No. 8/1980:

LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1980

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Superannuation schemes as regards employees of local authorities and certain other bodies.

3 Minister may amend certain existing local government superannuation provisions.

4 Gratuities as regards certain non-pensionable service.

5 Regulations and schemes generally.

6 Savers.

7 Amendment of section 4 of Health (Corporate Bodies) Act, 1961.

8 Amendment of section 11 of Health Act, 1970.

9 Amendment of section 4 of Local Government Services (Corporate Bodies) Act, 1971.

10 Expenses, etc.

11 Repeals.

12 Short title and commencement.

FIRST SCHEDULE

SECOND SCHEDULE

AN ACT TO ENABLE THE MINISTER FOR THE ENVIRONMENT TO MAKE SUPERANNUATION SCHEMES AS REGARDS, AND TO ENABLE GRATUITIES TO BE GRANTED TO OR IN RESPECT OF, EMPLOYEES OF CERTAIN BODIES AND FOR THOSE PURPOSES TO ENABLE THAT MINISTER TO AMEND OR REPEAL CERTAIN ENACTMENTS RELATING TO SUPERANNUATION, TO AMEND THE HEALTH (CORPORATE BODIES) ACT, 1961 , THE HEALTH ACT, 1970 , AND THE LOCAL GOVERNMENT SERVICES (CORPORATE BODIES) ACT, 1971 , SO AS TO ENABLE, WITH CERTAIN MODIFICATIONS OR LIMITATIONS, SCHEMES UNDER THIS ACT TO BE APPLIED AS REGARDS, AND SUCH GRATUITIES TO BE GRANTED TO OR IN RESPECT OF, EMPLOYEES OF CERTAIN OTHER BODIES, TO REPEAL THE LOCAL GOVERNMENT (SUPERANNUATION) ACT, 1956 , AND CERTAIN OTHER ENACTMENTS RELATING TO SUPERANNUATION, AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[4th June, 1980]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

"the Act of 1956" means the Local Government (Superannuation) Act, 1956 ;

"the Act of 1961" means the Health (Corporate Bodies) Act, 1961 ;

"the Act of 1970" means the Health Act, 1970 ;

"the Act of 1971" means the Local Government Services (Corporate Bodies) Act, 1971 ;

"local authority" means any of the following bodies:

( a ) a local authority for the purposes of the Local Government Acts, 1925 to 1978,

( b ) a vocational education committee,

( c ) a committee of agriculture,

( d ) a school attendance committee;

"the Minister" means the Minister for the Environment;

"severance gratuity" means a gratuity payable under a scheme under section 2 of this Act to a person who is an employee of a body to which section 2 of this Act applies and who ceases to hold his office or employment,

( a ) in consequence of the abolition of the office held by him as such an employee, or

( b ) for the purpose of facilitating arrangements by which greater efficiency or economy can be effected as regards such body;

"the Social Welfare Acts" means the following, namely, the Old Age Pensions Acts, 1908 to 1979, the Unemployment Assistance Acts, 1933 to 1979, the Widows' and Orphans' Pensions Acts, 1935 to 1979, the Social Welfare (Children's Allowances) Acts, 1944 to 1979, the Social Welfare Acts, 1952 to 1979, the Social Welfare (Supplementary Welfare Allowances) Acts, 1975 and 1979, and any enactment which amends or extends all or any of those Acts;

"statute" and "statutory instrument" have the same meaning as they have, respectively, in section 3 of the Interpretation Act, 1937 .

2.—(1) ( a ) The Minister may, with the consent of the Minister for the Public Service, make a scheme or schemes for the granting of pensions, lump sums, gratuities (including severance gratuities and injury benefits) and other allowances on retirement or death, or in such other circumstances as may be specified therein, to or in respect of persons both employed by a body to which this section applies and of a class or description specified in the scheme.

( b ) Every body to any of whose employees a scheme under this section applies shall carry out the scheme in accordance with its terms, and without prejudice to the generality of the foregoing in case a scheme under this section requires a register to be established and maintained for the purposes of the scheme, and where such a scheme so provides, every such body shall enter the name of each such employee in the register, or, in case the scheme or any other scheme under this section provides for the division of the register, in such part thereof as is appropriate having regard to the terms of such scheme.

(2) Without prejudice to the generality of subsection (1) of this section, a scheme under this section may—

( a ) have retrospective effect,

( b ) provide for the payment or receipt by any or all of the following:

(i) the Minister for the Public Service,

(ii) any body service with which is capable of being reckoned for the purposes of any such scheme,

(iii) any person specified in the scheme,

(iv) the Secondary Teachers Superannuation Fund, the Primary Teachers Superannuation Fund or any other superannuation fund so specified,

of payments in respect of the transfer of superannuation benefits or service, being service which is capable of being reckoned for the purposes of a scheme under this section, or such other payments relating to superannuation as may be so specified,

( c ) apply in relation to pensions, allowances, lump sums or gratuities paid or payable to or in respect of persons who, having been employees of bodies to which this section applies, have died or ceased to be such employees before the commencement of the scheme,

( d ) require or authorise the payment of pensions, allowances, lump sums or gratuities to or in respect of persons mentioned in paragraph (c) of this subsection,

( e ) provide that a pension, allowance, lump sum, gratuity or payment which is either granted or required to be made, pursuant to a scheme under this section, to or in respect of a person of a class or description so specified, shall be paid by another person of a class or description so specified, being a person other than the first-mentioned person's employer, and where the scheme so provides provision shall also be made therein for the making by such employer to such other person of such payments relating to superannuation as may be so specified,

( f ) authorise the payment, without the production of probate or otherwise proving the title of the personal representative of a deceased person, of any sum, not exceeding an amount specified in the scheme, which is due in respect of any benefit under the scheme,

( g ) require that any body to any of whose employees the scheme applies shall establish and maintain a register for the purposes of the scheme,

( h ) specify the part of such register in which the names of the persons to whom the scheme applies, or the names of such persons who are persons of a specified class or description, are to be entered,

( i ) provide for the removal of the name of a person, in such circumstances as may be specified in the scheme, by a body from the register kept by it for the purposes of the scheme, or, in case the scheme or any other scheme under this section provides for the division of such register, from such part thereof as may be so specified,

( j ) provide that the names which, immediately before the commencement of the scheme, were entered in a register (which may be a register kept for the purposes of the Act of 1956) specified in the scheme by a body to any of whose employees the scheme applies, or any of those names which are the names of persons who are of a class or description so specified, shall be deemed to be entered in the register, or, as the case may be, in a part thereof so specified, kept by the body for the purposes of the scheme,

( k ) provide for any transitional matter or any matter ancillary or incidental to the foregoing.

(3) Different schemes may be made under this section in relation to, or a scheme under this section may make different provisions in relation to, different classes or descriptions of persons employed by a body to which this section applies and without prejudice to the generality of the foregoing such classes or descriptions of persons may be denoted by reference to the exercise of an option specified in the scheme.

(4) A sum to be paid by a body to which this section applies pursuant to a provision which is included in a scheme under this section by virtue of paragraph ( f ) of subsection (2) of this section may be paid or distributed to or among persons appearing to the body to be beneficially entitled to the estate of the deceased person concerned, or to or among any one or more of those persons, or, in the case of the illegitimacy of the deceased person concerned or his children (being a case to which section 9 of the Legitimacy Act, 1931 , does not apply), to or among such persons as the body may think fit, and the body shall be discharged from all liability in respect of any such payment or distribution.

( 5 ) ( a ) Subject to section 5 (4) of this Act, where it appears to the Minister that a provision in any statute or statutory instrument is inconsistent with, or has become unnecessary or requires to be adapted, modified or otherwise amended in consequence of, any provision of a scheme under this section, subject to subsection (6) of this section, he may by a scheme under this section made with the consent of the Minister for the Public Service repeal or amend the provision.

( b ) This subsection shall come into force on the commencement of section 11 of this Act.

(6) A scheme under this section which repeals or amends a provision contained either in the Social Welfare Acts, or in any statutory instrument made under those Acts, shall be made by the Minister only with the consent of the Minister for Social Welfare.

(7) The amendment of any provision by a scheme under this section shall not prejudice any power to amend that provision conferred otherwise than by this section.

(8) Subject to subsection (6) of this section, the Minister may, with the consent of the Minister for the Public Service, at any time make a scheme amending or revoking a scheme under this section.

(9) This section applies to—

( a ) a local authority,

( b ) a health board,

( c ) any body (not being a health board) other than—

(i) a corporate body established under the Act of 1961, or

(ii) a joint board established under and for the purposes of an order under section 11 of the Act of 1970,

which is engaged in the provision of services under the Health Acts, 1947 to 1970, and which is designated for the purposes of this section by the Minister for Health with the consent of the Minister.

3.—(1) Subject to section 5 (4) of this Act and to subsection (4) of this section, the Minister may, to the extent specified in the third column of the First Schedule to this Act and within the period beginning on the passing of this Act and ending on the commencement of section 11 of this Act, by regulations provide for the cesser of or otherwise amend any enactment mentioned in the second column of that Schedule together with any statutory instrument, in so far as it is made under any enactment mentioned in the said third column.

(2) Subject to section 5 (4) of this Act and to subsection (4) of this section, the Minister may by regulations provide for the cesser of or otherwise amend any provision in any statute or statutory instrument where it appears to him that the provision is inconsistent with, or has become unnecessary or requires to be adapted, modified or otherwise amended in consequence of, any provision of regulations under this section.

(3) Subject to subsection (4) of this section, the Minister may by regulations amend the First Schedule to this Act so as to extend the application of subsection (1) of this section either to the whole of, or to any enactment contained in, any statute.

(4) Regulations under this section shall be made by the Minister only with the consent of the Minister for the Public Service and in addition to the foregoing where such regulations—

( a ) provide for the cesser or other amendment of any provision of, or of any statutory instrument made under, the Social Welfare Acts,

( b ) extend the application of subsection (1) of this section to the whole of, or to any enactment contained in, any statute comprised in the Social Welfare Acts,

they shall be made by the Minister only with the consent of the Minister for Social Welfare.

(5) Where a regulation under subsection (3) of this section is proposed to be made by the Minister, a draft of the regulation shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving of the draft has been approved by each such House.

(6) The amendment of any provision by regulations under this section shall not prejudice any power to amend that provision conferred otherwise than by this section.

(7) Regulations under this section may have retrospective effect.

4.—(1) Where a person ceases to be employed by a body to which section 2 of this Act applies, subject to subsections (3) and (4) of this section, the body may pursuant to and in accordance with regulations made by the Minister under this section with the consent of the Minister for the Public Service, and having regard to service by the person which both—

( a ) is specified for the time being under the said subsection (3) and

( b ) may as regards the person be taken into account in pursuance of the said subsection (3),

grant to or in respect of the person a gratuity.

(2) Regulations under this section may provide that a gratuity granted thereunder to or in respect of a person of a specified class or description shall be paid by another person of a class or description so specified, being a person other than the first-mentioned person's employer.

(3) In determining in accordance with regulations under this section whether to grant, or the amount of, a gratuity under this section, a body to which section 2 of this Act applies shall, and shall only, take into account service of a class or description which is for the time being specified in writing for the purposes of this section by the Minister, either generally or in relation to persons of such class or description as is so specified.

(4) A gratuity shall not be granted under this section by a body to a person dismissed by the body by reason of misconduct or unfitness (not being unfitness due to old age or to infirmity of mind or body).

(5) Regulations under this section may have retrospective effect.

5.—(1) Every regulation or scheme made under this Act, other than a regulation under section 3 (3), shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or scheme is passed by either such House within the next twenty-one days on which that House has sat after the regulation or scheme is laid before it, the regulation or scheme, as the case may be, shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

( 2 ) ( a ) Any regulations made by the Minister under this Act may provide for the determination by the Minister of questions arising under, or by virtue of the making of, the regulations.

( b ) Any scheme made by the Minister under this Act may provide—

(i) for the determination by a Minister of the Government specified in the scheme or by a person of a class or description so specified of questions arising under or by virtue of the making of the scheme,

(ii) for the determination by such a Minister or by a person of such a class or description of any such question which is of a class or description so specified and for the determination by the Minister of any other such question.

(3) Any scheme made by the Minister under this Act may provide that any reference in any statute (other than this Act), or in any particular such statute specified in the scheme, to an enactment specified both in the Second Schedule to this Act and in the scheme shall be construed as, or, as including as the case may be, a reference to the scheme or the corresponding provision of the scheme, as may be appropriate, and in case any such provision is included in such a scheme, the enactment to which the provision relates shall be construed and shall have effect in accordance with the provision.

( 4 ) ( a ) Subject to paragraph (b) of this subsection, the Minister shall not exercise the power conferred on him by section 2 (1) (a), section 2 (5) (a) or subsection (1) or (2) of section 3 of this Act so as to apply to or in respect of a person conditions which, as compared with the conditions which are affected by the exercise and which were in force in relation to the person immediately before such exercise, are less favourable, unless such application is dependent for its effect on the exercise (whether before or after the passing of this Act) by a person of an option.

( b ) The restriction contained in paragraph (a) of this subsection shall not apply in relation to the exercise by the Minister of any of the powers therein mentioned where—

(i) the persons to or in respect of whom the conditions are applied in consequence of the exercise of the power comprise a class or description of persons specified for the purposes of this paragraph in a scheme or schemes or in regulations made under section 2 or 3, respectively, of this Act, and

(ii) the said conditions, or any one or more of them, are to apply to or in respect of such persons from a date which—

(I) is specified in the scheme or regulations and which as regards a particular person is not later than that on which the person became a person of the said class or description, and

(II) is not earlier than, in case the said conditions relate to the provision of pensions for the widows, orphans or other dependants of persons of the said class or description, the 1st day of January, 1970, or in any other case, the 1st day of June, 1978.

6.—(1) Subject to the proviso to section 5 (4) of this Act, the repeal or amendment of any enactment by or under this Act shall not—

( a ) operate to reduce any pension, allowance, gratuity, lump sum or return of contributions granted to or in respect of a person under any statute (other than this Act),

( b ) as regards any agreement, determination, decision, surrender, election or nomination made, notice or approval given or contribution paid under any such enactment, operate in a manner which is to the detriment of a person to whom the agreement, determination, decision, surrender, election, nomination, notice, approval or contribution relates,

( c ) as regards any other thing granted, made, given, paid or done under any such enactment, operate in a manner which is to the detriment of a person to which the thing relates,

and, subject to the foregoing and to section 2 (5) (a) and subsections (1) and (2) of section 3 of this Act and to the said proviso, such pension or allowance shall continue to be paid as if the enactment had not been so repealed or amended and, where the context so admits, the pension, allowance, gratuity, lump sum or return of contributions, or the thing mentioned in paragraph (b) or (c) of this subsection, shall be deemed to have been granted, made, given, paid or done under the corresponding provision of a scheme made under section 2 of this Act.

(2) Any reference in any statute (other than this Act), or in any document (unless the context otherwise requires), to a pension, allowance, gratuity, lump sum or return of contributions under, or granted under, an enactment specified in the Second Schedule to this Act shall be construed as including a reference to a pension, allowance, gratuity, lump sum or return of contributions under, granted under, or deemed under this Act to have been granted under, a scheme made under section 2 of this Act, as may be appropriate.

(3) Any reference in any statute (other than this Act) or document to any enactment repealed, whether in whole or in part, by this Act shall, where the context so admits be construed as, or as including, a reference to the corresponding scheme under this Act, or to the corresponding provision of such a scheme, as may be appropriate.

7.—Section 4 of the Act of 1961 is hereby amended by—

( a ) the insertion of ", or any scheme or regulations under the Local Government (Superannuation) Act, 1980 ," before "to the body" in paragraph (b) of subsection (2) and before both "to a body" and "has been applied" in subsection (3), and the said paragraph (b) and subsection (3), as amended by this section and by the Local Government (Alteration of Name of Department and Title of Minister) Order, 1977, are set out in paragraphs 1 and 2, respectively, of the Table to this section; and

( b ) the insertion of the following subsections after subsection (3):

"(4) Where an establishment order or any order amending an establishment order includes provisions for the application of a scheme under the Local Government (Superannuation) Act, 1980 , the body concerned shall carry out the scheme in accordance with its terms but subject to such modifications as may be specified in the order.

(5) An order amending an establishment order may, in so far as it applies any scheme or regulations under the Local Government (Superannuation) Act, 1980 , have retrospective effect.".

TABLE

1. ( b ) the application of the Local Government (Superannuation) Act, 1956 , or any scheme or regulations under the Local Government (Superannuation) Act, 1980 , to the body as if it were a local authority but subject to any modifications (including modifications relating to service reckonable as pensionable service) which may, with the consent of the Minister for the Environment, be specified in the order.

