Ministerial and Parliamentary Offices Act 1938
F52[Special pension arrangements for pre-qualified persons.
13B.—(1) This section applies to any person who is a pre-qualified person and who holds a qualifying office on or after the operative date.
(2) As and from the operative date, section 14 or section 16 of this Act, as appropriate, shall not apply to a person to whom this section applies in respect of service given by him after that date.
(3) In this section, "original pension", in relation to a person to whom this section applies, means the pension to which that person was entitled under section 14 or section 16 of this Act, as appropriate, on the operative date, or, if the person held a qualifying office on that date, the pension to which he would have been so entitled if he had ceased to hold office on that date.
(4) Subject to subsection (7) of this section, a person to whom this section applies who ceases to hold a qualifying office after the operative date shall be entitled to receive, in addition to his original pension, a further pension (referred to subsequently in this section as "a supplementary pension").
(5) (a) The amount of a supplementary pension shall be—
(i) in the case of a person whose original pension is a ministerial pension, 5 per cent. of the appropriate salary (within the meaning of section 13A of this Act) multiplied by the number of relevant years,
(ii) in the case of a person whose original pension is a secretarial pension and who on ceasing to hold a qualifying office after the operative date would, but for subsection (2) of this section, have been entitled to a ministerial pension under section 14 of this Act, an amount equal to the difference between—
(A) the amount of the ministerial pension which would then be payable to the person if such pension was calculated in accordance with subsections (4) and (5) of section 13A of this Act, and
(B) the amount of the person's original pension,
F53[(iii) in the case of a person—
(I) whose original pension is a secretarial pension, and
(II) who, on ceasing to hold a qualifying office after the operative date, has served in a ministerial office for at least 2 but less than 3 years,
an amount equal to the difference between—
(A) the amount of the ministerial pension which would then be payable to the person if such person was a minister, calculated in accordance with section 13AA of the 1938 Act, and
(B) the amount of the person’s original pension.]
F54[(iv) in the case of a person, other than a person referred to in subparagraph (ii) F55[or (iii)] of this paragraph, whose original pension is a secretarial pension, 5 per cent. of the appropriate salary (within the meaning aforesaid) multiplied by the number of relevant years.]
(b) The number of relevant years for the purposes of paragraph (a) of this subsection shall be taken to be—
(i) in the case of a person to whom subparagraph (i) of the said paragraph (a) applies, the result obtained by dividing by 365 the aggregate of:
(A) the number of days, if any, during which such person held a ministerial office after the operative date, and
(B) one-half of the number of days, if any, during which such person held a secretarial office after the operative date, and
(C) the number of days, if any, of such person's pensionable service (within the meaning of section 14 of this Act) which were, or would have been, disregarded in the calculation of such person's original pension,
(ii) in the case of a person to whom F56[subparagraph (iv)] of the said paragraph (a) applies, the result obtained by dividing by 365 the aggregate of:
(A) the number of days during which such person held a qualifying office after the operative date, and
(B) the number of days, if any, of such person's pensionable service (within the meaning of section 16 of this Act) which were, or would have been, disregarded in the calculation of such person's original pension:
Provided that—
(I) any fraction of a year in either of the results aforesaid F57[shall be reckoned on a pro-rata basis], and
(II) in any case where the aggregate of the number of relevant years as defined above and the number of years of pensionable service which were or would have been reckoned in the calculation of the original pension of the person concerned exceeds 10, the number of relevant years shall be taken to be the result obtained by subtracting from 10 the number of such years of pensionable service.
(6) As and from the operative date, section 17 of this Act shall, in the case of a person to whom this section applies, apply only in respect of that person's original pension.
(7) Subsections (7) and (8) of section 13A of this Act shall apply in respect of a supplementary pension as if such supplementary pension were a pension under the said section 13A.]
Annotations
Amendments:
F52
Inserted (18.03.1992) by Oireachtas (Allowances To Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 (3/1992), s. 7, commenced on enactment.
F53
Inserted (1.11.2007) by Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (37/2007), s. 16(e), S.I. No. 730 of 2007.
F54
Renumbered (1.11.2007) by Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (37/2007), s. 16(e), S.I. No. 730 of 2007.
F55
Inserted (1.11.2007) by Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (37/2007), s. 16(f), S.I. No. 730 of 2007.
F56
Substituted (1.11.2007) by Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (37/2007), s. 16(g), S.I. No. 730 of 2007.
F57
Substituted (6.06.1997) by Oireachtas (Allowances To Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), s. 13(a), commenced as per s. 14(2).
Modifications (not altering text):
C16
Application of subs. (7) restricted (18.03.1992) by Oireachtas (Allowances To Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 (3/1992), s. 9, commenced on enactment.
Restrictions of sections 13A and 13B of Principal Act.
9.—Where a widow's pension or a widower's pension is payable under section 20 of the Principal Act or under the Act of 1952 in respect of a deceased person who has held a qualifying office—
(a) the amount of such pension shall be calculated as if paragraphs (b) and (f) of subsection (7) of section 13A of the Principal Act (inserted by section 7 of this Act) or, where appropriate, subsection (7) of section 13B (inserted by the said section 7 ) of the Principal Act did not apply in the case of the said deceased person, and
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