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

• (4) Where a registered officer or a registered employee of a local authority ceases to hold office or employment under them, they shall so inform any other local authority under whom such officer or employee holds any office or employment.

Registered Officers

62 General limitations on service to be reckoned by registered officer.

62.

62. (1) A provision of articles 62 to 85 entitling a registered officer to reckon as service any period shall be subject to the overriding qualification that he or she shall not be entitled so to reckon a particular period more than once nor shall he or she be entitled so to reckon any of the following:

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

• (b) (i) 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, or

• (ii) any period in respect of which he or she has already been granted a preserved pension or preserved lump sum under any scheme or Act relating to superannuation,

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

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

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

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

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

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

• (g) any period in respect of which pension rate of pay is paid to him or her, other than such a period which began before the 27th day of May, 1977.

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

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

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

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

• (3) The provisions of sub-article (1)(d)(ii) shall be applied as respects a registered officer who ceased to hold office before the 10th day of January, 1984, for the purpose of determining with effect from the said 10th day of January, the amount of an allowance pursuant to articles 69 and 71 or a preserved pension pursuant to article 77, subject to the proviso that the amount of any additional allowance so payable shall be reduced by one-quarter where the provisions of article 28 (10) apply by virtue of article 85 (4).

63 Reckoning wholetime service of registered officer.

63.

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

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

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

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

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

• (e) (i) service which is reckonable for the purposes of the Superannuation Acts (or which, had it continued until the commencement of section 7 of the Social Welfare Act, 1950 (No. 14 of 1950), would have been reckoned by virtue of that section and section 313 of the Social Welfare (Consolidation) Act, 1981 for the purposes of the Superannuation Acts) being service continuous with subsequent service as a pensionable officer or pensionable servant or as a registered officer or registered employee 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 registered officer on or after the 1st day of November, 1977, service which is reckonable for the purposes of the Superannuation Acts (or which, had it continued until the commencement of section 7 of the Social Welfare Act, 1950 (No. 14 of 1950), would have been reckoned by virtue of that section and section 313 of the Social Welfare (Consolidation) Act, 1981 for the purposes of the Superannuation Acts) being service which is succeeded, either immediately or at a later date, by service as a pensionable officer or pensionable servant or as a registered officer or registered employee 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) (i) any period of pensionable service as a secondary or national school teacher other than any period, contributions being payable in respect of service during that period, in respect of which such contributions were not paid,

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

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

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

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

• (j) not more than two years' emergency military service, not being service referred to in paragraph (h), where for such period the person—

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

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

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

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

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

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

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

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

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

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

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

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

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

• (k) not more than two years' service as a member of the army nursing service during the period beginning on the 2nd day of September, 1939 and ending on the 31st day of October, 1946, subject to the proviso that such service shall not be reckonable—

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

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

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

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

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

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

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

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

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

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

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

• (4) Where, as respects a registered officer,—

• (a) he or she had—

• (i) periods of wholetime service as a temporary officer of a local authority during which he or she was not a registered officer, or

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

• (b) the periods specified in paragraph (a) were at any time succeeded by a period of service in a position service in which is capable of being reckoned under this Scheme,

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

• (5) Where, as respects a registered officer,—

• (a) he or she had periods of wholetime service while employed as a personal assistant by an officer of a local authority under an arrangement approved of by that local authority, and

• (b) the periods specified in paragraph (a) were at any time succeeded by a period of service in a position service in which is capable of being reckoned under this Scheme,

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

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

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

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

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

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

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

"emergency military service" means any period during which a person described in paragraph (j) of sub-article (1) 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 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.

• (8) Notwithstanding the provisions of section 63(5) of the Act of 1945, a registered officer to whom the provisions of that section apply may elect to have the provisions of sub-article (4) applied to him or her in lieu of the provisions of the said section 63(5).

• (9) The provisions of sub-article (1)(g)(iii) shall be applied for the purpose of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to articles 69 and 71 or a preserved pension pursuant to article 77 in relation to a registered officer who ceased to hold office before the 10th day of January, 1984, subject to the proviso that the amount of the additional allowance so payable shall be reduced by one-quarter where the provisions of article 28(10) apply by virtue of article 85(4).

