Civil Service Widows’ and Children’s Contributory Pension Scheme, 1977

• Jurisdiction: Ireland
• Year: 1977
• Citation: IR SI 132/1977

S.I. No. 132 of 1977.
CIVIL SERVICE WIDOWS' AND CHILDREN'S CONTRIBUTORY PENSION SCHEME, 1977.
I, RICHIE RYAN, Minister for the Public Service, in exercise of the powers conferred on me by section 2 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976), hereby make the following scheme :
	1 Short title.	1. This Scheme may be cited as the Civil Service Widows' and Children's Contributory Pension Scheme, 1977.
	2 Commencement.	2. This Scheme shall be deemed to have come into force on the 23rd day of July, 1968.
	3 Interpretation.	3. (1) In this Scheme—
"adoption order" means an adoption order made under the Adoption Act, 1952 (No. 25 of 1952);
"child", subject to paragraph (2) (b) of this Article, means a legitimate or lawfully adopted person who is,
(a) a person under sixteen years of age, or
(b) a person under the age of twenty-one years of age and is receiving full-time instruction at any university, college, school or other educational establishment, or
(c) a person under the age of twenty-one years of age and is undergoing full-time instruction or training by any person (in this Scheme 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 Scheme, or
(d) a person who is permanently incapacitated by reason of mental or physical infirmity from maintaining himself and who when his permanent incapacity first occurred was a person described in any of the foregoing paragraphs of this definition, provided that in case the person reaches the age of twenty-one years prior to the 1st day of June, 1973, this definition shall not apply to him during the period beginning on the day on which he reaches that age and ending on the 31st day of May, 1973;
"children's pension" has the meaning assigned to it by Article 5;
"contributing member" means a member who is serving as an established civil servant;
"death gratuity", except in the expression "preserved death gratuity", means a gratuity under section 2 of the Superannuation Act, 1909;
"the deceased" has the meaning assigned to it by Article 5;
"the deceased's pension" means,
(a) in case prior to the 1st day of June, 1973, he is awarded a pension or qualifies for a pension under section 4 of the Superannuation Act, 1914, the amount of such pension,
(b) in case prior to the 1st day of June, 1973, having given at least five and not more that ten years' reckonable service, he retires on a medical certificate, an amount equivalent to one-eightieth of his pensionable remuneration for each completed year of reckonable service,
(c) in case prior to the 1st day of June, 1973, he dies while serving as an established civil servant 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 on a medical certificate and then had the reckonable service which he would have had if he had served to retiring age,
(d) in case prior to the 1st day of June, 1973, he retires on a medical certificate and either is a person mentioned in paragraph (b) of this definition or was awarded a pension, with effect from the said 1st day of June, the pension which would be granted to him if he then had the reckonable service which he would have had if he had served to retiring age,
(e) in case on or after the 1st day of June, 1973, otherwise than on retirement on a medical certificate, he is awarded a pension, a preserved pension or a pension under section 4 of the Superannuation Act, 1914, the amount of such pension,
(f) in case on or after the 1st day of June, 1973, on retirement on a medical certificate he is awarded a pension, the pension which would be granted to him if he then had the reckonable service which he would have had if he had served to retiring age,
(g) in case on or after the 1st day of June, 1973, he dies while serving as an established civil servant, the pension for which he would be eligible if paragraph (f) of this definition applied to him;
"employer" has the meaning assigned to it by this Article;
"former member" means a person who, being then married, retired from the civil service and was awarded a pension and lump sum or preserved pension and lump sum or, if he so retired on a medical certificate before the first day of June, 1973, had a least five years' reckonable service and was awarded a gratuity;
"lump sum", except in the expression "preserved lump sum", means an additional allowance under the Superannuation Acts, or any of those Acts, and includes an allowance, other than an annual allowance, under section 6 of the Superannuation Act, 1909;
"medical certificate" means, in relation to the retirement of any person, a medical certificate having regard to which the Minister is satisfied that the person to whom the certificate relates is incapable from infirmity of mind or body of discharging the duties of his situation in the Civil Service and that that infirmity is likely to be permanent;
"member" means a person who, pursuant to Article 4, is a member of this Scheme;
"the Minister", subject to paragraph (5) of this Article, means the Minister for the Public Service;
"pension", except in the expression "preserved pension", means an annual allowance granted under the Superannuation Acts, or any of those Acts, other than an annual allowance under the Superannuation Act, 1887 (Section 1) Warrant, 1946 (S.R., and O. No. 236 of 1946), and includes an allowance under section 2 of the Superannuation Act, 1887, and an annual allowance under section 6 of the Superannuation Act, 1909;
"pension rate of pay" means a rate of salary or wages payable to a person which is equal to the rate of pension payable if he had retired on a medical certificate;
"pensionable emoluments" means the annual amount of any emoluments (in addition to pensionable pay) reckonable in calculating a member's pension, lump sum, death gratuity or short service gratuity;
"pensionable pay" means the annual amount which, together with any pensionable emoluments, is reckonable in calculating a member's pension, lump sum, death gratuity or short service gratuity;
"pensionable remuneration" means the aggregate of pensionable emoluments and pensionable pay;
"periodic contributions" has the meaning assigned to it by Article 9 (2);
"preserved death gratuity" means a gratuity payable on death by virtue of regulations made by the Minister under section 3 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976);
"preserved lump sum" and "preserved pension" mean respectively a lump sum and a pension payable by virtue of regulations made by the Minister under section 3 of the Superannuation and Pensions Act, 1976 ;
"reckonable service", subject to paragraph (3) of this Article, means service as computed in accordance with the enactments relating to the computation of service for the purpose of determining the amount of a pension or lump sum;
"retiring age" means sixty years of age in the case of members pensionable by virtue of the Superannuation (Prison Officers) Act, 1919, and sixty-five years of age in the case of other members;
"short service gratuity" means a gratuity under section 6 of the Superannuation Act, 1859;
"the Superannuation Acts" means the Superannuation Acts, 1834 to 1963;
'"widow's pension" has the meaning assigned to it by Article 5.
(2) (a) Where, in relation to a person referred to in paragraph (b) or (c) of the definition of "child" in paragraph (1) of this Article, a break occurs in his full-time instruction or training, then, unless the Minister otherwise directs, he shall, for the duration of such break, be regarded as having ceased to be a child for the purposes of this Scheme.
(b) The following shall not be regarded as a child within the meaning of this Scheme, 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 paragraph (c) of the said definition of "child" to, 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 as makes the person self-supporting, provided that if there are compassionate grounds for so doing, the Minister may as regards a person who apart from this sub-paragraph would be such a child direct that notwithstanding this sub-paragraph the person shall, with effect from such date as is specified in the direction, be regarded as being such a child and in case the Minister makes a direction under this sub-paragraph then for so long as the direction is in force this Scheme shall, as regards the person to whom the direction relates, be construed and have effect in accordance with the direction.
(3) In case a member is an officer referred to in section 1 (1) of the Superannuation (Prison Officers) Act, 1919, then for the purposes of this Scheme every year of reckonable service subsequent to the twentieth shall be regarded as being two years' reckonable service.
(4) (a) Any reference in this Scheme to an adopted child of a member shall be construed as a reference to a child adopted by him (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 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 widow, the child shall, from the date on which the member has custody of...