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

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

123 Children's pensions, rate and mode of payment.

123.

123. (1) A children's pension under this Chapter shall be paid to the relevant member's spouse where the eligible children are in his or her care, and in case any child in respect of whom the pension is payable is not in his or her care, the part of the pension attributable to that child shall be paid either to the child or to such other person as the relevant local authority may determine. Where children are in the care of several persons the children's pension shall be paid to those persons in such proportions as the local authority may determine.

• (2) A children's pension paid to any person shall be so paid for the benefit of the children for whom it is granted.

• (3) Subject to sub-article (7) and to article 120(3), a children's pension may be paid in relation to the period or periods subsequent to the date of death of the deceased (or, if later, the date of birth of the child) during which the person remains a child within the meaning of this Chapter.

• (4) During the period beginning on the commencement of this Chapter and ending on the 26th day of May, 1977, the rate of children's pension under this Chapter shall be,

• (a) where the deceased leaves no spouse or, where he or she leaves a spouse and the spouse dies, two-twelfths of the deceased's pension where there is one child plus one-twelfth for each additional child up to a fourth additional child,

• (b) subject to sub-article (6), where the deceased leaves a spouse, one-twelfth of the deceased' pension multiplied by the number of children not exceeding six.

• (5) As of and from the 27th day of May, 1977, the rate of children's pension under this Chapter shall be,

• (a) where the deceased leaves no spouse or, here he or she leaves a spouse and the spouse dies, four-twelfths of the deceased's pension where there is one child, or six-twelfths where there are two or more children,

• (b) subject to sub-article (6), where the deceased's spouse is surviving, two-twelfths of the deceased's pension multiplied by the number of children not exceeding three.

• (6)
• (a) Where the children of the deceased are a the time of, or at any time after, his or her death in the care of some person other than his or her spouse, the local authority may, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that for so long as they are in such care sub-article (4)(a) or (5)(a) or both of those sub-articles shall apply notwithstanding that the spouse is still alive, and in case the local authority so decide this article shall be construed and shall have effect accordingly.

• (b) Where some but not all of the children of the deceased are at the time of, or at any after, his or her death in the care of a person other than his or her spouse, the rate of that portion of the children's pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rates specified in sub-articles (4)(a) and (5)(a) or either of those sub-articles, as appropriate, provided that the amount of children's pension payable in respect of a deceased shall not exceed one-half of the rate of the deceased's pension.

• (7) Notwithstanding the foregoing provisions of this article, where the deceased leaves a spouse and no widow's or widower's pension is granted to him or her under this Chapter, or, if one is so granted and it ceases to be paid before his or her death, no children's pension shall be payable under this Chapter as respects any period comprised within the lifetime of the spouse or within the time in respect of which no widow's or widower's pension is payable, as may be appropriate, unless the local authority, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that such a pension shall be so payable, and, in case the local authority so decide, they may further decide that sub-article (6) shall apply as respects any such period.

124 Periodic contributions.

124.

124. (1) A member, being a pensionable officer or a registered officer of a local authority, shall, with effect from the 1st day of January, 1969, or the date of becoming a member, if later, contribute to such local authority at the rate of one and one-half per cent. of

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

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

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

• (2) The contribution referred to in sub-article (1) shall be paid at such times and in such manner as the relevant local authority may determine until he or she ceases to be a contributing member.

• (3) Contributions payable under this article are in this Chapter referred to as "periodic contributions".

• (4) Periodic contributions shall not be payable under this Chapter by a member for any period which does not constitute pensionable local service.

• (5) The provisions of article 23(4) or 80(4) shall apply to contributions paid under this article as if they were contributions paid under the said article 23 or 80.

125 Return of contributions.

125.

125. (1) Where a member,

• (a) ceases to be a contributing member and was unmarried at all times during which this Chapter applied to him or her, or

• (b) on ceasing to be a contributing member otherwise than on death, having been married at any time during the period during which this Chapter applied to him or her, either

• (i) is not eligible for the grant of a pension and lump sum, or a preserved pension and preserved lump sum, or

• (ii) having retired because of permanent infirmity of mind or body before the 27th day of May, 1977, or, being a pensionable officer, on or after the 27th day of May, 977, and having given at least five and less than ten years' reckonable service is not awarded a short service gratuity,

and he or she does not accept any other position service in which is capable of being reckoned under this Scheme, or, if he or she does so accept such a position or subsequent such positions, either a spouses' and children's pension scheme reciprocal generally with this Chapter does not apply to him or her or where such a scheme does apply to him or her but he or she dies with less than the minimum service to qualify for benefit thereunder or he or she ceases to hold such a position in corresponding circumstances to the circumstances described in paragraph (a) and (b) and does not accept any other position service in which is capable of being reckoned under this Scheme where a spouses' and children's pension scheme reciprocal generally with this Chapter applies to him or her, or

• (c) having been married at any time during the period, or for a portion of the period, during which this Chapter applied to him, ceases prior to the 1st day of June, 1973 to be a contribution member due to death and had less than five year ' reckonable service,

then the local authority with which he or she was in employment before such cesser shall return to him or her, or to his or her legal personal representative, the aggregate amount of the contributions which he or she paid under articles 124 and 128 (5) together with corresponding contributions, if any, which he or she paid in respect of service which is capable of being reckoned under this Scheme, and which have not otherwise been returned.

• (2) In any case other than a case mentioned in sub-article (1), the local authority shall return to a member on his or her ceasing to be a contributing member, or if his or her membership ceases due to death, to his or her legal personal representative, such part of his or her initial and immediately subsequent contributions, or in the case referred to in paragraph (c), such part of his or her final and immediately preceding contributions as is in each case necessary to secure that the period in respect of which contributions are paid by him or her without being returned,

• (a) does not exceed forty years, and

• (b) is, in case he is a pensionable officer at date of cesser, and exact number of years, and

• (c) if he or she is unmarried when he or she ceases to be a contributing member, does not exceed a period equal—

• (i) where he or she is an officer to whom an addition to service is applicable pursuant to article 11(5) or 66(5) to his or her pensionable local service at the date of his or her spouse's death together with that part of the said addition to service as may be obtained by the formula A/B x C where

A equals his or her pensionable local service at the date of his or her spouse's death,

B equals his or her pensionable local service at date of cesser of office,

C equals the addition applicable to his or her service at date of cesser of office pursuant to article 11(5) or 66(5),

• (ii) in any other case — to his or her pensionable local service at the date of his or her spouse's death.

• (3) Where a married member retires because of permanent infirmity of mind or body and his or her spouse subsequently dies before he or she attains the age of sixty-five years, contributions paid in respect of a period in excess of the period referred to in sub-article (2)(c) shall be returned by the local authority to him or her, or in case he or she has also died, to his or her legal personal representative.

• (4) Where any contributions are returned under this article they shall be returned without interest.

• (5) Where a local authority return contributions under this article and the amount returned includes a sum for contributions made by the officer in question in respect of service which is capable of being reckoned under this Scheme and held by any other body, that body shall, subject to article 280, recoup such sum to the local authority.

• (6) Where a body, service under which is capable of being reckoned under this Scheme returns contributions made under this article and the amount returned includes a sum for contributions held by any local authority, that local authority shall, subject to article 280, recoup such sum to the body.

126 Repayment of contributions.

126.

126. (1) Where contributions are returned by a local authority to a person under article 125, and

• (a) this Chapter subsequently applies to him r her, or

• (b) he or she subsequently becomes a member of a scheme granting pension rights which are reciprocal generally with this Chapter being a person who is employed in a position service in which is capable of being reckoned under this Scheme,

he or she shall be entitled to repay such contributions 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 does repay the said amount and any other body recouped any part of it, the local authority shall, subject to article 280, make the appropriate repayment to the other body.

• (2) The provisions of article 25(5) or 82(5) shall apply to contributions repaid under this article.

127 Former members becoming contributing members.

127.

127. (1) Where a former member becomes a contributing member within the meaning of this Chapter, any prospective entitlement to widow's or widower's pension or children's pension under this Chapter in respect of his or her previous membership or under Chapter 2, 3 or 4 of this Part shall be disregarded.

• (2) Where this Chapter or Chapter 2 of this Part had at any time previously applied to a person who becomes a contributing member within the meaning of this Chapter, and such person had paid periodic contributions under either of the said Chapters, the period in respect of which he or she paid such periodic contributions shall be excluded in determining the number of relevant years under article 128(10) where,

• (a) no return of contributions is, or was, made, or

• (b) such contributions, having been returned, are repaid in accordance with article 126.

• (3) Where a person to whom sub-article (1) applies became a former member by retiring on pension the contribution payable under article 128(2) at the termination of his or her final period of contributing membership shall be reduced by the amount of the contribution paid under that article or under article 148(2) when he or she became a former member, no return of that contribution having been made.

128 Non-periodic contributions.

128.

128. (1) Where a member was married at any time during the period during which this Chapter applied to him or her and he or she either,

• (a) ceases to be a contributing member before the 1st day of June, 1973, and such cesser is due to,

• (i) death or retirement because of permanent infirmity of mind or body in either case after at least five years of reckonable service, or

• (ii) retirement on pension, or

• (b) ceases to be such member after the 1st day of June, 1973 and before the 27th day of May, 1977, and such cesser is due to,

• (i) death, or

• (ii) retirement because of permanent infirmity of mind or body after at least five years of reckonable service, or

• (iii) retirement on pension, or

• (c) ceases to be such member on or after the 27th day of May, 1977, and such cesser is due to

• (i) death, or

• (ii) retirement because of permanent infirmity of mind or body after at least five years of reckonable service, or

• (iii) retirement on pension or resignation with entitlement to a preserved pension

then, unless the periodic contributions fall to be returned under article 125(1), or unless the number of relevant years is nil, a contribution under this article will be payable by way of reduction in the amount of a member's lump sum or death gratuity or short service gratuity or preserved lump sum or preserved death gratuity, or in such other manner as the local authority may require.

• (2) A contribution under this article shall be equal to one per cent. of the member's pensionable remuneration multiplied by the number of relevant years, subject to the proviso that where the contribution is being deducted by way of reduction in the amount of a member's lump sum, it shall be based on the pensionable remuneration, regard being had to article 27(8) or 84(7), by reference to which the lump sum is determined.

