Local Government (Superannuation) (Gratuities) Regulations, 1984

JurisdictionIreland
CitationIR SI 346/1984

The Minister for the Environment, in exercise of the power conferred on him by sections 4 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 regulations:

1 Short Title.

1. These Regulations may be cited as the Local Government (Superannuation) (Gratuities) Regulations, 1984.

2 Interpretation.

2. (1) In these Regulations—

"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);

"emolument" means, subject to sub-article (2), any apartments, rations, or other perquisites in kind (or, as the case may require, a monetary payment given in lieu of such apartments, rations, or other perquisites) appertaining to an office or employment and all fees, poundage and commission of an officer or servant as such for his own use, together with allowances in the nature of pay, which are additional to salary or wages other than payments, expenses or allowances in kind of the kind specified in sub-article (2);

"employee" means an employee who is directly and personally employed, otherwise than as an independent contractor or as an officer, by a local authority;

"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;

"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 payable under the Act of 1956 or under any earlier Act relating to superannuation as may have applied to an officer or employee of a local authority or under the Act of 1945 or any earlier Act relating to superannuation as may have applied to him;

"pensionable officer" means a pensionable officer for the purposes of the Act of 1956;

"pensionable servant" means a pensionable servant for the purposes of the Act of 1956;

"qualified employment" shall have the meaning assigned to it by article 3;

"qualified person" means an officer or an employee of a local authority who is serving—

( a ) in a non-pensionable capacity for the purposes of the Act of 1945, the Act of 1956 and the Revision Scheme of 1984, or

( b ) as a pensionable officer or servant, as a registered officer or employee of a local authority or as an officer or employee of a local authority to whom Part VIII of the Mental Treatment Act, 1945 applies, where in each case he has a period or periods of service with the local authority or with any other local authority which is not reckonable as service for the purposes of the said Acts or Scheme, such non-reckonability not being due to the exercise or the non-exercise of any option at any time under the superannuation provisions applicable to him at that time;

"registered employee" means a registered employee for the purposes of the Revision Scheme of 1984;

"registered officer" means a registered officer for the purposes 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" means, subject to sub-article (2), payments as salary to an officer as such for his own use and, in the case of an officer who is suspended or absent on leave and who, as respects the period of suspension or absence, does not receive a part of the payments as salary to him for his own use which he would have received if he had not been suspended or absent on leave, includes that part, together with allowances made to vocational teachers in respect of qualifications in accordance with the appropriate scales for the time being approved by the Minister for Education and the Minister for the Public Service;

"unfitness" means unfitness of a qualified person for his office or employment, but does not include unfitness due to infirmity of mind or body or old age;

"wages" means, subject to sub-article (2), payments as wages to a servant as such for his own use and in the case of a servant who is suspended or absent on leave and who, as respects the period of suspension or absence, does not receive a part of the payments as wages to him for his own use which he would have received if he had not been suspended or absent on leave, includes that part;

"weekly remuneration", subject to sub-articles (3) and (4), means—

( a ) in the case of a qualified person—

(i) whose salary or wages in respect of his qualified employment over the period or the aggregate of the periods of the last three years of his qualified employment, hereafter called "the relevant period", have not changed, otherwise than in accordance with changes applicable generally to the class, description or grade of qualified persons to which he belonged at the expiration of the relevant period or, having so changed,

(I) he has died and the period between the date his salary or wages so changed and the date of his sixty-fifth birthday is not less then three years, or

(II) he has ceased to hold the qualified employment because of his having become incapable of performing his duties by reason of permanent infirmity of mind or body and the period between the date his salary or wages so changed and the date of his sixtieth birthday is not less than three years,

his weekly rate of salary or wages at the date of cesser of his qualified employment together with the weekly average of his emoluments (if any) over the relevant period, and

( b ) in any other case, the uprated average weekly rate of salary or wages applicable to his qualified employment during the relevant period determined in accordance with the formula set out in the Table hereto together with the average weekly emoluments (if any) so applicable during that period.

TABLE

where

A is the number of days in the relevant period served in the position in which he was serving at the commencement of that period,

B is the weekly rate of salary or wages which he would have had at the date of cesser of qualified employment if he had continued to serve in the position in which he was serving at the commencement of the relevant period,

C is the number of days in the relevant period served in the position in which he was serving at the expiration of the relevant period,

D is his weekly rate of salary or wages at the expiration of the relevant period,

N is 1095 days,

provided that, if his position changed more than once during the relevant period, the formula shall be modified by the insertion after the value , of the value,

in respect of each such additional change, where in any value so inserted

E equals the number of days in the relevant period served in the additional position to which the value relates, and

F equals the weekly rate of salary or wages which he would have had at the date of cesser of qualified employment if he had continued to serve in the additional position to which the value relates.

(2) In this Scheme neither "salary" nor "emoluments" shall include—

( a ) payments for overtime,

( b ) travelling expenses,

( c ) payments for special work of a casual or temporary nature...

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