Comhairle Act 2000

Superannuation.

15

15.—(1) The Board, with the approval of the Minister and the consent of the Minister for Finance, shall make a scheme or schemes for the granting of superannuation benefits to or in respect of the members of staff, including the Chief Executive, of the Board.

(2) A scheme under this section shall fix the time and conditions of retirement of all persons 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 Board may, with the approval of the Minister and the consent of 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 Board to or in respect of a person on ceasing to be Chief Executive or a member of the staff of the Board otherwise than—

( a) in accordance with a scheme or schemes under this section, or

( b) with the consent of the Minister and the Minister for Finance.

(6) A scheme under this section, including an amendment of a scheme, 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.

(7) A scheme or schemes under subsection (1) shall, in so far as it concerns a person who immediately before his or her appointment as Chief Executive or to a position on the staff of the Board was an officer or servant of the former Board or the National Rehabilitation Board, as the case may be, grant superannuation benefits upon and subject to terms and conditions that are not less favourable than the terms and conditions that applied to that person immediately before their appointment as Chief Executive of or a member of the staff of the Board in relation to the grant of such benefits.

(8) In applying subsection (7), superannuation benefits that would have been granted to or in respect of a person during the period between his or her appointment as Chief Executive or to a position on the staff of the Board and the coming into operation of a scheme under this section had he or she continued to be employed by the former Board or the National Rehabilitation Board, as the case may be, shall be granted and paid to or in respect of that person by the Board in accordance with the scheme or such enactments in relation to superannuation as applied to the person immediately before his or her appointment as Chief Executive or to a position on the staff of the Board and, for that purpose, his or her pensionable service with the Board shall be aggregated with his or her previous pensionable service.

(9) In this section “superannuation benefits” means pensions, gratuities and other allowances payable on ceasing to be a Chief Executive or a member of the staff of the Board.

Annotations:

Modifications (not altering text):

Editorial Notes:

E5

Provision made that scheme or schemes made under section be excluded from the application of Pensions Act 1990 (25/1990), Part IV by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. 419 of 1993), art. 6(1) and sch. C as substituted (16.06.2014) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. 268 of 2014), art. 2.

E6

Provision made that scheme or schemes made under section be excluded from the application of Pensions Act 1990 (25/1990), Part III by Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. 279 of 2002), art. 11(1) and sch. as substituted (26.02.2009) by Occupational Pension Schemes (Preservation of Benefits) (Amendment) Regulations 2009 (S.I. 70 of 2009), art. 2.

E7

Previous affecting provision: provision made that scheme or schemes made under section be excluded from the application of Pensions Act 1990 (25/1990), Part IV by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. 419 of 1993), art. 6(1) and sch. C as substituted (18.04.2013) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. 135 of 2013), art. 2; superseded as per E-note above.

E8

Previous affecting provision: provision made that scheme or schemes made under section be excluded from the application of Pensions Act 1990 (25/1990), Part IV by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. 419 of 1993), art. 6(1) and sch. C as substituted (1.08.2008) by Occupational Pension Schemes (Funding Standard) Regulations 2008 (S.I. 295 of 2008), arts. 2 and 4, in effect as per art. 2; superseded as per E-note above.