Personal Injuries Assessment Board Act 2003

Superannuation.

68

68.—(1) As soon as practicable after the establishment day, the Board shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Board as it may think fit.

(2) Every such scheme 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) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

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

(5) Superannuation benefits granted under schemes under this section to persons, who immediately before their being designated by an order under section 67 , were members of the staff of the Minister, and the terms and conditions relating to those benefits, shall not be less favourable to those persons than those to which they were entitled immediately before such designation.

(6) No superannuation benefit shall be granted by the Board nor shall any other arrangements be entered into by the Board for the provision of such a benefit to or in respect of a member of the staff of the Board otherwise than in accordance with a scheme under this section or, if the Minister, with the consent of the Minister for Finance, sanctions the granting of such a benefit, in accordance with that sanction.

(7) 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 for his or her decision.

(8) 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.

Annotations:

Editorial Notes:

E21

Defined benefit schemes created under section excluded from application of certain provisions of Pensions Act 1990 (25/1990) by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993), as substituted (18.04.2013) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013), reg. 2, (16.06.2014) Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014), reg. 2, and (12.02.2019) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2019 (S.I. No. 39 of 2019), reg. 2.

E22

Power pursuant to section exercised (13.04.2004) by The Personal Injuries Assessment Board Spouses’ and Children’s Contributory Pension Scheme 2009 (S.I. 156 of 2009), commenced as per art. 2.

E23

Power pursuant to section exercised (13.04.2004) by Personal Injuries Assessment Board Employee Superannuation Scheme 2008 (S.I. No. 465 of 2008), commenced as per art. 2.

E24

Other legislation concerning PIAB pensions includes Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2008 (S.I. No. 295 of 2008), Superannuation (Designation of Approved Organisations) Regulations 2008 (S.I. No. 361 of 2008) and Occupational Pension Schemes (Preservation of Benefits) (Amendment) Regulations 2009 (S.I. No. 70 of 2009).