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

• (b) where the servant has ceased to hold employment on account of having attained the age-limit therefor and has not less than ten years of pensionable local service.

36 Determination of allowance granted to pensionable servant.

36.

36. The allowance to be granted to a pensionable servant under article 35 on his or her ceasing to hold employment shall be either—

• (a) an allowance at the rate per week of one-sixtieth of his or her pensionable remuneration multiplied by the number of the years of his or her pensionable local service, or

• (b) an allowance at the rate per week of two-thirds of his or her pensionable remuneration,

whichever is the less.

37 Reduction of allowance of pensionable servant for unsatisfactory service.

37.

37. (1) Where a local authority decide under article 35 that a pensionable servant shall be granted a reduced allowance the following provisions shall apply:

• (a) subject to the provisions of sub-article (2), as respects a person who ceased to hold employment as a pensionable servant before the 10th day of January, 1984, the amount of the allowance granted to him or her under article 35 shall be reduced below the amount that would be appropriate therefor under article 36 and to an extent not less than fifty per cent., and

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

• (i) the amount of the allowance that would be appropriate under article 36 shall be reduced by the amount of any loss of funds to the local authority for which the person is culpable or payment of the allowance shall be suspended until such time as the total loss is recovered by the local authority, or

• (ii) the 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 servant who was granted a reduced allowance under article 35 and who ceased to hold employment 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 36.

38 Grant of short service gratuity to pensionable servant.

38.

38. (1) Where a pensionable servant of a local authority having not less than one year and less than five years of pensionable local service ceases to hold employment on account of being incapable of performing his or her duties by reason of permanent infirmity of mind or body, the local authority shall grant to him or her a gratuity of such amount, not exceeding his or her pensionable remuneration multiplied by four and one-third multiplied by the number of the years of his or her pensionable local service, as they consider proper.

• (2) Where a pensionable servant of a local authority having not less than five years and less than ten years of pensionable local service ceases to hold employment on account of being incapable of performing his or her duties by reason of permanent infirmity of mind or body, the local authority shall grant to him or her a gratuity of such amount, not exceeding his or her pensionable remuneration multiplied by fifty-two, as they consider proper.

39 Grant of gratuity in respect of deceased pensionable servant.

39.

39. (1) Where a pensionable servant of a local authority dies in employment 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 his or her pensionable remuneration multiplied by four and one-third multiplied by the number of the years of his or her pensionable local service, as they consider proper.

• (2) Where a pensionable servant of a local authority dies in employment 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 his or her pensionable remuneration multiplied by fifty-two.

• (3) Notwithstanding the provisions of sub-articles (1) and (2), the gratuity may, as respects a pensionable servant of a local authority who dies in employment 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.

40 Grant of gratuity in respect of deceased grantee under article 35.

40.

40. Where a person, who was a pensionable servant of a local authority and who was granted under article 35 an allowance on ceasing to hold employment, dies before the total of all the sums received by him or her on foot of the allowance is equal to his or her pensionable remuneration multiplied by fifty-two, 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 multiplied by fifty-two.

41 Grant of gratuity to female pensionable servant on marriage.

41.

41. Where a female pensionable servant of a local authority who has not less than five years of pensionable local service, having ceased to hold employment 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 employment with diligence and fidelity and to their satisfaction, the local authority shall grant to her a gratuity of an amount equal to—

• (i) her pensionable remuneration multiplied by four and one-third multiplied by the number of years of her pensionable local service, or

• (ii) her pensionable remuneration multiplied by fifty-two,

whichever is the less;

• (b) if the local authority, although not being of opinion that she has served in her employment 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 her employment as a female pensionable servant 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 servant 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.

42 Contributions by pensionable servants.

42.

42. (1) Subject to the following provisions of this article, a pensionable servant of a local authority shall contribute to such local authority for the purposes of articles 29 to 47 at the rate of four and one-sixth per cent. or, with effect from the 15th day of February, 1971, at the rate of four per cent. of—

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

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

subject to the proviso that there shall be no contributions in respect of a period in respect of which he or she had neither wages nor emoluments or in respect of which he or she was paid compensation under section 76 of the Social Welfare (Consolidation) Act, 1993 by such local authority or in respect of a period in respect of which he or she was paid injury benefit or disablement benefit under Chapter 10 of Part II of the Social Welfare (Consolidation) Act, 1993 , if the accident occurred (or, as the case may be, the injury was sustained or the disease was contracted) on a day such as is referred to in paragraph (a) of the definition of "service day" contained in article 3 and if, in the case of a period in respect of which he or she was paid disablement benefit, he or she was, during it, incapable of work or unable, solely because of the said accident, injury or disease, to work in the manner referred to in the said paragraph (a).

(2)(a) A servant or former servant of a local authority who, pursuant to sub-articles (6) and (7) of article 33, becomes entitled to reckon a period or periods of wholetime service as a temporary officer of the local authority, or any other local authority, shall contribute to his or her employing local authority for the purposes of the said sub-articles (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) (i) Contributions as provided for in sub-article (1) shall be payable by a servant or former servant of a local authority in respect of service which he or she becomes entitled to reckon pursuant to article 33(2)(iii) in such manner as may be specified by the local authority, with the consent of the Minister.

• (ii) Contributions as provided for in sub-article (1) shall be payable by a servant or former servant of a local authority in respect of service which he or she is not precluded from reckoning under article 32(d)(i) or (n).

• (c) Save where an agreement pursuant to article 280 applies, where contributions are received by a local authority under this sub-article 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 servant of a local authority under this article may be obtained by such local authority by means of periodical deductions from his or her wages and emoluments, but, if any such deduction proper to be made by a local authority from his or her wages 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 gratuity or allowance 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 payable by another local authority, the first-mentioned local authority shall transfer from time to time (but not less frequently than once in each quarter) 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 29 to 47 and ending on the 31st day of December, 1989 by way of contribution under this article, 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 29(4) by a mental hospital authority in the register, the reference to four and one-sixth per cent. or, with effect from the 15th day of February, 1971, four per cent., in sub-article (1) shall, until the expiration of his or her continuous period of being a servant 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 29(4) by a mental hospital authority in the register, 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 reference to four and one-sixth per cent. or, with effect from the 15th day of February, 1971, four per cent., in sub-article (1) shall, until the expiration of his or her continuous period of being a servant of a local authority beginning at the rime as from which the mental hospital authority enter his or her name in the register, be construed as a reference to three per cent.

43 Return of contributions to pensionable servants.

43.

43. (1) In articles 29 to 47 "the contributions" means, in relation to a pensionable servant, the aggregate amount of his or her contributions for superannuation in respect of service which is capable of being reckoned under this Scheme.

• (2) Where a pensionable servant 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)
• (a) Where, as respects a pensionable servant of a local authority, it is ascertained after any particular local financial year that he or she has not had two hundred or more service days in respect of that year, 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(e) 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 ), the local authority shall return to him or her any contributions made by him or her under article 42 in respect of that year.

• (b) Paragraph (a) shall not apply in the case of a pensionable servant in relation to a period of service which he or she is not precluded from reckoning under article 32(d)(i) or (ii).

• (4) Where a pensionable servant of a local authority who has less than ten years of pensionable local service ceases to be such pensionable servant otherwise than consequent on article 30(1)(b) or on account of being discharged for misconduct, is not employed in another position service in which is capable of being reckoned under this Scheme and is not granted a gratuity under article 38 or 41, the local authority shall return to him or her the contributions.

• (5) Where a pensionable servant of a local authority having not less than ten years of pensionable local service ceases to be such pensionable servant otherwise than consequent on article 30(1)(b) or on account of being discharged for misconduct, is not employed in another position service in which is capable of being reckoned under this Scheme and is not entitled to an allowance under article 35 or a marriage gratuity under article 41, the local authority shall return to him or her the contributions.

• (6) Where a servant of a local authority, being a former pensionable servant who gave notice in writing to the local authority under article 30(1)(b) that his or her name was to be removed from the register, subsequently ceases to hold employment with the local authority otherwise than on account of being discharged for misconduct, is not employed in another position service in which is capable of being reckoned under this Scheme or he or she dies, the local authority shall, with effect from the 1st day of January, 1968, return to him or her, or in the case of death, to his or her legal personal representative, the contributions.

• (7)
• (a) Where a pensionable servant of a local authority is discharged 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 the 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 servant 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 servant 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.

• (8) A local authority shall with effect from the 1st day of November, 1979 return the contributions to a former servant of the local authority who ceased to hold employment to take up a position, other than as a servant or officer 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.

• (9) Where a local authority return the contributions or part thereof and the contributions includes a sum for contributions for superannuation made by the servant 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.

• (10) 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.

• (11) 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.

44 Repayment of returned contributions (pensionable servant).

44.

44. (1) Where, after the contributions have been returned under article 43 to a pensionable servant of a local authority on his or her ceasing to be a pensionable servant, or contributions have been returned on or after the 1st day of January, 1976 to a servant under section 10 of the Act of 1909 or to a servant 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 57 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 servant of a local authority has any period of service (other than as a servant or officer 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 that 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 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 29 to 47 and ending on the 31st day of December, 1989, and

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

45 Exclusions from wages and emoluments.

45.

45. (1) In articles 29 to 47 neither "wages" nor "emoluments" shall include any of the following:

• (a) payments for overtime,

• (b) travelling expenses,

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

• (d) (i) in respect of a pensionable servant who ceased to hold employment on or before the 30th day of November, 1994, payments for filling a position temporarily unless the period for which the payments are made comprises six hundred or more service days reckoned back from termination of employment (any service day occurring during a local financial year in which the servant had less than two hundred service days being disregarded), subject to such conditions as may be specified by the Minister,

• (ii) in respect of a pensionable servant 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 employment on or after the 1st day of January, 1998, payments for filling a position temporarily unless the period for which the payments are made comprises three hundred or more service days reckoned back from termination of employment (any service day occurring during a local financial year in which the servant had less than two hundred service days being disregarded), subject to such conditions as may be specified by the Minister, including transitional provisions in respect of pensionable servants who cease to hold employment during the period between the 1st day of January, 1998 and the 31st day of December, 2000,

• (e) 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 29 to 47 part of the wages of a particular servant, of servants of a particular class or of every servant, and thereupon, notwithstanding sub-article (1), "wages" shall in articles 29 to 47 include, as respects that servant, servants of that class or every servant (as may be appropriate), payments of that kind.

46 Calculation of pensionable remuneration of pensionable servant.

46.

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

• (2) The pensionable remuneration of a pensionable servant for the purposes of articles 29 to 47 shall be—

• (a) in case he or she has been a servant of a local authority during the whole of the relevant period or during so much of that period as he or she is entitled to reckon as service and, at the expiration of the relevant period, his or her rate of wages is a rate of wages that has not changed during the relevant period otherwise than in accordance with changes applicable generally to the class, description or grade of servants to which he or she belonged at the expiration of the relevant period — his or her weekly rate of wages at the expiration of the relevant period together with the weekly average of his or her emoluments (if any) in respect of that period;

• (b) in any other case — the average weekly rate of wages and emoluments (if any) applicable to his or her employment or employments during the relevant period.

• (3)
• (a) Where a pensionable servant ceased to hold employment or died in employment during the period beginning on the 1st day of October, 1982, and ending on the 31st day of December, 1982, and his or her rate of wages at the date of cesser of his or her employment was one which was affected by paragraph 1 of the Proposals, his or her rate of wages 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 rate of wages which would have been appropriate had payment of the third phase 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 servant ceased to hold employment or died in employment and his or her rate of wages at the date of cesser of employment was one which was affected by paragraph 2 of the Proposals, or had the Proposals been implemented on such date, his or her said rate of wages would have been so affected, his or her rate of wages 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 rate of wages 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 servant ceased to hold employment or died in employment and his or her rate of wages at the date of cesser of employment was one which was affected by paragraph 3I of the Proposals, or, had the Proposals been implemented on such date, his or her said rate of wages would have been so affected, his or her rate of wages 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 rate of wages 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 servant has been a servant for part only of the relevant period and, during the whole or part of the remainder of that period, he or she was an officer of a local authority, his or her salary as such officer shall, for the purposes of sub-article (2)(b), be regarded as wages.

• (5) Notwithstanding any other provisions of this Scheme, in sub-article (2) "wages" 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, "wages" shall include remuneration of an officer in any such position.

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

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

• (i) in case the first day of the service of the servant capable of being reckoned under this Scheme was less than three years before his or her last service day — the period beginning on the commencement day and ending on his or her last service day, and

• (ii) in any other case — the three years ending on his or her last service day.

• (b) In paragraph (a)(i) "the commencement day" means—

• (i) in case the servant's first service day was preceded by service which he or she is entitled to reckon under this Scheme, which was in a position other than employment as a servant of a local authority and which commenced on a day less than three years before his or her last service day — the day on which that service commenced, and

• (ii) in any other case — the servant's first service day.

• (8) 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 servant for the purposes of determining an allowance under article 35, a short service gratuity under article 38, a death gratuity under article 39 or a marriage gratuity under article 41 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.

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

47 Transitional provisions for articles 29 to 47.

47.

47. (1) In the case of a local authority in relation to whom articles 29 to 47 came into operation pursuant to article 2(2)(c)(i)(I), there shall be entered in the register as from the commencement of articles 29 to 47 in relation to the local authority—

• (a) the name of every person whose name stood entered in the former register immediately before the commencement of articles 29 to 47 in relation to the local authority, and

• (b) the name of every person, not being a person referred to in paragraph (a), as respects whom the following conditions are fulfilled:

• (i) during any local financial year being a local financial year which ended before the commencement of articles 29 to 47 in relation to the local authority and which began on or after the 1st day of April in the completed local financial year which immediately preceded the commencement of Part III of the Act of 1948 in relation to the local authority, he or she had two hundred or more service days, and

• (ii) at the commencement of articles 29 to 47 in relation to the local authority, either he or she is a servant of the local authority or they intend again to take him or her into their employment as a servant.

