S.I. No. 124/1992:

CHILD CARE ACT, 1991 (CHILDREN'S RESIDENTIAL CENTRES) (SUPERANNUATION), ORDER, 1992.

CHILD CARE ACT, 1991 (CHILDREN'S RESIDENTIAL CENTRES) (SUPERANNUATION), ORDER, 1992.

The Minister for Health, in exercise of the powers conferred on him by section 66 of the Child Care Act, 1991 (No. 17 of 1991), with the consent of the Minister for the Environment, hereby orders as follows:

1. This Order may be cited as the Child Care Act, 1991 (Children's Residential Centres) (Superannuation) Order, 1992.

2. (1) In this Order "children's residential centre" means a children's residential centre to which subsection (3) of section 66 of the Child Care Act, 1991 applies.

(2) Subject to the provisions of sub-articles (3) to (6) of this article, Schemes and Regulations made under the Local Government (Superannuation) Act, 1980 shall apply to employees of a children's residential centre as if they were employed by the health board for the area in which the centre is situated.

(3) A person who is an employee of a children's residential centre on the 31st day of May, 1992 shall have his name entered in Part II of the Register maintained under article 4 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ) with effect from the 1st day of June, 1992 and for this purpose--

( a ) the following definition shall be substituted for the definition of "eligible employee" in article 3 of the Scheme

" 'eligible employee' means--

( a ) a person who is an employee of a children's residential centre on the 31st day of May, 1992,

( b ) a person who becomes an employee of a children's residential centre on or after the 1st day of June, 1992, who during any local financial year has had in that local financial year one hundred and thirty or more service days, or

( c ) a person who becomes an employee of a children's residential centre on or after the 1st day of June, 1992, who immediately before becoming such employee was a registered employee of another children's residential centre or a registered officer or a registered employee of a local authority or the holder of a position not under a local authority service in which is capable of being reckoned under this Scheme;",

( b ) the following definition shall be substituted for the definition of "employee" in article 3 of the Scheme:

" 'employee' has the meaning assigned to it by section 66 (2) of the Child Care Act, 1991 ;", and

( c ) the following sub-article shall be substituted for sub-article (3) of article 4 of the Scheme:

"(3) ( a ) Subject to paragraph (b), (c) and (d), where a person becomes an eligible employee of a local authority, the local authority shall enter his name in Part II of the Register and shall notify him accordingly within one month.

( b ) (i) Where the person becomes an eligible employee by virtue of paragraph (a) of the definition of "eligible employee" in article 3, the local authority shall, unless he gives notice in writing not later than the 1st day of September, 1992 to the health board for the area in which the centre is situated that he wishes to continue to participate in a private pension scheme or plan, make the entry with effect from the 1st day of June, 1992.

(ii) A notice in writing given under sub-paragraph (i) shall be final and irrevocable.

( c ) Where the person becomes an eligible employee by virtue of paragraph (b) of the definition of "eligible employee" in article 3, the local authority shall, unless he has already given notice in writing as referred to in paragraph (b), make the entry with effect from the date immediately following his one hundred and thirtieth service day.

( d ) Where the person becomes an eligible employee by virtue of paragraph (c) of the definition of "eligible employee" in article 3, the local authority shall make the entry with effect from the date of his becoming an employee of the local authority.".

(4) A health board for the area in which a children's residential centre is situated shall, with the consent of the Minister, approve the remuneration of any employee of the centre and for this purpose the following definition shall be substituted for the definition of "wages" in article 3 of the Scheme:

" 'wages' means, subject to article 48, the remuneration approved for an employee by a health board with the consent of the Minister for Health".

(5) An employee of a children's residential centre shall be entitled to reckon as service--

( a ) any service day he had between the 1st day of January, 1984 and the 31st day of May, 1992, and

( b ) one-half of any period of service given with a children's residential centre prior to the 1st January, 1984.

(6) Contributions as may be determined by the Minister for the Environment with the consent of the Minister for Finance shall be payable under article 45 of the Scheme by an employee of a children's residential centre in respect of any service day he is entitled to reckon by virtue of paragraph (a) of sub-article (5) together with, in each case where the contributions are not paid within three years of the date of notification to him by the health board of the amount of such contributions, an additional sum, calculated on a basis determined by the Minister for the Environment in respect of compound interest, to accrue from the date of such notification to the date of payment of the contributions.

GIVEN under the Official Seal of the Minister for Health this 26th day of May, 1992.

DR. JOHN O'CONNELL,

Minister for Health.

The Minister for the Environment hereby consents to the making of the above Order.

GIVEN under the Official Seal of the Minister for the Environment this

26th day of May, 1992.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

The purpose of this Order is to make certain modifications to the Local Government Superannuation Scheme as it will apply to employees of certain children's residential centres on the commencement of Section 66 of the Child Care Act, 1991 .