S.I. No. 674/2006 - Local Authority Members (Gratuity) (Amendment) Regulations, 2006

S.I. No. 674 of 2006

LOCAL AUTHORITY MEMBERS (GRATUITY) (AMENDMENT) REGULATIONS, 2006

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, 2006.

Interpretation.

2.        (1)        In these Regulations -

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

“the Second Amendment Regulations” means the Local Authority Members (Gratuity) (Amendment) Regulations, 2003 ( S.I. No. 302 of 2003 ).

Amendment of Article 4 of the Principal Regulations.

3.        Article 4 of the Principal Regulations, as amended by article 4 of the Second Amendment Regulations, is hereby further amended -

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

“(1)    Subject to sub-article (3), where a person ceases to be a member on or after the date of the making of these Regulations having not less than 3 years' qualifying service or, as respects a person who ceases to be a member on or after the date of the making of the Local Authority Members (Gratuity) (Amendment) Regulations, 2006, 2 years' qualifying service, the appropriate local authority shall grant to him or her (or, in the case of his or her death, to his or her legal personal representative) a gratuity in any of the specified circumstances in sub-article (2).”;

(b)        by the substitution of the following paragraph for paragraph (c) of sub-article (2) thereof:

“(c)    where the person dies while a member and, as respects any such person who dies before the date of the making of the Local Authority Members (Gratuity) (Amendment) Regulations, 2006, 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,”; and

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

“(3)    Notwithstanding sub-article (1), a gratuity may be granted to the legal personal representative of a person who on or after the date of the making of the Local Authority Members (Gratuity) (Amendment) Regulations, 2006 dies while a member with less than the minimum number of years' qualifying service specified therein.”.

Amendment of Article 5 of the Principal Regulations.

4.        Article 5 of the Principal Regulations, as amended by article 5 of the Second Amendment Regulations, is hereby further amended -

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

“(a)    Subject to sub-article (2), 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 -

(i)     as respects a gratuity granted during the period beginning on the date of the making of these Regulations and ending on the date of the making of the Local Authority Members (Gratuity (Amendment) Regulations, 2006 -

(ii)     as respects a gratuity granted during any subsequent period -

(b)        by the substitution of the following sub-article for sub-article (2) thereof:

“(2)    Where a gratuity is granted pursuant to article 4(2)(c), in determining the gratuity the provisions of article 3 shall apply as if the person had ceased to be a member by reason of permanent infirmity of mind or body on the date of his or her death. In addition, the minimum gratuity granted in any case where the death of the member occurs on or after the date of the making of the Local Authority Members (Gratuity) (Amendment) Regulations, 2006 shall be equal to the applicable annual rate payable by virtue of article 6(1) and (3) of the 2001 Regulations on the date of death of the member.”; and

(c)        by the substitution of “this article” for “sub-article (1)” in sub-article (3) thereof.

Amendment of Article 6 of the Principal Regulations.

5.         Article 6 of the Principal Regulations, as amended by article 6 of the Second Amendment Regulations, is hereby further amended 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, or, as respects a person who so ceases to be a member on or after the date of the making of the Local Authority Members (Gratuity) (Amendment) Regulations, 2006, 2 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.”.

Amendment of Article 7 of the Principal Regulations.

6.        Article 7 of the Principal Regulations is hereby amended by the substitution of the following sub-article for sub-article (1) thereof:

“(1)      Where a person who -

(a)    was granted a gratuity pursuant to article 4, and

(b)    subsequently becomes a member,

ceases, having not less than 3 years' qualifying service or, as respects a person who ceases to be a member on or after the date of the making of the Local Authority Members (Gratuity) (Amendment) Regulations, 2006, 2 years' qualifying service, in respect of such subsequent membership, to be a member in any of the circumstances specified in sub-article (2) of that article, the appropriate local authority shall grant to him or her (or, in the case of his or her death, to his or her legal personal representative) a gratuity in respect of his or her subsequent period of membership, subject to the proviso that the number of years of qualifying service which the person had at the time the original gratuity was granted, together with any period added to such qualifying service pursuant to article 3, was less than 20 years.”.

The Minister for Finance hereby consents to the Local Authority Members (Gratuity) (Amendment) Regulations, 2006.

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.