Health and Social Care Professionals Act 2005

Superannuation.

13

13.—(1) The Council shall prepare and submit to the Minister one or more than one scheme for granting superannuation benefits to or in respect of such members of its staff (including the chief executive officer) as the Council considers appropriate.

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

(4) A superannuation scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(5) The Council may not grant, or enter any arrangement for the provision of, any superannuation benefit to or in respect of a member of its staff (including the chief executive officer), except in accordance with a superannuation scheme approved under this section or approved by the Minister with the consent of the Minister for Finance.

(6) Any dispute about the claim of any person to, or the amount of, a superannuation benefit payable in pursuance of a superannuation scheme approved under this section shall be submitted to the Minister who shall refer it to the Minister for Finance for decision.

(7) The Minister shall ensure that a superannuation scheme approved under this section is laid before each House of the Oireachtas as soon as practicable after it is approved.

(8) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which the superannuation scheme is laid before it, annul the scheme.

(9) The annulment of a superannuation scheme under subsection (8) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the scheme before the passing of the resolution.

Annotations

Editorial Notes:

E18

Power pursuant to section exercised (14.03.2017) by Health and Social Care Professionals Council Superannuation Scheme 2017 (S.I. No. 83 of 2017), in effect as per art. 1(2).