Local Government (Superannuation Revision) (Amendment) Scheme, 1985.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Scheme may be cited as the Local Government (Superannuation Revision) (Amendment) Scheme, 1985.
2 Interpretation.
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paragraphs: In this Scheme—
"the Act of 1956" means the Local Government (Superannuation) Act, 1956 (No. 10 of 1956);
"the Revision Scheme of 1984" means the Local Government (Superannuation Revision) Scheme, 1984 ( S.I. No. 33 of 1984 ).
3 Amendment of Article 10 of the Revision Scheme, 1984.
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paragraphs: Sub-article (1) of article 10 of the Revision Scheme of 1984 is hereby amended by the substitution for clause (II) of paragraph (h) of the following clause:
"(II) if the local authority, although not being of opinion that she has served in her office or employment with diligence and fidelity and to their satisfaction, nevertheless decide that, in the special circumstances of the case, she should be granted a reduced gratuity, they shall grant to her a gratuity of an amount equal to the amount that would be appropriate under clause (I) reduced
(A) as respects a person who ceased to be a female registered officer or a female registered employee on or before the 9th day of January, 1984, to such extent, not less than fifty per cent. as they consider proper, and
(B) as respects a person who is a female registered officer or a female registered employee on or after the 10th day of January, 1984,
(i) Where there is a loss of funds to the local authority for which the person is culpable, by such amount,
(ii) in any other case, by such amount as the local authority in the special circumstances of the case consider proper.".
4 Amendment of Article 11 of the Revision Scheme, 1984.
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paragraphs: Article 11 of the Revision Scheme of 1984 is hereby amended as follows:
( a ) by the substitution of the following for sub-article(1):
"(1) Where a registered officer or a registered employee of a local authority having at least five years' pensionable local service has ceased to hold his office or employment other than—
( a ) in such circumstances that benefit under the Act of 1956 or under this Scheme, other than a benefit under this article, arises, or
( b ) on removal from office for misconduct or unfitness or on being discharged from his employment for misconduct or unfitness
and the local authority either are of opinion that in general he has served in his office or in his employment with diligence and fidelity and to their satisfaction, or not being of that opinion they nevertheless decide that, in the special circumstances of his case, he should be granted a reduced preserved pension and reduced preserved lump sum, or if he dies before being granted such pension and lump sum, a preserved death gratuity should be granted in respect of him, they shall, on application by him, grant to him,
(i) in case the officer or employee has ceased to hold his office or employment and the local authority are at any time satisfied that the officer or employee would have ceased to hold his office or employment because of permanent infirmity of mind or body if he had remained in such office or employment after the date he ceased to hold the office or employment, with effect from the date on which the decision is made,
(ii) in any other case — with effect from the date he attains sixty years of age,
or, if he dies before attaining sixty years of age and a decision under subparagraph (i) has not been made in respect of him, they shall grant a preserved death gratuity to his legal personal representative on application by the legal personal representative.";
( b ) by the insertion of the following sub-article after sub-article (1):
"(1A) A preserved pension or a preserved lump sum shall not be paid to a person in a case referred to in subparagraph (i) of sub-article (1) unless the local authority are satisfied that the person is incapable from infirmity of mind or body of discharging the duties of the office or employment which he held and that the infirmity is permanent and unless the person gives to the local authority a certificate of a registered medical practitioner specifying the nature of the infirmity, the extent to which the person is incapacitated and stating the opinion of the registered medical practitioner as to the permanency of the incapacity.";
( c ) by the substitution of the following subparagraphs for subparagraphs (b) (i) and (ii) of sub-article (2):
"(i) in case he is awarded a preserved pension and lump sum pursuant to subparagraph (i) of sub-article (1) — the effective date of such award,
(ii) in case he is awarded a preserved pension and lump sum pursuant to subparagraph (ii) of sub-article (1) — the date he attains sixty years of age, or
(iii) in case he is awarded a preserved death gratuity — the date of his death.";
( d ) by the insertion in paragraphs (a) (i) and (b) of sub-article (3) of the words "or in case such pension is awarded under subparagraph (i) of sub-article (1), prior to the effective date of payment of such pension," between the words "attains sixty years of age" and the word "of";
