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

104. (1) Where, after the contributions have been returned under article 43 or 103 to a pensionable servant or a registered employee of a local authority on his or her ceasing to be a pensionable servant or a registered employee or contributions have been returned to an employee under section 10 of the Act of 1909 or to an employee under section 86 of the Act of 1945, he or she 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, other than a former pensionable servant whose employment in a pensionable capacity in such position is continuous with former service in a pensionable capacity in a position or positions service in which is capable of being reckoned under this Scheme and which commenced before the 27th day of May, 1977, he or she (or such person's legal personal representative on his or her behalf) shall be entitled to repay to the local authority the amount so returned by them, together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, 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, on or after the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme, other than a former pensionable servant whose employment in a pensionable capacity in such position is continuous with former service in a pensionable capacity in a position or positions service in which is capable of being reckoned under this Scheme and which commenced before the 27th day of May, 1977, he or she (or such person's legal personal representative on his or her behalf) shall be entitled to repay to the local authority the amount so returned by them, together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, 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, before the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme, subject to the proviso that the addition of compound interest shall not apply in any such case where the repayment is made before the expiration of twelve months after the date he or she is notified in writing of his or her entitlement under this sub-article.

• (4) Where—

• (a) a registered employee of a local authority has any period of service (other than as an employee 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, together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, 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 this Chapter and ending on the 31st day of December, 1989, and

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

105 Exclusions from wages and emoluments.

105.

105. (1) In articles 86 to 107 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 registered employee 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 five hundred or more service days reckoned back from termination of employment, subject to such conditions as may be specified by the Minister,

• (ii) in respect of a registered employee 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 two hundred and fifty or more service days reckoned back from termination of employment, subject to such conditions as may be specified. by the Minister, including transitional provisions in respect of registered employees 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 86 to 107 part of the wages of a particular employee, of employees of a particular class or of every employee, and thereupon, notwithstanding sub-article (1), "wages" shall in articles 86 to 107, include, as respects that employee, employees of that class or every employee (as may be appropriate), payments of that kind.

106 Calculation of pensionable remuneration of registered employee.

106.

106. (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 registered employee.

• (2) The pensionable remuneration of a registered employee for the purposes of articles 86 to 107 shall be—

• (a) in case he or she has been an employee 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 employees to which he or she belonged at the expiration of the relevant period;

• (b) in case—

• (i) he or she dies, or

• (ii) he or she ceases to hold employment because of his or her having become incapable of performing his or her duties by reason of permanent infirmity of mind or body,

his 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 provided his or her pensionable remuneration would have been so determined if—

• (I) in the case of paragraph (b)(i) he or she had continued in employment until the attainment of the age of sixty-five years, and

• (II) in the case of paragraph (b)(ii) he or she had continued in employment until the attainment of the minimum retiring age therefor;

• (c) in any other case—

the uprated average weekly rate of his or her wages during the relevant period determined in accordance with the formula set out in the table hereto together with the weekly average of his or her emoluments (if any) during that period.

TABLE

(A x B)	+	(C x D)
N	N

where—

A is the number of calendar days in the relevant period from the commencement of that period to the date his or her position changed,

B is the weekly rate of wages at the expiration of the relevant period which he or she would have had if he or she had continued to be employed in the position in which he or she was employed at the commencement of the relevant period,

C is the number of calendar days in the relevant period served in the position which he or she held at the expiration of the relevant period,

D is his or her weekly rate of wages at the expiration of the relevant period,

N is 1095 days where the relevant period is three years and, in any other case, is the number of calendar days in the relevant period,

provided that, if his or her position changed more than once during the relevant period, the formula shall be modified by the insertion after the value [image omitted], of the value,

[image omitted] in respect of each such additional N change, where in any value so inserted—

E equals the number of calendar days in the relevant period served in the additional position to which the value relates, and

F equals the weekly rate of wages at the expiration of the relevant period which he or she would have had if he or she had continued to be employed in the additional position to which the value relates.

