S.I. No. 321/1984 - Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984.

S.I. No. 321 of 1984.

LOCAL GOVERNMENT OFFICERS (WIDOWS AND ORPHANS CONTRIBUTORY PENSION) 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 Officers (Widows and Orphans Contributory Pension) Scheme, 1984.

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—

"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);

"adoption order" means an adoption order made under the Adoption Act, 1952 (No. 25 of 1952);

"child", subject to sub-article (4) (b), means,

( a ) (i) a legitimate child of the deceased or a person lawfully adopted by the deceased, and

(ii) with effect from the 1st day of January, 1979, a step-child of the deceased,

who is

(I) under sixteen years of age, or

(II) under the age of twenty-one years and is receiving full-time instruction at any university, college, school or other educational establishment, or

(III) under the age of twenty-one years 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, and

( b ) with effect from the 27th day of May, 1977 includes 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 paragraph (a) of this definition;

"children's pension" has the meaning assigned to it by article 5;

"contributing member" means a member who is serving as a pensionable officer or as a registered officer of a local authority;

"death gratuity" means, in relation to a pensionable officer, a gratuity under section 20 of the Act of 1956 and, in relation to a registered officer, a gratuity under section 20 of the Act of 1956, as modified by clause 8 of Part II of the First Schedule to the Revision Scheme of 1984;

"the deceased" has the meaning assigned to it by article 5;

"the deceased's pension", subject to sub-article (5), means,

( a ) where, prior to the 27th day of May, 1977, he is awarded a pension, such pension,

( b ) where, prior to the 1st day of June, 1973, he dies while serving as a pensionable 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 because of permanent infirmity of mind or body and then had the service which he would have had if he had served to age 65,

( c ) where, prior to the 27th day of May, 1977, he retires because of permanent infirmity of mind or body and either, having at least five and less than ten years' reckonable service, was awarded a short service gratuity or, having given ten years or more reckonable service, was awarded a pension —— with effect from the said 27th day of May, the pension which would be granted to him if he then had the service which he would have had if he had served to age 65,

( d ) where he is awarded a pension on or after the 27th day of May, 1977, otherwise than on retirement because of permanent infirmity of mind or body, such pension,

( e ) in relation to a pensionable officer, where on or after the 27th day of May, 1977, on retirement because of permanent infirmity of mind or body having given at least five and less than ten years' reckonable service, he is awarded a short service gratuity or, having given ten years' or more reckonable service, is awarded a pension, the pension which would be granted to him if he then had the service which he would have had if he had served to age 65,

( f ) in relation to a registered officer, where he is awarded a pension, on or after the 27th day of May, 1977, on retirement because of permanent infirmity of mind or body, the pension which would be granted to him if he then had the service which he would have had if he had served to age 65,

( g ) where, on or after the 1st day of June, 1973, he dies while serving as a pensionable officer of a local authority or as a registered officer of a local authority, the pension which would be granted to him if, on the date of death, he retired because of permanent infirmity of mind or body and then had the service which he would have had if he had served to age 65,

( h ) where a preserved pension was in payment to the deceased, such pension,

( i ) where, having resigned with entitlement to a preserved pension the deceased dies before attaining sixty years of age or before applying for the preserved pension, the preserved pension which would be granted to him if he had then reached his sixtieth birthday and had applied for the preserved pension;

"emolument", in relation to a pensionable officer, has the meaning assigned to it by section 2 of the Act of 1956 and, in relation to a registered officer, has the meaning assigned to it by section 2 of the Act of 1956, as modified by clause 2 of Part I of the First Schedule to the Revision Scheme of 1984;

"former member" means a person who, being then married, retired from a local authority with a prospective entitlement under this Scheme or under any of the Pension Schemes of 1984;

"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;

"lump sum" means a lump sum under section 15 of the Act of 1956;

"member" means a person who, pursuant to article 4, is a member of this Scheme;

"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 under section 15 of the Act of 1956;

"pensionable local service", in the case of a pensionable officer, means the pensionable local service of the officer for the purposes of the Act of 1956 and, in the case of a registered officer, means the pensionable local service of the officer for the purposes of the Revision Scheme of 1984;

"pension rate of pay" means a rate of salary payable under Rule (iv) of article 21 (1) of the Local Government (Officers) Regulations, 1943 (S.R. & O. 1943. No. 161) or under such provision corresponding to that Rule as may apply to a member;

"the Pension Schemes of 1984" means,

( a ) the Local Government Officers (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 ( S.I. No. 320 of 1984 ),

( b ) the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 318 of 1984 ), and

( c ) the Local Government Employees (Widows and Orphans Ex-Gratia Pension) Scheme, 1984 ( S.I. No. 319 of 1984 );

"pensionable officer" means a pensionable officer as defined in section 2 of the Act of 1956;

"pensionable remuneration", in relation to a pensionable officer, has the meaning assigned to it by section 27 of the Act of 1956 and, in relation to a registered officer, has the meaning assigned to it by section 27 of the Act of 1956, as modified by clause 12 of Part II of the First Schedule to the Revision Scheme of 1984;

"periodic contributions" has the meaning assigned to it by article 9 (3);

