Local Government (Superannuation) (Consolidation) (Amendment) Scheme, 2007

• Jurisdiction: Ireland
• Citation: IR SI 177/2007
• Year: 2007

S.I. No. 177 of 2007

LOCAL GOVERNMENT (SUPERANNUATION) (CONSOLIDATION) (AMENDMENT) SCHEME, 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st May, 2007.

The Minister for the Environment, 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, 2007.

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

Commencement.

2. (1) Article 4 shall be deemed to have come into force on the 1st day of January, 2002.

(2) Articles 5 and 16 shall be deemed to have come into force on the 1st day of January, 2003.

(3) Articles 6(a), 7, 8, 15, 18(a), 19(b), 21(b), 26(a) and 37 shall be deemed to have come into force on the date of the making of this Scheme.

(4) Articles 6(b) and 18(b) shall be deemed to have come into force on the 11th day of July, 1997.

(5) Articles 6(c), 18(c) and 28 shall be deemed to have come into force on the 30th day of September, 1998.

(6) Articles 9 and 23 shall be deemed to have come into force on the 12th day of July, 2000.

(7) Articles 10, 13, 25, 32, 34, 43 and 44 shall be deemed to have come into force on the 2nd day of December, 1997.

(8) Articles 11, 14, 26(b) and 35 shall be deemed to have come into force on the 30th day of November, 1998.

(9) Article 12 shall be deemed to have come into force on the 1st day of January, 1992.

(10) Articles 17 and 24 shall be deemed to have come into force on the 6th day of April, 1995.

(11) Articles 19(a), 21(a), 21(c), 22(a), 22(b), 29, 31, 33(a) and 33(b) shall be deemed to have come into force on the 2nd day of June, 2002.

(12) Articles 20, 22(d), 30 and 33(d) shall be deemed to have come into force on the 15th day of July, 2005.

(13) Articles 22(c), 22(e), 33(c) and 33(e) shall be deemed to have come into force on the 21st day of December, 2000.

(14) Articles 27, 36, 40, 47(a), 48 and 54 shall be deemed to have come into force on the 27th day of May, 1977.

(15) Article 38 shall be deemed to have come into force on the 23rd day of July, 1968.

(16) Articles 39, 41, 42 and 45 shall be deemed to have come into force on the 10th day of January, 1984.

(17) Article 46 shall be deemed to have come into force on the 1st day of June, 1973.

(18) Articles 47(b) and 51 shall be deemed to have come into force on the 9th day of April, 2001.

(19) Article 49 shall be deemed to have come into force on the 15th day of December, 2000.

(20) Articles 50, 52 and 53 shall be deemed to have come into force on the 1st day of July, 1990.

Interpretation.

3. In this Scheme—

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

Amendment of article 3 of the Principal Scheme.

4. Article 3 of the Principal Scheme, as amended by article 4 of the Local Government (Superannuation) (Consolidation) (Amendment) Scheme, 2002, is hereby further amended by the substitution of the following definition for the definition of “officer” contained in sub-article (1) thereof:

“ ‘officer’ means a person who, but for the repeal of Part II of the Local Government Act, 1941 (No. 23 of 1941) by virtue of an order made pursuant to section 5(2) of the Local Government Act, 2001 (No. 37 of 2001), would be an officer of a local authority;”.

Amendment of article 4 of the Principal Scheme.

5. Article 4 of the Principal Scheme is hereby amended—

(a) by the substitution of the following subparagraph for subparagraph (ii) of paragraph (a) of the definition of “eligible employee” contained therein:

“(ii) during any local financial year, commencing with the local financial year ending on the 31st day of December, 1986 and ending with the local financial year ending on the 31st day of December, 2002,”,

(b) by the insertion of the following paragraph after paragraph (b) of the definition of “eligible employee” contained therein:

“(c) a person who on or after the 1st day of January, 2003 becomes an employee of a local authority and has service days in relation to that local authority or to that local authority and any other local authority;”,

(c) by the substitution of the following paragraph for paragraph (c) of the definition of “eligible officer” contained therein:

“(c) with effect from—

(i) the date of his or her appointment or re-appointment following a break in service, being a date on or after the 2nd day of January, 1998, a temporary officer of a local authority within the meaning of paragraph (a) of the definition of “local authority” in section 1 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980), the whole of whose time is devoted to the service of one or more than one such local authority or who is sharing a wholetime office with one other officer under an approved job-sharing scheme, or

(ii) the 1st day of January, 1998, a temporary officer of a local authority within the meaning of paragraph (a) of the definition of “local authority” in section 1 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980), the whole of whose time is devoted to the service of one or more than one such local authority or who is sharing a wholetime office with one other officer under an approved job-sharing scheme and who is serving as such an officer on such date,

subject to the following provisos—

(I) that the provisions of this paragraph shall not apply to a person who has attained the age of sixty-five years on the date referred to in subparagraph (i) or (ii),

(II) that a person who becomes an eligible officer by virtue of subparagraph (i) or (ii) shall cease to be an eligible officer on attaining the age of sixty-five years, and

(III) that—

(A) a person referred to in subparagraph (i) who has personal pension arrangements on the date of his or her appointment or re-appointment, as appropriate, being a date on or before the 31st day of December, 2002, may elect in writing to his or her employing local authority, not later than three months after such date, or

(B) a person referred to in subparagraph (ii) who has personal pension arrangements on the 1st day of January, 1998, may elect in writing to his or her employing local authority, before the 31st day of March, 1998,

not to become an eligible officer, subject to the production by him or her to the local authority of documentary evidence of such personal pension arrangements and subject, also, to his or her right to revoke such election in writing and become an eligible officer with effect from any future date;”.

Amendment of article 11 of the Principal Scheme.

6. Article 11 of the Principal Scheme is hereby amended as follows:

(a) by the deletion of paragraph (c) from sub-article (1) thereof,

(b) by the substitution of the following subparagraph for subparagraph (i) of sub-article (5)(a) thereof:

“(i) an office to which, at the time of the retirement, the Act of 1926 applies—

(A) (or would have applied but for the substitution in section 2 thereof of the amendment effected by section 11 of the Local Government Act, 1998 (No. 16 of 1998)), or

(B) (or would have applied but for the making by the Minister for Health and Children of an order pursuant to section 15(1) of the Health Act, 1970 (No. 1 of 1970) directing that the Act of 1926 shall no longer apply to appointments to such office),

because the qualifications of the office are professional,”,

(c) by the addition of the following paragraph to sub-article (6) thereof:

“(e) Where a pensionable officer who ceases to hold office because of permanent infirmity of mind or body had previously been granted pension rate of pay, the service of such officer at cesser of office, including any period added pursuant to this sub-article, shall not be less than the service by reference to which the said pension rate of pay was determined.”.

Amendment of article 13 of the Principal Scheme.

7. Article 13 of the Principal Scheme is hereby amended by the deletion of paragraph (d) from sub-article (2) thereof.

Amendment of article 17 of the Principal Scheme.

8. Article 17 of the Principal Scheme is hereby amended by the deletion of paragraph (d) from sub-article (3) thereof.

Amendment of article 21 of the Principal Scheme.

9. Article 21 of the Principal Scheme is hereby amended—

(a) by the substitution of “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 47 of the Local Government Act, 2001 (No. 37 of 2001),” for “Where, pursuant to section 47 of the Local Government Act, 1991 ,” in sub-article (1) thereof,

(b) by the addition of the following sub-article after sub-article (2):

“(3) This article shall not apply to a manager whose tenure period is extended pursuant to section 47A of the Local Government Act, 1991 , as inserted by section 1 of the Local Government Act, 2000 , or section 1 47 of the Local Government Act, 2001 , and who ceases to hold office before the expiration of his or her tenure period as so extended.”.

Amendment of article 24 of the Principal Scheme.

10. Article 24 of the Principal Scheme is hereby amended by the addition of the following sub-article thereto:

“(10) Contributions shall not be returned where a gratuity is...