64 Reckoning part-time service of registered officer.

64.

64. (1) Subject to sub-articles (2) and (6), where a registered officer of a local authority had former part-time service as an officer or as an employee of that local authority or of any other local authority he or she shall—

• (a) where he or she ceased to be a registered officer before the 10th day of January, 1984, provided he or she ceased to be fully insured on becoming a pensionable officer or pensionable servant or a registered officer or registered employee, or

• (b) where he or she is a registered officer on or after the 10th day of January, 1984,

be entitled to reckon the part-time service as service, as follows:

• (i) where the part-time service was given prior to the 27th day of May, 1977, it shall be reckoned as to one-half of comparable wholetime service, and

• (ii) where the part-time service was given on or after the 27th day of May, 1977, it shall be reckoned in the proportion which the hours worked bear to comparable wholetime service.

• (2)
• (a) Part-time service as a vocational school teacher shall be reckoned only in each school year where the officer had—

• (i) at least four hundred hours teaching service in that year, or

• (ii) not having had a minimum of four hundred hours teaching service in a school year, in any week during such school year where he or she had at least ten hours teaching service in that week.

• (b) Part-time service, other than as a vocational teacher, shall be reckoned on in any week where an officer or employee worked at least eighteen hours.

• (3) Where a registered officer who is not fully insured is entitled to reckon a period of part-time service as an officer of a local authority given on or after the 1st day of April, 1948, pursuant to sub-articles (1) and (2), a contribution shall be paid by him or her, or on his or her behalf, amounting to five per cent. of the aggregate salary and of the aggregate value of emoluments, if any, received by him or her in respect of such service or amounting to three per cent. in the case of a registered officer to whom the provisions of article 80(5) apply.

• (4) Where a registered officer who is not fully insured is entitled to reckon a period of part-time service as an employee of a local authority, pursuant to sub-articles (1) and (2), a contribution shall be paid by him or her, or on his or her behalf, in respect of so much of such service as occurred on or after the commencement, in relation to such local authority, of Part III of the Act of 1948, or articles 29 to 47, or of this Chapter, whichever is the earlier, amounting to—

• (a) in case he or she is an officer to whom the provisions of article 80(5) apply, three per cent. of the aggregate wages and of the aggregate value of the emoluments, if any, received by him or her in respect of such service, and

• (b) in any other case—

• (i) four per cent. of the aggregate wages and of the aggregate value of the emoluments, if any, received by him or her in respect of so much of such service as occurred before the 27th day of May, 1977, and

• (ii) three and one-half per cent. of the amount by which the aggregate of his or her weekly wages and the weekly value of his or her emoluments, taken together, for so much of such period as occurred on or after the 27th day of May, 1977, exceed twice the aggregate of the personal weekly rate of old age contributory pension payable for such period together with one and one-half per cent. of the aggregate wages and of the aggregate value of emoluments, if any, received by him or her in respect of such period.

• (5) Where a registered officer of a local authority who is fully insured is entitled to reckon a period of part-time service as an officer or an employee of a local authority, pursuant to sub-articles (1) and (2), a contribution shall be paid by such person, or on his or her behalf, at the rate of—

• (a) three and one-half per cent. of the amount by which, at the date of payment of the contribution—

• (i) as respects a person who is sharing a whole-time office with one other officer under an approved job-sharing scheme — his or her annual rate of salary and the annual value of his or her emoluments, taken together, as increased by one hundred per cent.,

• (ii) in any other case — his or her annual rate of salary and the annual value of his or her emoluments, taken together,

exceed twice the annual equivalent of the personal weekly rate of old age contributory pension, and

• (b) one and one-half per cent., at the date of payment of the contribution, of—

• (i) as respects a person who is sharing a whole-time office with one other officer under an approved job-sharing scheme — his or her annual rate of salary and the annual value of his or her emoluments, taken together, as increased by one hundred per cent.,

• (ii) in any other case — his or her annual rate of salary and the annual value of his or her emoluments, taken together, multiplied by the number of years of such service.

• (6) A registered officer to whom the provisions of sub-article (3), (4) or (5) apply, shall contribute to his or her employing local authority in accordance with the provisions of the said sub-article (3), (4) or (5), as appropriate, together with, in any case to which sub-article (3) or (4) applies, 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.