"preserved death gratuity" means a gratuity payable on death by virtue of article 11 of the Revision Scheme of 1984;

"preserved lump sum" and "preserved pension" mean respectively a lump sum and a pension payable by virtue of article 11 of the Revision Scheme of 1984;

"reckonable service" has the same meaning as "pensionable local service" save that any increased period of pensionable local service under section 12 (2) of the Act of 1956 shall be disregarded;

"registered officer" means a registered officer within the meaning 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", in relation to a pensionable officer, has the meaning assigned to it by section 2 of the Act of 1956 and, in relation to a registered officer, has the meaning assigned to it by section 2 of the Act of 1956, as modified by clause 1 of Part I of the First Schedule to the Revision Scheme of 1984;

"service", other than in the expressions "pensionable local service" and "reckonable service", means a member's pensionable local service together with any period added to his pensionable local service under section 13 of the Act of 1956 or, where appropriate, which would have been added to his pensionable local service if he had served to age 65;

"short service gratuity" means a gratuity under section 19 of the Act of 1956;

"widow's pension" has the meaning assigned to it by article 5.

(2) In this Scheme any reference to an article which is not otherwise identified is a reference to an article of this Scheme.

(3) In this Scheme any reference to a sub-article, paragraph or subparagraph which is not otherwise identified is a reference to the sub-article, paragraph or subparagraph of the provision in which the reference occurs.

(4) ( a ) Where, in relation to a person referred to in clause (II) or (III) of paragraph (a) of the definition of "child" in sub-article (1), a break occurs in his full-time instruction or training, then, he shall, for the duration of such break, be regarded as having ceased to be a child for the purposes of this Scheme.

( b ) The following shall not be regarded as a child within the meaning of this Scheme namely:

(i) a person who was not wholly or mainly dependent on a member immediately prior to the member's death.

(ii) a person who is married or is cohabiting with another as man and wife, or

(iii) a person referred to in clause (III) of paragraph (a) of the said definition of "child" to whom, or in respect of whom emoluments in respect of such instruction or training are payable by, or on behalf of, the employer and which are of such an amount in the opinion of the Minister, either generally, or in a particular case, as makes the person self supporting,

provided that if there are compassionate grounds for so doing, the Minister may on the application of the local authority as respects a person who apart from this paragraph would be such a child direct that notwithstanding this paragraph the person shall, with effect from such date as is specified in the direction, be regarded as being such a child and in case the Minister makes a direction under this paragraph then for so long as the direction is in force this Scheme shall, as regards the person to whom the direction relates, be construed and have effect in accordance with the direction.

(5) ( a ) In determining "the deceased's pension" by reference to paragraph (c), (e) or (f) of the definition of "the deceased's pension" account shall not be taken of any period of pensionable local service which an officer would have had from the date of his retirement if he had served to age 65 where any such period is reckoned under any other Scheme or Act for the provision of widows' or children's pensions by a body service in which is capable of being reckoned for the purposes of the Act of 1956 or the Revision Scheme of 1984.

( b ) Contributions paid by an officer in respect of a period referred to in paragraph (a) shall be returned by the local authority to his legal personal representative.

( c ) Where, subsequent to the date on which a member ceases to be a contributing member, the pension payable to him falls to be increased otherwise than in accordance with the Pensions (Increase) Act, 1964 (No. 10 of 1964), and regulations thereunder, or would, were he alive, fall to be so increased from a particular date, such increase shall be taken into account for the purpose of determining the deceased's pension in accordance with the definition of "the deceased's pension" in sub-article (1) from such date or from the date of commencement of payment of a widow's pensionor children's pension in respect of him under this Scheme, whichever is the later.

(6) ( a ) Any reference in this Scheme to an adopted child of a member shall be construed as a reference to a child adopted by him (whether alone or jointly with any other person) either in pursuance of an adoption order or in accordance with the law of a country or territory other than the State and recognised by the law of the State as valid, and references to lawfully adopted or to a person by whom another person has been adopted shall be construed accordingly.

( b ) Where a married member applies, before the termination of his contributing membership, for an adoption order in respect of a child and dies before the adoption procedure is completed and the child is subsequently adopted by the member's widow, the child shall, from the date on which the member has custody of him, be deemed, for the purposes of this Scheme, to be the member's duly adopted child.

(7) In this Scheme, with effect from the 10th day of January, 1984 and except in sub-articles (5), (6) and (7) of article 4, every word importing the feminine gender shall be construed as if it also imported the masculine gender and references to a widow shall be construed as including reference to a widower.

(8) For the avoidance of doubt it is hereby declared that section 11 (b) of the Interpretation Act, 1937 (No. 38 of 1937) neither applies nor has effect in relation to sub-articles (2), (3) and (4) of article 4 of this Scheme.

4 Members.

4. (1) In this article—

"option" means an option not to join this Scheme;

(2) A male person who becomes a pensionable officer on or after the 1st day of January, 1970 and a male person who becomes a registered officer by virtue of article 4 or 15 of the Revision Scheme of 1984 is a member of this Scheme.