• (3)
• (a) Where a registered employee 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 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 of the increase provided for in Clause 2 of the Public Service Pay Agreement not been postponed by the said paragraph 1 to the 1st day of January, 1983.

• (b) Where a registered employee 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 registered employee 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 employee has been an employee 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)(c), be regarded as wages.

• (5) Notwithstanding any other provisions of this Chapter, 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)
• (a) In this article "the relevant period" means—

• (i) in case the first day of the service of the employee 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 employee'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 an employee 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 employee's first service day.

• (7)
• (a) Notwithstanding the provisions of sub-article (2)(a), where a registered employee, between the 10th day of January, 1984 and the 31st day of March, 1997, ceases to hold employment on reaching the age of sixty-five years, and within a period not exceeding three calendar months after such cesser, the rate of wages for the class or grade of employees to which he or she belonged at the date of cesser of employment is increased as a result of a general wages increase affecting all classes and grades of employees, then, the wages of such employee shall, subject to the determination of the Minister as respects any cesser arising before the 6th day of September, 1993, for the purposes of article 94 only, be deemed to be the wages which would have been appropriate had such increase in the rate of wages been applicable on the date the employee ceased to hold employment, provided that the employee is alive on the date the increase in wages becomes effective.

• (b) Notwithstanding the provisions of sub-article (2)(a), where a registered employee on or after the 1st day of April, 1997, ceases to hold employment on reaching the age of sixty-five years, and within a period not exceeding three calendar months after such cesser, the rate of wages for the class or grade of employees to which he or she belonged at the date of cesser of employment is increased as a result of a general wages increase affecting all classes and grades of employees, then, the lump sum determined under article 94 may be adjusted to take account of the wages which would have applied on the date of such general wages increase, provided that the employee is alive on the date the increase in wages becomes effective.

• (8) Where the terms of an agreement on pay in the public service made with the consent of a Minister of the Government and the Minister for Finance specify that the pensionable remuneration of a registered employee for the purposes of determining a lump sum under article 94, a lump sum under article 94 together with an allowance under article 95, a short service gratuity under article 97, a death gratuity under article 98 or a marriage gratuity under article 100 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 registered employee who is sharing wholetime employment with one other employee 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.

107 Transitional provisions for articles 86 to 107.

107.

107. (1) (a) (i) Where, at any time between the 27th day of May, 1977 and the 31st day of May, 1978, a person, being a pensionable servant of a local authority, (not being a person who gave notice in writing under article 30(1)(b) in the month of January, 1978 that his or her name was to be removed from the register of pensionable servants maintained by any local authority under article 29), opted, in writing, before the 30th day of June, 1978, or, being a person who had service such as is referred to in article 87, the 28th day of September, 1979, to the local authority to have the provisions of this Chapter applied to him or her, the local authority shall transfer his or her name from the register of pensionable servants maintained by them under the provisions of article 29 and shall enter his or her name in Part II of the Register and the entry shall have effect as if it had been made on the 27th day of May, 1977, or, on the date, not being after the 31st day of May, 1978, on which he or she became such pensionable servant.

• (ii) Where, on the 1st day of January, 1990, a person, being a pensionable servant of a local authority, opted, in writing, before the 30th day of November, 1990, to the local authority to have the provisions of this Chapter applied to him or her, the local authority shall transfer his or her name from the register of pensionable servants maintained by them under the provisions of article 29 and shall enter his or her name in Part II of the Register and the entry shall have effect as if it had been made on the 1st day of January, 1990.

• (b) An option referred to in paragraph (a) exercised by the legal personal representative of a person shall be regarded as an exercise by that person.

• (2)
• (a) Where a person, being a mental hospital employee on the 27th day of May, 1977, not being a pensionable servant of a local authority on account of an option which he or she exercised pursuant to article 29(4)(d), opted, in writing, before the 30th day of June, 1978, to the local authority to have the provisions of this Chapter applied to him or her, the local authority shall enter his or her name in Part II of the Register and the entry shall have effect as if it had been made on the 27th day of May, 1977.

