Law Reform Commission Act 1975

Superannuation of Commissioners.

11

11. (1) The Attorney General may, with the concurrence of the Minister for the Public Service, make a scheme or schemes for the granting of pensions, gratuities or other allowances on retirement or death to or in respect of persons appointed to be Commissioners in a whole-time capacity ceasing to hold office, other than persons to or in respect of whom an award under the Courts (Supplemental Provisions) Act, 1961, may be made.

(2) A scheme under this section may provide that the termination of the appointment of a person as a Commissioner during that person's term of office shall not preclude the award to him under the scheme of a pension, gratuity or other allowance.

(3) The Attorney General may, with the concurrence of the Minister for the Public Service, amend a scheme made by him under this section.

(4) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Attorney General who shall refer it to the Minister for the Public Service, whose decision thereon shall be final.

(5) A scheme made under this section shall be carried out in accordance with its terms.

(6) Every scheme made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(7) Where an established civil servant is appointed to be a Commissioner, the superannuation benefits to be granted to him in respect of his service as a Commissioner shall, if the Minister for the Public Service in his discretion so directs, be calculated in accordance with the provisions of the Superannuation Acts, 1834 to 1963, as if, during the period of such service he had been an established civil servant and had been paid during that period out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859.

Annotations:

Editorial Notes:

E2

Power pursuant to section exercised (1.10.2001) by Law Reform Commissioner Superannuation Scheme 2010 (S.I. No. 223 of 2010), in effect as per art. 2.