(3) ( a ) A male person who, having been a pensionable officer at any time between the 23rd day of July, 1968 and the 31st day of December, 1969,

(i) either between the said 23rd day of July, 1968 and the 31st day of December, 1969 elected in writing to join this Scheme or did not exercise an option, or

(ii) notwithstanding the exercise of an option by him during the period referred to in subparagraph (i), elected in writing during the period beginning on the 1st day of January, 1970 and ending on the 31st day of December, 1971 that he should be regarded as joining this Scheme,

is a member of this Scheme with effect from the 23rd day of July, 1968 or from the date he became a pensionable officer, whichever is the later.

( b ) An option or an election in writing referred to in paragraph (a) exercised by the widow or legal personal representative of a person shall be regarded as an exercise by that person.

(4) A male person who became a registered officer under articles 13 (1) or (2) of the Revision Scheme of 1984 and who was a member of this Scheme immediately before becoming such registered officer shall continue to be a member of this Scheme.

(5) A female person who becomes a registered officer on or after the 1st day of October, 1984, is a member of this Scheme.

(6) ( a ) A female person who, having been a registered officer at any time between the 10th day of January, 1984 and the 30th day of September, 1984 elects in writing during that period to join this Scheme is a member of this Scheme with effect from the 10th day of January, 1984 or from the date she became a registered officer, whichever is the later.

( b ) An election in writing referred to in paragraph (a) exercised by the widower or legal personal representative of a person shall be regarded as an election by that person.

(7) ( a ) Subject to article 22, a female person who, having been a pensionable officer at any time between the 10th day of January, 1984 and the 30th day of September, 1984 elects in writing during that period to join this Scheme, is a member of this Scheme with effect from the 10th day of January, 1984.

( b ) An election in writing referred to in paragraph (a) exercised by the widower or legal personal representative of a person shall be regarded as an election by the person.

(8) A person shall cease to be a member of this Scheme,

( a ) on ceasing to be a pensionable officer unless he immediately becomes a registered officer, or

( b ) on ceasing to be a registered officer.

5 Power to grant Widow's and Children's pensions.

5. (1) Subject to sub-articles (2) and (3), a local authority shall, on the death of a contributing or former member or of a person whose wife died while he was a contributing member (in this Scheme referred to as "the deceased") to whom or in respect of whom a pension, death gratuity, preserved pension or preserved death gratuity, or a short service gratuity (by reason of his having ceased to hold office because of permanent infirmity of mind or body after at least five years' reckonable service) has been, or is, awarded, grant in respect of him—

( a ) where he leaves a widow, a pension to that widow (hereafter in this Scheme referred to as a "widow's pension"), and

( b ) where he had a wife at any time after becoming a member of this Scheme (whether or not the marriage continued until his death and whether or not a widow's pension is, or can be, granted) a pension for the children of the marriage, and, in the circumstances specified in this Scheme, for other children of his (in this Scheme referred to as a "children's pension"),

provided that any marriage of the deceased which takes place after he has ceased to be a contributing member shall not be taken into account for the purposes of this Scheme, and accordingly any reference to a marriage, a wife, the widow or the children of the deceased shall be construed in accordance with the foregoing.

(2) A widow's or children's pension shall not be granted in respect of a period before the 27th day of May, 1977 as respects an officer who retires because of permanent infirmity of mind or body before that date having at least five but less than ten years' reckonable service and in the case of any such officer to whom contributions were returned or by whom contributions were not paid in accordance with article 13 (1) in respect of relevant years, the payment of the widow's pension or children's pension in his respect shall be subject to the proviso that such contributions are repaid or paid, as appropriate,

(3) A widow's or children's pension shall not be granted in respect of an officer who died while he was a contributing member unless the local authority are satisfied that he would, regard being had to section 15 (1) (b) of the Act of 1956, have been granted a pension had he retired on the date he died.

6 Widows' pensions.

6. (1) A widow's pension shall not be granted or paid under this Scheme—

( a ) where the widow was at the time of the death of the member cohabiting with a man other than the deceased as man and wife, or

( b ) in respect of any time after the said death when the widow is remarried or is so cohabiting with any man.

(2) Notwithstanding sub-article (1), where—

( a ) a pension under this Scheme is not granted or ceases under the said sub-article (1), and

( b ) at a date subsequent to the marriage or cohabitation by reason of which the pension was withheld or ceased the relevant local authority, on application received from, or on behalf of, the widow of a member, is satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension, such local authority may, if it thinks fit, and subject to the approval of the Minister, grant or regrant, as may be appropriate, the pension as from,

(i) in case the marriage or cohabitation has come to an end, the date on which the marriage or cohabitation ended,

(ii) in any other case, a date not earlier than the date on which the relevant application is received by the local authority.

(3) ( a ) A widow shall not be eligible for a widow's pension under this Scheme in respect of more than one member; where a widow would, apart from this article, be eligible for a widow's pension in respect of two or more members the widow shall be treated under this Scheme in the way which will give the most favourable result for the widow.

( b ) A widow shall not be eligible for a widow's pension under this Scheme where she is eligible for a more favourable widow's pension under the Pension Schemes of 1984.

(4) Subject to sub-article (1) and to article 5 (2), a widow's pension may be paid for the whole of the period beginning on the death of the deceased and ending with the death of the widow.

(5) The rate of a widow's pension shall be one-half of the rate of the deceased's pension and where the deceased's pension was reduced by virtue of sections 15 (1) (b) and 18 of the Act of 1956, of the deceased's pension as if it had not been so reduced.

(6) Notwithstanding sub-article (5), on the death on or after the 27th day of May, 1977 of a contributing member or former member, other than a former member who qualifies for a preserved pension, the rate of a widow's pension may, in respect of the first month after his death, be increased—

( a ) in case he dies while a contributing member, to one-twelfth of his pensionable remuneration,

( b ) in case he dies after being granted a pension and the rate of pension payable to him on the date of his death is greater than the rate of widow's pension otherwise payable under this Scheme, to one-twelfth of the said rate of pension,

( c ) in case he dies while on sick leave at pension rate of pay and that rate is greater than the rate of widow's pension otherwise payable under this Scheme, to one-twelfth of the said pension rate of pay,

provided that the rate as so increased shall be reduced by the rate of any children's pensions payable under this Scheme and provided also that the amount payable to the widow under this Scheme in respect of the period of one month commencing on the day immediately following that of the deceased's death may be paid at any time on or after the first day of the said period.

7 Children's pensions; beneficiaries.

7. (1) A children's pension may not be granted under this Scheme in respect of a child,

( a ) where the deceased remained unmarried during the period commencing on the 23rd day of July, 1968, or on the date on which this Scheme first applied to him, if later, and ending on the date on which he ceased to be a contributing member, or

( b ) where the child was born more than ten months after the deceased ceased to be a contributing member, or

( c ) where he is the adopted child of the deceased, and

(i) the deceased remained unmarried during the period this Scheme applied to him, or

(ii) the child was adopted by the deceased after

(I) the date of termination of the deceased's last marriage, or

(II) the date on which the deceased ceased to be a contributing member, or

( d ) where he is the step-child of the deceased and the deceased's marriage to the child's mother took place after the deceased's last day of reckonable service.

(2) ( a ) A child shall not be eligible for a children's pension under this Scheme in respect of more than one member; where a child would, apart from this sub-article, be eligible for a children's pension in respect of two or more members, the child shall be treated under this Scheme in the way which will give the most favourable result for the child.

( b ) A child shall not be eligible for a children's pension under this Scheme where he is eligible for a more favourable children's pension under the Pension Schemes of 1984.

8 Children's pensions; rate and mode of payment.

8. (1) A children's pension under this Scheme shall be paid to the relevant member's widow where the eligible children are in her care, and in case any child in respect of whom the pension is payable is not in her care, the part of the pension attributable to that child shall be paid either to the child or to such other person as the relevant local authority may determine. Where children are in the care of several persons the children's pension shall be paid to those persons in such proportions as the local authority may determine.

(2) A children's pension paid to any person shall be so paid for the benefit of the children for whom it is granted.

(3) subject to sub-article (7) and to article 5 (3), a children's pension may be paid in relation to the period or periods subsequent to the date of death of the deceased (or, if later, the date of birth of the child) during which the person remains a child within the meaning of this Scheme.

(4) During the period beginning on the commencement of this Scheme and ending on the 26th day of May, 1977, the rate of children's pension under this Scheme shall be,

( a ) where the deceased leaves no widow or, where he leaves a widow and the widow dies, two-twelfths of the deceased's pension where there is one child plus one-twelfth for each additional child up to a fourth additional child,

( b ) subject to sub-article (6), where the deceased leaves a widow, one-twelfth of the deceased's pension multiplied by the number of children not exceeding six.

(5) As of and from the 27th day of May, 1977, the rate of children's pension under this Scheme shall be,

( a ) where the deceased leaves no widow or, where he leaves a widow and the widow dies, four-twelfths of the deceased's pension where there is one child, or six-twelfths where there are two or more children,

( b ) subject to sub-article (6), where the deceased's widow is surviving, two-twelfths of the deceased's pension multiplied by the number of children not exceeding three.

(6) ( a ) Where the children of the deceased are at the time of, or at any time after, his death in the care of some person other than his widow, the Minister may, on application from the relevant local authority, and if he thinks fit, direct that for so long as they are in such care sub-article (4) (a) or (5) (a) or both of those sub-articles shall apply notwithstanding that the widow is still alive, and in case the Minister so directs this article shall be construed and shall have effect in accordance with the direction.

( b ) Where some but not all of the children of the deceased are at the time of, or at any time after, his death in the care of a person other than his widow, the rate of that portion of the children's pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rates specified in sub-articles (4) (a) and (5) (a) or either of those subarticles, as appropriate, provided that the amount of children's pension payable in respect of a deceased shall not exceed one-half of the rate of the deceased's pension.

(7) Notwithstanding the foregoing provisions of this article, where the deceased leaves a widow and no widow's pension is granted to her under this Scheme, or, if one is so granted to her and it ceases to be paid before her death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time of the widow or within the time in respect of which no widow's pension is payable, as may be approrpiate, unless on application from the relevant local authority the Minister in his absolute discretion directs that such a pension shall be so payable, and in case the Minister gives a direction under this sub-article he may, on such application from the local authority, further direct that sub-article (6) shall apply as respects any such period.

