

• (3) The foregoing provisions of this article shall apply in respect of a person who becomes employed, on or after the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme, subject to the provisos that—

• (i) the person shall not be required to make the repayment within a specified period after the subsequent appointment, and

• (ii) an additional sum shall be payable by him or her, calculated on a basis determined by the Minister, in respect of compound interest.

• (4) Where—

• (a) a pensionable officer of a local authority has any period of service (other than as an officer or servant of a local authority) that would, if he or she made the repayment provided for by this sub-article, be capable of being reckoned under this Scheme, and

• (b) contributions in respect of the service have been returned to him or her,

he or she (or such person's legal personal representative on his or her behalf) shall be entitled to repay the amount so returned to the local authority before the expiration of such period as the local authority consider reasonable in the circumstances of the case and, if he or she (or the legal personal representative on his or her behalf) does repay the said amount and any other body recouped any part of it, the local authority shall make the appropriate repayment to the other body.

• (5) Where—

• (a) a repayment has been made under this article to a local authority, and

• (b) the case is one in which any lump sum, allowance or gratuity that might be granted by that local authority would be paid by another local authority,

the first-mentioned local authority shall transfer to the other local authority—

• (i) in case the first-mentioned local authority are a vocational education committee — one-half of the repayment in respect of the period beginning on the commencement of articles 5 to 28 and ending on the 31st day of December, 1989, and

• (ii) in any other case— the whole of the repayment.

26 Exclusions from salary and emoluments.

26.

26. (1) In articles 5 to 28 neither "salary" nor "emoluments" shall include any of the following:

• (a) payments for overtime,

• (b) travelling expenses,

• (c) payments for acting as clerk to a local pensions committee under section 8 of the Old Age Pensions Act, 1908, or to a sub-committee appointed by any such committee,

• (d) payments for acting as superintendent registrar of births, deaths and marriages or as registrar of marriages,

• (e) payments for special work of a casual or temporary nature,

• (f) (i) in respect of a pensionable officer who ceased to hold office on or before the 30th day of November, 1994, payments for filling a position temporarily unless the period for which the payments are made is a continuous period of two years or more or, in relation to an officer referred to clause (II), less than two years reckoned back from—

• (I) where the officer is in receipt of the payments on the date of cesser of office, the said date, or

• (II) where, on or after the 1st day of January, 1988, the officer is appointed to the position such officer filled temporarily, the date of such appointment,

subject to such conditions as may be specified by the Minister,

• (ii) in respect of a pensionable officer of a local authority within the meaning of paragraph (a) of the definition of "local authority" in section 1 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) who ceases to hold office on or after the 1st day of January, 1998, payments for filling a position temporarily unless the period for which the payments are made is a continuous period or substantially continuous period of one year or more or, in relation to an officer referred to clause (II), less than one year reckoned back from—

• (I) where the officer is in receipt of the payments on the date of cesser of office, the said date, or

• (II) where, on or after the 1st day of January, 1998, the officer is appointed to the position such officer filled temporarily, the date of such appointment,

subject to such conditions as may be specified by the Minister, including transitional provisions in respect of pensionable officers who cease to hold office during the period between the 1st day of January, 1998 and the 31st day of December, 2000,

• (iii) in this paragraph, "substantially continuous period" means two or more periods during which a pensionable officer was serving in office which were interrupted by virtue of the officer's absence or absences due to sick leave,

• (g) such perquisites in kind (or a monetary payment given in lieu of such perquisites) as may be specified by the Minister.

• (2) A local authority may, subject to—

• (a) such conditions as may be specified by the Minister, and

• (b) the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993,

decide that payments of a specified kind, being a kind mentioned in paragraph (a) of sub-article (1), shall be for the purposes of articles 5 to 28 part of the salary of a particular officer, of officers of a particular class or of every officer, and thereupon, notwithstanding sub-article (1), "salary" shall in articles 5 to 28, include, as respects that officer, officers of that class or every officer (as may be appropriate) payments of that kind.

27 Calculation of pensionable remuneration of pensionable officer.

27.

27. (1) A local authority shall from time to time determine the annual money value of every (if any) emolument, being any apartments, rations or other perquisites in kind, of a pensionable officer.

