Central Bank Act 1942

F253[Superannuation schemes for the benefit of officers and employees of Bank and its constituent parts.

33AG

33AG.(1) This section applies to and in respect of the following persons:

(a) the Governor and former Governors;

F255[ (b) former Directors;

(ba) appointed members and former appointed members of the Commission;

(bb) ex-officio members of the Commission and former ex-officio members of the Commission;

(c) former members of the Regulatory Authority;

(ca) officers and former officers of the Bank;]

(d) employees and former employees of the Bank.

(2) The Bank may establish and operate one or more superannuation schemes under which superannuation benefits are payable on the retirement or death of persons to whom this section applies. However, such a scheme does not take effect until it has been approved by the Minister.

(3) A superannuation scheme established under this section is to be embodied in rules made by the Bank. Those rules must provide for the operation of the scheme and, in particular, for

(a) the making of contributions (including contributions by the Bank) towards the superannuation benefits to be paid under the scheme, and

(b) the payment of those benefits to or in respect of persons to whom this section applies.

(4) As soon as practicable after establishing a superannuation scheme or superannuation schemes under this section, the Bank shall establish a trust fund for holding contributions made to the scheme or to each of those schemes and for the payment of superannuation benefits under the scheme or schemes. However, if the Bank establishes two or more such superannuation schemes, a single trust fund may be established in respect of all or a group of those schemes.

(5) As soon as practicable after establishing a trust fund under this section, the Bank shall appoint two or more trustees to hold and operate the trust fund.

(6) The trustees of the trust fund relating to a superannuation scheme established under this section shall, from that fund, pay to or in respect of persons to whom this section applies on their retirement or death the appropriate superannuation benefits under the scheme.

(7) The Bank shall arrange for all rules made under this section to be laid before each House of the Oireachtas as soon as practicable after they are made. If either House, within the 21 days on which it has sat after the rules are laid before it, passes a resolution annulling the rules, the rules are accordingly annulled, but without affecting the validity of anything previously done under them.

(8) In this section

"retirement", in relation to a person referred to in F256[paragraph (a), (b), (ba) or (c) of subsection (1),] includes not being re-appointed after the end of the persons term of office;

"superannuation benefit" means a superannuation benefit payable to or in respect of a person to whom this section applies or, where such a person has died, to the spouse F257[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] or a child of that person, and includes a pension, a retirement allowance and a gratuity.]

Annotations

Amendments:

F254

Inserted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 26, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3.

F255

Substituted and inserted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(1) and sch. 1, part 1, item 59, S.I. No. 469 of 2010.

F256

Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(1) and sch. 1, part 1, item 60, S.I. No. 469 of 2010.

F257

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 99(2) and sch., part 2, item 10, S.I. No. 648 of 2010.

Editorial Notes:

E144

Power pursuant to section exercised (1.10.2008) by Central Bank and Financial Services Authority of Ireland Superannuation Scheme 2008 (S.I. No. 99 of 2008).