Private Security Services Act 2004

Superannuation.

12

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

(2) Every such scheme 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) Every such scheme may be amended or revoked by a subsequent scheme under this section.

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

(5) ( a) Any dispute arising 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 shall be submitted to the Minister.

( b) The Minister shall refer the dispute to the Minister for Finance, whose decision shall be final.

(6) A superannuation benefit shall not be granted by the Authority to or in respect of a person on his or her ceasing to be Chief Executive or a member of its staff, or any other arrangement be entered into by the Authority for the provision of such a benefit, otherwise than in accordance with a scheme or schemes under this section.

(7) Any 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.

(8) In this section “superannuation benefit” means any pension, gratuity or other allowance payable to or in respect of a person on ceasing to be the Chief Executive or a member of the staff of the Authority.

Annotations:

Editorial Notes:

E15

Any defined benefit scheme established under section excluded from application of Pensions Act 1990, part III by Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002), reg. 11 and sch. part 1, sch. part 1 as substituted (26.02.2009) by Occupational Pension Schemes (Preservation of Benefits) (Amendment) Regulations 2009 (S.I. No. 70 of 2009), reg. 2.

E16

Any defined benefit scheme established under section excluded from provisions of Pensions Act 1990 (25/1990), part IV, by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993), reg. 6 and sch. C, sch. C as substituted (1.08.2008) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2008 (S.I. No. 295 of 2008), reg. 4, re-substituted (18.04.2013) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013), reg. 2 and re-substituted (16.06.2014) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014), reg. 2.