• (2) The pensionable remuneration of a pensionable officer for the purposes of articles 5 to 28 shall be—

• (a) in case he or she has been an officer of a local authority during the whole of the relevant period and his or her salary has during the relevant period and the period (if any) thereafter ending on cesser of office, not changed otherwise than in accordance with changes applicable generally to the class, description or grade of officers to which he or she belonged at the expiration of the relevant period — his or her annual rate of salary at the date of cesser of office together with the annual average of his or her emoluments (if any) in respect of the relevant period;

• (b) in any other case — the annual average of his or her salary and emoluments (if any) during the relevant period.

• (3)
• (a) Where a pensionable officer ceased to hold office or died in office during the period beginning on the 1st day of October, 1982, and ending on the 31st day of December, 1982, and his or her salary at the date of cesser of office was one which was affected by paragraph 1 of the Proposals, his or her salary for the purposes of calculating his or her pensionable remuneration shall, if the Minister so determines, and notwithstanding sub-article (2), be deemed to be the salary which would have been appropriate had payment of the third phase of the increase provided for in Clause 2 of the Public Service Pay Agreement not been postponed by the said paragraph 1 to the 1st day of January, 1983.

• (b) Where a pensionable officer ceased to hold office or died in office and his or her salary at the date of cesser of office was one which was affected by paragraph 2 of the Proposals, or, had the Proposals been implemented on such date, his or her said salary would have been so affected, his or her salary for the purposes of calculating his or her pensionable remuneration shall, if the Minister so determines, and notwithstanding sub-article (2), be deemed to be the salary which would have been appropriate had the revision of the Public Service Pay Agreement by the said paragraph 2 not taken place.

• (c) Where a pensionable officer ceased to hold office or died in office and his or her salary at the date of cesser of office was one which was affected by paragraph 3I of the Proposals, or, had the Proposals been implemented on such date, his or her said salary would have been so affected, his or her salary for the purposes of calculating his or her pensionable remuneration shall, if the Minister so determines, and notwithstanding sub-article (2), be deemed to be the salary which would have been appropriate if 40% of the increase provided for in the relevant settlement, finding or offer had been payable from the effective date set out in such settlement, finding or offer.

• (d) In this sub-article—

"the Proposals" means the proposals for amendment of the Public Service Pay Agreement which were accepted by the Public Services Committee of the Irish Congress of Trade Unions on the 10th day of November, 1982;

"the Public Service Pay Agreement" means the agreement on pay in the public service made in December, 1981, between the Minister for the Public Service and the Public Services Committee of the Irish Congress of Trade Unions.

• (4) Where the officer has been an officer for part only of the relevant period and, during the whole or part of the remainder of that period, he or she was a servant of a local authority, his or her wages as such servant shall, for the purposes of sub-article (2)(b), be regarded as salary.

• (5) Notwithstanding any other provisions of this Chapter, in sub-article (2), "salary" and "emoluments" shall, in relation to any position not under a local authority service in which is capable of being reckoned under this Scheme, have the same meanings respectively as they have in the provisions relating to superannuation applicable to the position and, in addition, "salary" shall include remuneration of a servant in any such position.

• (6) Sub-article (2)(b) shall not have the effect, in the case of an officer who has been promoted, of causing any allowance, lump sum or gratuity to be less than if he or she had not been promoted nor, in the case of an officer whose salary has changed during the relevant period by reason of his or her appointment to an office remunerated at a lower rate of salary than that which applied to his or her former office and who ceases to hold office on a date not earlier than the 1st day of June, 1976, of causing any allowance, lump sum or gratuity to be less than if determined by reference to his or her annual rate of salary at the date of cesser of office together with the annual average of his or her emoluments (if any) in respect of the relevant period.

• (7) In this article "the relevant period" means—

• (a) in case the period or the aggregate of periods which the officer is entitled to reckon as service under articles 5 to 28 is less than three years — such period or the aggregate of such periods, and

• (b) in any other case — the period or the aggregate of the periods comprising the last three years of his or her service,

subject to the proviso that any period during which he or she shared a wholetime office with one other officer under an approved job-sharing scheme shall, for the purposes of this article only, be deemed to be a period during which he or she held such office in a wholetime capacity.

• (8)
• (a) Notwithstanding the provisions of sub-article (2)(a), where a pensionable officer, between the 10th day of January, 1984 and the 31st day of March, 1997, ceases to hold office on reaching the age of sixty-five years, and within a period not exceeding three calendar months after such cesser, the salary for the class or grade of officers to which he or she belonged at the date of cesser of office is increased as a result of a general salary increase affecting all classes and grades of officers, then, the salary of such officer shall, subject to the determination of the Minister as respects any cesser arising before the 6th day of September, 1993, for the purposes of article 14 only, be deemed to be the salary which would have been appropriate had such increase in salary been applicable on the date the officer ceased to hold office, provided that the officer is alive on the date the salary increase becomes effective.

• (b) Notwithstanding the provisions of sub-article (2)(a), where a pensionable officer on or after the 1st day of April, 1997, ceases to hold office on reaching the age of sixty-five years, and within a period not exceeding three calendar months after such cesser, the salary for the class or grade of officers to which he or she belonged at the date of cesser of office is increased as a result of a general salary increase affecting all classes and grades of officers, then, the lump sum determined under article 14 may be adjusted to take account of the salary which would have applied on the date of such general salary increase, provided that the officer is alive on the date the salary increase becomes effective.

• (9) Where the terms of an agreement on pay in the public service made with the consent of a Minister of the Government and of the Minister for Finance specify that the pensionable remuneration of a pensionable officer for the purposes of determining a lump sum under article 14, a lump sum under article 14 together with an allowance under article 15, a short service gratuity under article 17, a death gratuity under article 18 or a marriage gratuity under article 20 shall be calculated otherwise than in accordance with the foregoing provisions of this article, such pensionable remuneration shall be calculated having regard to the terms of such agreement.

• (10) For the purposes of sub-article (2), the words "salary" and "emoluments" shall, as respects an officer who is sharing a wholetime office with one other officer under an approved job-sharing scheme, mean, as respects any period during which he or she is so sharing a wholetime office, his or her "salary" and "emoluments", respectively, as increased by one hundred per cent.

28 Transitional provisions for articles 5 to 28.

28.

28. (1) There shall be entered in the register, as from the commencement the commencement of articles 5 to 28—

• (a) the name of every person whose name stood entered in the former register immediately before the commencement of articles 5 to 28, and

• (b) the name of every person whose name would have stood entered in the former register immediately before the commencement of articles 5 to 28 if he or she had made the application provided for by section 37(1) of the Act of 1948.

• (2) For the purposes of sub-article (1)(b), section 37(1) of the Act of 1948 shall be regarded as having been enacted without the restriction as to not having reached the age of fifty-five years or the age of sixty years.

• (3) It shall be the duty of a local authority to complete the entries in the register under this article (apart from entries made as a result of appeals under sub-article (12)) within six months after the commencement of articles 5 to 28.

• (4) Where a person registered under this article by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin had any period of service as an officer or servant of Irish Enterprises Ltd., or any of its predecessors, he or she shall be entitled to reckon that period as service.

• (5) Where, as respects a person whose name is entered under sub-article (1)(a) the following conditions are complied with:

• (a) immediately before he or she became an established officer within the meaning of the Act of 1948, he or she held a position in the civil service of the Government, and

• (b) immediately before he or she commenced to hold that position, he or she had a period of service for the purposes of Part IV of the Act of 1925,

such person may reckon as service the period referred to in paragraph (b).

• (6) No contribution under article 23 shall be required during a continuous period of service beginning on the commencement of articles 5 to 28 from a person whose name is entered under this article if, immediately before the commencement of articles 5 to 28, his or her name did not stand entered in the former register or, if it did stand so entered, he or she was not then a person liable to make contributions under the Act of 1948.

• (7)
• (a) No contribution under article 23 shall be required, during a period of continuous service beginning on the commencement of articles 5 to 28 from a person whose name is entered under this article, being a person referred to in sub-article (1)(a) if, immediately before his or her name was entered in the former register, section 63(5) of the Act of 1948 applied to him or her or section 63(5) of the Act of 1948 would have applied to him or her in case he or she had made an application under subsection (1) or (2) of that section or if, immediately before his or her name was entered in the former register, he or she was a servant and article 47(5) would apply to him or her but for his or her name having been so entered.

• (b) For the purposes of paragraph (a), subsections (1) and (2) of section 63 of the Act of 1948 shall each be regarded as having been enacted without the restriction as to not having reached the age of fifty-five years or the age of sixty years.

