LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1980

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Number 8 of 1980


LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1980


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Superannuation schemes as regards employees of local authorities and certain other bodies.

3.

Minister may amend certain existing local government superannuation provisions.

4.

Gratuities as regards certain non-pensionable service.

5.

Regulations and schemes generally.

6.

Savers.

7.

Amendment of section 4 of Health (Corporate Bodies) Act, 1961.

8.

Amendment of section 11 of Health Act, 1970.

9.

Amendment of section 4 of Local Government Services (Corporate Bodies) Act, 1971.

10.

Expenses, etc.

11.

Repeals.

12.

Short title and commencement.

FIRST SCHEDULE

Enactments Referred to in Section 3 (1)

SECOND SCHEDULE

Enactments Repealed


Number 8 of 1980


LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1980


AN ACT TO ENABLE THE MINISTER FOR THE ENVIRONMENT TO MAKE SUPERANNUATION SCHEMES AS REGARDS, AND TO ENABLE GRATUITIES TO BE GRANTED TO OR IN RESPECT OF, EMPLOYEES OF CERTAIN BODIES AND FOR THOSE PURPOSES TO ENABLE THAT MINISTER TO AMEND OR REPEAL CERTAIN ENACTMENTS RELATING TO SUPERANNUATION, TO AMEND THE HEALTH (CORPORATE BODIES) ACT, 1961 , THE HEALTH ACT, 1970 , AND THE LOCAL GOVERNMENT SERVICES (CORPORATE BODIES) ACT, 1971 , SO AS TO ENABLE, WITH CERTAIN MODIFICATIONS OR LIMITATIONS, SCHEMES UNDER THIS ACT TO BE APPLIED AS REGARDS, AND SUCH GRATUITIES TO BE GRANTED TO OR IN RESPECT OF, EMPLOYEES OF CERTAIN OTHER BODIES, TO REPEAL THE LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1956 , AND CERTAIN OTHER ENACTMENTS RELATING TO SUPERANNUATION, AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [4th June, 1980]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“the Act of 1956” means the Local Government (Superannuation) Act, 1956 ;

“the Act of 1961” means the Health (Corporate Bodies) Act, 1961 ;

“the Act of 1970” means the Health Act, 1970 ;

“the Act of 1971” means the Local Government Services (Corporate Bodies) Act, 1971 ;

“local authority” means any of the following bodies:

(a) a local authority for the purposes of the Local Government Acts, 1925 to 1978,

(b) a vocational education committee,

(c) a committee of agriculture,

(d) a school attendance committee;

“the Minister” means the Minister for the Environment;

“severance gratuity” means a gratuity payable under a scheme under section 2 of this Act to a person who is an employee of a body to which section 2 of this Act applies and who ceases to hold his office or employment,

(a) in consequence of the abolition of the office held by him as such an employee, or

(b) for the purpose of facilitating arrangements by which greater efficiency or economy can be effected as regards such body;

“the Social Welfare Acts” means the following, namely, the Old Age Pensions Acts, 1908 to 1979, the Unemployment Assistance Acts, 1933 to 1979, the Widows' and Orphans' Pensions Acts, 1935 to 1979, the Social Welfare (Children's Allowances) Acts, 1944 to 1979, the Social Welfare Acts, 1952 to 1979, the Social Welfare (Supplementary Welfare Allowances) Acts, 1975 and 1979, and any enactment which amends or extends all or any of those Acts;

“statute” and “statutory instrument” have the same meaning as they have, respectively, in section 3 of the Interpretation Act, 1937 .

Superannuation schemes as regards employees of local authorities and certain other bodies.

2.—(1) (a) The Minister may, with the consent of the Minister for the Public Service, make a scheme or schemes for the granting of pensions, lump sums, gratuities (including severance gratuities and injury benefits) and other allowances on retirement or death, or in such other circumstances as may be specified therein, to or in respect of persons both employed by a body to which this section applies and of a class or description specified in the scheme.