• (7) The provisions of this article shall not apply as respects a period of part-time service given as a pensionable officer or as a registered officer.

• (8) For the purpose of this article "school year" shall mean a year commencing on the 1st day of September and ending on the following 31st day of August.

• (9)
• (a) The provisions of sub-articles (3) and (4) of article 80 shall apply in relation to contributions paid pursuant to sub-article (3), (4) and (5).

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

• (10) The provisions of sub-article (1)(b) shall be applied for the purposes of determining with effect from the 10th day of January, 1984 the amount of an allowance pursuant to articles 69 and 71 or a preserved pension pursuant to article 77 in relation to a registered officer who ceased to hold office before the 10th day of January, 1984, subject to the proviso that the amount of any additional allowance payable under article 71 shall be reduced by one-quarter where the provisions of article 28(10) apply by virtue of article 85(4).

65 Pensionable local service of registered officer.

65.

65. (1) For the purposes of this Chapter, the pensionable local service of a registered officer at any time shall, subject to sub-article (3)(b), be the period or the aggregate of the periods which under articles 62 to 85 he or she is entitled at that time to reckon as service.

• (2) Notwithstanding sub-article (1) and subject to sub-article (3)(a), where the period or the aggregate of the periods which under articles 62 to 85 a registered officer who is a fire brigade officer or whose name is entered in a register maintained under section 65 of the Act of 1945 is entitled to reckon as service is more than twenty years, then, for the purposes of articles 62 to 85, the pensionable local service of such officer shall be that period or aggregate together with the excess of that period or aggregate over twenty years.

• (3)
• (a) Where a registered officer who becomes a fire brigade officer or whose name is entered in a register maintained under section 65 of the Act of 1945, on or after the 1st day of January, 1986, had a period or periods of service other than as a fire brigade officer or as an officer whose name was entered in the said register maintained under section 65 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 62 to 85, then for the purposes of articles 62 to 85, 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 registered officer, not being a fire brigade officer or an officer whose name is entered in a register maintained under section 65 of the Act of 1945, had a period or periods of service which he or she is entitled to reckon as service under articles 62 to 85 during which he or she was a fire brigade officer or his or her name was entered in a register maintained under section 65 of the Act of 1945, or he or she was otherwise eligible for enhanced credit under a provision which corresponds to sub-article (2), such service shall, where the last such period ended on or after the 1st day of January, 1986, be increased by one-third for the purposes of sub-article (1).

66 Addition to pensionable local service of registered officer.

66.

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

• (a) he or she is removed from office for a cause other than misconduct, unfitness or permanent infirmity of mind or body,

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

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

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

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

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

• (2) Where a registered officer of a local authority whose pensionable local service is ten years or more or, in the case of a registered officer referred to in sub-article (6), five years or more, ceases to hold his or her office otherwise than by removal for misconduct or unfitness, the local authority may, if they so think fit, add to his or her pensionable local service a period not exceeding ten years or, where a period has been added under sub-article (1), not exceeding the difference between that period and ten years, but such an addition shall not be made save in the circumstances set out in sub-articles (3) to (8).

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

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

• (a) a period shall not be added save for the purpose of the calculation of a lump sum under article 70 and an allowance under article 71;

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

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

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

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

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

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

• (5)
• (a) Subject to sub-article (8) and article 68(9), where a registered officer of a local authority retires from an office which is—

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

• (ii) an office of part-time dispensary midwife and the officer is a person to whom the provisions of article 28 apply by virtue of article 85(4), or

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

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

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

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

• (6)
• (a) Where a registered officer of a local authority retires or is removed from office because of permanent infirmity of mind or body before attaining the age-limit for the office, or in case there is no age-limit, before attaining the age of sixty-five years, the local authority may add to his or her pensionable local service—

• (i) where his or her pensionable local service is not less than five years, and less than ten years

• (I) a period equivalent to that pensionable local service, or

• (II) a period equivalent to the additional period of pensionable local service which the officer would have had if he or she had served in the period beginning on the date immediately following the date he or she ceased to be a registered officer and ending on his or her sixty-fifth birthday,

whichever is the less;

• (ii) where his or her pensionable local service is not less than ten years, and less than twenty years, the more favourable of—

• (I) twenty years, less that pensionable local service, or a period equivalent to the additional period of pensionable local service which the officer would have had if he or she had served in the period beginning on the date immediately following the date he or she ceased to be a registered officer and ending on his or her sixty-fifth birthday, whichever is the less, or

• (II) six years and two hundred and forty-three days, or a period equivalent to the additional period of pensionable local service which the officer would have had if he or she had served in the period beginning on the date immediately following the date he or she ceased to be a registered officer and ending on the date he or she would have reached the minimum retiring age, whichever is the less;

• (iii) where his or her pensionable local service is twenty years or more—

• (I) six years and two hundred and forty-three days, or

• (II) a period equivalent to the additional period of pensionable local service which the officer would have had if he or she had served in the period beginning on the date immediately following the date he or she ceased to be a registered officer and ending on the date he or she would have reached the minimum retiring age,

whichever is the less.

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

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

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

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

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

the local authority may add to his or her pensionable local service a period not exceeding one-quarter of the difference between his or her pensionable local service (together with any period added under any other sub-article) and forty years.

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

• (9) For the purposes of this article—

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

67 Service of registered officer at termination of office.

67.

67. For the purposes of articles 62 to 85, the service of a registered officer at the termination of office shall be his or her pensionable local service together with any additional years added under article 66.

68 Non-consultant hospital doctors.

68.

68. (1) For the purposes of this article—

"non-consultant hospital doctor" means a person who is appointed in a temporary capacity for a specified period to a wholetime office of intern, house officer or registrar in a hospital who for such period holds either provisional or full registration or, with effect from the 6th day of April, 1990, temporary registration with the Medical Council;

"voluntary hospital" means a hospital which has adopted the Voluntary Hospitals' Superannuation Scheme, 1969.

• (2) Notwithstanding the definition of "eligible officer" in article 4, a local authority shall enter in Part I of the Register—

• (a) with effect from the 1st day of October, 1979, the name of any person who is a non-consultant hospital doctor whose contract of service with them as such doctor commenced before the 1st day of October, 1979, unless before the 30th day of September, 1979, he or she notified the local authority in writing that he or she did not wish to have his or her name so entered, and

• (b) with effect from the date of his or her appointment, the name of any person appointed by them as a non-consultant hospital doctor whose contract of service as such with them commences on or after the 1st day of October, 1979, irrespective of whether in any previous contract of employment with the local authority or with any other local authority he or she notified such local authority that he or she did not wish to have his or her name so entered.

• (c) with effect from the 6th day of April, 1990 or, if later, the date of his or her appointment, the name of any person appointed by them as a non-consultant hospital doctor who holds temporary registration with the Medical Council.

• (3) A local authority who enters the name of a person in Part I of the Register, pursuant to this article, shall notify him or her accordingly, within one month.

• (4) A local authority shall remove from Part I of the Register the name of any non-consultant hospital doctor who ceases to be employed by them as such save where he or she becomes employed by them as an eligible officer and shall notify him or her accordingly within one month.

• (5) The provisions of sub-articles (4) and (5) of article 63 shall not apply to a registered officer of a local authority in relation to wholetime service which he or she gave as a doctor to the local authority or any other local authority, where—

• (a) he or she is a registered officer by virtue of sub-article (2), or

• (b) not now being a registered officer by virtue of sub-article (2) he or she was at sometime previously—

• (i) a registered officer by virtue of sub-article (2), or

• (ii) a non-consultant hospital doctor who was pensionable under the Voluntary Hospitals' Superannuation Scheme, 1969, or

• (iii) a non-consultant hospital doctor who was pensionable under the St. Laurence's Hospital Superannuation Scheme, or

• (iv) eligible to become a registered officer by virtue of sub-article (2), or eligible as a non-consultant hospital doctor to become pensionable under the Voluntary Hospitals' Superannuation Scheme, 1969, or under the St. Laurence's Hospital Superannuation Scheme.

• (6)
• (a) A registered officer of a local authority to whom sub-article (5) applies shall be entitled to reckon the following periods of service as service:

• (i) wholetime service as a non-consultant hospital doctor with the local authority or any other local authority given before the 1st day of October, 1979,

• (ii) wholetime service as a non-consultant hospital doctor in a voluntary hospital or in St. Laurence's Hospital given before the 1st day of July, 1979,

• (iii) wholetime service given by an officer with a local authority hospital or with a voluntary hospital or with St. Laurence's Hospital which would have been service as a non-consultant hospital doctor had he or she been provisionally or fully registered as a medical practitioner for such period,

• (iv) any other wholetime service as a doctor which he or she gave as a temporary officer to the local authority or any other local authority.

• (b) A contribution as set out in paragraph (c) following in respect of service which is reckonable under paragraph (a) shall be paid to the local authority by, or on behalf of, a registered officer of a local authority where contributions in respect of such service were not already paid to the local authority or to any other local authority or to a voluntary hospital or to St. Laurence's Hospital, or, having been so paid, were returned to him or her in error.

• (c) (i) The contributions referred to in paragraph (b) payable by a registered officer who is not fully insured shall, in respect of each office held during such service, be determined—

• (I) in case the period of service being reckoned was given on or after the 1st day of January, 1969, at the rate of five per cent., and

• (II) in case the period of service being reckoned was given before the 1st day of January, 1969, at the rate of two and one-half per cent.

of an amount corresponding to what the officer's annual rate of salary and annual value of emoluments, if any, would be on the date of payment of the contribution, if he or she held the office on such date, for each whole year he or she held such office and where he or she held such office for a part of a year, of such an amount as is proportionate to that part of a whole year.

• (ii) The contributions referred to in paragraph (b) payable by a registered officer who is fully insured shall be at the rate of—

• (I) three and one-half per cent. of the amount by which, at the date of payment of the contribution—

• (A) as respects a person who is sharing a wholetime office with one other officer under an approved job-sharing scheme — his or her annual rate of salary and the annual value of his or her emoluments, taken together, as increased by one hundred per cent.,

• (B) in any other case — his or her annual rate of salary and the annual value of his or her emoluments, taken together,

exceed twice the annual equivalent of the personal weekly rate of old age contributory pension, and

• (II) one and one-half per cent., at the date of payment of the contribution, of—

• (A) as respects a person who is sharing a wholetime office with one other officer under an approved job-sharing scheme — his or her annual rate of salary and the annual value of his or her emoluments, taken together, as increased by one hundred per cent.,

• (B) in any other case — his or her annual rate of salary and the annual value of his or her emoluments, taken together,

multiplied by the number of years of such service.

• (7) A contribution under paragraph (b), as determined under paragraph (c)(i), of sub-article (6) shall be paid—

• (a) by payment of amounts calculated in respect of one or more complete years, or

• (b) by payment of an amount calculated in respect of all the service in respect of which a contribution is payable or the balance of such service in respect of which contributions have not already been paid.

• (8)
• (a) Contributions received by a local authority under paragraph (b) of sub-article (6) shall be retained by such local authority.

• (b) Agreements pursuant to articles 279(9) and 280 shall be deemed to apply between local authorities in relation to service which is reckoned pursuant to paragraph (a) of sub-article (6) and to contributions paid pursuant to paragraph (b) of that sub-article.

• (9) The provisions of article 66(5) shall not apply to a registered officer who retires from office as a non-consultant hospital doctor.

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

69.

69. (1) Where—

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

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

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

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

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

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

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

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

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

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

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

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

• (3)
• (a) (i) Notwithstanding sub-article (1) and articles 73, 74, 75, 77 and 277 the grant of a lump sum, allowance or other gratuity to or in respect of a manager who ceases to hold office on or after the 1st day of December, 1991 shall be a function of the Minister and such lump sum, allowance or other gratuity granted by the Minister shall be paid by the local authority with which the manager was pensionable on the date he or she ceased to hold office.

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

• (3)
• (b) In consequence of the provisions of paragraph (a)(i)—

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

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

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

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

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

70 Determination of lump sum granted to registered officer.

70.

70. (1) The amount of the lump sum to be granted under article 69 to a registered officer shall be equal to—

• (a) three-eightieths of his or her pensionable remuneration multiplied by the number of years in his or her service at the date of cesser of office, or

• (b) one and one-half times his or her pensionable remuneration,

whichever is the less.

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

71 Determination of allowance granted to registered officer.

71.

71. (1) The allowance to be granted under article 69 to a registered officer who is not fully insured on his or her ceasing to hold office shall be—

• (a) an allowance at the rate per annum of one-eightieth of such person's pensionable remuneration multiplied by the number of years in his or her service at the date of cesser of office, or

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

whichever is the less.

• (2) The allowance to be granted under article 69 to a registered officer who is fully insured on his or her ceasing to hold office shall be—

• (a) an allowance at the rate per annum of one-eightieth of the amount by which such person's pensionable remuneration exceeds twice the annual equivalent of the personal weekly rate of old age contributory pension at the date of cesser of office, multiplied by the number of years in his or her service at the date of cesser of office, or

• (b) an allowance at the rate per annum of one-half of the amount by which his or her pensionable remuneration exceeds twice the annual equivalent of the personal weekly rate of old age contributory pension at the date of cesser of office,

whichever is the less.

• (3)
• (a) Where a registered officer who is fully insured ceases to hold his or her office—

• (i) because of having become incapable of performing his or her duties by reason of permanent infirmity of mind or body, or

• (ii) on or after attaining the age of sixty years or, in relation to a registered officer who is a fire brigade officer and who ceases to hold his or her office on or after the 21st day of February, 1996, on attaining the age of fifty-five years,

with entitlement to an allowance under sub-article (2), the local authority may pay to such person a supplementary annual allowance the amount of which shall not be greater than the amount by which the allowance which would have been payable to him or her under sub-article (1) if he or she were not fully insured exceeds the allowance payable to him or her pursuant to sub-article (2), together with, where paragraph (b)(ii) applies, the annual equivalent of the reduced personal rate of disability benefit, old age contributory pension, retirement pension or unemployment benefit for the time being payable to such person.

• (b) The supplementary allowance referred to in paragraph (a) shall be payable in respect of any period or periods after cesser of office during which such person, while under or over the age of sixty-five years, is unemployed and—

• (i) fails to qualify for invalidity pension, unemployment benefit, disability benefit, retirement pension or old age contributory pension where such failure is due to causes outside his or her own control, or

• (ii) qualifies for unemployment benefit, disability benefit, retirement pension or old age contributory pension at a reduced personal rate due to causes outside his or her own control or at a rate less than the personal rate of old age contributory pension.

72 Reduction of lump sum and allowance of registered officer for unsatisfactory service.

72.

72. (1) Where a local authority decide under article 69 that a registered officer shall be granted a reduced lump sum and allowance the following provisions shall apply:

• (a) subject to the provisions of sub-article (2), as respects a person who ceased to hold office as a registered officer before the 10th day of January, 1984, the amount of the lump sum and the rate per annum of the allowance granted to him or her under article 69 shall be reduced below the amount and rate that would be appropriate therefor under articles 70 and 71 and to an extent not less than fifty per cent., and

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

• (i) the amount of the lump sum that would be appropriate under article 70 shall be reduced by the amount of any loss of funds to the local authority for which the person is culpable and, in addition, where the amount of the loss of funds is greater than the amount of the lump sum, payment of the allowance that would be appropriate under article 71 shall be suspended until such time as the total loss is recovered by the local authority, or

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

• (2) Where it is favourable to him or her, the provisions of sub-article (1)(b) shall be applied in relation to a registered officer who was granted a reduced lump sum and allowance under article 69 and who ceased to hold office before the 10th day of January, 1984, with effect from the 10th day of January, 1984, or, where the provisions of sub-article (1)(b)(i) are applied, from a date, not earlier than the said 10th day of January, on which the total loss of funds is recovered by the local authority, for the purpose of determining the rate of allowance under article 71.

73 Grant of short service gratuity to registered officer.

73.

73. (1) Subject to sub-article (2), where a registered officer of a local authority having not less than one year and less than five years of pensionable local service ceases to hold office, the local authority shall, in any of the cases specified in sub-article (3), grant to him or her a gratuity of such amount, not exceeding one-twelfth of his or her pensionable remuneration, multiplied by the number of years in his or her pensionable local service, as they consider proper.