• (b) An option referred to in paragraph (a) exercised by the legal personal representative of a person shall be regarded as an exercise by that person.

• (3) The following provisions shall have effect in relation to a mental hospital employee whose name is entered in Part II of the Register on account of an option referred to in sub-article (2):

• (a) where immediately before becoming so registered he or she was contributing under section 9 of the Act of 1909 and was for the purposes of that Act a servant of the first class, the provisions of sections 77, 78 and 79 of the Act of 1945, shall, notwithstanding paragraph (a) of subsection (2) of section 64 of that Act, apply to him or her and, for this purpose, his or her name shall be deemed to be entered in the register maintained under section 65 of that Act;

• (b) where immediately before becoming so registered he or she was subject, by virtue of section 64 of the Act of 1945, to the Act of 1909, he or she shall, on becoming so registered, cease to be subject to that Act;

• (c) as respects a person other than a person to whom paragraph (b) applies—

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

• (II) subsection (2) of section 63 and sections 77, 78 and 79 of the said Act shall not apply to him or her save as respects a continuous period as a mental hospital employee beginning not later than the 27th day of May, 1977;

• (d) the provisions of paragraph (c) shall also apply as respects a person whose name is entered in Part II of the Register otherwise than on account of an option exercised by him or her pursuant to sub-article (2) provided the entry is made from the expiration of a continuous period of such person's being a mental hospital officer which began not later than the 27th day of May, 1977, and as from which date the person's name was entered in Part I of the Register on account of an option exercised by him or her pursuant to article 85(2).

• (4) The provisions of article 47(2) shall apply as respects a registered employee to whom, immediately before he or she became a registered employee, such provisions applied.

• (5)
• (a) No contribution under article 102 shall be required during a continuous period of service after becoming a registered employee from a person who, immediately before he or she became a registered employee, was a person to whom sub-article (5), (7) or (8) of article 47 applied.

• (b) No contribution under article 102 shall be required during a continuous period of service after becoming a registered employee from a person who, immediately before he or she became a registered employee, was then a person to whom article 85(5)(a) applied.

• (6)
• (a) Provisions corresponding to those contained in sub-article (5) of article 64, paragraph (b)(ii) of article 77(2), paragraphs (b), (c) and (d) of article 77(7), paragraph (b) of article 80(2), sub-article (4) of article 82 and sub-article (3) of article 117 shall be deemed to apply to an established employee of a local authority who is fully insured and, for this purpose,—

• (i) references to "office", "registered officer", "other officer" and "salary" shall be construed, respectively, as references to "employment", "established employee", "other employment" and "wages", and

• (ii) other references to provisions which apply to registered officers shall, where appropriate, be construed as references to the corresponding provisions which apply to registered employees.

• (b) In this sub-article, "established employee" means a registered employee of a local authority who is fully insured who would not have been fully insured had he been employed as a registered employee before the 6th day of April, 1995.

Additional Benefits

108 Surrender of portion of allowance.

108.

108. (1) Where—

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

• (b) he is entitled to an allowance (other than a preserved pension) under articles 62 to 85 or 86 to 107,

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 employee of a local authority ceases to hold her office or employment, and

• (b) she is entitled to an allowance (other than a preserved pension) under articles 62 to 85 or 86 to 107,

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 purpose of determining whether any, and, if so, what amount may be paid to him or her, having regard to article 113(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 75 (where applicable), the total of all 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 99 (where applicable), the total of all 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.

109 Gratuity or allowance in case of injury.

109.

109. (1) Where an officer or employee 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,

• (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 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.

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

110.

110. 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—

• (i) he or she is removed from 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 years in the continuous period ending at the time of such grant during which paragraph (a) of this article applied to him or her.

Miscellaneous

111 General provision as to allowance being for life.

111.

