Local Government (Superannuation Revision) Scheme, 1984

• Jurisdiction: Ireland
• Citation: IR SI 33/1984

S.I. No. 33 of 1984.
LOCAL GOVERNMENT (SUPERANNUATION REVISION) SCHEME, 1984.
The Minister for the Environment, 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 the Public Service, hereby makes the following Scheme:
	1 Short Title.	1. This Scheme may be cited as the Local Government (Superannuation Revision) Scheme, 1984.
	2 Commencement.	2. This Scheme shall be deemed to have come into force on the 27th day of May, 1977.
	3 Interpretation.	3. (1) In this Scheme:
"the Act of 1956" means the Local Government (Superannuation) Act, 1956 (No. 10 of 1956);
"the appropriate Minister" means—
(a) in case the local authority in question are a vocational education committee, the Minister for Education, and
(b) in any other case, the Minister;
"benefit under the Act of 1956 or under this Scheme" means any allowance, lump sum, gratuity, preserved pension, preserved lump sum, preserved death gratuity or any return of contributions under the Act of 1956 or under this Scheme and includes any transfer of service as respects a position for superannuation purposes to a position service in which is capable of being reckoned under the said Act or Scheme;
"eligible employee" means—
(a) an employee of a local authority, not being a pensionable servant for the purposes of the Act of 1956, and not being a registered employee, who, on the expiration of any local financial year, with effect from and including the local financial year ending on the 31st day of December, 1978, has had in that local financial year one hundred and thirty or more service days in relation to the local authority or to that local authority and any other local authority, and who did not give notice in writing under section 30 (2) or section 31 (1) (b) of the Act of 1956 in the month of January, 1978, that his name was not to be entered in or was to be removed from the register of pensionable servants maintained by a local authority under section 30 of the Act of 1956, or
(b) a person who, on or after the 1st day of June, 1978 becomes an employee of a local authority who, immediately before becoming such employee, was a registered officer of the same or another local authority, a registered employee of such local authority or the holder of a position not under a local authority service in which is capable of being reckoned under this Scheme;
"eligible officer" means a permanent officer whose appointment as such was made on or after the 1st day of June, 1978 and who either
(a) devotes the whole of his time to the service of one or more than one local authority, or
(b) is required to be a registered medical practitioner;
"employee" means an employee who is appointed or employed, otherwise than as an independent contractor or as an officer, by a local authority;
"emolument" shall have the meaning assigned to it under the Act of 1956, as modified by clause 2 of Part I of the First Schedule to this Scheme;
"fully insured" means insured for all benefits under the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);
"local authority" shall have the meaning assigned to it in section 1 of the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) and in addition shall include a board or body such as is referred to in section 2 (9) of that Act;
"mental hospital officer" means an officer whose duties relate wholly to the functions of a health board under the Mental Treatment Acts, 1945 to 1966 or the Health (Mental Services) Act, 1981 (No. 17 of 1981);
"mental hospital servant" means a servant whose duties relate wholly to the functions of a health board under the Mental Treatment Acts, 1945 to 1966 or the Health (Mental Services) Act, 1981 (No. 17 of 1981);
"minimum retiring age" means, in the case of an officer to whom the provisions of section 12 (2) of the Act of 1956 applies, or in the case of an employee to whom section 35 (2) of that Act applies, 55 years and in any other case, 60 years;
"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);
"pensionable local service", in the case of an officer, has the meaning assigned to it in section 12 of the Act of 1956, as modified by clause 2 of Part II of the First Schedule to this Scheme and, in the case of an employee, the meaning assigned to it in section 35 of the Act of 1956, as modified by clause 3 of Part III of the First Schedule to this Scheme together, in each case, with any period of service which is reckonable as service under this Scheme;
"personal weekly rate of old age contributory pension" means the old age (contributory) pension payable in the case of a person under eighty years at the rate set out in column (2) of Part I of the Second Schedule to the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);
"the Regulations of 1956" means the Local Government (Superannuation) Act, 1956 (Addition to Service) Regulations, 1956 ( S.I. No. 79 of 1956 );
"the Register" means the Superannuation Revision Scheme Register maintained under article 4 of this Scheme;
"registered employee" means an employee whose name is entered in Part II of the Register;
"registered officer" means an officer whose name is entered in Part I of the Register;
"salary" shall have the meaning assigned to it under the Act of 1956, as modified by clause 1 of Part I of the First Schedule to this Scheme;
"service day" shall have the same meaning as is assigned to it under the Act of 1956;
"unfitness" means unfitness of an officer or employee for his office or employment, but does not include unfitness due to infirmity of mind or body or old age;
"wages" shall have the same meaning as is assigned to it under the Act of 1956.
(2) In this Scheme, any reference to an article or a Schedule which is not otherwise identified is a reference to an article or a Schedule of this Scheme.
(3) In this Scheme, any reference to a sub-article, paragraph, subparagraph, clause or sub-clause which is not otherwise identified is a reference to the sub-article, paragraph, subparagraph, clause or sub-clause of the provision (including a Schedule) in which the reference occurs.
(4) In this Scheme, references to provisions of the Social Welfare (Consolidation) Act, 1981 shall be construed, as respects matters arising before the coming into operation of that Act, as references to the corresponding provisions of the Social Welfare Acts 1952 to 1980 which were repealed and re-enacted in that Act.
	4 Register.	4. (1) A local authority shall maintain a Superannuation Revision Scheme Register which shall have effect from the 27th day of May, 1977.
(2) Where a person becomes an eligible officer of a local authority, the local authority shall enter his name in Part I of the Register and shall notify him accordingly within one month.
(3) (a) Subject to paragraphs (b) and (c), where a person becomes an eligible employee of a local authority, the local authority shall enter his name in Part II of the Register and shall notify him accordingly within one month.
(b) Where the person becomes an eligible employee by virtue of paragraph (a) of the definition of eligible employee in article 3, the local authority shall make the entry with effect from the expiration of the appropriate local financial year.
(c) Where the person becomes an eligible employee by virtue of paragraph (b) of the definition of eligible employee in article 3, the local authority shall make the entry with effect from the date of his becoming an employee of the local authority.
(4) An officer of a local authority aggrieved by the refusal or failure by the local authority to enter his name in Part I of the Register may 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 of 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.
(5) A local authority shall keep the Register at all reasonable times at their principal office for inspection by their officers and employees and by either—
(a) in the case of the corporation of a borough, the members of the council of the borough, or
(b) in any other case, the members of the local authority.
(6) (a) Section 7 of the Act of 1956 shall not apply as respects an eligible officer.
(b) Section 30 of the Act of 1956 shall not apply as respects an eligible employee.
	5 Removal from Register.	5. (1) A local authority shall remove from Part I of the Register the name of any person who ceases to be an eligible officer and shall notify him accordingly within one month.
(2) (a) Subject to paragraph (b), a local authority shall remove from Part II of the Register the name of a person who ceases to be an employee of the local authority.
(b) Notwithstanding paragraph (a), where it is the practice of a local authority to take from time to time any particular person into their employment as an employee after a period during which he is not so employed—
(i) the local authority shall not remove the name of such person from the Register on any particular occasion when he ceases to be so employed unless they have decided not to so employ him again or he dies and, so long as his name remains in the Register on account of this paragraph, he shall for the purposes of articles 10 and 11 of this Scheme and of section 36, section 39, section 40 and subsection (4) of section 44 of the Act of 1956 be regarded as not having ceased to be so employed,
(ii) where, during any particular period when such person is not so employed by the local authority, they decide not to so employ him again or he dies they shall remove his name...