In this sub-article "the former register" means such register as was maintained by the local authority, before the commencement of articles 29 to 47 in relation to them, under section 38 of the Act of 1948.

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

• (3) Where, as respects any service day of a person in relation to a local authority between the commencement in relation to them of Part III of the Act of 1948 and the commencement in relation to them of articles 29 to 47 (other than a service day of a person whose name was entered pursuant to subsection (1) or (2) of section 63 of the Act of 1948 in the register maintained by a local authority under section 38 of that Act, which occurred between the commencement in relation to the local authority of Part III of that Act and the time when his or her name was so entered), no contributions were contributed by him or her to the local authority—

• (a) the service day shall not be reckoned as such unless he or she makes to the local authority in respect of the service day such contributions as would have been contributed by him or her under articles 29 to 47 if, on the service day, it had been in operation in relation to the local authority and he or she had been a pensionable servant, and

(b)sub-articles (3) and (4) of article 42 shall have effect in relation to the contributions under this sub-article in like manner as they apply in relation to contributions under that article.

• (4) Sub-article (3) shall not apply in relation to—

• (a) a person who was disqualified for making an application under subsection (1) of section 63 of the Act of 1948 on account of paragraph (b) of that subsection,

• (b) a person who was disqualified for making an application under subsection (2) of the said section 63 on account of paragraph (b) of that subsection, or

• (c) a person to whom sub-article (5) applies.

• (5) No contribution under article 42 shall be required from—

• (a) a person referred to in section 63(5) of the Act of 1948,

• (b) a person to whom that subsection would have applied at the commencement of articles 29 to 47 if he or she had made an application under subsection (1) or (2) of the said section 63,

• (c) a person who, on the commencement of Part III of the Act of 1948 in relation to the Lord Mayor, Aldermen and Burgesses of Cork, could have made an application to that Corporation under subsection (1) or (2) of the said section 63,

• (d) a person—

• (i) who, on the commencement of Part III of the Act of 1948 in relation to the local authority, was disqualified for making an application under subsection (1) of section 63 of the Act of 1948 on account of paragraph (b) of the said subsection (1) or disqualified for making an application under subsection (2) of the said section 63 on account of paragraph (b) of the said subsection (2), and

• (ii) whose continuous service ending on the commencement of articles 29 to 47 began before the commencement of Part III of the Act of 1948.

• (6) For the purposes of paragraphs (b) and (c) of sub-article (5), if the person in question was, at the commencement of Part III of the Act of 1948 in relation to the local authority, disqualified for making an application under subsection (1) of section 63 of the Act of 1948 on account of paragraph (b) of the said subsection (1) or disqualified for making an application under subsection (2) of the said section 63 on account of paragraph (b) of the said subsection (2), that fact shall be disregarded.

• (7) The exemption under sub-article (5)(d) shall continue so long only as the service of the person from the commencement of articles 29 to 47 is continuous.

• (8) No contribution under article 42 shall be required from a person who, immediately before he or she became a pensionable servant, was a person to whom sub-article (6), (7) or (8) of article 28 applied during a continuous period of service after becoming a pensionable servant.

Additional Benefits

48 Surrender of portion of allowance.

48.

48. (1) Where—

• (a) a male officer or servant of a local authority ceases to hold his office or employment, and

• (b) he is entitled to an allowance under articles 5 to 28 or 29 to 47,

he may apply to the local authority to be allowed to surrender a specified portion, not exceeding one-third, of such allowance in consideration of an allowance for his wife or one specified dependant.

• (2) Where—

• (a) a female officer or servant of a local authority ceases to hold her office or employment, and

• (b) she is entitled to an allowance under articles 5 to 28 or 29 to 47,

she may apply to the local authority to be allowed to surrender a specified portion, not exceeding one-third, of such allowance in consideration of an allowance for one specified dependant.

• (3) An application under sub-article (1) for an allowance for the wife of the applicant shall be either—

• (a) an application for such allowance during the period (if any) for which the wife survives the applicant, or

• (b) an application for such allowance during both the period of the joint lives of the applicant and the wife and the period (if any) for which the wife survives the applicant.

• (4) Where an application is made under this article for the surrender of portion of an allowance, the local authority may, at their discretion, refuse or allow the application, subject to the proviso that they shall not allow the application unless they are satisfied that the applicant is in good health.

• (5) Where an application under this article for the surrender of portion of an allowance is allowed—

• (a) that allowance shall be reduced accordingly,

• (b) if the application is for a surrender in consideration of an allowance for the wife of the applicant during the period (if any) for which she survives the applicant, the local authority shall grant to her, if she survives the applicant, an allowance during the period for which she survives him,

• (c) if the application is for a surrender in consideration of an allowance for the wife of the applicant during both the period of the joint lives of the applicant and the wife and the period (if any) for which the wife survives the applicant, the local authority shall grant to the wife an allowance during the period of the joint lives and, if the wife survives the applicant, during the period for which she survives him, and

• (d) if the application is for a surrender in consideration of an allowance for a dependant, the local authority shall grant to the dependant, if the dependant survives the applicant, an allowance during the period for which the dependant survives the applicant.