9 Periodic Contributions.

9. (1) A member of this Scheme, being a pensionable officer or a registered officer of a local authority, shall, with effect from the 1st day of January, 1969, or the date of becoming a member, if later, contribute to such local authority at the rate of one and one-half per cent. of

( a ) his annual rate of salary, and

( b ) the annual value of his emoluments,

subject to the proviso that there shall be no contributions in respect of a period in respect of which he had neither salary nor emoluments.

(2) The contribution referred to in sub-article (1) shall be paid at such times and in such manner as the relevant local authority may determine until he ceases to be a contributing member.

(3) Contributions payable under this article are in this Scheme referred to as "periodic contributions".

(4) Periodic contributions shall not be payable under this Scheme by a member for any period which does not constitute pensionable local service.

(5) The provisions of section 23 (3) of the Act of 1956 shall apply to contributions paid under this article as if they were contributions paid under the said section 23.

10 Return of Contributions.

10. (1) Where a member,

( a ) ceases to be a contributing member and was unmarried at all times during his membership of this Scheme, or

( b ) on ceasing to be a contributing member otherwise than on death, having been married at any time during the period during which this Scheme applied to him, either—

(i) is not eligible for the grant of a pension and lump sum, or a preserved pension and preserved lump sum, or

(ii) having retired because of permanent infirmity of mind or body before the 27th day of May, 1977, or, being a pensionable officer, on or after the 27th day of May, 1977, and having given at least five and less than ten years' reckonable service is not awarded a short service gratuity,

and he does not accept any other position service in which is capable of being reckoned under the Act of 1956 or the Revision Scheme of 1984, or, if he does so accept such a position or subsequent such positions, either a widows' and orphans' pension scheme reciprocal generally with this Scheme does not apply to him or where such a scheme does apply to him but he dies with less than the minimum service to qualify for benefit thereunder or he ceases to hold such a position in corresponding circumstances to the circumstances described in paragraphs (a) and (b) and does not accept any other position service in which is capable of being reckoned under the Act of 1956 or the Revision Scheme of 1984 where a widows' and orphans' pension scheme reciprocal generally with this Scheme applies to him, or

( c ) having been married at any time during the period, or for a portion of the period, during which this Scheme applied to him, ceases prior to the 1st day of June, 1973 to be a contributing member due to death and had less than five years' reckonable service,

then the local authority with which he was in employment before such cesser shall return to him, or to his legal personal representative, the aggregate amount of the contributions which he paid under articles 9 and 13 (5) together with corresponding contributions, if any, which he paid in respect of service which is capable of being reckoned under the Act of 1956 or the Revision Scheme of 1984, and which have not otherwise been returned.

(2) In any case other than a case mentioned in sub-article (1), the local authority shall return to a member on his ceasing to be a contributing member, or if his membership ceases due to death, to his legal personal representative, such part of his initial and immediately subsequent contributions, or in the case referred to in paragraph (c), such part of his final and immediately preceding contributions as is in each case necessary to secure that the period in respect of which contributions are paid by him without being returned,

( a ) does not exceed forty years, and

( b ) is, in case he is a pensionable officer at date of cesser, an exact number of years, and

( c ) if he is unmarried when he ceases to be a contributing member, does not exceed a period equal—

(i) where he is an officer to whom an addition to service is applicable pursuant to section 13 (2) (a) of the Act of 1956—to his pensionable local service at the date of his wife's death together with that part of the said addition to service as may be obtained by the formula A/B x C where

A equals his pensionable local service at the date of his wife's death,

B equals his pensionable local service at date of cesser of office,

C equals the addition applicable to his service at date of cesser of his office pursuant to section 13 (2) (a) of the Act of 1956,

(ii) in any other case — to his pensionable local service at the date of his wife's death.

(3) Where a married member retires because of permanent infirmity of mind or body and his wife subsequently dies before he attains the age of sixty-five years, contributions paid in respect of a period in excess of the period referred to in sub-article (2) (c) shall be returned by the local authority to him, or in case he has also died, to his legal personal representative.

(4) Where any contributions are returned under this article they shall be returned without interest.

(5) Where a local authority return contributions under this article and the amount returned includes a sum for contributions made by the officer in question in respect of service which is capable of being reckoned under the Act of 1956 or the Revision Scheme of 1984 and held by any other body, that body shall, subject to article 20, recoup such sum to the local authority.

(6) Where a body, service under which is capable of being reckoned under the Act of 1956 or under the Revision Scheme of 1984, returns contributions made under this article and the amount returned includes a sum for contributions held by any local authority, that local authority shall, subject to article 20, recoup such sum to the body.

11 Repayment of Contributions.

11. (1) Where contributions are returned by a local authority to a person under article 10, and

( a ) he subsequently becomes a member of this Scheme, or

( b ) he subsequently becomes a member of a scheme granting pension rights which are reciprocal generally with this Scheme being a person who is employed in a position service in which is capable of being reckoned under the Act of 1956 or under the Revision Scheme of 1984,

he shall be entitled to repay such contributions to the local authority together with an additional sum calculated on a basis to be determined by the Minister in respect of compound interest, and if he does repay the said amount and any other body recouped any part of it, the local authority shall, subject to article 20, make the appropriate repayment to the other body.