(b) Every body to any of whose employees a scheme under this section applies shall carry out the scheme in accordance with its terms, and without prejudice to the generality of the foregoing in case a scheme under this section requires a register to be established and maintained for the purposes of the scheme, and where such a scheme so provides, every such body shall enter the name of each such employee in the register, or, in case the scheme or any other scheme under this section provides for the division of the register, in such part thereof as is appropriate having regard to the terms of such scheme.

(2) Without prejudice to the generality of subsection (1) of this section, a scheme under this section may—

(a) have retrospective effect,

(b) provide for the payment or receipt by any or all of the following:

(i) the Minister for the Public Service,

(ii) any body service with which is capable of being reckoned for the purposes of any such scheme,

(iii) any person specified in the scheme,

(iv) the Secondary Teachers Superannuation Fund, the Primary Teachers Superannuation Fund or any other superannuation fund so specified,

of payments in respect of the transfer of superannuation benefits or service, being service which is capable of being reckoned for the purposes of a scheme under this section, or such other payments relating to superannuation as may be so specified,

(c) apply in relation to pensions, allowances, lump sums or gratuities paid or payable to or in respect of persons who, having been employees of bodies to which this section applies, have died or ceased to be such employees before the commencement of the scheme,

(d) require or authorise the payment of pensions, allowances, lump sums or gratuities to or in respect of persons mentioned in paragraph (c) of this subsection,

(e) provide that a pension, allowance, lump sum, gratuity or payment which is either granted or required to be made, pursuant to a scheme under this section, to or in respect of a person of a class or description so specified, shall be paid by another person of a class or description so specified, being a person other than the first-mentioned person's employer, and where the scheme so provides provision shall also be made therein for the making by such employer to such other person of such payments relating to superannuation as may be so specified,

(f) authorise the payment, without the production of probate or otherwise proving the title of the personal representative of a deceased person, of any sum, not exceeding an amount specified in the scheme, which is due in respect of any benefit under the scheme,

(g) require that any body to any of whose employees the scheme applies shall establish and maintain a register for the purposes of the scheme,

(h) specify the part of such register in which the names of the persons to whom the schemes applies, or the names of such persons who are persons of a specified class or description, are to be entered,

(i) provide for the removal of the name of a person, in such circumstances as may be specified in the scheme, by a body from the register kept by it for the purposes of the scheme, or, in case the scheme or any other scheme under this section provides for the division of such register, from such part thereof as may be so specified,

(j) provide that the names which, immediately before the commencement of the scheme, were entered in a register (which may be a register kept for the purposes of the Act of 1956) specified in the scheme by a body to any of whose employees the scheme applies, or any of those names which are the names of persons who are of a class or description so specified, shall be deemed to be entered in the register, or, as the case may be, in a part thereof so specified, kept by the body for the purposes of the scheme,

(k) provide for any transitional matter or any matter ancillary or incidental to the foregoing.

(3) Different schemes may be made under this section in relation to, or a scheme under this section may make different provisions in relation to, different classes or descriptions of persons employed by a body to which this section applies and without prejudice to the generality of the foregoing such classes or descriptions of persons may be denoted by reference to the exercise of an option specified in the scheme.

(4) A sum to be paid by a body to which this section applies pursuant to a provision which is included in a scheme under this section by virtue of paragraph (f) of subsection (2) of this section may be paid or distributed to or among persons appearing to the body to be beneficially entitled to the estate of the deceased person concerned, or to or among any one or more of those persons, or, in the case of the illegitimacy of the deceased person concerned or his children (being a case to which section 9 of the Legitimacy Act, 1931 , does not apply), to or among such persons as the body may think fit, and the body shall be discharged from all liability in respect of any such payment or distribution.

(5) (a) Subject to section 5 (4) of this Act, where it appears to the Minister that a provision in any statute or statutory instrument is inconsistent with, or has become unnecessary or requires to be adapted, modified or otherwise amended in consequence of, any provision of a scheme under this section, subject to subsection (6) of this section, he may by a scheme under this section made with the consent of the Minister for the Public Service repeal or amend the provision.

(b) This subsection shall come into force on the commencement of section 11 of this Act.

(6) A scheme under this section which repeals or amends a provision contained either in the Social Welfare Acts, or in any statutory instrument made under those Acts, shall be made by the Minister only with...

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