111. Save as otherwise provided by this Chapter, an allowance (including a preserved pension) granted under this Chapter shall be an allowance for the life of the person to whom it is granted.

112 Assignment of allowance, etc.

112.

112. (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 wife or husband or dependent relatives of the recipient;

• (c) if the recipient or the officer or employee 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.

113 Suspension or reduction of allowance.

113.

113. (1) (a) (i) This paragraph shall, subject to paragraph (b), apply where—

• (I) an allowance (including a preserved pension) (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 employee 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 thereupon 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 (including a preserved pension) 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 (including a preserved pension) 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 (including a preserved pension) 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 (including a preserved pension) is abated or reduced, any refund of part of such allowance payable under this Scheme shall also be reduced proportionately.

114 Ascertainment of continuance of infirmity.

114.

114. (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 grounds 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 employee is married and any allowance is payable under article 108 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 employee is married and any allowance is payable under article 108 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 employee 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 62 to 85 or 86 to 107 is offered in pursuance of paragraph (c) of sub-article (1) 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 62(1)(b) or 86(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 or any gratuity granted to him or her or his or her legal personal representative under articles 62 to 85 or 86 to 107 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 paragraph (c) of sub-article (1), 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.

115 Cancellation of allowance on conviction of offence.

115.

115. (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 (including a preserved pension) 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.

116 Particulars of benefits in advance of retirement.

116.

116. (1) Where an officer or employee 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 employee 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 employee 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 (including a preserved lump sum or preserved pension) 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 (including a preserved lump sum or preserved pension) 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 employee 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.

117 Repayment of gratuity.

117.

117. (1) Where a person, having been granted a gratuity by a local authority, subsequently 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, other than—

• (a) a person whose employment in a pensionable capacity in such position is continuous with former service in a pensionable capacity in a position or positions service in which is capable of being reckoned under this Scheme and which commenced before the 27th day of May, 1977, or

• (b) the repayment of a marriage gratuity by a person whose husband died after she had ceased to hold the office or employment in respect of which the gratuity was granted and before the date of her subsequent appointment to a position in a pensionable capacity service in which is capable of being reckoned under this Scheme, during a continuous period of such service 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 to repay to the local authority such gratuity, together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and, if he or she (or the legal personal representative on his or her behalf) does repay it—

• (i) 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

• (ii) 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, before the 27th day of May, 1977, in a position service in which is capable of being reckoned under this Scheme subject to the proviso that the addition of compound interest shall not apply in any such case where the repayment is made before the expiration of twelve months after the date he or she is notified in writing of his or her entitlement under this sub-article.

• (3) Where a person who was not fully insured ceased to be a pensionable officer or a registered officer of a local authority, was granted a gratuity by such local authority, subsequently becomes a registered officer of a local authority who is fully insured and decides (or, in the event of his or her death in service, such person's legal personal representative on his or her behalf decides) to repay the gratuity that was so granted to him or her—

• (a) in case the person resigned with an entitlement to a marriage gratuity under article 76 and did not exercise the option referred to in sub-article (4) of that article and makes application in writing under the provisions of article 77(7)(d) to restore the entitlement under article 77, the provisions of sub-article (1) shall apply in relation to such repayment,

• (b) in any other case, the amount to be repaid by him or her shall be determined by the formula

where

A is the amount that would be repaid if the provisions of sub-article (1) applied in relation to such repayment,

B is the amount that would have been contributed by such person by reference to the annual rate of salary and the annual value of emoluments, if any, applicable to him or her on the date of cesser of office, following which the gratuity was granted, if he or she had been fully insured and article 80(1)(b) and, where appropriate, article 124 or 188 had applied to him or her at that time, and

C is the amount that was contributed by such person by reference to the annual rate of salary and the annual value of emoluments, if any, applicable to him or her on the date of cesser of office, following which the gratuity was granted, under article 80(1)(a) and, where appropriate, article 124 or 188.