(2) The provisions of section 25 (4) of the Act of 1956 shall apply to contributions returned under this article.

12 Former members becoming contributing members.

12. (1) Where a former member becomes a contributing member of this Scheme any prospective entitlement to widow's pension or children's pension under this Scheme in respect of his previous membership or under any of the Pension Schemes of 1984 shall be disregarded.

(2) Where a person, on becoming a contributing member of this Scheme, had at any time previously been a member of this Scheme or had been a member of the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 and had paid periodic contributions under either of the said Schemes the period in respect of which he paid such periodic contributions shall be excluded in determining the number of relevant years under article 13 (10) where,

( a ) no return of contributions is, or was, made, or

( b ) such contributions, having been returned, are repaid in accordance with article 11.

(3) Where a person to whom sub-article (1) applies became a former member by retiring on pension the contribution payable under article 13 (2) at the termination of his final period of contributing membership shall be reduced by the amount of the contribution paid under that article or under article 13 (2) of the Local Government Employees (Widows and Orphans Contributory Pension) Scheme, 1984 when he became a former member, no return of that contribution having been made.

13 Non-periodic contributions.

13. (1) Where a member was married at any time during the period during which this Scheme applied to him and he either,

( a ) ceases to be a contributing member before the 1st day of June, 1973, and such cesser is due to,

(i) death or retirement because of permanent infirmity of mind or body in either case after at least five years of reckonable service, or

(ii) retirement on pension, or

( b ) ceases to be such member after the 1st day of June, 1973 and before the 27th day of May, 1977, and such cesser is due to,

(i) death, or

(ii) retirement because of permanent infirmity of mind or body after at least five years of reckonable service, or

(iii) retirement on pension, or

( c ) ceases to be such member on or after the 27th day of May, 1977, and such cesser is due to,

(i) death, or

(ii) retirement because of permanent infirmity of mind or body after at least five years of reckonable service, or

(iii) retirement on pension or resignation with entitlement to a preserved pension,

then, unless the periodic contributions fall to be returned under article 10 (1), or unless the number of relevant years is nil, a contribution under this article will be payable by way of reduction in the amount of a member's lump sum or death gratuity or short service gratuity or preserved lump sum or preserved death gratuity, or in such other manner as the local authority may require.

(2) A contribution under this article shall be equal to one per cent. of the member's pensionable remuneration multiplied by the number of relevant years.

(3) Where the contribution is being deducted from a preserved lump sum or preserved death gratuity, the contribution will be calculated by reference to the pensionable remuneration, as increased under the Pensions (Increase) Act, 1964 (No. 10 of 1964), if appropriate, on which the preserved lump sum or preserved death gratuity was based.

(4) Where, subsequent to the date on which a member ceases to be a contributing member, the pension payable to him or to his widow (but not the lump sum, death gratuity or short service gratuity) falls to be increased otherwise than in accordance with the Pensions (Increase) Act, 1964 , and regulations thereunder, the local authority may adjust the amount of the contribution under this article to take account of the increase.

(5) At the discretion of the local authority and subject to conditions specified by the Minister, a member may elect to pay to such local authority over a period of twelve months beginning on a date specified by the Minister, being a date not earlier than the date of the election, additional contributions equal in each case to the amount of the periodic contributions payable in respect of that period and in case one or more such additional contributions are made, this article shall apply to the person by whom the contribution or contributions is or are made subject to the following modification, namely, in calculating what is the number of relevant years that number shall be reduced by one for every contribution made by the person under this sub-article.

(6) ( a ) For the purposes of this Scheme any period by which the number of relevant years is reduced on account of payment of contributions under sub-article (5) shall be regarded as having been served with the local authority to which such contributions were paid.

( b ) The provisions of section 23 (3) of the Act of 1956 shall apply to contributions paid under sub-article (5).

(7) Service in excess of forty years shall be disregarded for the purpose of this article.

(8) Where a member to whom this article applies gave service otherwise than as a pensionable officer or a registered officer but which is capable of being reckoned under the Act of 1956 or the Revision Scheme of 1984, any portion of that service during which he paid periodic contributions under a scheme which is reciprocal generally with this Scheme may, provided those contributions were not returned to him, or, having been returned, are repaid by him, be excluded in determining the number of relevant years under this article.

(9) Any reduction effected under this article in the amount of any lump sum shall be left out of account for the purposes of section 21 of the Act of 1956, and, accordingly, the question whether any and, if so, what gratuity may be granted under that section shall be determined as if no such reduction as aforesaid had been or had to be made.

