Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984

JurisdictionIreland
Year1984
CitationIR SI 318/1984

S.I. No. 318 of 1984.

LOCAL GOVERNMENT EMPLOYEES (WIDOWS AND ORPHANS CONTRIBUTORY 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 Contributory 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 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;

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

"death gratuity" means a gratuity under section 40 of the Act of 1956, as modified by clause 8 of Part III of the First Schedule to the Revision Scheme of 1984;

"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 on retirement because of permanent infirmity of mind or body he is awarded a pension, 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 dies while serving as a registered employee of a local authority, 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,

( 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 if he had then reached his sixtieth birthday and had applied for the preserved pension;

"emolument" has the meaning assigned to it by section 2 of the Act of 1956, as modified by clause 2 of Part I of the First Schedule to the Revision Scheme of 1984;

"former member" means a person who, being then married, retired from a local authority with a prospective entitlement under this Scheme or under any of the Pension Schemes of 1984;

"fully insured" has the meaning assigned to it by article 3 of the Revision Scheme of 1984;

"local authority" shall have the meaning assigned to it by section 1 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;

"lump sum" means a lump sum under section 36 of the Act of 1956, as modified by clause 4 of Part III of the First Schedule to the Revision Scheme of 1984;

"member" means a person who, pursuant to article 4, is a member of this Scheme;

"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 under section 36 of the Act of 1956, as modified by clause 4 of Part III of the First Schedule to the Revision Scheme of 1984;

"pensionable local service" means the pensionable local service of a registered employee for the purposes of the Revision Scheme of 1984;

"the Pension Schemes of 1984" means,

(a) the Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 321 of 1984 ),

(b) the Local Government Officers (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 ( S.I. No. 320 of 1984 ), and

(c) the Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 ( S.I. No. 319 of 1984 );

"pensionable remuneration" has the meaning assigned to it by section 47 of the Act of 1956, as modified by clause 14 of Part III of the First Schedule to the Revision Scheme of 1984;

"pensionable servant" means a pensionable servant as defined in section 2 of the Act of 1956;

"periodic contributions" has the meaning assigned to it by article 9(3);

"personal weekly rate of old age contributory pension" has the meaning assigned to it by article 3 of the Revision Scheme of 1984;

"preserved death gratuity" means a gratuity payable on death by virtue of article 11 of the Revision Scheme of 1984;

"preserved lump sum" and "preserved pension" mean respectively a lump sum and pension payable by virtue of article 11 of the Revision Scheme of 1984;

"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 shall be disregarded;

"registered employee" means a registered employee within the meaning of the Revision Scheme of 1984;

"the Revision Scheme of 1984" means the Local Government (Superannuation Revision) Scheme, 1984 ( S.I. No. 33 of 1984 );

"service day" has the meaning assigned to it by section 2 of the Act of 1956;

"wages" has the meaning assigned to it by section 2 of the Act of 1956;

"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 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 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) 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 retirement if he had served to age 65 where any such period is reckoned under any other Scheme or Act for the provision of widows' or children's pensions by a body service in which is capable of being reckoned for the purposes of the Act of 1956 or the Revision Scheme of 1984.

(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 legal personal representative.

(c) Where, subsequent to the date on which a member ceases to be a contributing member, the pension payable to him 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 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 pension or children's pension in respect of him under this Scheme, whichever is the later.

(6) (a) Any reference in this Scheme to an adopted child of the deceased shall be construed as a reference to a child adopted by him (whether alone or...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT