Widows’ and Children’s (Miscellaneous Offices) Contributory Pension Scheme, 1978

• Jurisdiction: Ireland
• Citation: IR SI 5/1978
• Year: 1978

S.I. No. 5 of 1978.
WIDOWS' AND CHILDREN'S (MISCELLANEOUS OFFICES) CONTRIBUTORY PENSION SCHEME 1978.
I, SEOIRSE Ó COLLA, Minister for the Public Service, in exercise of the powers conferred on me by section 2 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976), hereby make the following scheme:
	1 Short Title.	1. This Scheme may be cited as the Widows' and Children's (Miscellaneous Offices) Contributory Pension Scheme, 1978.
	2 Commencement.	2. This Scheme shall be deemed to have come into force on the 23rd day of July, 1968.
	3 Interpretation.	3. (1) In this Scheme—
"adoption order" means an adoption order made under the Adoption Act, 1952 (No. 25 of 1952);
"child", subject to paragraph (2) (b) of this Article, means a legitimate or lawfully adopted person who is,
( a ) a person under sixteen years of age, or
( b ) a person under the age of twenty-one years of age and is receiving full-time instruction at any university, college, school or other educational establishment, or
( c ) a person under the age of twenty-one years of age and is undergoing full-time instruction or training by any person (in this Scheme referred to as "the employer") for any vocation, profession or trade, being instruction or training approved of by the Minister for the purposes of this Scheme, or
( d ) a person who is permanently incapacitated by reason of mental or physical infirmity from maintaining himself and who when his permanent incapacity first occurred was a person described in any of the foregoing paragraphs of this definition, provided that in case the person reaches the age of twenty-one years prior to the 1st day of June, 1973, this definition shall not apply to him during the period beginning on the day on which he reaches that age and ending on the 31st day of May, 1973;
"children's pension" has the meaning assigned to it by Article 5;
"contributing member" means a member who is serving as an officer;
"death gratuity", except in the expression "preserved death gratuity", means a gratuity payable on death by virtue of the superannuation and pensions terms applicable to the officer in respect of his office;
"the deceased" has the meaning assigned to it by Article 5;
" the deceased's pension" means,
( a ) in case prior to the 1st day of June, 1973, he is awarded a pension or qualifies for a pension under section 4 of the Superannuation Act, 1914, the amount of such pension,
( b ) in case prior to the 1st day of June, 1973, having given at least five and not more than ten years' reckonable service, he retires on a medical certificate, an amount equivalent to one-eightieth of his pensionable remuneration for each completed year of reckonable service,
( c ) in case prior to the 1st day of June, 1973, he dies while serving as an officer having given at least five years' reckonable service, the pension which would have been granted to him if, on the date of death, he retired on a medical certificate and then had the reckonable service which he would have had if he had served to retiring age,
( d ) in case prior to the 1st day of June, 1973, he retires on a medical certificate and either is a person mentioned in paragraph (b) of this definition or was awarded a pension, with effect from the said 1st day of June, the pension which would be granted to him if he then had the reckonable service which he would have had if he had served to retiring age,
( e ) in case on or after the 1st day of June, 1973, otherwise than on retirement on a medical certificate, he is awarded a pension, a preserved pension or a pension under section 4 of the Superannuation Act, 1914, the amount of such pension,
( f ) in case on or after 1st day of June, 1973, on retirement on a medical certificate he is awarded a pension, the pension which would be granted to him if he then had the reckonable service which he would have had if he had served to retiring age,
( g ) in case on or after the 1st day of June, 1973, he dies while serving as an officer, the pension for which he would be eligible if paragraph (f) of this definition applied to him;
"employer" has the meaning assigned to it by this Article;
"former member" means an officer who, being then married, retired from office and was awarded a pension and lump sum or preserved pension and lump sum or, if he so retired on a medical certificate before the 1st day of June, 1973, had at least five years' reckonable service and was awarded a gratuity;
"lump sum", except in the expression "preserved lump sum", means:
( a ) in relation to an officer whose pension, short service gratuity, death gratuity, preserved pension or preserved death gratuity in respect of his office is paid under the Superannuation Acts, an additional allowance granted under those Acts, or any of those Acts, and includes an allowance, other than an annual allowance, under section 6 of the Superannuation Act, 1909,