• (8) No contribution under article 23 shall be required, during a continuous period of service after becoming a pensionable officer, from a person who, immediately before he or she became a pensionable officer, was a person to whom sub-article (5) or (8) of article 47 applied.

• (9)
• (a) A person whose name is entered under this article in a case in which there is not an appeal under sub-article (12), being a person whose continuous permanent service as an officer of a local authority ending on the commencement of articles 5 to 28 began before the 1st day of April, 1948, may, within twelve months after such commencement, give notice in writing to the local authority that the provisions specified in sub-article (10) are to apply in his or her case, and the said provisions shall thereupon so apply.

• (b) A person whose name is entered under this article in a case in which there is an appeal under sub-article (12), being a person whose continuous permanent service as an officer of a local authority ending on the commencement of articles 5 to 28 began before the 1st day of April, 1948, may, within six months after the determination of the appeal has been notified to him or her, give notice in writing to the local authority that the provisions specified in sub-article (10) are to apply in his or her case, and the said provisions shall thereupon so apply.

• (10) The provisions referred to in sub-article (9) are the following:

• (a) a lump sum shall not be granted pursuant to article 13,

• (b) in article 15 "one-sixtieth" shall be substituted for "one-eightieth" and "two-thirds" shall be substituted for "one-half",

• (c) article 16 shall not apply,

• (d) in article 17, "one-sixth" shall be substituted for "one-twelfth" in sub-article (1) and "one and one-half times" shall be inserted in sub-article (2) before "his pensionable remuneration",

• (e) articles 18 and 19 shall not have effect.

• (11) Where the name of a person is entered under this article and the appointment to the office held by him or her when the entry is made was not, at the time thereof, declared to be an appointment in a permanent capacity, the said appointment shall be regarded for the purposes of articles 5 to 28 as having been then so declared.

• (12)
• (a) A person aggrieved by the refusal or failure by a local authority to enter under this article his or her name in the register may, within twelve months after the commencement of articles 5 to 28, 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 the commencement of articles 5 to 28 and, in the latter case, the local authority shall enter the name in the register as from such commencement.

• (b) A person aggrieved by the entry by a local authority under this article of his or her name in the register may, within twelve months after the commencement of articles 5 to 28, appeal against the entry to the appropriate Minister and that Minister may either refuse the appeal or direct the deletion of the entry in the register and, in the latter case, the local authority shall delete the entry in the register as from such commencement.

• (13) In this article "the former register" means such register as was maintained before the commencement of articles 5 to 28 by the local authority under section 8 of the Act of 1948.

Pensionable Servants

29 Register of pensionable servants.

29.

29. (1) A local authority shall maintain a register to be known as the register of pensionable servants (in articles 29 to 47 referred to as the register).

• (2) Where, as respects a person who is not a pensionable servant of a local authority, on the expiration of any local financial year (including the local financial year ending on the commencement of articles 29 to 47 in relation to that local authority) he or she is not an "eligible employee" and he or she has had in that local financial year—

• (a) subject to paragraph (b), two hundred or more service days in relation to that local authority or to that local authority and any other local authority or local authorities, or being the local financial year beginning on the 1st day of April, 1974 and ending on the 31st day of December, 1974, such number of service days as is specified in paragraph 19(a) of the First Schedule to the Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order, 1974 ( S.I. No. 215 of 1974 ),

• (b) in relation to the local financial year ending on the 31st day of December, 1977, one hundred and thirty or more service days in relation to that local authority or to that local authority and any other local authority or local authorities,

that local authority shall enter his or her name in the register unless, within one month after the expiration of that local financial year, he or she gives notice in writing to that local authority that his or her name is not to be so entered.

• (3) Where a person who becomes a servant of a local authority was, immediately before becoming such servant, a pensionable officer of that or another local authority, a pensionable servant of another local authority or the holder of a position not under a local authority service in which is capable of being reckoned under this Scheme, the first-mentioned local authority shall enter his or her name in the register.