2. (3) Where provision has been made in an establishment order or an order amending an establishment order for the application of the Local Government (Superannuation) Act, 1956 , or any scheme or regulations under the Local Government (Superannuation) Act, 1980 , to a body established by an establishment order (whether with or without modifications relating to service reckonable as pensionable service) and an officer of that body becomes a pensionable officer of a local authority, subsection (1) of section 11 of that Act shall in its application to him, be construed as if the following paragraph were added to that subsection:—

"(i) service as a pensionable officer of a body established under the Health (Corporate Bodies) Act, 1961 to which this Act, or any scheme or regulations under the Local Government (Superannuation) Act, 1980 , has been applied under that Act or other service which would be reckonable by such body for the purposes of his superannuation".

8.—Section 11 (3) of the Act of 1970 is hereby amended by the addition of the following paragraphs:

"( g ) the Minister may, with the consent of the Minister for the Environment, by order apply to employees of the board any scheme or regulations under the Local Government (Superannuation) Act, 1980 , with such modifications or limitations as he thinks fit and specifies by order, and an order under this paragraph may have retrospective effect,

( h ) where an order under paragraph (g) of this subsection is made applying a scheme under the Local Government (Superannuation) Act, 1980 , to employees of the board, the board shall carry out the scheme in accordance with its terms but subject to such modifications or limitations as may be specified in the order.".

9.—Section 4 of the Act of 1971 is hereby amended by—

( a ) the insertion of "or any scheme or regulations under the Local Government (Superannuation) Act, 1980 ," both before "to the body" in paragraph (c) of subsection (2) and before "to a body" in subsection (4), and the said paragraph (c) and subsection (4), as so amended, are set out in paragraphs 1 and 2, respectively, of the Table to this section; and

( b ) the insertion of the following subsections after subsection (4):

"(5) Where an establishment order or any order amending an establishment order includes provisions for the application of a scheme under the Local Government (Superannuation) Act, 1980 , the body concerned shall carry out the scheme in accordance with its terms but subject to such modifications as may be specified in the order.

(6) An order amending an establishment order may, in so far as it applies any scheme or regulations under the Local Government (Superannuation) Act, 1980 , have retrospective effect.".

TABLE

1. ( c ) the superannuation of officers and servants of the body including, if the Minister thinks fit, provisions for the application of the Act of 1956 or any scheme or regulations under the Local Government (Superannuation) Act, 1980 , to the body as if it were a local authority but subject to any modifications which may be specified in the order;

2. (4) Where provision has been made in an establishment order or an order amending an establishment order for the application of the Act of 1956 or any scheme or regulations under the Local Government (Superannuation) Act, 1980 , to a body established by an establishment order (whether with or without modifications) and an officer or servant of that body becomes a pensionable officer or pensionable servant of a local authority within the meaning of the Act of 1956, section 11 (1) or 34 (1) of that Act, whichever may be appropriate, shall, in its application to him, be construed as if there were therein contained a provision entitling him to reckon as service any service (whether as a pensionable officer or pensionable servant of the body or otherwise) which would be reckonable by the body for the purposes of his superannuation.

10.—(1) The expenses incurred by any Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) Any payment which falls to be made by the Minister for the Public Service pursuant to a scheme under section 2 of this Act, shall be paid out of moneys provided by the Oireachtas.

(3) Where any pension, allowance, gratuity or lump sum granted under either a scheme under section 2 of this Act or regulations under section 4 of this Act by a vocational education committee is paid by a local authority, there shall be paid to the authority in respect of the payment, out of moneys provided by the Oireachtas, a payment calculated in a manner specified by the Minister after consultation with the Minister for Education.

11.—The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

12.—(1) This Act may be cited as the Local Government (Superannuation) Act, 1980 .

( 2 ) ( a ) Sections 7 and 8 of this Act shall be deemed to have come into operation on such day or days, prior to the passing of this Act, as may be fixed therefor by order or orders of the Minister for Health made with the concurrence of the Minister.

( b ) Sections 2, 3, 4, 9 and 10 of this Act shall be deemed to have come into operation on such day or days, prior to the passing of this Act, as may be fixed therefor by order of the Minister.

( c ) Section 11 of this Act shall come into operation on such day as may be fixed therefor by order of the Minister.

Section 3 (1).

FIRST SCHEDULE

Enactments Referred to in Section 3 (1)

Section 11.

SECOND SCHEDULE

Enactments Repealed

ACTS REFERRED TO