• (3) Where the contribution is being deducted from a preserved lump sum or preserved death gratuity, the contribution will be calculated by reference to the pensionable remuneration, as increased under the Pensions (increase) Act, 1964 (No. 10 of 1964), if appropriate, on which the preserved lump sum or preserved death gratuity was based.

• (4) Where, subsequent to the date on which a member ceases to be a contributing member, the pension payable to him or her or to his or her spouse (but not the lump sum, death gratuity or short service gratuity) falls to be increased otherwise than in accordance with the Pensions (Increase) Act, 1964 , and regulations thereunder, the local authority may adjust the amount of the contribution under this article to take account of the increase.

• (5) At the discretion of the local authority and subject to conditions specified by the Minister, a member may elect to pay to such local authority over a period specified by the Minister, additional contributions equal in each case to the amount of the periodic contributions payable in respect of that period or, as respects a person who is sharing a whole-time office with one other officer under an approved job-sharing scheme, twice such amount, and in case one or more such additional contributions are made, this article shall apply to the person by whom the contribution or contributions is or are made subject to the following modification, namely, in calculating what is the number of relevant years that number shall be reduced by the said specified period for every contribution made by the person under this sub-article.

• (6)
• (a) For the purposes of this Chapter any period by which the number of relevant years is reduced on account of payment of contributions under sub-article (5) shall be regarded as having been served with the local authority to which such contributions were paid.

• (b) The provisions of article 23(4) or 80(4) shall apply to contributions paid under sub-article (5).

• (7) Service in excess of forty years shall be disregarded for the purpose of this article.

• (8) Where a member to whom this article applies gave service otherwise than as a pensionable officer or a registered officer but which is capable of being reckoned under this Scheme, any portion of that service during which he or she paid periodic contributions under a scheme which is reciprocal generally with this Chapter may, provided those contributions were not returned to him or her, or , having been returned, are repaid by him or her, be excluded in determining the number of relevant years under this article.

• (9) Any reduction effected under this article in the amount of any lump sum shall be left out of account for the purposes of article 19 or 75, and, accordingly, the question whether any and, if so, what gratuity may be granted under the said article 19 or 75 shall be determined as if no such reduction as aforesaid had been or had to be made.

• (10) In this article "the number of relevant years" means—

• (a) in the case of a member who, being then married, ceases to be a contributing member before the 1st day of June, 1973,

• (i) where such cesser was caused otherwise than by death, the number of whole years of service which he then had, any fraction of a year being disregarded,

• (ii) where, having at least five years' reckonable service, such cesser was due to death, the number of years of service which he would have had if he had served to age 65, any fraction of a year being disregarded,

reduced in each case by the number of years, if any, for which periodic contributions have been paid by him and are not returnable;

• (b) in the case of a member who, being then married, ceases to be a contributing member on or after the 1st day of June, 1973 and before the 7th day of May, 1977,

• (i) where such cesser was caused otherwise than by death, the number of years of service which he then had, any fraction of a year being disregarded,

• (ii) where such cesser was due to death, he number of years of service which he would have had if he had served to age 65, any fraction of a year being disregarded,

reduced in each case by the number of years, if any, for which periodic contributions have been paid by him and are not returnable;

• (c) in the case of a member who, being then unmarried, ceases to be a contributing member before the 27th day of May, 1977, and in the case of a member who is a pensionable officer and who, being then unmarried, ceases to be a contributing member on or after the 27th day of May, 1977,

• (i) where he is an officer to whom at cesser of office an addition to service is applicable pursuant to article 11(5) — the number of years of pensionable local service which he had on the date of termination of his last marriage before such cesser together with that part of the said addition to service as may be obtained by the formula A/B x C where—

A equals his pensionable local service at the date of the termination of the said marriage,

B equals his pensionable local service at the date of cesser of office,

C equals the addition applicable to his service at the date of cesser of office pursuant to article 11(5),

any fraction of a year being disregarded,

• (ii) in any other case — the number of years of pensionable local service which he had on the date of termination of his last marriage before such cesser, any fraction of a year being disregarded,

reduced in each case by the number of years, if any, for which periodic contributions have been paid by him and are not returnable;

• (d) in the case of a member who is a pensionable officer who, being then married, ceases to be a contributing member on or after the 27th day of May, 1977,

• (i) where such cesser is caused otherwise than by death or retirement because of permanent infirmity of mind or body, the number of years of service which he then had any fraction of a year being disregarded,

• (ii) where such cesser is due to death or retirement because of permanent infirmity of mind or body, the number of years of service which he would have had if he had served to age 65, any fraction of a year being disregarded,

reduced in each case by the number of years if any, for which periodic contributions have been paid by him and are not returnable;

• (e) in the case of a member who is a registered officer who, being then married, ceases to be a contributing member,

• (i) where such cesser is caused otherwise than by death or retirement because of permanent infirmity of mind or body, the number of years of service which he or she then had,

• (ii) where such cesser is due to death or retirement because of permanent infirmity of mind or body, the number of years of service which he or she would have had if he or she had served to age 65,

reduced in each case by the number of years (any fraction of a year being taken into accouunt on a pro-rata basis), if any, for which periodic contributions have been paid by him or he and are not returnable;

• (f) in the case of a member who is a registered officer and who, being then unmarried, cease to be a contributing member,

• (i) where he or she is an officer to whom at cesser of office an addition to service is applicable pursuant to article 66(5) — the number of years of pensionable local service which he or she had on the date of termination of his or her last marriage before such cesser together with the part of the said addition to service as may be obtained by the formula A/B x C where—

A equals his or her pensionable local service at the date of the termination of the said marriage,

B equals his or her pensionable local service at the date of cesser of office,

C equals the addition applicable to his or her service at the date of cesser of office pursuant to article 66(5),

• (ii) in any other case — the number of years of pensionable local service which he or she had on the date of termination of his or her last marriage before such cesser,

reduced in each case by the number of years if any, for which periodic contributions have been paid by him or her and are not returnable.

