13AA.—(1) This section applies to a person to whom section 13A applies where, on ceasing to hold a qualifying office—

F48[(a) the person has completed not less than 2 years of ministerial service but is not entitled to a ministerial pension under section 13A, or

(b) the person has completed not less than 2 years of secretarial service but is not entitled to a secretarial pension under section 13A.]

(2) A person referred to in subsection (1)(a) is, on ceasing to hold office, entitled to a ministerial pension calculated at the rate of 20 per cent of the appropriate salary, plus an additional amount calculated in accordance with subsection (4).

(3) A person referred to in subsection (1)(b) is, on ceasing to hold office, entitled to receive a secretarial pension calculated at the rate of 20 per cent of the appropriate salary, plus an additional amount calculated in accordance with subsection (4).

(4) The calculation for the additional amount referred to in subsections (2) and (3) is as follows:

AA  =

ND

× 0.05 × AS

365

where—

AA is the amount of additional pension to be determined, and

ND is the number of days’ ministerial or secretarial service exceeding 2 F48[(but less than 8)] years, and

AS is the appropriate salary.

(5) For the purposes of this section, the number of years of the person's ministerial service is taken to be the result obtained by dividing by 365—

(a) the number of days during which the person held a ministerial office, and

(b) if the number of days during which the person held the office was not less than 730, half the number of days during which the person held some other qualifying office.

(6) For the purposes of this section, the number of years of the person's secretarial service is taken to be the result obtained by dividing by 365 the number of days during which the person held a qualifying office or qualifying offices.

(7) For the purpose of calculating the ministerial pension of a person to whom this section applies, the appropriate salary is as follows:

(a) if the person has held the office of Taoiseach— the annual salary currently payable to the holder of that office;

(b) if the person has held the office of Tánaiste— the amount calculated in accordance with the formula—

AS =

ND × S1

+

(TD - ND) × S2

TD

TD

where—

AS is the appropriate salary to be determined, and

ND is the number of days during which the person served as Tánaiste, and

TD is the total number of days during which the person served in a ministerial office, and

S1 is the amount of annual salary currently payable to the Tánaiste, and

S2 is the amount of annual salary currently payable to a member of the Government other than the Taoiseach and the Tánaiste;

and

(c) in the case of any other person—the annual salary currently payable to a member of the Government other than the Taoiseach and the Tánaiste.

(8) For the purpose of calculating the secretarial pension of a person, the appropriate salary is as follows:

(a) if the person has held a ministerial office on or after 1 January, 1978— the annual salary currently payable to the holder of the office of Minister of State,

(b) in the case of any other person— the annual salary currently payable in respect of the last qualifying office (other than a ministerial office) held by the person.

(9) If a person whose entitlement to a pension under this section arises after the commencement of this section applies to the Minister for Finance for payment, the pension is to be paid—

(a) if the application is made not later than 6 months after the date on which the entitlement arises— on and from that date, and

(b) in any other case— on and from the date of the application.

(10) If a person whose entitlement to a pension under this section arose on the commencement of this section applies to the Minister for Finance for payment, the pension is to be paid on and from such date (being a date not earlier than the date of that commencement and not later than the date of the application) as the Minister determines in writing.

F49[(11) Except as provided by subsection (12), none of the following persons are entitled to a pension under this section—

(a) a person who is receiving a severance allowance under Part V of this Act, or

(b) a person who has not reached 65 years of age, other than—

(i) a person who was a member of either House of the Oireachtas, or of the European Parliament (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004), prior to 1 April 2004,

(ii) a person who held the office of Attorney General prior to 1 April 2004, or

(iii) a person who has held the office of Taoiseach,

in which cases the reference to 65 years in this subsection shall be taken to be a reference to 50 years.]

(12) If satisfied that a person referred to in subsection (11)(b) is precluded from earning a livelihood because of having a permanent physical or mental disability, the Minister for Finance may, in writing, direct a pension under this section to be paid to the person. A person in respect of whom such a direction is in force is entitled to be paid a pension in accordance with the direction.

F50[(13) No pension under this section shall be paid for as long as such person is a member of either House of the Oireachtas or a member of the European Parliament.]

(14) Service in an office held by a person to whom this section applies counts for a pension under this section even if the person held the office before the commencement of this section, but in that case the entitlement to the pension arises only on that commencement.]