S.I. No. 302/2003 - Local Authority Members (Gratuity) (Amendment) Regulations, 2003

The Minister for the Environment, Heritage and Local Government, in exercise of the power conferred on him by Sections 4 and 142 of the Local Government Act, 2001 (No. 37 of 2001) with the consent of the Minister for Finance, hereby makes the following regulations:

Short Title.

1.     These Regulations may be cited as the Local Authority Members (Gratuity) (Amendment) Regulations, 2003.

Interpretation.

2.     In these Regulations -

“the Principal Regulations” means the Local Authority Members (Gratuity) Regulations, 2002 ( S.I. No. 281 of 2002 );

“the First Amendment Regulations” means the Local Authority Members (Gratuity) (Amendment) Regulations, 2002 ( S.I. No. 378 of 2002 ).

Amendment of Article 2 of the Principal Regulations.

3.     Article 2 of the Principal Regulations, as amended by article 3 of the First Amendment Regulations, is hereby further amended by the substitution of the following definition for the definition of “qualifying service” contained therein:

‘ “qualifying service” means service given as a member of the local authority, or any other local authority, on or after the 4^th day of May 2000, subject to the provisos that —

(a)    where a period of qualifying service of a person as a member of a local authority is concurrent with a period of qualifying service by him or her as a member of another local authority, only one such period shall be reckoned, which shall be the period which produces the more favourable result for him or her, and

(b)    in the case of a person —

(i)      who is a member of Dáil éireann or Seanad éireann, and

(ii)      who ceases to be a member of the local authority and, where applicable, any other local authority within the period commencing on the 4^th day of May, 2003 and ending on the 30^th day of September, 2003,

it shall include service which he or she would have given had he or she continued to be such a member of the local authority and where applicable, any other local authority up to and including the next ordinary day of retirement of members of the local authority or local authorities of which he or she is a member after the enactment of the Local Government (No. 2) Act, 2003; ’.

Amendment of Article 4 of the Principal Regulations.

4.     Article 4 of the Principal Regulations is hereby amended by the substitution of the following sub-article for sub-article (2) thereof:

“(2)  The specified circumstances specified in sub-article (1) are as follows:

(a)    where the person has attained the age of 50 years,

(b)    where the person ceases to be a member on account of his or her having become incapable of performing his or duties as a member by reason of permanent infirmity of mind or body,

(c)    where the person dies while a member and a gratuity would have been granted to him or her if he or she had ceased to be a member by reason of permanent infirmity of mind or body on the date of his or her death,

(d)    where the person is a member of Dáil éireann or Seanad éireann and ceases to be a member of the local authority and, where applicable, any other local authority within the period commencing on the 4^th day of May, 2003 and ending on the next ordinary day of retirement of members of the local authority or local authorities of which he or she is a member after the enactment of the Local Government (No. 2) Act, 2003 .”.

Amendment of Article 5 of the Principal Regulations.

5.     Article 5 of the Principal Regulations is hereby amended by the substitution of the following sub-article for sub-article (1) thereof:

“(1)  (a)    The amount of the gratuity to be granted pursuant to article 4 to a person, other than a person referred to in paragraph (b), shall be determined as —

(b)    The amount of the gratuity to be granted pursuant to article 4 to a person who -

(i)       is a member of Dáil éireann or Seanad éireann, and

(ii)       ceases to be a member of the local authority and where applicable, any other local authority within the period commencing on the 4^th day of May, 2003 and ending on the 30^th day of September, 2003,

shall be determined as —

(c)    In this sub-article -

A       is the applicable annual rate payable by virtue of article 6(1) and (3) of the 2001 Regulations on the date he or she ceased to be a member, and

B       is the number of years of his or her gratuity service.”.

Amendment of Article 6 of the Principal Regulations.

6.     Article 6 of the Principal Regulations is here by amended -

(a)    by the substitution of the following sub-article for sub-article (1 thereof:

“(1)  Where a person ceases to be a member before he or she has attained the age of 50 years, other than in circumstances where the provisions of paragraph (b), (c) or (d) of article 4(2) apply, and he or she has at that time not less than 3 years' qualifying service, the appropriate local authority shall grant to him or her (or, in the case of his or her death before attaining the age of 50 years, to his or her legal personal representative) a preserved gratuity with effect from the date he or she attains the age of 50 years or, if earlier, the date of his or her death.”,

(b)    by the addition of the following sub-article thereto:

“(4) A preserved gratuity determined under article 5 and sub-article (2) shall be payable by the appropriate local authority as soon as is practicable following —

(a)      the date the person attains the age of 50 years, or

(b)      in the case of his or her death before attaining the age of 50 years, the date of death,

subject to the proviso that, where the preserved gratuity is payable pursuant to paragraph (b), it shall not be paid until such time as probate or other proof of title of the legal personal representative of the deceased is furnished to the appropriate local authority.”.

The Minister for Finance hereby consents to the Local Authority Members (Gratuity (Amendment) Regulations, 2003.

EXPLANATORY NOTE

(This note is not a part of the Instrument and does not purport to be a legal interpretation).

These Regulations amend the Local Authority Members (Gratuity) Regulations, 2002.