Roads Act 1993

Superannuation.

36

36. (1) The Authority may, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of—

( a) persons appointed under sections 29 and 30 to, or accepted under section 31 into, wholetime employment of the Authority, and

( b) the Chairman of the Authority where he by direction of the Minister under section 28 (1) (b) performs the functions referred to in section 29 (2) .

(2) A scheme under subsection (1) shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.

(3) The Authority may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section, including a scheme under this subsection.

(4) If any dispute arises as to the claim of any person to, or the amount of any superannuation benefit payable in pursuance of a scheme or schemes under this section such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(5) No superannuation benefits shall be granted by the Authority on the resignation, retirement or death of a person to whom subsection (1) relates otherwise than in accordance with a scheme or schemes under this section.

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

(7) A scheme or schemes under subsection (1) shall, as respects a person accepted into wholetime employment of the Authority under section 31 , provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediately before the day on which he was so accepted into the employment of the Authority in relation to the grant of such benefits.

(8) Where, during the period between the establishment of the Authority and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person accepted into wholetime employment of the Authority, under section 31 , in respect of his employment with the public authority concerned, the superannuation benefits shall be granted and paid to or in respect of the person by the Authority and, for that purpose, his pensionable service with the Authority shall be aggregated with his previous pensionable service.

Annotations:

Editorial Notes:

E43

Power pursuant to subs. (3) exercised (1.10.2017) by National Roads Authority Superannuation Scheme 2017 (S.I. No. 412 of 2017), in effect as per art. 2.