S.I. No. 290/1993 - Local Government (Superannuation) Act, 1956 (Consolidation) (Managers) Scheme, 1993.

S.I. No. 290 of 1993.

LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1956 (CONSOLIDATION) (MANAGERS) SCHEME, 1993.

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, 1993.

( b ) This Scheme, the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ), the Local Government (Superannuation) Act, 1956 (Consolidation) (Amendment) Scheme, 1990 ( S.I. No. 127 of 1990 ), the Local Government (Superannuation) Act, 1956 (Consolidation) (Managers) Scheme, 1991 ( S.I. No. 340 of 1991 ) and the Local Government (Superannuation) Act, 1956 (Consolidation) (Amendment) Scheme, 1992 ( S.I. No. 292 of 1992 ) shall be construed as one and may be cited together as the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 to 1993.

2 Commencement.

2. This Scheme shall be deemed to have come into force on the 29th day of May, 1991.

3 Interpretation.

3. In this Scheme—

"local authority" means any body to which schemes and regulations made under the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) apply;

"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 );

"registered officer" means a registered officer as defined in the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 );

"the relevant local authority" means,

( a ) the local authority which pays the lump sum, and allowance granted under article 4 (1) (d) of this Scheme where such local authority has not entered into an agreement under articles 56 (8) and 57 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 with the local authority referred to in article 4 (2) of this Scheme, and

( b ) in any other case — the local authority referred to in article 4 (2) of this Scheme.

4 Superannuation.

4. (1) Where pursuant to section 47 of the Local Government Act, 1991 , a manager ceases to hold his office before he has attained the age of 65 years and he is not re-appointed to such office or appointed to any other office of manager pursuant to the provisions of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), as extended by the provisions of the City and County Management (Amendment) Act, 1955 (No. 12 of 1955), or he does not otherwise become a registered officer of a local authority, the following provisions shall apply:

( a ) there shall be added to his pensionable local service a period not exceeding—

(i) if his pensionable local service is 20 years or more — ten years, and

(ii) if his pensionable local service is less than 20 years and not less than ten years — half that service,

subject to the provisos—

(I) that a period shall not be added so as to make his service greater than 40 years,

(II) that his pensionable local service, together with the additional period provided for in this paragraph, shall not exceed the pensionable local service which he would have had if he had continued to serve to the age of 65 years, and

(III) that the aggregate of any period added under article 10 (5) of the Principal Scheme and the additional period provided for in this paragraph shall not exceed ten years,

( b ) article 10 (5) (c) of the Principal Scheme shall not apply;

( c ) there shall be granted to him a special severance gratuity amounting to—

(i) one-half of his annual rate of salary at the date of cesser of office, or

(ii) the aggregate of the payments of salary which would have been made to him if he had continued to serve to the age of 65 years,

whichever is the less, and

( d ) there shall be granted to him a lump sum and allowance with effect from the date he ceases to hold his office, determined in accordance with articles 13 and 14 of the Principal Scheme.

(2) Where a person to whom the provisions of sub-article (1) of this article are applied subsequently becomes a registered officer of a local authority—

( a ) the allowance granted to him shall cease to be paid with effect from the date he becomes such registered officer,

( b ) on or prior to becoming such registered officer there shall be repayable by him to the relevant local authority the amount determined by the formula,

A is the sum of the special severance gratuity granted to him under sub-article (1) (c) of this article and the lump sum granted to him under sub-article (1) (d) of this article,

B is the pensionable remuneration which would have applied to him if he had ceased to hold his office on the date he becomes such registered officer, and

C is the pensionable remuneration which applied to him on the date he ceased to hold his office, and

( c ) for the purposes of article 6 (1) (b) of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 such person shall not be regarded as having received a lump sum and allowance.

GIVEN under the Official Seal of the Minister for the Environment, this 8th day

of October, 1993.

MICHAEL SMITH,

Minister for the Environment.

The Minister for Finance hereby consents to the Local Government (Superannuation) Act, 1956 (Consolidation) (Managers) Scheme, 1993.

GIVEN under the Official Seal of the Minister for Finance, this 8th day of October, 1993.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

This Scheme provides for early retirement benefits for those managers who cease to hold office pursuant to section 47 of the Local Government Act, 1991 .