129 Allocations under article 48 or 108 not to affect rights under this Chapter.

129.

129. The fact that article 48 or 108 (which enables the partial allocation of pensions to wives and dependants) applies to a member shall not affect his or her rights under this Chapter and the pension payable under this Chapter in respect of the service of a member shall be calculated as if any surrender under the said article 48 or 108 had not been made.

130 Provisions affecting article 49 or 109.

130.

130. A widow's or widower's pension or children's pension granted in respect of a person in respect of whom an allowance is payable under article 49 or 109 shall be taken into account for the purposes of determining the amount of the said allowance under article 49 or 109 and such allowance together with any widow's or widower's pension or children's pension 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.

131 Marriages of members whose early death is to be foreseen.

131.

131. Where a member marries and—

• (a) he or she dies within the year beginning on the date of the marriage, and

• (b) there are no children born of the marriage, and

• (c) the local authority is of the opinion that is or her death within the year beginning with the date of the marriage was, at that date, to be foreseen by him or her or his or her spouse,

for the purposes of this Chapter the marriage may be regarded by the local authority as not having taken place, and in case the marriage is so regarded all necessary adjustments (including, if need be, repayment to the local authority of sums paid in respect of pensions already granted under this Chapter and returns of contributions made under this Chapter) shall be made accordingly.

132 Giving of information.

132.

132. (1) A member shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to the member.

• (2) The spouse of a deceased member shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to him or her or any children of that member.

• (3) The legal personal representative of a deceased member shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to the spouse or any children of that member.

• (4) A person having the care of a child of a deceased member shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to that child.

• (5) Payment of pension under this Chapter shall be subject to the making by the spouse, or where a children's pension is not payable to the spouse, the person having the care of the children in question, of such declaration as the local authority consider necessary, and a person to who any such payment may be made shall not be entitled to receive such payment if he or she fails to make any such declaration.

133 Pensions to be inalienable.

133.

133. Every assignment of or charge on, and every agreement to assign or charge, a pension payable under this Chapter shall be void and on the bankruptcy of any person entitled to a pension the pension shall not pass to any trustee or other person acting on behalf of the creditors.

134 Application of certain provisions of Part VII.

134.

134. In the application of Part VII to this Chapter any period reckoned for which contributions were paid under article 128 shall be regarded as having been served with the local authority to which such contributions were paid.

135 Non-application of certain provisions of Part II.

135.

135. Notwithstanding the giving of notice by a person as provided for in article 28(9), the provisions of article 28(10) shall not apply to a person to whom this Chapter applies.

136 Application of Chapter 3 of Part II.

136.

136. (a) Chapter 3 of Part II shall apply to a female person who pursuant to article 119(7) elects to have this Chapter applied to her, notwithstanding the non-exercise by any such person of an option for the said Chapter 3 of Part II which she was entitled to exercise under article 85.

• (b) Chapter 3 of Part II shall apply to a female person to whom such Chapter applies solely by virtue of paragraph (a) as if she had exercised the option referred to under article 85.

137 Application of this Chapter to officers pensionable under Part VIII of the Act of 1945.

137.

137. The provisions of this Chapter shall also apply to officers to whom the superannuation provisions of Part VIII of the Act of 1945 apply as if they were pensionable officers, and for this purpose—

• (a) the following terms shall have the meaning assigned to them herewith:

"contributing member" shall mean a member who is serving as an officer of a local authority to whom Part VIII of the Act of 1945 applies;

"death gratuity" shall mean a payment under section 70 of the Act of 1945;

"emolument" shall have the meaning assigned to it in section 63 of the Act of 1945;

"lump sum" shall mean a lump sum under section 66, 67, 68, 69, 71, 72 or 74, as appropriate, of the Act of 1945;

"pension" shall mean an allowance under section 66, 67, 68, 69, 71, 72 or 74, as appropriate, of the Act of 1945;

"pensionable local service" shall mean service which is reckonable under section 82 of the Act of 1945 together with, in the case of an officer whose name is entered in a register maintained under section 65 of the Act of 1945 and whose service under section 82 amounts to twenty-one or more completed years, the number of such years in excess of twenty.

