S.I. No. 239/1989 - Local Government Employees (Spouses and Childrens Contributory Pension) (Amendment) Scheme, 1989.

S.I. No. 239 of 1989.

LOCAL GOVERNMENT EMPLOYEES (SPOUSES AND CHILDRENS CONTRIBUTORY PENSION) (AMENDMENT) SCHEME, 1989.

The Minister for the Environment, in exercise of the power conferred on him by section 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:

1 Short Title.

1. ( a ) This Scheme may be cited as the Local Government Employees (Spouses and Childrens Contributory Pension) (Amendment) Scheme, 1989.

( b ) This Scheme and the Principal Scheme shall be construed as one and may be cited together as the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986 and 1989.

2 Commencement.

2. This Scheme shall be deemed to have come into force on the 1st day of September, 1984.

3 Interpretation.

3. In this Scheme—

"The Principal Scheme" means the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986 ( S.I. No. 363 of 1986 ).

4 Amendment of the Principal Scheme.

4. The Principal Scheme is hereby amended as follows:—

( a ) by the substitution of the words "articles 23, 24 and 25" for the words "articles 23 and 24" in paragraph ( f ) of the definition of "the deceased's pension" and the definition of "member" in article 3 and in article 5 (1),

( b ) by the insertion of the words "and article 25" after the words "Subject to sub-article (2)" in article 23 (1),

( c ) by the insertion of the words "and article 25" after the words "Subject to sub-article (2)" in article 24 (1), and

( d ) by the addition of the following article:

"Application of this Scheme to spouses of female servants and employees who ceased to hold their employment before 10 January, 1984.

25. (1) Subject to sub-article (2), the provisions of this Scheme shall apply in respect of a female pensionable servant or a female registered employee who, between the 27th day of May, 1977 and the 9th day of January, 1984, either—

( a ) died while serving as a female pensionable servant or a female registered employee, or

( b ) ceased to hold her employment with the grant of a superannuation award and, as respects any such servant or employee who is married and in receipt of an allowance on the 1st day of January, 1990, and election in writing to join this Scheme is exercised by her or her spouse or legal personal representative on or before the 30th day of June, 1990 or, in relation to a female registered employee who was granted a preserved pension and preserved lump sum, at the time application is made for payment of the preserved pension and preserved lump sum or preserved death gratuity, as appropriate.

(2) ( a ) The provisions of articles 9 and 13 shall not apply in relation to a person referred to in sub-article (1) and in lieu thereof a contribution shall be payable under this article in such manner as may be determined by the Minister.

( b ) In applying this Scheme in respect of a female pensionable servant referred to in sub-article (1) the amount of the deceased's pension shall be reduced by one-quarter.

(3) For the purposes of sub-article (1) "superannuation award" shall mean—

( a ) an allowance under article 33 of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987, a lump sum and allowance under article 36 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986, or a preserved pension and preserved lump sum under article 44 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986, or

( b ) a short service gratuity under article 36(2) of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987.".

GIVEN under the Official Seal of the Minister for the Environment

this 4th day of October, 1989.

PADRAIG FLYNN,

Minister for the Environment.

The Minister for Finance hereby consents to the Local Government Employees (Spouses and Childrens Contributory Pension) (Amendment) Scheme, 1989.

GIVEN under the Official Seal of the Minister for Finance this 4th day of October, 1989.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

This Scheme amends the superannuation provisions contained in the Local Government Employees (Spouses and Childrens Contributory Pension) Scheme, 1986 to provide pensions for the spouses and children of certain female employees of local authorities who retired or died between 27 May, 1977 and 9 January, 1984.