• (6) An allowance under this article shall be of such value as is actuarially equivalent (in accordance with such tables as, at the time when the applicant ceased to hold office or employment, stood approved of for the purposes of this article by the Minister) to what is surrendered.

• (7) In the case of an allowance under this article during both the period of the joint lives of the applicant and his wife and the period (if any) for which his wife survives the applicant, the rate of the allowance for the second period shall be double the rate thereof for the first period.

• (8) An allowance under this article shall not exceed the reduced allowance of the applicant.

• (9) Where a person surrenders under this article portion of an allowance—

• (a) for the purposes of determining whether any, and, if so, what amount may be paid to him or her, having regard to article 54(1)(a), by way of the allowance in respect of any period in relation to which he or she receives any such payment as is referred to in that article, the remuneration referred to in that article shall be treated as reduced by the amount surrendered by him or her as aforesaid,

• (b) for the purpose of calculating the amount of any gratuity which may be granted to his or her legal personal representative under article 19 (where applicable), the total of all the sums received by him or her on foot of the lump sum and allowance shall be deemed to be the total of all sums which would have been so received by him or her but for the surrender, and

• (c) for the purpose of calculating the amount of any gratuity which may be granted to his or her legal personal representative under article 40 (where applicable), the total of all sums received by him or her on foot of the allowance shall be deemed to be the total of all sums which would have been so received by him or her but for the surrender.

49 Gratuity or allowance in case of injury.

49.

49. (1) Where an officer or servant of a local authority is injured—

• (a) in the actual discharge of his or her duty, and

• (b) without his or her own default, and

• (c) by some injury attributable solely to the nature of his or her duty,

the local authority may grant to him or her, and, if within seven years after the date of the injury, he or she dies as a direct result thereof, to his or her spouse, father or mother, if wholly dependent on him or her at the time of his or her death, and to or in respect of his or her children, or any of them, such gratuity or allowance in money for life or for a limited period as the local authority may consider reasonable and as may be sanctioned by the Minister either generally or in any particular case.

• (2) Where an allowance is granted under this article to, or in respect of, an injured person and there is also payable to, or in respect of, him or her all or any of the following:

• (a) any other allowance payable by the local authority,

• (b) any lump sum or gratuity so payable, and

• (c) any amount so payable by way of compensation under section 76 of the Social Welfare (Consolidation) Act, 1993 , or by way of injury benefit or disablement benefit under Chapter 10 of Part II of the Social Welfare (Consolidation) Act, 1993 , and

• (d) where he or she has died, any pension payable to his or her spouse under Chapter 10 of Part II of the Social Welfare (Consolidation) Act, 1993 ,

the allowance under this article together with so much as may be equivalent to whatever is also payable as aforesaid shall not exceed five-sixths of the remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of the position in which he or she received the injury.

50 Gratuity — part-time, permanent, non-pensionable officer.

50.

50. Where—

• (a) a permanent officer, other than a teacher, of a local authority is a part-time officer and is not a pensionable officer, and

• (b) as respects such officer before the 27th day of May, 1977—

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

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

• (iii) 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 from office,

the local authority may grant him or her a gratuity equal to one-twelfth of his or her remuneration at the time he or she ceases to hold office multiplied by the number of whole years (any odd fraction of a whole year being disregarded) in the continuous period ending at the time of such grant during which paragraph (a) applied to him or her.

51 Allowances in certain special cases.

51.

51. (1) Where—

• (a) a person ceased before the 27th day of March, 1956 to be a servant of a local authority,

• (b) the local authority had previously adopted Part III of the Act of 1948,

• (c) the person was not, on such cesser, granted a superannuation allowance by the local authority,

• (d) the local authority would, at the time of such cesser, have granted him or her an allowance under articles 29 to 47 if those articles had then been in operation in relation to them, and

• (e) the person applies to the local authority for the benefits of this article,

the local authority shall have power, which shall be exercisable at their discretion and as respects which, notwithstanding any other provision of this Scheme, there shall be no appeal, to grant to such person an allowance not exceeding the allowance referred to in paragraph (d).

• (2) A grant under sub-article (1) shall have effect as from the receipt by the local authority of the application for the benefits of this article, but the local authority shall have power, which shall be exercisable at their discretion and as respects which, notwithstanding any other provision of this Scheme, there shall be no appeal, to make the grant with effect from the 27th day of March, 1956.

Miscellaneous

52 General provision as to allowance being for life.

52.

