Local Government (Superannuation) (Consolidation) (Amendment) Scheme 2012

• Jurisdiction: Ireland
• Citation: IR SI 291/2012
• Year: 2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st July, 2012.

The Minister for the Environment, Community 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), as adapted by the Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 193 of 2011 ), and with the consent of the Minister for Public Expenditure and Reform, in exercise of the powers conferred on him by sections 2 and 5 of the Local Government (Superannuation) Act 1980 (No. 8 of 1980) and by sections 7 and 9 of the Ministers and Secretaries (Amendment) Act 2011 , hereby makes the following Scheme:

Short Title

1. (1) This Scheme may be cited as the Local Government (Superannuation) (Consolidation) (Amendment) Scheme 2012.

(2) This Scheme, the Local Government (Superannuation) (Consolidation) Scheme 1998 ( S.I. No. 455 of 1998 ), the Local Government (Superannuation) (Consolidation) (Amendment) Scheme 2002 ( S.I. No. 288 of 2002 ), the Local Government (Superannuation) (Consolidation) (Amendment) Scheme 2004 ( S.I. No. 178 of 2004 ) and the Local Government (Superannuation) (Consolidation) (Amendment) Scheme 2007 ( S.I. No. 177 of 2007 ) shall be construed as one and may be cited together as the Local Government (Superannuation) (Consolidation) Scheme, 1998 to 2012.

Interpretation

2. In this Scheme—

“the Principal Scheme” means the Local Government (Superannuation) (Consolidation) Scheme 1998 ( S.I. No. 455 of 1998 ).

Amendment of article 66 of the Principal Scheme

3. Article 66 of the Principal Scheme, as amended by article 18 of the Local Government (Superannuation) (Consolidation) (Amendment) Scheme 2007 is hereby amended by the addition of the following paragraph to sub-article (5) thereof:

“(d) This sub-article shall not apply to anyone first appointed to an office of city or county manager, assistant city or county manager or director of services, or the office of Personnel Officer, Dublin City Council on or after the coming into operation of this Order.”

Amendment of article 78 of the Principal Scheme

4. Article 78 of the Principal Scheme, as amended by article 23 of the Local Government (Superannuation) (Consolidation) (Amendment) Scheme 2007 is hereby further amended by the substitution of the following article

“78.(1) Where pursuant to section 47 of the Local Government Act, 1991 (No. 11 of 1991), or section 47 A of that Act, as inserted by section 1 of the Local Government Act 2000 (No. 25 of 2000), or section 1 of the Local Government Act, 2001 (No. 37 of 2001), a person who holds the office of manager on the day before the coming into operation of this Order ceases to hold office before he or she has attained the age of sixty-five years and he or she is not re-appointed to such office or appointed to any other office of manager pursuant to the provisions of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), as extended by the provisions of the City and County Management (Amendment) Act, 1955 (No. 12 of 1955), or he or she does not otherwise become a registered officer of a local authority, the following provisions shall apply:

(a) there shall be added to his or her pensionable local service a period not exceeding—

(i) if his or her pensionable local service is twenty...