• (4) 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 this Chapter and ending on the 31st day of December, 1989, and

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

PART III SPOUSES AND CHILDRENS PENSION PROVISIONS

CHAPTER 1 Provisions applicable to officers which were formerly contained in the Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984.

118 Interpretation.

118.

118. (1) In this Chapter—

"child", subject to sub-article (2)(b), means,

• (a) (i) a legitimate child of the deceased or a person lawfully adopted by the deceased, and

• (ii) with effect from the 1st day of January, 1979, a step-child of the deceased, who is

• (I) under sixteen years of age, or

• (II) under the age of twenty-one years or, with effect from the 1st day of January, 1997, twenty-two years and is receiving full-time instruction at any university, college, school or other educational establishment, or

• (III) under the age of twenty-one years or, with effect from the 1st day of January, 1997, twenty-two years and is undergoing full-time instruction or training by any person (in this Chapter referred to as "the employer") for any vocation, profession or trade, being instruction or training approved of by the Minister for the purposes of this Chapter, and

• (b) with effect from—

• (i) the 27th day of May, 1977 as respects a legitimate child of the deceased or a person lawfully adopted by the deceased, or

• (ii) the 1st day of January, 1979 as respects a step-child of the deceased,

includes a legitimate child of the deceased, a person lawfully adopted by the deceased or a step-child of the deceased who is permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself and who when his or her permanent incapacity first occurred was under the age specified in clause (I), (II) or (III), as appropriate, of paragraph (a) of this definition;

"children's pension" has the meaning assigned to it by article 120;

"contributing member" means a member who is serving as a pensionable officer or as a registered officer of a local authority;

"the deceased" has the meaning assigned to it by article 120;

"the deceased's pension", subject to sub-article (3), means,

• (a) where, prior to the 27th day of May, 1977, he is awarded a pension, such pension,

• (b) where, prior to the 1st day of June, 1973 , he dies while serving as a pensionable officer having given at least five years' reckonable service, the pension which would have been granted to him if, on the date of death, he retired b cause of permanent infirmity of mind or body and then had the service which he would have and if he had served to age 65,

• (c) where, prior to the 27th day of May, 1977, he retires because of permanent infirmity of mind or body and either, having at least five and less than ten years' reckonable service, was awarded a short service gratuity or, having given ten years' or more reckonable service, was awarded pension — with effect from the said 27th day of May, the pension which would be granted to him if he then had the service which he would have had if he had served to age 65,

• (d) where he or she is awarded a pension on or after the 27th day of May, 1977, otherwise than on retirement because of permanent in infirmity of mind or body, such pension,

• (e) in relation to a pensionable officer, where on or after the 27th day of May, 1977, on retirement because of permanent infirmity of mind or body having given at least five and less than ten years' reckonable service, he is awarded a short service gratuity or, having given ten years' or more reckonable service, is awarded a pension, the pension which would be granted to him if he then had the service which he would have had if he had served to age 65,

• (f) in relation to a registered officer, where he or she is awarded a pension, on or after the 27th day of May, 1977, on retirement because of permanent infirmity of mind or body, the pension which would be granted to him or her if he or she then had the service which he or she would have had if he or she had served to age 65,

• (g) where, on or after the 1st day of June, 1973, he or she dies while serving as a pensionable officer of a local authority or as a registered officer of a local authority, the pension which would be granted to him or her if, on the date of death, he or she retired because of permanent infirmity of mind or body and then had the service which he or she would have had if he or she had served to age 65,

• (h) where a preserved pension was in payment to the deceased, such pension,

• (i) where, having resigned with entitlement to a preserved pension the deceased dies before attaining sixty years of age or before applying for the preserved pension, the preserved pension which would be granted to him or her if he or she had then reached his or her sixtieth birthday and had applied for the preserved pension;

"former member" means a person who, being then married, retired from a local authority with a prospective entitlement under this Chapter or under Chapter 2, 3 or 4 of this Part;