"pensionable remuneration" shall mean the yearly salary of an officer for the purposes of section 63(3) of the Act of 1945;

"reckonable service" shall mean service which is reckonable under section 82 of the Act of 1945;

"salary" shall have the meaning assigned to it in section 63(1) of the Act of 1945;

"short service gratuity" shall mean a lump sum under section 71 of the Act of 1945; "permanent infirmity of mind or body" where occurring in articles 120, 129 and 128, shall include permanent incapacity which s certified for the purposes of section 67, 69, 71 or 74 of the Act of 1945; and

• (b) the following article shall be substituted for article 134:—

"Sections 89(4), 90 and 92 of the Act of 1945 shall apply to this Chapter in relation to officers to whom Part VIII of the Act of 1945 applies provided that any period reckoned for which contributions were paid under article 128 shall be regarded as having been served with the local authority to which such contributions were paid.".

CHAPTER 2 Provisions applicable to employees which were formerly contained in the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984.

138 Interpretation.

138.

138. (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) includes, with effect from the 1st day of January, 1979 as respects a step-child of the deceased, a legitimate child of the deceased, a person lawfully adopted by the deceased or a step-child of the deceased, as appropriate, 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 t by article 140;

"contributing member" means a member who is serving as a registered employee of a local authority;

"contributory widow(er)'s pension" means the Contributory Widow's or Widower's Pension payable under the Social Welfare Acts;

"the deceased" has the meaning assigned to it by article 140;

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

• (a) where, otherwise than on retirement because of permanent infirmity of mind or body, he or she was awarded a pension, such pension,

• (b) where on retirement because of permanent infirmity of mind or body he or she is awarded a pension, the pension which would have been granted to him or her if he or she then had then pensionable local service which he or she would have had if he or she had served to age 65,

• (c) where he or she dies while serving as a registered employee of a local authority, the pension which would have been 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 pensionable local service which he or she would have had if he or she had served to age 65,

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

• (e) 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 o she had then reached his or her sixtieth birthday and had applied for the preserved pension,

subject to the proviso that any supplementary allowance which he or she was awarded by virtue of article 95(3) or any supplementary preserved pension which he or she was awarded by virtue of article 101(5)(c) shall not be taken into account for the purposes of this Chapter;

"former member" means a person who, being then married, retired from a local authority with a prospective entitlement under this Chapter or under Chapter 1, 3 or 4 of this Part; "member" means a person to whom, pursuant to article 139, this Chapter applies;

"periodic contributions" has the meaning assigned to it by article 144(3);

"reckonable service" has the same meaning as "pensionable local service" save that any increased period of pensionable local service under article 90(2) or (3) shall be disregarded;

"widow's or widower's pension" has the meaning assigned to it by article 140.

• (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 or 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 as 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 (III) 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 (b) of the definition of "the deceased's pension" account shall not be taken of any period of pensionable local service which an employee 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 employee 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 the deceased 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 his or her 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.

139 Members.

139.

139. (1) In this article—

"pensioner" means a registered employee who has ceased to hold employment and who is in receipt of a pension.

• (2) This Chapter applies to a male person who became a registered employee between the 1st day of January, 1979 and the 31st day of December, 1985, with effect from the date of becoming so registered.

• (3) This Chapter applies to a male person who became a registered employee before the 1st day of January, 1979 and who,

• (a) as a registered employee or as a pensioner, elected in writing on or before the 28th day of September, 1979 to have this Chapter applied to him, or

• (b) having ceased to be a registered employee or a pensioner due to death before the 28th day of September, 1979, his legal personal representative elected in writing, on his behalf, before the 28th day of September, 1979, to have this Chapter applied to him,

with effect from the 27th day of May, 1977, or from the date he became a registered employee, whichever is the later.

• (4) This Chapter applies to a female person who became a registered employee 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 employee 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 employee, 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 155, this Chapter a plies to a female person who, having been a pensionable servant 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 registered employee, or

• (b) elects in writing to have Chapter 6 applied to him or her by virtue of article 206(2) or (3).

140 Power to grant widows' or widowers' and children's pensions.

140.

140. (1) Subject to sub-article (2), 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 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 this 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 person 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 93(1)(b), have been granted a pension had he or she retired on the date he or she died and then had the pensionable local service which he or she would have had if he or she had served to age 65.

141 Windows' or widowers' pensions.

141.

141. (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), an

• (b) at a date subsequent to the marriage or cohabitation by reason of which the pension as 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 as 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 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 here he or she is eligible for a more favourable pension under Chapter 1, 3, 4, 5 or 6 of this Part.

• (4) Subject to sub-article (1), 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)
• (a) The rate of a widow's or widower's pension shall be one-half of the rate of the deceased' pension and where the deceased's pension was reduced by virtue of articles 93(1)(b) and 96, of the deceased's pension as if it had not been so reduced.

• (b) (i) In the case of the death of a contributing or former member who was fully insured, the local authority may, with effect from a date which is not earlier than the 6th day of April, 1995, pay to his or her spouse a supplementary pension, the amount of which shall not exceed the difference between—

• (I) the rate of widow's or widower's pension resulting from the calculation at sub-article (5)(a) together with the personal rate of contributory widow(er)'s pension, if any, payable to the spouse, and

• (II) the rate of widow's or widower's pension which would have resulted from the calculation at sub-article (5)(a) if the member had not been fully insured.

• (ii) The supplementary pension shall be payable in respect of any period or periods during which the spouse—

• (I) fails to qualify for contributory widow(er)'s pension where such failure is due to causes outside his or her own control, or

• (II) qualifies for contributory widow(er)'s pension at less than the maximum personal rate due to causes outside his or her own control.