( e ) by the substitution for sub-article (4) of the following sub-article:
"(4) Where a local authority decide under sub-article (1) that a person shall be granted a reduced preserved pension and a reduced preserved lump sum the following provisions shall apply:
( a ) as respects a person who ceased to hold office or employment on or before the 9th day of January, 1984, the amount of the preserved lump sum and the rate per annum of the preserved pension granted under sub-article (1) shall be reduced below the amount and rate that would be appropriate under sub-articles (3) ( a ) and (3) (b) and to an extent not less than fifty per cent., and
( b ) as respects a person who is a registered officer or a registered employee on or after the 10th day of January, 1984
(i) Where there is a loss of funds to the local authority for which the person is culpable, the amount of the preserved lump sum that would be appropriate under sub-article (3) (b) shall be reduced by such amount, and in addition, where the amount of the loss of funds is greater than the amount of the preserved lump sum, payment of the preserved pension that would be appropriate under sub-article (3) (a) shall be suspended until such time as the total loss is recovered by the local authority,
(ii) in any other case, the preserved lump sum and preserved pension shall be reduced by such amount as the local authority in the special circumstances of the case consider proper,
( c ) Where it is favourable to him, the provisions of subparagraph (b) of sub-article (4) shall be applied in relation to a registered officer or a registered employee who was granted a reduced preserved lump sum and a reduced preserved pension under article 11 of this Scheme and who ceased to hold office or employment on or before the 9th day of January, 1984, with effect from the 10th day of January, 1984, or where it is a case referred to in subparagraph ( b ) (i) of sub-article (4), from a date, not earlier than the 10th day of January, 1984, on which the total loss of funds is recovered by the local authority, for the purpose of determining the rate or preserved pension under the said article 11.";
( f ) by the addition of the following sub-articles after sub-article (7):
"(8) Where a preserved pension is granted to a person in the circumstances described in subparagraph (i) of sub-article (1), the local authority may, at any time after the award of the pension and before the date on which the person attains sixty years of age, review or further review the matter and upon such a review or further review—
( a ) in case such pension is being paid and the said local authority is satisfied that, had the application been made on the date of the review (or futher review), such application would not have been allowed, the local authority shall grant no futher payments of the pension until the person attains sixty years of age, or
( b ) in case payment of the pension has for the time being ceased in accordance with paragraph (a), and the said local authority are satisfied that, had such application been made at the date of the further review the application would have been allowed, payment of the pension shall be recommenced.
(9) The foregoing provisions of this article shall apply as respects a registered officer in relation to any part-time office under the local authority, or any other local authority, which he holds in a permanent capacity where he ceases to be a registered officer on or after the 10th day of January, 1984, subject to the provisos:
(i) that at the date he ceases to hold the part-time office he has served at least five years in that office,
(ii) that he ceases to hold the part-time office on a date which occurs before the date he ceases to be a registered officer,
(iii) that subsequent to his ceasing to hold the part-time office he is granted an allowance, or a preserved pension, or a death gratuity is granted in respect of him on his ceasing to be a registered officer,
(iv) that the provisions of subparagraphs (i) and (ii) of sub-article (1) shall not apply in respect of the part-time office and any preserved pension and preserved lump sum in respect of the part-time service shall be granted instead with effect from the date the allowance pursuant to sections 15 and 17 of the Act of 1956, or the preserved pension under this article, in respect of his substantive wholetime office, is granted,
(v) that references in this article to pensionable remuneration and pensionable local service shall be construed respectively as relating to the remuneration in respect of the part-time office and to the extent of the period during which he held the part-time office.".
5 Amendment of Article 12 of the Revision Scheme, 1984.
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paragraphs: Article 12 of the Revision Scheme of 1984 is hereby amended by the addition of the following sub-articles:
"(8) ( a ) The provisions of sub-article (1) shall apply as respects a person who is a registered officer or a registered employee on or after the 10th day of January, 1984 as if the words "provided he ceased to be fully insured on becoming a pensionable officer or a pensionable servant for the purposes of the Act of 1956 or a registered officer or a registered employee" were deleted therefrom.