• (4)
• (a) Where a servant 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) 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, such person 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 his or her 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 a servant of a mental hospital authority was, immediately before the commencement of section 41 of the Act of 1961, contributing to the authority under section 85 of the Act of 1945 or section 9 of the Act of 1909, such servant 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 sub-article (2) would, apart from this subparagraph, apply in relation to him or her, that sub-article shall not apply if the relevant expiration of a local financial year is in the period of his or her continuous service as a mental hospital servant 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 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 a servant 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 officer which began on the commencement of section 41 of the Act of 1961, and as from the commencement of which such person's name was entered under article 5(5),

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 servant 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.

• (5)
• (a) A local authority which on the expiration of the local financial year beginning on the 1st day of April, 1970 and ending on the 31st day of March 1971, or any subsequent local financial year, enters the name of a person in the register pursuant to sub-article (2) — not being the name of a person who gave notice in a previous local financial year to the local authority or to any other local authority that his or her name was not to be entered in or was to be removed from the register in accordance with sub-article (2) or article 30(1)(b) — shall enter the name of such person in the register, from the commencement to the expiration of the local financial year in which he or she had the requisite number of service days to qualify him or her to have his or her name entered under the said sub-article (2), unless within one month after the expiration of such local financial year he or she gives notice in writing to the local authority that his or her name is not to be so entered.

• (b) Where a local authority, on the expiration of the local financial year beginning on the 1st day of April, 1970 and ending on the 31st day of March, 1971, or any subsequent local financial year, enters the name of a person in the register pursuant to sub-article (2), not being a person to whom paragraph (a) applies, his or her name shall be deemed to have been in the register of the local authority with which he or she first qualified to have his or her name entered pursuant to sub-article (2), for the duration of the first local financial year in which he or she had the requisite number of service days to so qualify him or her, unless within one month of being notified that he or she may do so by the local authority he or she gives notice in writing to them that his or her name is not to be so entered.

• (c) Where a local authority enters the name of a person in the register or deems the name of a person to have been entered in the register for the duration of a local financial year pursuant to paragraph (a) or (b) and for part of such local financial year the person was a servant of any other local authority or local authorities the name of such person shall be deemed to have been in the register of such other local authority or local authorities during such local financial year.

• (6) Where the name of a person who is a pensionable servant of a local authority on or after the 22nd day of March, 1971 was entered in the register of a local authority in accordance with sub-article (2) on the expiration of the local financial year beginning on the 1st day of April, 1969 and ending on the 31st day of March, 1970, or any preceding local financial year, the provisions of sub-article (5) shall apply to him or her as respects the entry of his or her name or the deeming of his or her name to have been entered in the register maintained by a local authority from the commencement to the expiration of the first local financial year in which he or she had the requisite number of service days to qualify him or her to have his or her name entered under sub-article (2) unless, within one month of being notified by the local authority of the amount of his or her liability for contributions as provided for in article 42(2)(b), he or she gives notice to the local authority in writing that his or her name is not to be so entered or deemed to be so entered.

• (7) A local authority shall keep at their principal office the register open at all reasonable times for inspection by their servants 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.

• (8) The provisions of sub-article (6) may be applied in the case of a pensionable servant of a local authority who ceased to hold employment before the 22nd day of March, 1971 where its application would be of benefit to him or her in determining, with effect from the 1st day of January, 1968, or from the date of commencement of payment of the allowance, if later, the amount of any allowance payable to him or her under article 36.

30 Removal from the register of person ceasing to be servant, etc.

30.

30. (1) A local authority shall remove from the register the name of a person—

• (a) who ceases to be a servant of the local authority, or

• (b) who gives notice in writing to the local authority that his or her name is to be removed from the register—

• (i) during any month of April up to and including the month of April, 1974, or

• (ii) during any month of January as on and from the month of January, 1975.

• (2) Notwithstanding sub-article (1), where it is the practice of a local authority to take from time to time any particular person into their employment as a servant after a period during which he or she is not so employed—

• (a) the local authority shall not remove the name of such person from the register on any particular occasion when he or she ceases to be so employed unless they have decided not to so employ him or her again or he or she dies and, so long as his or her name remains in the register on account of this paragraph, he or she shall for the purposes of articles 35, 38, 39, 41 and sub-articles (4) and (5) of article 43 be regarded as not having ceased to be so employed,

• (b) where, during any particular period when such person is not so employed by the local authority, they decide not to so employ him or her again or he or she dies they shall remove his or her name from the register and, for the purposes of articles 35, 38, 39, 41 and sub-articles (4) and (5) of article 43, he or she shall be regarded as having then ceased to hold employment.