52. Save as otherwise provided by this Chapter, an allowance granted under this Chapter shall be an allowance for the life of the person to whom it is granted.

53 Assignment of allowance, etc.

53.

53. (1) The following provisions shall have effect in relation to any payment (in this article referred to as the grant) payable under this Chapter by a local authority to any person (in this article referred to as the recipient), that is to say—

• (a) every assignment of and charge on the grant and every agreement to assign or charge the grant shall, except so far as it is made for the benefit of the spouse or dependent relatives of the recipient, be void, and on the bankruptcy of the recipient the grant shall not be paid to any trustee or other person acting on behalf of the creditor;

• (b) if the recipient appears to the local authority to be of unsound mind or otherwise incapacitated to act, they may pay so much of the grant as they think fit to the institution or person having the care of the recipient, and may pay the surplus (if any) or such part thereof as they think fit for or towards the maintenance and benefit of the spouse or dependent relatives of the recipient;

• (c) if the recipient or the officer or servant in respect of whom the grant is payable has died and a sum not exceeding such sum as may be fixed from time to time by the Minister for the purposes of this article with the consent of the Minister for Finance, is due on account of the grant, probate or other proof of title of the personal representatives of the deceased may, if the local authority so think fit, be dispensed with and the sum may be paid or distributed to or among the persons appearing to the local authority to be beneficially entitled to the personal estate of the deceased, or to or among any one or more of those persons, or, in the case of the illegitimacy of the deceased, to or among such persons as the local authority think fit, and the local authority and any of their officers making the payment shall be discharged from all liability as respects any such payment or distribution;

• (d) any sum payable to a minor on account of the grant may be paid either to the minor or to such person and on such conditions for the benefit of the minor as the local authority think fit;

• (e) where the payment is made to any person by the local authority in pursuance of this article the receipt of that person shall be a good discharge for the sum paid.

• (2) A local authority may, for any purpose relating to payments made pursuant to this article, require the making of such declarations as they consider necessary, and a person to whom any such payment may be made shall not be entitled to receive such payment if he or she fails to make any declaration which he or she is required as aforesaid to make.

• (3) Any person who makes a wilful misstatement of material fact in any such declaration shall be guilty of an offence under this article and shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds or to imprisonment for any term not exceeding three months.

54 Suspension or reduction of allowance.

54.

54. (1)(a) (i) This paragraph shall, subject to the next paragraph, apply where—

• (I) an allowance (in this paragraph referred to as the allowance) is payable under this Chapter by a local authority to a person (in this paragraph referred to as the pensioner), and

• (II) the pensioner receives any payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) (in this paragraph referred to as the payment) from a local authority for services rendered as an officer or servant or as a teacher employed by a vocational education committee or being services which are paid for by fees in the nature of salary.

• (ii) No more of the allowance shall be paid, for any specified period of receipt of the payment, than so much as, with the payment, equals the remuneration which the pensioner would have received in respect of that period if, during it, he or she—

• (I) held the office or employment in which he or she served on the last day of his or her pensionable service, but

• (II) was remunerated at the rate of remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of which he or she was in receipt on that day, subject, however, in case changes have taken place (or, if the said office or employment has ceased to exist, would have taken place if it had not ceased to exist) in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified.

• (iii) In this paragraph "specified" means specified by the Minister.

• (b) The Minister may, at his or her discretion but subject to the condition specified in paragraph (c), waive the application of paragraph (a) in any particular case, and that paragraph shall there upon not apply in that case.

• (c) The condition referred to in paragraph (b) is that the Minister, after consultation with the authority making the payment, is satisfied that—

• (i) persons with particular training and experience are required for particular work of that authority,

• (ii) the person who is being re-employed has that training and experience, is being re-employed for that work and is otherwise suitable for re-employment in all respects, and

• (iii) it is not practicable to meet that requirement otherwise than by the re-employment of pensioners.

• (d) Paragraph (a) shall not apply where the services are rendered in an office or employment held concurrently with the office or employment in respect of which the allowance was granted.

• (2) Where a person to whom an allowance is payable under this Chapter by a local authority receives payment by the local authority of compensation under section 76 of the Social Welfare (Consolidation) Act, 1993 , or receives payment of injury benefit or disablement benefit under Chapter 10 of Part II of the Social Welfare Consolidation Act, 1993 , no more of the allowance shall be paid to him or her in any year than so much as, taking the said payment into account, equals five-sixths of the remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of the position in respect of which the allowance was granted.

• (3) A local authority paying an allowance to a person to whom sub-article (1) or (2) applies may from time to time, as may appear proper to them for the purpose of giving effect to sub-article (1) or (2) suspend, abate or reduce or otherwise adjust the payments made or to be made by them in respect of the allowance.