• (6) Notwithstanding sub-article (5), on the death 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 the annual equivalent of his or her pensionable remuneration,

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

provided that the rate as so increased shall be reduced by the rate of any children's pensions payable under this Chapter and provided also that the amount payable to the spouse under this Chapter in respect of the period of on 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.

142 Children's pensions, beneficiaries.

142.

142. (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 27th day of May, 1977, 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 a 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 decease 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.

• (b) A child shall not be eligible for a children's pension under this Chapter where he or she is eligible for a more favourable children's pension under Chapter 1, 3, 4, 5 or 6 of this Part.

143 Children's pensions, rate and mode of payment.

143.

143. (1) A children's pension under this Chapter shall be paid to the relevant member's spouse where the eligible children are in his or her care, and in case any child in respect of whom the pension is payable is not in his or her care, the part of the pension attributable to that child shall be paid either to the child or to such other person as the relevant local authority may determine. Where children are in the care of several persons the children's pension shall be paid to those persons in such proportions as the local authority may determine.

• (2) A children's pension paid to any person shall be so paid for the benefit of the children for whom it is granted.

• (3) Subject to sub-article (6) and to article 140(2), a children's pension may be paid in relation to the period or periods subsequent to the date of death of the deceased (or, if later, the date of birth of the child) during which the person remains a child within the meaning of this Chapter.

• (4) The rate of children's pension under this Chapter shall be,

• (a) where the deceased leaves no spouse or, where he or she leaves a spouse and the spouse dies, four-twelfths of the deceased's pension where there is one child, or six-twelfths where there are two or more children,

• (b) subject to sub-article (5), where the deceased's spouse is surviving, two-twelfths of the deceased's pension multiplied by the number of children not exceeding three.

• (5)
• (a) Where the children of the deceased are at the time of, or at any time after, his or her death in the care of some person other than his or her spouse, the local authority may, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993, decide that for so long as they are in such care sub-article (4)(a) shall apply notwithstanding that the spouse is still alive, and in case the local authority so decide this article shall be construed and shall have effect accordingly.

• (b) Where some but not all of the children of the deceased are at the time of, or at any time after, his or her death in the care of a pension other than his or her spouse, the rate of that portion of the children's pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rate specified in sub-article (4)(a) provided that the amount of children's pension payable in respect of a deceased shall not exceed one-half of the rate of the deceased's pension.

• (6) Notwithstanding the foregoing provisions of this article, where the deceased leaves a spouse and no widow's or widower's pension is granted to him or her under this Chapter, or, if one is so granted and it ceases to be paid before his or her death, no children's pension shall be payable under this Chapter as respects any period comprised within the life-time of the spouse or within the time in respect of which no widow's or widower's pension is payable, as may be appropriate, unless the local authority, subject to the direction of the Minister as respects any decision arising under this sub-article before the 6th day of September, 1993 decide that such a pension shall be so payable, and, in case the local authority so decide, they may further decide that sub-article (5) shall apply as respects any such period.

144 Periodic contributions.

144.

144. (1) (a) Subject to paragraph (b), a member, being a registered employee of a local authority, shall, with effect from the 27th day of May, 1977, or the date of becoming a member, if later, contribute to such local authority at the rate of one and one-half per cent. of

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

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

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

• (b) Notwithstanding the provisions of paragraph (a), a member who is fully insured shall contribute at the rate of one and one-half per cent. of the amount by which his or her weekly rate of wages and the weekly value of his or her emoluments, taken together, exceed—

• (I) as respects a person who is sharing wholetime employment with one other employee under an approved job-sharing scheme — the personal weekly rate of old age contributory pension,

• (II) in any other case — twice the personal weekly rate of old age contributory pension.

• (2) The contributions referred to in sub-article (1) shall be paid at such times and in such manner as the relevant local authority may determine until he or she ceases to be a contributing member.

• (3) Contributions payable under this article are in this Chapter referred to as "periodic contributions".

• (4) Periodic contributions shall not be payable under this Chapter by a member for any period which does not constitute pensionable local service.

• (5) The provisions of article 102(4) shall apply to contributions paid under this article as if they were contributions paid under the said article 102.

145 Return of contributions.

145.

145. (1) Where a member,

• (a) ceases to be a contributing member and was unmarried at all times during which this Chapter applied to him or her, or

• (b) on ceasing to be a contributing member otherwise than on death, having been married at any time during the period during which this Chapter applied to him or her, is not eligible for the grant of a pension and lump sum, or a preserved pension and preserved lump sum,

and he or she does not accept any other position service in which is capable of being reckoned under this Scheme, or, if he or she does so accept such a position or subsequent such positions, either a spouses' and children's pension scheme reciprocal generally with this Chapter does not apply to him or her or where such a scheme does apply to him or her but he or she dies with less than the minimum service to qualify for benefit thereunder or he or she ceases to hold such a position in corresponding circumstances to the circumstances described in paragraphs (a) and (b) and does not accept any other position service in which is capable of being reckoned under this Scheme where a spouses' and children' pension scheme reciprocal generally with this Chapter applies to him or her, then the local authority with which he or she was in employment before such cesser shall return to him or her, or to his or her legal personal representative, the aggregate amount of the contributions which he or she pad under articles 144 and 148(5) together with corresponding contributions, if any, which he or she paid in respect of service which is capable of being reckoned under this Scheme, and which have not otherwise been returned.

