S.I. No. 169/1983:

CIVIL SERVICE SUPERANNUATION REGULATIONS, 1983.

CIVIL SERVICE SUPERANNUATION REGULATIONS, 1983.

I, JOHN BOLAND, Minister for the Public Service, in exercise of the powers conferred on my by section 3 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976), hereby make the following regulations:

1. These Regulations may be cited as the Civil Service Superannuation Regulations, 1983.

2. (1) Section 12 of the Superannuation Act, 1834, as amended by the Civil Service Superannuation (No. 2) Regulations, 1980 ( S.I. No. 362 of 1980 ), is hereby amended by the addition of the following subsection:

"(3) ( a ) Where an established civil servant retires or dies during the period beginning on the 1st day of October, 1982, and ending on the 31st day of December, 1982, and his salary at the date of his retirement or death is one which was affected by paragraph 1 of the Proposals, his salary for the purpose of calculating his superannuation allowance, additional allowance or gratuity shall, if the Minister for the Public Service, in his absolute discretion, so determines, and notwithstanding subsection (1) of this section, be deemed to be the salary which would have been appropriate had payment of the third phase of the increase provided for in Clause 2 of the Public Service Pay Agreement not been postponed by the said paragraph 1 to the 1st day of January, 1983.

( b ) Where an established civil servant retires or dies and his salary at the date of his retirement or death is one which was affected by paragraph 2 of the Proposals, or, had the Proposals been implemented on such date, his said salary would have been so affected, his salary for the purpose of calculating his superannuation allowance, additional allowance or gratuity shall, if the Minister for the Public Service, in his absolute discretion, so determines, and notwithstanding subsection (1) of this section, be deemed to be the salary which would have been appropriate had the revision of the Public Service Pay Agreement by the said paragraph 2 not taken place.

( c ) Where an established civil servant retires or dies and his salary at date of retirement or death would have been affected by paragraph 31 of the Proposals, or, had the Proposals been implemented on such date, his said salary would have been so affected, his salary for the purpose of calculating his superannuation allowance, additional allowance or gratuity shall, if the Minister for the Public Service, in his absolute discretion, so determines, and notwithstanding subsection (1) of this section, be deemed to be the salary which would have been appropriate if 40% of the increase provided for in the relevant settlement, finding or offer had been payable from the effective date set out in such settlement, finding or offer.

( d ) In this subsection--

"the Proposals" means the proposals for amendment of the Public Service Pay Agreement which were accepted by the Public Services Committee of the Irish Congress of Trade Unions on the 10th day of November, 1982;

"the Public Service Pay Agreement" means the agreement on pay in the public service made in December, 1981, between the Minister for the Public Service and the Public Services Committee of the Irish Congress of Trade Unions."

(2) The references in section 8 of the Superannuation and Pensions Act, 1963 , as amended by Regulation 11 of the Civil Service Superannuation Regulations, 1980 ( S.I. No. 188 of 1980 ), to section 12 of the Superannuation Act, 1834, shall be construed as a reference to the said section 12 as amended by this Regulation.

GIVEN under my Official Seal, this 14th day of June, 1983.

JOHN BOLAND,

Minister for the Public Service.

EXPLANATORY NOTE.

The general purpose of these Regulations is to provide that persons who retire from the Civil Service before the operative date of pay increases affected by certain paragraphs of the proposals for amendment of the agreement on pay in the public service of December 1981 which were accepted in November 1982 will have their superannuation benefits calculated as if the deferrals applicable by virtue of those proposals did not apply.