Local Government (Superannuation) Act, 1980

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

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 serant of the body or otherwise) which would be reckonable by the body for the purposes of his superannuation.