(10) In this article "the number of relevant years" means—

( a ) in the case of a member who, being then married, ceases to be a contributing member before the 1st day of June, 1973,

(i) where such cesser was caused otherwise than by death, the number of years of service which he then had, any fraction of a year being disregarded,

(ii) where, having at least five years' reckonable service, such cesser was due to death, the number of years of service which he would have had if he had served to age 65, any fraction of a year being disregarded,

reduced in each case by the number of years, if any, for which periodic contributions have been paid by him and are not returnable;

( b ) in the case of a member who, being then married, ceases to be a contributing member on or after the 1st day of June, 1973 and before the 27th day of May, 1977,

(i) where such cesser was caused otherwise than by death, the number of years of service which he then had, any fraction of a year being disregarded,

(ii) where such cesser was due to death, the number of years of service which he would have had if he had served to age 65, any fraction of a year being disregarded,

reduced in each case by the years, if any, for which periodic contributions have been paid by him and are not returnable;

( c ) in the case of a member who, being then unmarried, ceases to be a contributing member before the 27th day of May, 1977, and in the case of a member who is a pensionable officer and who, being then unmarried, ceases to be a contributing member on or after the 27th day of May, 1977,

(i) where he is an officer to whom at cesser of office an addition to service is applicable pursuant to section 13 (2) (a) of the Act of 1956 — the pensionable local service which he had on the date of termination of his last marriage before such cesser together with that part of the said addition to service as may be obtained by the formula A/B x C where—

A equals his pensionable local service at the date of the termination of the said marriage,

B equals his pensionable local service at the date of cesser of his office,

C equals the addition applicable to his service at the date of cesser of his office pursuant to section 13 (2) (a) of the Act of 1956,

any fraction of a year being disregarded,

(ii) in any other case — the number of years of pensionable local service which he had on the date of termination of his last marriage before such cesser, any fraction of a year being disregarded,

reduced in each case by the number of years, if any, for which periodic contributions have been paid by him and are not returnable;

( d ) in the case of a member who is a pensionable officer who, being then married, ceases to be a contributing member on or after the 27th day of May, 1977,

(i) where such cesser is caused otherwise than by death or retirement because of permanent infirmity of mind or body, the number of years of service which he then had, any fraction of a year being disregarded,

(ii) where such cesser is due to death or retirement because of permanent infirmity of mind or body, the number of years of service which he would have had if he had served to age 65, any fraction of a year being disregarded,

reduced in each case by the number of years, if any, for which periodic contributions have been paid by him and are not returnable;

( e ) in the case of a member who is a registered officer who, being then married, ceases to be a contributing member,

(i) where such cesser is caused otherwise than by death or retirement because of permanent infirmity of mind or body, the number of years (any fraction of a year being taken into account on a pro-rata basis) of service which he then had,

(ii) where such cesser is due to death or retirement because of permanent infirmity of mind or body, the number of years (any fraction of a year being taken into account on a pro-rata basis) of service which he would have had if he had served to age 65,

reduced in each case by the number of years (any fraction of a year being taken into account on a pro-rata basis), if any, for which periodic contributions have been paid by him and are not returnable;

( f ) in the case of a member who is a registered officer and who, being then unmarried, ceases to be a contributing member,

(i) where he is an officer to whom at cesser of office an addition to service is applicable pursuant to section 13 (2) (a) of the Act of 1956 — the number of years (any fraction of a year being taken into account on a pro-rata basis) of pensionable local service which he had on the date of termination of his last marriage before such cesser together with the part of the said addition to service as may be obtained by the formula A/B x C where—

A equals his pensionable local service at the date of the termination of the said marriage,

B equals his pensionable local service at the date of cesser of his office,

C equals the addition applicable to his service at the date of cesser of his office pursuant to section 13 (2) (a) of the Act of 1956,

(ii) in any other case — the number of years (any fraction of a year being taken into account on a pro-rata basis) of pensionable local service which he had on the date of termination of his last marriage before such cesser,

reduced in each case by the number of years (any fraction of a year being taken into account on a pro-rata basis), if any, for which periodic contributions have been paid by him and are not returnable.

14 Allocations under the Act of 1956 not to affect rights under Scheme.

14. The fact that section 51 of the Act of 1956 (which enables the partial allocation of pensions to wives and dependants) applies to a member shall not affect his rights under this Scheme and the pension payable under this Scheme in respect of the service of a member shall be calculated as if any surrender under the said section 51 had not been made.

15 Provisions affecting section 52 of the Act of 1956.

15. A widow's or children's pension granted in respect of a man in respect of whom an allowance is payable under section 52 of the Act of 1956 shall be taken into account for the purposes of determining the amount of the said allowance under section 52 and such allowance together with any widow's or children's pension shall not exceed five-sixths of the remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of the position in which he received the injury.

16 Marriages of members whose early death is to be foreseen

16. Where a member marries and—

( a ) he dies within the year beginning on the date of the marriage, and

( b ) there are no children born of the marriage, and

( c ) the local authority is of the opinion that his death within the year beginning with the date of the marriage was, at that date, to be foreseen by him or his wife,

for the purposes of this Scheme the marriage may be regarded by the local authority as not having taken place, and in case the marriage is so regarded all necessary adjustments (including, if need be, repayment to the local authority of sums paid in respect of pensions already granted under this Scheme and returns of contributions made under this Scheme) shall be made accordingly.

17 Giving of information.

17. (1) A member of this Scheme shall give to the local authority such information as is necessary for the proper operation of this Scheme in relation to the member.