"member" means a person to whom, pursuant to article 119, this Chapter applies;

"periodic contributions" has the meaning assigned to it by article 124 (3);

"reckonable service" has the same meaning as "pensionable local service" save that any increased period of pensionable local service under article 10(2) or (3) or 65(2) or (3) shall be disregarded;

"service" other than in the expressions "pensionable local service" and "reckonable service", means a member's pensionable local service together with any period added to his or her pensionable local service under article 11 or 66 or, where appropriate, which would have been added to his or her pensionable local service if he or she had served to age 65;

"widow's or widower's pension" has the meaning assigned to it by article 120.

• (2)
• (a) Where, in relation to a person referred to in clause (II) or (III) of paragraph (a) of the definition of "child" in sub-article (1), a break occurs in his or her full-time instruction o training, then, he or she shall, for the duration of such break, be regarded as having ceased to be a child for the purposes of this Chapter.

• (b) The following shall not be regarded s a child within the meaning of this Chapter namely:

• (i) a person who was not wholly or mainly dependent on a member immediately prior to the member's death,

• (ii) a person who is married or is cohabiting with another as man and wife, or

• (iii) a person referred to in clause (II ) of paragraph (a) of the said definition of "child" to whom, or in respect of whom, emoluments in respect of such instruction or training are payable by, or on behalf of, the employer and which are of such an amount in the opinion of the Minister, either generally, or in a particular case, as makes the person self-supporting,

provided that if there are compassionate grounds for so doing, the local authority may, subject to the direction of the Minister as respects any decision arising under this paragraph before the date of the making of this Scheme, decide, as respects a person who apart from this paragraph would be such a child, that notwithstanding this paragraph the person shall, with effect from such date as is specified in the decision, be regarded as being such a child and in case the local authority so decide under this paragraph then for so long as the decision is in force this Chapter shall, as regards the person to whom the decision relates, be construed and have effect accordingly.

• (3)
• (a) In determining "the deceased's pension" by reference to paragraph (c), (e) or (f) of the definition of "the deceased's pension" account shall not be taken of any period of pensionable local service which an officer would have had from the date of his or her retirement if he or she had served to age 65 where any such period is reckoned under any other Scheme or Act for the provision of spouses' or children's pensions by a body service in which is capable of being reckoned under this Scheme.

• (b) Contributions paid by an officer in respect of a period referred to in paragraph (a) shall be returned by the local authority to his or her legal personal representative.

• (c) Where, subsequent to the date on which a member ceases to be a contributing member, the pension payable to him or her falls to be increased otherwise than in accordance with the Pensions (Increase) Act, 1964 (No. 10 of 1964), and regulations thereunder, or would, were he or she alive, fall to be so increased from a particular date, such increase shall be taken into account for the purpose of determining the deceased's pension in accordance with the definition of "the deceased's pension" in sub-article (1) from such date or from the date of commencement of payment of a widow's or widower's pension or children's pension in respect of him or her under this Chapter, whichever is the later.

• (4)
• (a) Any reference in this Chapter to an adopted child of a member shall be construed as a reference to a child adopted by him or her (whether alone or jointly with any other person) either in pursuance of an adoption order or in accordance with the law of a country or territory other than the State and recognised by the law of the State as valid, and references to lawfully adopted or to a person by whom another person has been adopted shall be construed accordingly.

• (b) Where a married member applies, before the termination of his or her contributing membership, for an adoption order in respect of a child and dies before the adoption procedure is completed and the child is subsequently adopted by the member's spouse, the child shall, from the date on which the member has custody of him or her, be deemed, for the purposes of this Chapter, to be the member's duly adopted child.

119 Members.

119.

119. (1) This Chapter applies to a male person who—

• (a) became a pensionable officer on or after he 1st day of January, 1970, or

• (b) became a registered officer before the 1st day of January, 1986 by virtue of article 60 or 68,

with effect from the date of becoming so pensionable or registered.