• (2) The gratuity under sub-article (1) shall be increased as respects a registered officer whose pensionable local service at date of cesser of office is not less than two years and less than five years and who ceases to hold office on account of being incapable of performing his or her duties by reason of permanent infirmity of mind or body, by the addition of an amount equal to three-eightieths of his or her pensionable remuneration multiplied by the number of years in his or her pensionable local service.

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

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

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

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

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

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

74 Grant of gratuity in respect of deceased registered officer.

74.

74. (1) Where a registered officer of a local authority dies in office the local authority shall grant to his or her legal personal representative a gratuity of an amount equal to—

• (a) his or her pensionable remuneration, or

• (b) an amount equal to the lump sum which would be payable to him or her under article 70 if he or she had retired on the date of death because of permanent infirmity of mind or body,

whichever is the greater.

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

75 Grant of gratuity in respect of deceased grantee under article 69.

75.

75. Where a person, who was a registered officer of a local authority and who was granted under article 69 a lump sum and allowance on ceasing to hold office, dies before the total of all the sums received by him or her on foot of the lump sum and allowance is equal to his or her pensionable remuneration, the local authority shall grant to his or her legal personal representative, or, if he or she dies on or after the 1st day of January, 1986, at the discretion of the local authority, to the widow, widower or legal personal representative, as appropriate, a gratuity equal to the difference between the said total amount and the said pensionable remuneration.

76 Grant of gratuity to female registered officer on marriage.

76.

76. (1) Where a female registered officer resigns from office with a local authority and—

• (a) she became such an officer before the 1st day of June, 1978,

• (b) she continued to be such an officer from the 1st day of June, 1978 to the date her resignation had effect,

• (c) she has not less than five years of pensionable local service,

• (d) she does not accept any other position service in which is capable of being reckoned under this Scheme,

• (e) she produces, within three months of her resignation or such longer period as the local authority may allow in the circumstances of the particular case, to the local authority a certificate of her marriage,

• (f) in the case of her marriage on or before the 31st day of May, 1976 — her resignation occurs on or before the 30th day of June, 1978, or, in the event of her not having five years of pensionable local service by the said 30th day of June, 1978, on the date, not later than the 30th day of November, 1979, on which she has five years of pensionable local service,

• (g) in the case of her marriage on or after the 1st day of June, 1976, and not later than the 30th day of November, 1977 — her resignation occurs on or before the 30th day of June, 1978, or not later than two years from the date of her marriage, whichever is the later, or, in the event of her not having five years of pensionable local service on the 30th day of June, 1978 or at the expiration of two years from the date of her marriage, on the date, not later than the 30th day of November, 1979, on which she has five years of pensionable local service,

• (h) in the case of her marriage on or after the 1st day of December, 1977 — her resignation occurs not later than two years from the date of her marriage,

the following provisions shall have effect:

• (I) if the local authority are of opinion that she has served in her office with diligence and fidelity and to their satisfaction, the local authority shall grant to her a gratuity of an amount equal to one-twelfth of her pensionable remuneration, multiplied by the number of years in her pensionable local service, or her pensionable remuneration, whichever is the less;

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

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

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

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

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

• (III) notwithstanding the provisions of clauses (I) and (II), where a female officer referred to in paragraph (f) had five years of pensionable local service on the 31st day of May, 1978, or, on a date during the month of June, 1978, the amount of the gratuity which may be granted to her shall be determined by reference to her pensionable remuneration and pensionable local service on the 31st day of May, 1978, or, where she first attained five years of pensionable local service between that date and the 30th day of June, 1978, on the day on which she so attained such five years of pensionable local service, and any contributions paid by her pursuant to article 80 subsequent to such date shall be returned to her;

• (IV) notwithstanding the provisions of clauses (I) and (II), where a female officer referred to in paragraph (g) had five years of pensionable local service on a date before the 30th day of June, 1978 and the period of two years from the date of her marriage expired on a date during the said month of June, 1978, the amount of the gratuity which may be granted to her shall be determined by reference to her pensionable local service as at the later of the said two dates, and any contributions paid by her pursuant to article 80 subsequent to such later date shall be returned to her.