• (3) 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.

31 Notification local authority of cesser of employment under another local authority.

31.

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

32 General limitations on service to be reckoned by pensionable servant.

32.

32. (1) A provision of articles 29 to 47 entitling a pensionable servant 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 in respect of which he or she has already received a lump sum, an allowance or a gratuity under this Scheme or 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,

• (b) 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,

• (c) any period before a date on which he or she was discharged or removed from his or her position for misconduct or 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 servant 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 discharged or removed is satisfied that the service which he or she gave prior to such discharge or removal should be allowed to reckon,

• (d) any period of employment under a local authority during a local financial year during which he or she had not two hundred or more service days or being the local financial year beginning on the 1st day of April, 1974 and ending on the 31st day of December, 1974, such number of service days as is specified in paragraph 19(b) of the First Schedule to the Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order, 1974 ( S.I. No. 215 of 1974 ) unless—

• (i) in the case of a person who is a pensionable servant of a local authority on or after the 22nd day of March, 1971, the period occurs in the local financial year in which he or she had his or her last service day, or

• (ii) in the case of a person who ceased to be a pensionable servant of a local authority before the 22nd day of March, 1971, the period occurs in the local financial year in which he or she had his or her last service day and the reckoning of such period is of benefit to him or her for the purpose of determining the amount of an allowance, with effect from the 1st day of January, 1968, or the date of commencement of payment of the allowance, if later, under articles 35 and 36.

• (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.

• (2) The provisions of sub-article (1)(c)(ii) shall be applied as respects a pensionable servant who ceased to hold employment 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 35 and 36, subject to the proviso that the amount of any additional allowance so payable shall be reduced by one-quarter.

33 Reckoning service of pensionable servant.

33.

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

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

• (b) 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,

• (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, being service continuous with subsequent service as a pensionable servant or pensionable officer 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 servant on or after the 1st day of November, 1977, service which is reckonable for the purposes of the Superannuation Acts, being service which is succeeded, either immediately or at a later date, by service as a pensionable servant or pensionable officer 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 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 a local authority but for its being service with the Defence Forces,

• (h) as respects a person who is a pensionable servant on or after the 1st day of January, 1970, not more than two years' emergency military service, not being service referred to in paragraph (g), 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.

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

• (i) 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 servant would have been entitled to reckon for superannuation purposes if he or she had continued to be such servant,

• (ii) any period of employment, being before the commencement of articles 29 to 47 in relation to the local authority and not being any period which he or she is entitled to reckon under sub-article (8), under that or any other local authority during a local financial year in which he or she had two hundred or more service days or, being the local financial year beginning on the 1st day of April, 1974 and ending on the 31st day of December, 1974, such number of service days as is specified in paragraph 19(c) of the First Schedule to the Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order, 1974 ( S.I. No. 215 of 1974 ), and

• (iii) any period of employment under that or any other local authority in the local financial year from the commencement of which his or her name was entered in the register of a local authority or was deemed to have been in the register of that local authority or of any other local authority pursuant to sub-article (5), (6) or (8) of article 29.

• (3)
• (a) For the purposes of paragraph (a) of sub-article (1) and that paragraph as extended by sub-article (2) (but not for the purposes of that paragraph as extended by sub-article (8) as respects that extension), a person shall be deemed to have service on service days only (disregarding, where the service days in a particular local financial year exceed—

• (i) in relation to the local financial year beginning on the 1st day of April, 1974 and ending on the 31st day of December, 1974 — such number of service days as is specified in paragraph 19(d) of the First Schedule to the Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order, 1974 ( S.I. No. 215 of 1974 ), and

• (ii) in relation to any other local financial year—three hundred,

the excess service days) and the aggregate of those days shall be expressed in terms of years by dividing such aggregate by three hundred.

• (b) Notwithstanding the provisions of paragraph (a), the aggregate of days to be expressed in terms of years by dividing by three hundred shall be reduced by one-half before such division for any period during which the servant shared wholetime employment with another servant under an approved job-sharing scheme.

• (4) Where, as respects a pensionable servant,—

• (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 (9), capable of being reckoned under this Scheme,

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

• (5)
• (a) Where as respects a person who is a pensionable servant on or after the 1st day of January, 1968 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, such person shall be entitled to reckon such period 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 35 and 36 in relation to a pensionable servant who ceased to hold employment on or before the 31st day of December, 1967, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.