• (2)
• (a) This Chapter applies to a male person who, having been a pensionable officer at any time between the 23rd day of July, 1968 and the 1st day of December, 1969, either between the said 23rd day of July, 1968 and the 31st day of December, 1971 elected in writing or did not decline in writing to have this Chapter applied to him, with effect from the 23rd day of July, 1968 or from the date he became a pensionable officer, whichever is the later.

• (b) Paragraph (a) shall apply, mutates mutandis, to the widow or legal personal representative of a person to whom that paragraph applies.

• (3) This Chapter shall continue to apply to a male person who became a registered officer under article 85(1) or (2) and to whom this Chapter applied immediately before becoming such registered officer.

• (4) This Chapter applies to a female person who became a registered officer between the 1st day of October, 1984 and the 31st day of December, 1985, with effect from the date of becoming so registered.

• (5)
• (a) This Chapter applies to a female person who, having been a registered officer at any time between the 10th day of January, 1984 and the 30th day of September, 1984, elected in writing during that period to have this Chapter applied to her, with effect from the 10th day of January, 1984 or from the date she became a registered officer, whichever is the later.

• (b) Paragraph (a) shall apply, mutatis mutandis, to the widower or legal personal representative of a person to whom that paragraph applies.

• (6)
• (a) Subject to article 136, this Chapter applies to a female person who, having been a pensionable officer at any time between the 10th day of January, 1984 and the 30th day of September, 1984, elected in writing during that period to have this Chapter applied to her, with effect from the 10th day of January, 1984.

• (b) Paragraph (a) shall apply, mutatis mutandis, to the widower or legal personal representative of a person to whom that paragraph applies.

• (7) This Chapter shall cease to apply to a person who—

• (a) ceases to be a pensionable officer unless he immediately becomes a registered officer,

• (b) ceases to be a registered officer, or

• (c) elects in writing to have Chapter 5 applied to him or her by virtue of article 183(2) or (3).

120 Power to grant windows' or widowers' and children's pensions.

120.

120. (1) Subject to sub-articles (2) and (3), a local authority shall, on the death of a contributing or former member or of a person whose spouse died while he or she was a contributing member (in this Chapter referred to as "the deceased") to whom or in respect of whom a pension, death gratuity, preserved pension or preserved death gratuity, or a short service gratuity (by reason of his having ceased to hold office because of permanent infirmity of mind or body after at least five years' reckonable service) has been, or is, awarded, grant in respect of him or her—

• (a) where he or she leaves a spouse, a pension to that spouse (hereafter in this Chapter referred to as a "widow's or widower's pension"), and

• (b) where he or she had a spouse at any time after this Chapter applies to him or her (whether or not the marriage continued until his or her death and whether or not a widow's or widower's pension is, or can be, granted) a pension for the children of the marriage, and, in the circumstances specified in this Chapter, for other children of his or her (in this Chapter referred to as a "children's pension"),

provided that any marriage of the deceased which takes place after he or she has ceased to be a contributing member shall not be taken into account for the purposes of his Chapter, and accordingly any reference to a marriage, a spouse or the children of the deceased shall be construed in accordance with the foregoing.

• (2) A widow's or widower's pension or children's pension shall not be granted in respect of a period before the 27th day of May, 1977 as respects an officer who retires because of permanent infirmity of mind or body before that date having at least five but less than ten years' reckonable service and in the case of any such officer to whom contributions were returned or by whom contributions were not paid in accordance with article 128(1) in respect of relevant years, the payment of the widow's or widower's pension or children's pension in his respect shall be subject to the proviso that such contributions are repaid or paid, as appropriate.

• (3) A widow's or widower's pension or children s pension shall not be granted in respect of an officer who died while he or she was a contributing member unless the local authority are satisfied that he or she would, regard being had to article 13(1)(b) or 69(1)(b), have been granted a pension had he or she retired on the date he or she died.

121 Widows' or widowers' pensions.

121.