• (4) If and so long as, pursuant to this article, an allowance is not paid, any refund of part of such allowance payable under this Scheme shall also not be paid.

• (5) If and so long as, pursuant to this article, the amount payable in respect of an allowance is abated or reduced, any refund of part of such allowance payable under this Scheme shall also be reduced proportionately.

55 Ascertainment of continuance of infirmity.

55.

55. (1) Where an allowance is granted under this Chapter by a local authority to a person who is under the age specified for that allowance in sub-article (2) on the ground that he or she is incapable of performing his or her duties by reason of permanent infirmity of mind or body, the following provisions shall have effect:

• (a) such local authority shall, until such person reaches the said age, ascertain from time to time whether his or her infirmity continues and, for that purpose, may, if they think fit, arrange for medical examinations and require him or her to submit himself or herself thereto;

• (b) if such person fails wilfully or refuses to submit himself or herself to any such medical examination, the allowance payable to him or her by virtue of the grant (together with, in case a former male officer or servant is married and any allowance is payable under article 48 to his wife by reference to the grant, that allowance) shall cease to be paid;

• (c) if not less than two registered medical practitioners nominated by such local authority certify that such person's infirmity has ceased and he or she has been offered a pensionable office or employment under a local authority of a kind similar to his or her former office or employment and at a rate of remuneration not less than that at which he or she was paid immediately before he or she ceased to hold the former office or employment or, as respects a person who is offered such pensionable office or employment on or after the 10th day of January, 1984, at a rate of remuneration not less than the rate of remuneration in respect of that office or employment, as appropriate, at the date of the offer, the allowance payable to him or her by virtue of the grant (together with, in case a former male officer or servant is married and any allowance is payable under article 48 to his wife by reference to the grant, that allowance) shall cease to be paid.

• (2) The age referred to in sub-article (1) is—

• (a) for an allowance granted to a fire brigade officer or servant or a person whose name is entered in a register maintained under section 65 of the Act of 1945 — fifty-five years,

• (b) for any other allowance — sixty years.

• (3) If a person to whom an allowance was granted in respect of a period of pensionable local service for the purposes of articles 5 to 28 or 29 to 47 is offered in pursuance of sub-article (1)(c) a new office or employment and accepts it, the following provisions shall have effect on his or her ceasing to hold the new office or employment:

• (a) for the purposes of article 8(1)(b) or 32(1)(a), such period shall be regarded as not being a period in respect of which he or she has received a lump sum or allowance;

• (b) any lump sum granted to him or her under articles 5 to 28 or any gratuity granted to him or her or his or her legal personal representative under articles 5 to 28 or 29 to 47 shall be reduced by the amount of the lump sum (if any) granted to him or her with the allowance;

• (c) such period shall be regarded as continuous with his or her period of service in the new office or employment and the period during which he or she was in receipt of the allowance shall be disregarded.

• (4) Any dispute between a local authority and a person as to whether a new office or employment offered to such person is, for the purposes of sub-article (1)(c), of a kind similar to his or her former office or employment shall be decided by the appropriate Minister.

• (5) An officer shall be as qualified to hold an office offered to him or her pursuant to this article as he or she would have been if his or her service had not been broken by the period during which he or she was in receipt of the allowance.

56 Cancellation of allowance on conviction of offence.

56.

56. (1) Where a person who is convicted on indictment of any offence and is sentenced to penal servitude or to any term of imprisonment exceeding twelve months is, at the time of the conviction, in receipt of an allowance granted under this Chapter by a local authority, the allowance shall thereupon stand cancelled and cease to be payable.

• (2) Where a conviction which results in the cancellation under this article of an allowance is quashed or annulled or the convicted person is granted a free pardon, the cancellation shall be annulled, in the case of a quashing or annulment, as from the date of the conviction and, in the case of a free pardon, as from the date of the pardon.

• (3) Where any allowance has been cancelled under this article, the local authority by whom the allowance was granted, if they so think proper, may, with the consent of the Minister, restore the allowance either in whole or in part.

57 Particulars of benefits in advance of retirement.

57.

57. (1) Where an officer or servant of a local authority intends to retire from office or employment on a particular date, he or she may, not later than six months and not earlier than twelve months before that date, give to the local authority notice in writing stating—

• (a) that he or she intends to retire on that date,

• (b) the reasons for which he or she intends to retire,

• (c) that he or she wishes to be given particulars of his or her benefits on retirement.

