Law Reform Commission Act 1975

Superannuation of certain officers of Commission.

12

12. (1) As soon as conveniently may be after the establishment day, the Commission shall prepare and submit to the Attorney General for his approval, a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such of its whole-time officers, other than officers who by virtue of section 10 (6) (b) of this Act are civil servants in the Civil Service of the State, as the Commission may think fit.

(2) The Commission may at any time, prepare and submit to the Attorney General, a scheme amending a scheme under this section.

(3) Where a scheme is submitted to the Attorney General pursuant to this section, the Attorney General may with the concurrence of the Minister for the Public Service approve of the scheme without modification or with such modification (whether by way of addition, omission or variation) as the Attorney General shall, with such concurrence, think proper.

(4) A scheme submitted to the Attorney General under this section shall, if approved of by the Attorney General with the concurrence of the Minister for the Public Service, be carried out by the Commission in accordance with its terms.

(5) A scheme submitted and approved of under this section shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or other allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

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

(7) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of 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.

Annotations:

Editorial Notes:

E3

Law Reform Commission Superannuation Scheme 1982 excluded from application of Pensions Act 1990 (25/1990), Part III (2.06.2002) by Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002), reg. 11 and sch., in effect as per reg. 1(3); the schedule as substituted (5.02.2009) by Occupational Pension Schemes (Preservation of Benefits) (Amendment) Regulations 2009 (S.I. No. 70 of 2009), reg. 2.

E4

Power pursuant to section exercised (2.06.2002) by Law Reform Commission Superannuation (Consolidation) (Amendment) Scheme 2009 (S.I. No. 422 of 2009), in effect as per art. 2.