121. (1) A widow's or widower's pension shall not be granted or paid under this Chapter—

• (a) where the spouse was at the time of the death of the member cohabiting with a person other than the deceased as man and wife, or

• (b) in respect of any time after the said death when the spouse is remarried or is so cohabiting with any person.

• (2) Notwithstanding sub-article (1), where—

• (a) a pension under this Chapter is not granted or ceases under the said sub-article (1), and

• (b) at a date subsequent to the marriage or cohabitation by reason of which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf of, the spouse of a member, is satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension, such local authority may, if they think fit, and, as respects any application received before the 6th day of September, 1993, subject to the approval of the Minister, grant or regrant, as may be appropriate, the pension as from,

• (i) in case the marriage or cohabitation has come to an end, the date on which the marriage or cohabitation ended,

• (ii) in any other case, a date not earlier than the date on which the relevant application is received by the local authority.

• (3)
• (a) A spouse shall not be eligible for a widow's or widower's pension under this Chapter in respect of more than one member; where a spouse would, apart from this article, be eligible for a widow's or widower's pension in respect of two or more members the spouse shall be treated under this Chapter in the way which will give the most favourable result for the spouse.

• (b) A spouse shall not be eligible for a widow's or widower's pension under this Chapter where he or she is eligible for a more favourable pension under Chapter 2, 3, 4, 5 or 6 of this Part.

• (4) Subject to sub-article (1) and to article 120(2), a widow's or widower's pension may be paid for the whole of the period beginning on the death of the deceased and ending with the death of the spouse.

• (5) The rate of a widow's or widower's pension shall be one-half of the rate of the deceased's pension and where the deceased's pension was reduced by virtue of articles 13(1)(b) and 16 or 69(1)(b) and 72, of the deceased's pension as if it had not been so reduced.

• (6) Notwithstanding sub-article (5), on the death on or after the 27th day of May, 1977 of a contributing member or former member, other than a former member who qualifies for a preserved pension, the rate of a widow's or widower's pension may, in respect of the first month after his or her death, be increased—

• (a) in case he or she dies while a contributing member, to one-twelfth of his or her pensionable remuneration,

• (b) in case he or she dies after being granted a pension and the rate of pension payable to him or her on the date of his or her death is greater than the rate of widow's or widower's pension otherwise payable under this Chapter, to one-twelfth of the said rate of pension,

• (c) in case he or she dies while on sick leave at pension rate of pay and that rate is greater than the rate of widow's or widower's pension otherwise payable under this Chapter, to one-twelth of the said pension rate of pay,

provided that the rate as so increased shall be reduced by the rate of any children's pension payable under this Chapter and provided also that the amount payable to the spouse under this Chapter in respect of the period of one month commencing on the day immediately following that of the deceased's death may be paid at any time on or after the first day of the said period.

122 Children's pensions, beneficiaries.

122.

122. (1) A children's pension may not be granted under this Chapter in respect of a child,

• (a) where the deceased remained unmarried during the period commencing on the 23rd day of July, 1968, or on the date on which this Chapter first applied to him or her, if later, and ending on the date on which he or she ceased to be contributing member, or

• (b) where the child was born more than ten months after the deceased ceased to be a contributing member, or

• (c) where he or she is the adopted child of the deceased, and

• (i) the deceased remained unmarried during the period this Chapter applied to him or her, or

• (ii) the child was adopted by the deceased after

• (I) the date of termination of the deceased's last marriage, or

• (II) the date on which the deceased ceased to be a contributing member, or

• (d) where he or she is the step-child of the deceased and the deceased's marriage to the child's mother or father took place after the deceased's last day of reckonable service.

• (2)
• (a) A child shall not be eligible for a children's pension under this Chapter in respect of more than one member; where a child would, apart from this sub-article, be eligible for a children's pension in respect of two or more members, the child shall be treated under this Chapter in the way which will give the most favourable result for the child.