• (2) In any case other than a case mentioned in sub-article (1), the local authority shall return to a member on his or her ceasing to be a contributing member, or if his or her membership ceases due to death, to his or her legal personal representative, such part of his or her initial and immediately subsequent contributions, or in the case referred to in paragraph (b), such part of his or her final and immediately preceding contributions as is in each case necessary to secure that the period in respect of which contributions are paid by him or her without being returned,

• (a) does not exceed forty years, and

• (b) if he or she is unmarried when he or she ceases to be a contributing member, does not exceed a period equal to his or her pensionable local service at the date of his or her spouse's death.

• (3) Where a married member retires because of permanent infirmity of mind or body and his or her spouse subsequently dies before he or she attains the age of sixty-five years, contributions paid in respect of a period in excess of the period referred to in sub-article (2)(b) shall be returned by the local authority to him or her, or in case he or she has also died, to his or her legal personal representative.

• (4) Where any contributions are returned under this article they shall be returned without interest.

• (5) Where a local authority return contributions under this article and the amount returned includes a sum for contributions made by the person in question in respect of service which is capable of being reckoned under this Scheme and held by any other body, that body shall, subject to article 280, recoup such sum to the local authority.

• (6) Where a body, service under which is capable of being reckoned under this Scheme, returns contributions made under this article and the amount returned includes a sum for contributions held by any local authority, that local authority shall, subject to article 280, recoup such sum to the body.

146 Repayment of contributions.

146.

146. (1) Where contributions are returned by a local authority to a person under article 145, and

• (a) this Chapter subsequently applies to him or her, or

• (b) he or she subsequently becomes a member of a scheme granting pension rights which are reciprocal generally with this Chapter being a person who is employed in a position service in which is capable of being reckoned under this Scheme,

he or she shall be entitled to repay such contributions 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 does repay the said amount and any other body recouped any part of it, the local authority shall, subject to article 280, make the appropriate repayment to the other body.

• (2) The provisions of article 104(5) shall apply to contributions repaid under this article.

147 Former members becoming contributing members.

147.

147. (1) Where a former member becomes a contributing member within the meaning of this Chapter, any respective entitlement to a widow's or widower's pension or children's pension under this Chapter in respect of his or her previous membership or under Chapter 1, 3 or 4 of this Part shall be disregarded.

• (2) Where this Chapter or Chapter 1 of this Part had at any time previously applied to a person who becomes a contributing member within the meaning of this Chapter, and such person had paid periodic contributions under either of the said Chapters, the period in respect of which he or she paid such periodic contributions shall be excluded in determining the number of relevant years under article 148(10) where,

• (a) no return of contributions is, or was, made, or

• (b) such contributions, having been returned, are repaid in accordance with article 146.

• (3) Where a person to whom sub-article (1) applies became a former member by retiring on pension the contribution payable under article 148(2) at the termination of his or her final period of contributing membership shall be reduced by the amount of the contribution paid under that article or under article 128(2) when he or she became a former member, no return of that contribution having been made.

148 Non-periodic contributions.

148.

148. (1) Where a member was married at any time during the period during which this Chapter applied to him or her and he or she ceases to be a contributing member and such cesser is due to,

• (a) death, or

• (b) retirement on pension or resignation with entitlement to a preserved pension,

then, unless the number of relevant years is nil, a contribution under this article will be payable by way of reduction in the amount of a member's lump sum or death gratuity or preserved lump sum or preserved death gratuity, or in such other manner as the local authority may require.

• (2) A contribution under this article shall—

• (a) be equal to one per cent. of the member's pensionable remuneration multiplied by fifty-two multiplied by the number of relevant years, or

• (b) in the case of a member who is fully insured be equal to one per cent. of his or her net pensionable remuneration, multiplied by fifty-two, in respect of so much of his or her relevant years as,

• (i) is pensionable local service given on or after the 27th day of May, 1977, or is a period added under article 90(2) or (3) in respect of pensionable local service given by the member on or after that date, or

• (ii) is pensionable local service which the member would have had on or after the 27th day of May, 1977 if he or she had not died or retired because of permanent infirmity of mind or body before he or she reached age 65 or is a period which would have been added if the member had not died or retired because of permanent infirmity of mind or body before he or she reached age 65,

subject to the proviso that where the contribution is being deducted by way of reduction in the amount of member's lump sum, it shall be based on the pensionable remuneration, regard being had to article 106(7), by reference to Which the lump sum is determined.

• (3) Where the contribution is being deducted from a preserved lump sum or preserved death gratuity, the contribution will be calculated by reference to the pensionable remuneration, as increased under the Pensions (Increase) Act, 1964 (No. 10 of 1964), if appropriate, on which the preserved lump sum ox preserved death gratuity was based.

• (4) Where, subsequent to the date on which a member ceases to be a contributing member, the pension payable to him or her or to his or her spouse (but not the lump sum or death gratuity) falls to be increased otherwise than in accordance with the Pensions (Increase) Act, 1964 and regulations thereunder, the local authority may adjust the amount of the contribution under this article to take account of the increase.

