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

JurisdictionIreland
CitationIR SI 321/1984
Year1984

S.I. No. 321 of 1984.

LOCAL GOVERNMENT OFFICERS (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 Officers (Widows and Orphans Contributory Pension) Scheme, 1984.

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—

"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 ) with effect from the 27th day of May, 1977 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 pensionable officer or as a registered officer of a local authority;

"death gratuity" means, in relation to a pensionable officer, a gratuity under section 20 of the Act of 1956 and, in relation to a registered officer, a gratuity under section 20 of the Act of 1956, as modified by clause 8 of Part II 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, prior to the 27th day of May, 1977, he is awarded a pension, such pension,

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

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

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

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

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

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

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

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

"emolument", in relation to a pensionable officer, has the meaning assigned to it by section 2 of the Act of 1956 and, in relation to a registered officer, 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;

"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 15 of the Act of 1956;

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

"the Minister" means the Minister for the Environment;

"officer" does not include a person holding any of the offices mentioned in section 17 of the Local Government Act, 1941 (No. 23 of 1941);

"pension" means an allowance under section 15 of the Act of 1956;

"pensionable local service", in the case of a pensionable officer, means the pensionable local service of the officer for the purposes of the Act of 1956 and, in the case of a registered officer, means the pensionable local service of the officer for the purposes of the Revision Scheme of 1984;

"pension rate of pay" means a rate of salary payable under Rule (iv) of article 21 (1) of the Local Government (Officers) Regulations, 1943 (S.R. & O. 1943. No. 161) or under such provision corresponding to that Rule as may apply to a member;

"the Pension Schemes of 1984" means,

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

( b ) the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 318 of 1984 ), and

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

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

"pensionable remuneration", in relation to a pensionable officer, has the meaning assigned to it by section 27 of the Act of 1956 and, in relation to a registered officer, has the meaning assigned to it by section 27 of the Act of 1956, as modified by clause 12 of Part II of the First Schedule to the Revision Scheme of 1984;

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

"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 a 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 12 (2) of the Act of 1956 shall be disregarded;

"registered officer" means a registered officer 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 );

"salary", in relation to a pensionable officer, has the meaning assigned to it by section 2 of the Act of 1956 and, in relation to a registered officer, has the meaning assigned to it by section 2 of the Act of 1956, as modified by clause 1 of Part I of the First Schedule to the Revision Scheme of 1984;

"service", other than in the expressions "pensionable local service" and "reckonable service", means a member's pensionable local service together with any period added to his pensionable local service under section 13 of the Act of 1956 or, where appropriate, which would have been added to his pensionable local service if he had served to age 65;

"short service gratuity" means a gratuity under section 19 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:

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