S.I. No. 340/1991 - Local Government (Superannuation) Act, 1956 (Consolidation) (Managers) Scheme, 1991.

S.I. No. 340 of 1991.

LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1956 (CONSOLIDATION) (MANAGERS) SCHEME, 1991.

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 Finance, hereby makes the following Scheme:

1 Short Title.

1. ( a ) This Scheme may be cited as the Local Government (Superannuation) Act, 1956 (Consolidation) (Managers) Scheme, 1991.

( b ) This Scheme, the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ) and the Local Government (Superannuation) Act, 1956 (Consolidation) (Amendment) Scheme, 1990 ( S.I. No. 127 of 1990 ) shall be construed as one and may be cited together as the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 to 1991.

2 Commencement.

2. This Scheme shall be deemed to have come into force on the 1st day of December, 1991.

3 Interpretation.

3. In this Scheme—

"local authority" means a local authority as defined in article 3 of the Principal Scheme;

"manager" means a manager as defined in section 2 of the Local Government Act, 1991 (No. 11 of 1991);

"the Minister" means the Minister for the Environment;

"the Principal Scheme" means the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 );

"superannuation award" means a lump sum, allowance or other gratuity payable on resignation, retirement or death;

"the Widows Scheme" means the Local Government Officers (Widows and Orphans Contributory Pension) Scheme, 1984 ( S.I. No. 321 of 1984 );

4 Superannuation of Managers.

4. (1) ( a ) Notwithstanding articles 12, 17, 18 and 50 of the Principal Scheme and article 5 of the Widows Scheme, the grant of a superannuation award to or in respect of a manager in accordance with the provisions of such schemes shall be a function of the Minister and such superannuation award granted by the Minister shall be paid by the local authority with which the manager was pensionable on the date he ceased to hold his office.

( b ) Notwithstanding article 60 of the Principal Scheme, there shall be no right of appeal under that article against the amount of a superannuation award granted to or in respect of a manager pursuant to paragraph (a) of this sub-article.

(2) In consequence of the provisions of sub-article (1) of this article—

( a ) section 8 (1) (j) of the Cork City Management Act, 1929 (No. 1 of 1929) is hereby amended by the deletion of the words "and the granting of an allowance or gratuity to the Manager on his ceasing to be the Manager",

( b ) section 51 (1) (j) of the Local Government (Dublin) Act, 1930 (No. 27 of 1930) is hereby amended by the deletion of the words "and the granting of an allowance or gratuity to the manager on his ceasing to be the manager",

( c ) section 12 (1) (j) of the Limerick City Management Act, 1934 (No. 35 of 1934) is hereby amended by the deletion of the words "and the granting of an allowance or gratuity to the manager on his ceasing to be the manager",

( d ) section 11(1) (j) of the Waterford City Management Act, 1939 (No. 25 of 1939) is hereby amended by the deletion of the words "and the granting of an allowance or gratuity to the manager on his ceasing to be the manager", and

( e ) paragraph 21 of the Second Schedule to the County Management Act, 1940 (No. 12 of 1940) is hereby deleted.

GIVEN under the Official Seal of the Minister for the Environment this

17th day of December, 1991.

RORY O'HANLON

Minister for the Environment.

The Minister for Finance hereby consents to the Local Government (Superannuation) Act, 1956 (Consolidation) (Managers) Scheme, 1991.

GIVEN under the Official Seal of the Minister for Finance this

17th day of December, 1991.

BERTIE AHERN

Minister for Finance.

EXPLANATORY NOTE.

This Scheme provides for revised arrangements for the superannuation of managers.