( b ) in relation to an officer whose pension or death gratuity is not paid under the Superannuation Acts, a payment (other than an annual payment) on retirement by virtue of the superannuation terms applicable to the officer in respect of his office, including a lump-sum payable by virtue of section 28 (4) of the Finance (Miscellaneous Provisions) Act, 1968 (No. 7 of 1968), or a lump sum on retirement payable under a scheme made by the Minister under section 2 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976);
"medical certificate" means, in relation to the retirement of any officer, a medical certificate having regard to which the Minister is satisfied that the officer to whom the certificate relates is incapable from infirmity of mind or body of discharging the duties of his office and that that infirmity is likely to be permanent;
"member" means an officer who, pursuant to Article 4, is a member of this Scheme;
"the Minister", subject to paragraph (4) of this Article, means the Minister for the Public Service;
"officer" means a person who—
( a ) is an Appeal Commissioner for the purposes of the Income Tax Acts to whom section 28 of the Finance (Miscellaneous Provisions) Act, 1968 , applies,
( b ) is a member of the staff of the Houses of the Oireachtas within the meaning of section 2 of the Staff of the Houses of the Oireachtas Act, 1959 (No. 38 of 1959),
( c ) holds the office of Comptroller and Auditor General who at any time before being appointed to that office was an established civil servant and who makes an election under section 2 of the Comptroller and Auditor General (Amendment) Act, 1944 (No. 19 of 1944), as amended by section 5 of the Superannuation and Pensions Act, 1976 ,
( d ) is a Commissioner of the Irish Land Commission appointed pursuant to section 4 of the Land Law (Commission) Act. 1923 (No. 27 of 1923),
( e ) is an officer or servant appointed pursuant to section 13 of the National Gallery of Ireland Act. 1854.
( f ) is a person appointed pursuant to section 2 (1) of the Property Values (Arbitrations and Appeals) Act, 1960 (No. 45 of 1960), to be a property arbitrator;
"pension", except in the expression "preserved pension", means:
( a ) in relation to an officer whose pension, short-service gratuity, death gratuity, preserved pension or preserved death gratuity in respect of his office is paid under the Superannuation Acts, an annual allowance granted under those Acts, or any of those Acts, other than an annual allowance under the Superannuation Act, 1887 (Section 1) Warrant, 1946 (S.R., and O. No. 236 of 1946), and includes an allowance under section 2 of the Superannuation Act, 1887, and an annual allowance under section 6 of the Superannuation Act, 1909,
( b ) in relation to an officer whose pension or death gratuity in respect of his office is paid otherwise than under the Superannuation Acts, an annual payment payable on retirement by virtue of the superannuation terms applicable to the officer in respect of his office, including a pension payable by virtue of section 28 (3) of the Finance (Miscellaneous Provisions) Act, 1968 , or a pension on retirement payable under a scheme made by the Minister under section 2 of the Superannuation and Pensions Act, 1976 ;
"pension rate of pay" means a rate of salary or wages payable to a person which is equal to the rate of pension payable if he had retired on a medical certificate;
"pensionable emoluments" means the annual amount of any emoluments (in addition to pensionable pay) reckonable in calculating a member's pension, lump sum, death gratuity or short service gratuity;
"pensionable pay" means the annual amount which, together with any pensionable emoluments, is reckonable in calculating a member's pension, lump sum, death gratuity or short service gratuity;
"pensionable remuneration" means the aggregate of pensionable emoluments and pensionable pay;
"periodic contributions" has the meaning assigned to it by Article 9(3):
"preserved death gratuity" means a gratuity payable on death by virtue of regulations made by the Minister under section 3 of the Superannuation and Pensions Act, 1976 ;
"preserved lump sum"' and "preserved pension" mean respectively a lump sum and a pension payable by virtue of regulations made by the Minister under section 3 of the Superannuation and Pensions Act, 1976 ;
"reckonable service" means service as computed in accordance with the enactments relating to the computation of service for the purpose of determining the amount of a pension or lump sum;
"retiring age" means seventy years of age in the case of a member holding the office of Comptroller and Auditor General, sixty-seven years of age in the case of a member who is a Commissioner of the Irish Land Commission appointed pursuant to section 4 of the Land Law (Commission) Act, 1923 , and sixty-five years of age in the case of other members;
"short service gratuity" means a gratuity under section 6 of the Superannuation Act, 1859;
"the...