• (6)
• (a) Where a person is a pensionable servant 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 immediately continuous with each other,

• (iv) a period of service which is of the kind referred to at (i), (ii) or (iii) immediately followed by a period of service as a servant of a local authority,

where such periods were immediately succeeded 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 purpose of determining, with effect from the 1st day of January, 1968, the amount of an allowance under articles 35 and 36 in relation to a pensionable servant who ceased to hold employment on or before the 31st day of December, 1967, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.

• (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 9(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 servant ceased to hold employment before the 16th day of February, 1973, more than three hundred and sixty-five days, and

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

• (7)
• (a) Where a person is a pensionable servant 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 (6) where such periods were succeeded, whether immediately or not, by 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 purpose of determining with effect from the 1st day of June, 1974, the amount of an allowance pursuant to articles 35 and 36 in relation to a pensionable servant who ceased to hold employment on or before the 31st day of May, 1974, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.

• (8) In paragraphs (a) and (e) of sub-article (1) "service as a pensionable servant" shall be deemed to include any period of service as a servant under the local authority or any other local authority which the servant was entitled to reckon for superannuation purposes under any Act passed before the Act of 1948 and relating to superannuation which applied to him or her (including, notwithstanding article 32(1)(d), any such period during a local financial year during which he or she had not two hundred or more service days).

• (9) In paragraphs (b) 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 29 to 47 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 29 to 47 have been entitled to reckon under Part II of the Act of 1948 if section 18 of that Act had been enacted with paragraph (b) omitted therefrom,

• (c) which, immediately before the commencement of articles 29 to 47 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 servant on or after the 1st day of January, 1968, which, at any time before the commencement of articles 29 to 47 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 servant who ceased to hold employment on or before the 31st day of December, 1967, which, at any time before the commencement of articles 29 to 47, 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 35 and 36, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter.

• (10) Where the records of the service before the 1st day of April, 1948, of a pensionable servant are incomplete, the local authority may, if they so think fit, take as his or her period of service a period determined on the assumption that his or her service record as respects the period covered by records and his or her service as respects the period not covered by records are similar.

• (11)
• (a) The provisions of sub-article (1)(h) 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 35 and 36 in relation to a pensionable servant who ceased to hold employment 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.

• (b) For the purposes of sub-article (1)(h)—

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

• (12) Notwithstanding the provisions of section 63(5) of the Act of 1945, a pensionable servant to whom the provisions of that section apply may elect to have the provisions of sub-article (6)(a) or (7)(a) applied to him or her in lieu of the provisions of the said section 63(5).

34 Pensionable local service of pensionable servant.

34.

34. (1) For the purposes of this Chapter, the pensionable local service of a pensionable servant at any time shall, subject to sub-article (3)(b), be the number of whole years in the period or in the aggregate of the periods which under articles 29 to 47 he or she is entitled to reckon as service, any odd fraction of a whole year being disregarded.

• (2) Notwithstanding sub-article (1) and subject to sub-article (3)(a), where the period or the aggregate of the periods which under articles 29 to 47 a pensionable servant who is a fire brigade servant 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 29 to 47, the pensionable local service of such servant shall be that period or aggregate together with the excess of that period or aggregate over twenty years, any odd fraction of a whole year being disregarded.

• (3)
• (a) Where a pensionable servant of a local authority who becomes a fire brigade servant 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 servant or as a servant whose name was entered in the said register maintained under section 65 of 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 29 to 47, then for the purposes of articles 29 to 47, 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 servant of a local authority, not being a fire brigade servant or a servant 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 29 to 47 during which he or she was a fire brigade servant 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 corresponding to the enhanced credit being provided by 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).

35 Grant of allowance to pensionable servant on his or her ceasing to hold employment.

35.

35. (1) Where—

• (a) a pensionable servant of a local authority ceases to hold employment and is notemployed in another position service in which is capable of being reckoned under this Scheme, and

• (b) the local authority either are of opinion that he or she has served in such employment 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 allowance,

the local authority shall grant him or her an 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 servant has ceased to hold employment otherwise than by being discharged for misconduct or unfitness 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 servant 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;