Local Government (Superannuation) (Consolidation)(Amendment) Scheme, 2004

JurisdictionIreland
CitationIR SI 178/2004
Year2004

The Minister for the Enviornment, Heritage and Local Government, 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 Finance, hereby makes the following Scheme:

Short Title.

1. (1) This Scheme may be cited as the Local Government (Superannuation) (Consolidation) (Amendment) Scheme, 2004.

(2) This Scheme, the Local Government (Superannuation) (Consolidation) Scheme, 1998 ( S.I. No. 455 of 1998 ) and the Local Government (Superannuation) (Consolidation) (Amendment) Scheme, 2002 ( S.I. No. 288 of 2002 ) shall be construed as one and may be cited together as the Local Government (Superannuation) (Consolidation) Scheme, 1998 to 2004.

Commencement.

2. This Scheme shall be deemed to have come into force on the 25th day of October, 2003.

Interpretation.

3. In this Scheme:—

“the Principal Scheme” means the Local Government (Superannuation) (Consolidation) Scheme, 1998.

Amendment of article 5 of the Principal Scheme.

4. Article 5 of the Principal Scheme is hereby amended by the substitution of the following sub-article for sub-article (3) thereof:

“(3) An officer of a local authority aggrieved by the refusal of or failure by the local authority to enter his or her name in the register may, on or before the 24th day of October, 2003, appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be entered in the register as from a specified date and, in the latter case, the local authority shall enter the name in the register as from that date.”.

Amendment of article 6 of the Principal Scheme.

5. Article 6 of the Principal Scheme is hereby amended by the substitution of the following sub-article for sub-article (3) thereof:

“(3) A person aggrieved by the removal of his or her name by a local authority from the register may, where the date of such removal is on or before the 24th day of October, 2003, within six months after the date the removal is notified to him or her, appeal against the removal to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be reinstated in the register and, in the latter case, the local authority shall reinstate the name in the register.”.

Amendment of article 60 of the Principal Scheme.

6. Article 60 of the Principal Scheme is hereby amended by the substitution of the following sub-article for sub-article (4) thereof:

“(4) An officer or employee of a local authority aggrieved by the refusal of or failure by the local authority to enter his or her name in Part I or Part II of the Register, as appropriate, may, on or before the 24th day of October, 2003, appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be entered in Part I or Part II of the Register, as appropriate, as from a specified date and, in the latter case, the local authority shall enter the name in the Register as from that date.”.

Amendment of article 61 of the Principal Scheme.

7. Article 61 of the Principal Scheme is hereby amended by the substitution of the following paragraph for paragraph (b) of sub-article (3) thereof:

“(b) A person aggrieved by the removal of his or her name by a local authority from Part I or Part II of the Register may, where the date of such removal is on or before the 24th day of October, 2003, within six months after the date the removal is notified to him or her, appeal against the removal to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be reinstated in the Register and, in the latter case, the local authority shall reinstate the name in the Register.”.

Amendment of article 282 of the Principal Scheme.

8. Article 282 of the Principal Scheme is hereby amended by the substitution of the following article therefor:

“282 (1) (a) Where a person who ceases to be a...

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