• (2) Where a female person became a registered officer of a local authority on or after the 1st day of June, 1978, the provisions of sub-article (1) in relation to the grant of a gratuity shall, notwithstanding paragraphs (a) and (b) of that sub-article, apply to her provided that immediately before she became such registered officer she had a continuous period of wholetime service in a position service in which is capable of being reckoned under this Scheme and that for the whole or part of such period she was a person to whom a superannuation scheme, which included entitlement to a marriage gratuity, applied.

• (3) A marriage gratuity shall not be granted to a female registered officer who was already married before becoming such registered officer unless the marriage took place during a period of wholetime service which is capable of being reckoned under this Scheme.

• (4) A female registered officer of a local authority to whom a gratuity may be granted under this article may apply in writing to the local authority to opt for preserved superannuation benefits under article 77 in lieu of the said gratuity.

77 Grant of preserved benefits to registered officer.

77.

77. (1) (a) Where a registered officer of a local authority having at least five years of pensionable local service has ceased to hold office other than—

• (i) in such circumstances that benefit under this Chapter, other than a benefit under this article, arises, or

• (ii) on removal from office for misconduct or unfitness, or

• (iii) subject to paragraph (b) on becoming employed in another position service in which is capable of being reckoned under this Scheme, and the local authority either are of opinion that in general he or she has served in such office with diligence and fidelity and to their satisfaction, or, not being of that opinion, they nevertheless decide that, in the special circumstances of the case, he or she should be granted a reduced preserved pension and reduced preserved lump sum, or if he or she dies before being granted such pension and lump sum, a preserved death gratuity should be granted in respect of him or her, they shall, on written application by him or her, grant a preserved pension and preserved lump sum to him or her—

• (I) in case he or she has ceased to hold office and the local authority at any time decide that he or she would have ceased to hold office because of permanent infirmity of mind or body if he or she had remained in such office after the date he or she ceased to hold the office, with effect from the 10th day of January, 1984 or the date on which the decision is made, whichever is the later,

• (II) in any other case — with effect from the date he or she attains sixty years of age,

or, if he or she dies before attaining sixty years of age and a decision under clause (I) has not been made in respect of him or her, they shall grant a preserved death gratuity 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, on application by the widow, widower or legal personal representative.

• (b) Notwithstanding the provisions of paragraph (a)(iii), a preserved pension and preserved lump sum may, on written application to the local authority, be granted to a registered officer of a local authority who ceases to hold office on or after the 1st day of July, 1989 on becoming employed in a position service in which is capable of being reckoned under this Scheme, subject to the conditions set out in sub-article (5)(b).

• (2)
• (a) Notwithstanding the provisions of article 80(3), where a registered officer of a local authority ceases to hold office with entitlement to a preserved lump sum and preserved pension or to a preserved death gratuity, the local authority shall notify him or her, in writing, of the amount of any contributions outstanding under this Chapter and unless such contributions are paid to the local authority within twelve months of such notice, they shall fall to be recovered, in due course, from the preserved lump sum and preserved pension or preserved death gratuity arising under sub-article (1).

• (b) Where contributions fall to be recovered from a preserved lump sum and preserved pension or from a preserved death gratuity pursuant to paragraph (a), the amount of such contributions shall be increased to the amount equivalent to what they would be—

• (i) as respects a registered officer who is not fully insured, if the aggregate salary or wages and emoluments, if any, of each office and employment in respect of which the contributions are payable was increased by reference to the rate of salary or wages and emoluments, if any, applicable to each such office or employment on the last effective date of increases under the Pensions (Increase) Act, 1964 , prior to—

• (I) in case he or she is awarded a preserved lump sum and preserved pension pursuant to sub-article (1)(i) — the effective date of such award,

• (II) in case he or she is awarded a preserved lump sum and preserved pension pursuant to sub-article (1)(ii) — the date he or she attains sixty years of age, or

• (III) in case a preserved death gratuity is awarded in respect of him or her — the date of his or her death, and

• (ii) as respects a registered officer who is fully insured, if they were calculated by reference to the equivalent of pensionable remuneration and twice the annual equivalent of the personal weekly rate of old age contributory pension referred to in sub-article (5).