(2) The widow of a deceased member shall give to the local authority such information as is necessary for the proper operation of this Scheme in relation to her or any children of that member.

(3) The legal personal representative of a deceased member shall give to the local authority such information as is necessary for the proper operation of this Scheme in relation to the widow or any children of that member.

(4) A person having the care of a child of a deceased member shall give to the local authority such information as is necessary for the proper operation of this Scheme in relation to that child.

(5) Payment of pension under this Scheme shall be subject to the making by the widow, or where children's pension is not payable to the widow, the person having the care of the children in question, of such declaration as the local authority consider necessary, and a person to whom any such payment may be made shall not be entitled to receive such payment if he fails to make any such declaration.

18 Repayment of pensions overpaid.

18. Where at any time a person receives payments on foot of a pension and such person is not entitled under this Scheme to such payments, or if a person receives payments on foot of a pension which exceed those which are appropriate under this Scheme, such person or, in case such a person is dead, the legal personal representative of such person, shall pay to the local authority on demand such payments or excess payments, as may be appropriate, and such payments or excess payments shall in default of payment be recoverable by the local authority as a simple contract debt in any court of competent jurisdiction.

19 Pensions to be inalienable.

19. Every assignment of or charge on, and every agreement to assign or charge, a pension payable under this Scheme shall be void and on the bankruptcy of any person entitled to a pension the pension shall not pass to any trustee or other person acting on behalf of the creditors.

20 Application of certain provisions of the Act of 1956 to this Scheme.

20. Sections 55, 56, 57, 58, 59 and 66 of the Act of 1956 shall apply to this Scheme provided that any period reckoned for which contributions were paid under article 13 shall be regarded as having been served with the local authority to which such contributions were paid.

21 Non-application of certain provisions of the Act of 1956 to members of this Scheme.

21. Notwithstanding the giving of notice by a person as provided for in section 28 (10) of the Act of 1956, the provisions of section 28 (11) of that Act shall not apply to a person who becomes a member of this Scheme.

22 Application of the Revision Scheme of 1984 to certain members of this Scheme

22. ( a ) The Revision Scheme of 1984 shall apply to a female officer who pursuant to article 4 (7) elects to become a member of this Scheme notwithstanding the non-exercise by any such officer of an option for the said Revision Scheme which she was entitled to exercise under article 13 of that Scheme.

( b ) The Revision Scheme of 1984 shall apply to a female officer to whom such Scheme applies solely by virtue of paragraph (a) as if she had exercised the option referred to under article 13 of that Scheme.

23 Application of this Scheme to officers pensionable under Part VIII of the Mental Treatment Act, 1945 .

23. (1) The provisions of this Scheme shall also apply to officers to whom the superannuation provisions of Part VIII of the Mental Treatment Act, 1945 apply as if they were pensionable officers, and for this purpose

( a ) the following terms in article 3 shall have the meaning assigned to them herewith:

"contributing member" shall mean a member who is serving as an officer of a local authority to whom Part VIII of the Act of 1945 applies;

"death gratuity" shall mean a payment under section 70 of the Act of 1945;

"emolument" shall have the meaning assigned to it in section 63 of the Act of 1945;

"lump sum" shall mean a lump sum under section 66, 67, 68, 69, 71, 72 or 74, as appropriate, of the Act of 1945;

"pension" shall mean an allowance under section 66, 67, 68, 69" 71, 72 or 74, as appropriate of the Act of 1945;

"pensionable local service" shall mean service which is reckonable under section 82 of the Act of 1945 together with, in the case of an officer whose name is entered in a register maintained under section 65 of the Act of 1945 and whose service under section 82 amounts to twenty-one or more completed years the number of such years in excess of twenty;

"pensionable remuneration" shall mean the yearly salary of an officer for the purposes of section 63 (3) of the Act of 1945;

"reckonable service" shall mean service which is reckonable under section 82 of the Act of 1945;

"salary" shall have the meaning assigned to it in section 63 (1) of the Act of 1945;

"short service gratuity" shall mean a lump sum under section 71 of the Act of 1945:

"permanent infirmity of mind or body" where occurring in articles 5, 10 and 13, shall include permanent incapacity which is certified for the purposes of section 67, 69, 71 or 74 of the Act of 1945; and

( b ) the following article shall be substituted for article 20:—

"Sections 89 (4), 90 and 92 of the Act of 1945 shall apply to this Scheme in relation to officers to whom Part VIII of the Act of 1945 applies provided that any period reckoned for which contributions were paid under article 13 shall be regarded as having been served with the local authority to which such contributions were paid.".

GIVEN under the Official Seal of the Minister for the Environment this 4th day of

December, 1984.

LIAM KAVANAGH,

Minister for the Environment.

The Minister for the Public Service hereby consents to the making of this Scheme.

GIVEN under the Official Seal of the Minister for the Public Service this 4th day

of December, 1984.

JOHN BOLAND,

Minister for the Public Service.

EXPLANATORY NOTE.

This Scheme provides pensions for the widows and children of certain male officers of local authorities serving in a pensionable capacity on or after 23rd July, 1968 and for the widowers and children of certain female officers of local authorities serving in a pensionable capacity on or after 10th January, 1984.