• (5)
• (a) (i) At the discretion of the local authority and subject to conditions specified by the Minister, a member may elect to pay to such local authority over a period specified by the Minister, additional contribution equal in each case to the amount of the periodic contributions payable in respect of that period or, as respects a person who is sharing wholetime employment with one other employee under an approved job-sharing scheme, twice such amount, and in case one or more such additional contributions are made, this article shall apply to the person by whom the contribution or contributions is or are made subject to the following modification, namely, in calculating what is the number of relevant years that number shall be reduced by the said specified period for every contribution made by the person under this sub-article.

• (ii) Where in any local financial year up to an including the local financial year ending on the 31st day of December, 1998, an additional contribution is paid by a member under subparagraph (i) and in that year the member has less than 250 service days the additional contribution shall be returned to him or her and the provisions of subparagraph (i) shall not have effect in relation to that additional contribution.

• (b) In any period each additional contribution as referred to in paragraph (a)(i) shall be of an amount equal to the periodic contributions paid by the member in that period, save that, in the case of a member who is fully insured, it shall be of an amount equal to the periodic contributions which would be payable by him or her if he or she were not fully insured, where his or her relevant years comprise reckonable service given before the 27th day of May, 1977 and the reduction consequent on the payment of the additional contribution is to be made from the number of his or her relevant years which consist of such reckonable service.

• (6)
• (a) For the purposes of this Chapter any period by which the number of relevant years is reduced on account of payment of contributions under sub-article (5) shall be regarded as having been served with the local authority to which such contributions were paid.

• (b) The provisions of article 102(4) shall apply to contributions paid under sub-article (5).

• (7) Service in excess of forty years shall be disregarded for the purpose of this article.

• (8) Where a member to whom this article applies gave service otherwise than as a registered employee but which is capable of being reckoned under this Scheme, any portion of that service during which he or she paid periodic contributions under a scheme which is reciprocal generally with this Chapter may, provided those contributions were not returned to him or her, or, having been returned, are repaid by him or her, be excluded in determining the number of relevant years under this article.

• (9) Any reduction effected under this article in the amount of any lump sum shall be left out of account for the purposes of article 99, and, accordingly, the question whether any and, if so, what gratuity may be granted under the said article 99 shall be determined as if no such reduction as aforesaid had been or had to be made.

• (10) In this article "the number of relevant years" means—

• (a) in the case of a member who, being then married, ceases to be a contributing member,

• (i) where such cesser is caused otherwise than by death or retirement because of permanent infirmity of mind or body, the number of years of pensionable local service which he or she then had,

• (ii) where such cesser is due to death or retirement because of permanent infirmity of mind or body, the number of year of pensionable local service which he or she would have had if he or she had served to age 65,

reduced in each case by the number of years, if any, for which periodic contributions have been paid by him or her and are not returnable;

• (b) in the case of a member who being then unmarried, ceases to be a contributing member, the number of years of pensionable local service which he or she had on the date of termination of is or her last marriage before such cesser reduced by the number of years, if any, for which periodic contributions have been paid by him or her and are not returnable.

149 Allocations under article 108 not to affect rights under this Chapter.

149.

149. The fact that article 108 (which enables the partial allocation of pensions to wives and dependants) applies to a member shall not affect his or her rights under this Chapter and the pension payable under this Chapter in respect of the service of a member shall be calculated as if any surrender under the said article 108 had not been made.

150 Provisions affecting article 109.

150.

150. A widow's or widower's pension or children's pension granted in respect of a person in respect of whom an allowance is payable under article 109 shall be taken into account for the purpose of determining the amount of the said allowance under article 109 and such allowance together with any widow's or children's pension 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.

151 Marriages of members whose early death is to be foreseen.

151.

151. Where a member marries and—

• (a) he or she dies within the year beginning on the date of the marriage, and

• (b) there are no children born of the marriage, and

• (c) the local authority is of the opinion that his or her death within the year beginning with the date of the marriage was, at that date, to be foreseen by him or her or his or her spouse,

for the purposes of this Chapter the marriage may be regarded by the local authority as not having taken place, and in case the marriage is so regarded all necessary adjustments (including, if need be, repayment to the local authority of sums paid in respect of pensions already granted under this Chapter and returns of contributions made under this Chapter) shall be made accordingly.

152 Giving of information.

152.

152. (1) A member shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to the member.

• (2) The spouse of a deceased member shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to him or her or any children of that member.

• (3) The legal personal representative of a deceased member shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to the spouse or any children of that member.

• (4) A person having the care of a child of a deceased member shall give to the local authority such information as is necessary for the proper operation of this Chapter in relation to that child.

• (5) Payment of pension under this Chapter shall be subject to the making by the spouse, or where a children's pension is not payable to the spouse, the person having the care of the children in question, of such declaration as the local authority 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 such declaration.

153 Pensions to be inalienable.

153.

153. Every assignment of or charge on, and every agreement to assign or charge, a pension payable under his Chapter shall be void and on the bankruptcy of any person entitled to a pension the pension shall not pass to any trustee or other person acting on behalf of the creditors.

154 Application of certain provisions of Part VII.