23.—F12[(1) HRI shall, 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 persons—

(a) appointed to positions on the staff of HRI, or

(b) transferred under section 27 of the Horse and Greyhound Racing Act, 2001, to HRI or a subsidiary of HRI and who—

(i) immediately before the establishment of HRI, were members of the staff of the Irish Horseracing Authority or a subsidiary of it and members of a superannuation scheme made by the Irish Horseracing Authority, or

(ii) immediately before the commencement of section 8 of the Horse and Greyhound Racing Act, 2001, were members of the staff of the Racing Regulatory Body and members of a superannuation scheme made by the Racing Regulatory Body.]

(2) A scheme under subsection (1) shall fix the time and conditions of retirement for all persons (including the chief executive) to or in respect of whom superannuation benefits are payable under the scheme or schemes 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 of 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 benefits 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 persons (including the chief executive) who are members of a scheme under this section, nor shall any other arrangement be entered into for the provision of superannuation benefits to such persons on ceasing to hold office, other than in accordance with such 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 21 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.

F12[(7) Superannuation benefits granted under schemes under this section to persons who—

(a) immediately before the establishment of HRI, were members of the staff of the Irish Horseracing Authority or a subsidiary of it, or

(b) immediately before the commencement of section 8 of the Horse and Greyhound Racing Act, 2001, were members of the staff of the Racing Regulatory Body,

and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled before that establishment or commencement, as the case may be.]

(8) Where in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who has transferred to the staff of F12[HRI or its subsidiaries under section 27 of the Horse and Greyhound Racing Act, 2001], the benefit shall be calculated and paid by the Authority in accordance with the scheme or such enactments in relation to superannuation as applied to the person immediately before the establishment day and, for that purpose, his pensionable service with the Authority or its subsidiary shall be aggregated with his previous pensionable service.

(9) A scheme submitted by the Authority under this section, shall, if approved of by the Minister with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms.