Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984

• Jurisdiction: Ireland
• Citation: IR SI 319/1984
• Year: 1984

S.I. No. 319 of 1984.
LOCAL GOVERNMENT EMPLOYEES (WIDOWS AND ORPHANS EX-GRATIA PENSION) SCHEME, 1984.
The Minister for the Environment, in exercise of the power conferred on him by sections 2 and 5 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980), with the consent of the Minister for the Public Service, hereby makes the following Scheme:
	1 Short Title.	1. This Scheme may be cited as the Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984.
	2 Commencement.	2. This Scheme shall be deemed to have come into force on the 27th day of May, 1977.
	3 Interpretation.	3. (1) In this Scheme—
"the Act of 1945" means the Mental Treatment Act, 1945 (No. 19 of 1945);
"the Act of 1956" means the Local Government (Superannuation) Act, 1956 (No. 10 of 1956);
"adoption order" means an adoption order made under the Adoption Act, 1952 (No. 25 of 1952);
"child", subject to sub-article (4)(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 and is receiving full-time instruction at any university, college, school or other educational establishment, or
(III) under the age of twenty-one years 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, and
( b ) includes 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 paragraph (a) of this definition;
"children's pension" has the meaning assigned to it by article 5;
"death gratuity" means a death gratuity payable to the legal personal representative of a deceased pensionable servant under the Act of 1956 or under any earlier Act relating to superannuation as may have applied to him or under the Act of 1945 or under any earlier Act relating to superannuation as may have applied to him;
"the deceased" has the meaning assigned to it by article 5;
"the deceased's pension", subject to sub-article (5), means,
( a ) where, otherwise than on retirement because of permanent infirmity of mind or body, he was awarded a pension, such pension,
( b ) where he retired because of permanent infirmity of mind or body and was awarded a pension or, having given at least five and less than ten years' reckonable service, was awarded a short service gratuity, the pension which would have been granted to him if he then had the pensionable local service which he would have had if he had served to age 65,
( c ) where he died while serving as a pensionable 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 because of permanent infirmity of mind or body and then had the pensionable local service which he would have had if he had served to age 65;
"fully insured" means insured for all benefits under the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);
"local authority" shall have the meaning assigned to it by section I of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) and, in addition, shall include a body within the meaning of section 2(9) of that Act;
"the Minister" means the Minister for the Environment;
"net pensionable remuneration" means the amount by which pensionable remuneration exceeds twice the personal weekly rate of old age contributory pension;
"pension" means an allowance payable to a pensionable servant under the Act of 1956 or under any earlier Act relating to superannuation as may have applied to him or under the Act of 1945 or under any earlier Act relating to superannuation as may have applied to him;
"pensionable local service" has the meaning assigned to it by section 35 of the Act of 1956 in relation to a pensionable servant other than a pensionable servant described in paragraph (b)(i), (b)(ii) or (b)(iii) of the definition of "pensionable servant"; in relation to such a pensionable servant it shall mean service which is reckonable for the purposes of section 82 of the Act of 1945 together with, in the case of a registered mental hospital servant whose service for the purposes of the said section 82 is twenty-one or more completed years, the number of such completed years in excess of twenty;
"pensionable servant" has the meaning assigned to it by section 2 of the Act of 1956 and, in addition, includes,
( a ) (i) an established servant for the purposes of the Local Government (Superannuation) Act, 1948 (No. 4 of 1948),
(ii) an employee as respects whom an allowance was payable under the provisions of the Local Government Act, 1925 (No. 5 of 1925), by virtue of section 53 of that Act, and
(iii) a person corresponding to a person referred to in subparagraph (i) or (ii) for the purposes of such Act passed before the Local Government Act, 1925 and relating to superannuation as may have applied to him,
( b ) (i) a servant to whom Part VIII of the Act of 1945 applied,
(ii) an established servant for the purposes of the Asylum Officers' Superannuation Act, 1909, and
(iii) a person corresponding to a person referred to in subparagraph (i) or (ii) for the purposes of such Act passed before the Asylum Officers' Superannuation Act, 1909 and relating to superannuation as may have applied to him;
"pensionable remuneration" means an amount by reference to which a pension is determined;
"the Pension Schemes of 1984" means,
( a ) the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 318 of 1984 ),
( b ) the Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 321 of 1984 ), and
( c ) the Local Government Officers (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 ( S.I. No. 320 of 1984 );
"personal weekly rate of old age contributory pension" means the old age (contributory) pension payable in the case of a person under eighty years at the rate set out in column (2) of Part I of the Second Schedule to the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);
"reckonable service" has the same meaning as "pensionable local service" save that any increased period of pensionable local service under section 35(2) of the Act of 1956 or in excess of twenty years under the definition of "pensionable local service" shall be disregarded;
"registered mental hospital servant" means a pensionable servant whose name at cesser of employment was entered in a register maintained under section 65 of the Act of 1945 and includes a pensionable servant who at cesser of employment was a servant of the first class for the purposes of the Asylum Officers' Superannuation Act, 1909, or for the purposes of any earlier Act relating to superannuation as may have applied to him;
"short service gratuity" means a gratuity granted to a pensionable servant under section 39 of the Act of 1956, or under section 52 of the Local Government (Superannuation) Act, 1948 , or such a gratuity under any earlier Act relating to superannuation as may have applied to him and includes a lump sum under section 71 of the Act of 1945, a gratuity or special allowance under section 2(4) of the Asylum Officers' Superannuation Act, 1909 or such a lump sum, gratuity or special allowance under any earlier Act relating to superannuation as may have applied to him;
"widow's pension" has the meaning assigned to it by article 5.
(2) In this Scheme any reference to an article which is not otherwise identified is a reference to an article of this Scheme.
(3) In this Scheme any reference to a sub-article, paragraph or subparagraph which is not otherwise identified is a reference to the sub-article, paragraph or subparagraph of the provision in which the reference occurs.
(4) ( 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 full-time instruction or training, then, 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 pensionable servant to whom this Scheme applies immediately prior to the pensionable servant'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 Minister may on the application of the local authority as respects a person who apart from this paragraph would be such a child direct that notwithstanding this 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 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.
(5) ( a ) Where "the deceased's pension" is being determined by reference to paragraph (b) or (c) of the definition of "the deceased's pension", the pension in respect of that part of the pensionable local...