• (2) Where an officer or servant gives to a local authority a notice under this article stating that he or she wishes to be given particulars of his or her benefits on retirement, the local authority shall within two months give to the officer or servant a statement showing—

• (a) whether they intend on such retirement to exercise any power given to them by this Chapter to grant to him or her any lump sum, allowance or gratuity or to return to him or her any contributions or to add any period to his or her service or to reduce the amount of any lump sum or allowance to which he or she may be entitled,

• (b) where they intend to exercise any power such as is mentioned in paragraph (a), particulars of the manner in which they intend to exercise the power,

• (c) the amount of every (if any) lump sum, allowance or gratuity or return of contributions to which, in their opinion having regard to their intentions stated in pursuance of paragraphs (a) and (b), he or she will be entitled on such retirement.

• (3) The provisions of article 282 shall apply in relation to a statement of intentions given by a local authority under paragraph (a) or (b) of sub-article (2) as if the contemplated retirement to which the statement relates had taken place and as if such intentions were decisions taken by the local authority on the date when the statement was given.

• (4) Where in a case in which there has been an appeal by virtue of sub-article (3)—

• (a) the intended retirement of the officer or servant referred to in the notice under sub-article (1) takes place on the date mentioned and for the reasons stated in the notice, and

• (b) the intentions of the local authority shown in the statement given to him or her in pursuance of paragraphs (a) and (b) of sub-article (2), or, if those intentions have been varied on the appeal, those intentions as so varied, are implemented, the said intentions, as implemented, shall not then be subject to any appeal.

58 Repayment of contributions under Act of 1948.

58.

58. Where—

• (a) a person holds a position service in which is capable of being reckoned under this Scheme, and

• (b) before the commencement of articles 48 to 59 contributions were returned to him or her by a local authority under the Act of 1948,

he or she 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 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.

59 Repayment of gratuity.

59.

59. (1) Where a person, having been granted a gratuity by a local authority subsequently 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 such gratuity and, if he or she (or the legal personal representative on his or her behalf) does repay it—

• (a) notwithstanding any other provision, the period in respect of which such gratuity was granted shall be regarded as not being a period in respect of which he or she has received a gratuity, and

• (b) in case any other body recouped any part of it, the local authority shall make the appropriate repayment to such other body.

• (2) 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.

• (3) Where—

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

• (b) the case is one in which the gratuity was 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 48 to 59 and ending on the 31st day of December, 1989, and

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

CHAPTER 3 Provisions applicable to persons who either, being subject to the provisions contained in Chapter 2 of Part II of this Scheme, exercised an option to become subject to the provisions contained in this Chapter or became pensionable after specified dates.

Registration of Officers and Employees

60 Register.

60.

60. (1) A local authority shall maintain a Superannuation Revision Scheme Register (in this Chapter referred to as "the Register") which shall have effect from the 27th day of May, 1977.

• (2) Where a person becomes an eligible officer of a local authority, the local authority shall enter his or her name in Part I of the Register and shall notify him or her accordingly within one month.

• (3)
• (a) Subject to paragraphs (b), (c) and (d), where a person becomes an eligible employee of a local authority, the local authority shall enter his or her name in Part II of the Register and shall notify him or her accordingly within one month.

• (b) Where the person becomes an eligible employee by virtue of paragraph (a)(i) of the definition of "eligible employee" in article 4, the local authority shall make the entry with effect from the expiration of the appropriate local financial year.

• (c) Where the person becomes an eligible employee by virtue of paragraph (a)(ii) of the definition of "eligible employee" in article 4, the local authority shall make the entry with effect from the date immediately following his or her one hundred and thirtieth service day.

• (d) Where the person becomes an eligible employee by virtue of paragraph (b) of the definition of "eligible employee" in article 4, the local authority shall make the entry with effect from the date of his or her becoming an employee of the local authority.

• (4) An officer or employee of a local authority aggrieved by the refusal of or failure by the local authority to enter his or her name in Part I or Part II of the Register, as appropriate, 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 Part I or Part II of the Register, as appropriate, as from a specified date and, in the latter case, the local authority shall enter the name in the Register as from that date.

• (5) A local authority shall keep the Register at all reasonable times at their principal office for inspection by their officers and employees 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.

61 Removal from Register.

61.

61. (1) A local authority shall remove from Part I of the Register the name of any person who ceases to be an eligible officer and shall notify him or her accordingly within one month.

• (2)
• (a) Subject to paragraph (b), a local authority shall remove from Part II of the Register the name of any person who ceases to be an employee of the local authority and shall notify him or her accordingly within one month.

• (b) Notwithstanding paragraph (a), where it is the practice of a local authority to take from time to time any particular person into their employment as an employee after a period during which he or she is not so employed—

• (i) 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 93, 97, 98, 100, 101 and 103(2) be regarded as not having ceased to be so employed, and

• (ii) 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 93, 97, 98, 100, 101 and 103(2), he or she shall be regarded as having then ceased to hold employment.

• (3)
• (a) The removal of a name from either Part I or Part II of 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.

• (b) A person aggrieved by the removal of his or her name by a local authority from Part I or Part II of 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.