Staff Pensions

Superannuation Scheme

The Local Government Superannuation Act 1980 enables the Minister for the Environment and Local Government to establish a superannuation scheme for local government employees and certain bodies in the local government and related spheres.

With the consent of the Minister for Finance, the scheme may be made for granting pensions, premiums, lump sums, gratuities including severance, gratuities and injuries benefits and other allowances on retirement or death in such circumstances as may be specified in respect of persons employed by a body to which the provisions apply and of a class or description specified in the schemes.

Any body to whose employees the scheme applies, shall carry out the scheme in accordance with its terms.  The scheme may require a register to be established and maintained for the purposes of the scheme.  Every body shall enter the name of every employee in their register and shall provide for the division of the register in such parts as are appropriate having regard to the terms of the scheme.

Scheme Provisions

The scheme may have a retrospective effect and provide for

• payment or receipt by any of the Minister for Finance,
• bodies capable of being reckoned for the purpose of the scheme,
• persons specified in the scheme
• the secondary teachers’ superannuation fund,
• the primary teacher superannuation fund
• such other superannuation funds as may be specified
• payments in respect of transfer of superannuation benefits and service capable of being reckoned for the purpose of such scheme,
• such other payments in relation to superannuation as may be specified.

A scheme may apply in relation to pensions, allowances, lump sums or gratuities paid or payable to in respect of persons who have been employees of bodies to which the provision applies, who have died or ceased to be employees before commencement of the scheme.  It may require or authorise payment of pension allowances, lump sums and gratuities in respect of such persons.

Scheme Payments

The scheme may provide that a pension, allowance, lump sum, gratuity or payment which is granted or required to be made pursuant to a scheme made under the provisions or in respect of a class of persons so specified shall be paid by another person of a class or description specified being a person other than the first-mentioned person’s employer.  Where the scheme so provides, provision may be made for the making by such employer of  payments relating to superannuation and shall be specified.

The scheme  may authorise payment without production of probate of sums due on the death of a person to its personal representative of an amount which may be subject to a maximum.

Various Powers

It may require that any body to any of whose employees the scheme apply shall establish and maintain a register for the purpose of the scheme.  It may provide the persons shall be deemed to be entered in the register who were entered under registers kept under the previous legislation.

Different schemes may be made  or a scheme may make different provision for different classes and descriptions of persons employed by a body. A scheme provision which amends any conditions of the Social Welfare Act may  be made only with a consent of the Minister for Social Protection.

The Minister may amend provisions of existing statutory schemes.  Regulations may be made by the Minister with the consent of the Minister for Finance to amend existing schemes.

Gratuities

Where a person ceases to be employed in a body to which the legislation applies, the body, in accordance with regulations made by the Minister with the consent of the Minister for Finance having regard to service which is specified the time being or may as regards the person may be taken into account, grant in respect of the person, a gratuity.

Provisions may be made for regulations for gratuities in relation to certain non-pensionable service as above. In determining accordance with regulation whether to grant a gratuity, a body to which the provisions apply, shall take account of service of a class or description which are specified for such purpose by the Minister either generally or in relation to classes of persons so specified.

The gratuity shall not be given to a person dismissed by the body by reason of misconduct or unfitness not being a fitness due to old age or infirmity of mind or body. Retrospective regulations may be made.

Operation of Scheme

Regulations of schemes shall be laid before the Houses of the Oireachtas and may be annulled within 21 days.  Regulations may provide for the determination of questions arising under the regulation.

Schemes may provide for the determination by the Minister specified in the scheme or by a person or class or description so specified of the questions under or by virtue of the scheme.  The scheme may provide that any reference to statute shall be interpreted as a reference to the scheme or corresponding provisions of the scheme as the case may be.

The expenses incurred by any Minister in the administration of the Act and the schemes thereunder shall to the extent sanctioned by the Minister for Finance  be paid out of monies provided by the Oireachtas.

The Local Authorities (Officers and Employees) Act 1983, as amended, has been repealed and replaced by the Public Service Management Recruitment and Appointment Act.