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Courts (Supplemental Provisions) Act 1961
SECOND SCHEDULE
Pensions of Judges of Courts Established by the Principal Act
Sections 6, 19 and 31.
Annotations
Modifications (not altering text):
C48
Application of schedule extended (16.07.2001) by Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 (33/2001), s. 51, commenced on enactment as per s. 1(2).
Entitlement to have previous service treated as service as judge or court officer.
51.—If a person who is or was formerly a judge or court officer has previously served in another public office, the person is entitled, subject to this Part, to have the previous service treated as pensionable service for the purposes of the pension provisions applicable to that person under the Second Schedule to the Courts (Supplemental Provisions) Act, 1961, or section 57 of that Act (whichever is applicable).
C49
Pensions under schedule increased (1.08.1978, deemed) by Courts (Supplemental Provisions) (Amendment) Act 1991 (23/1991), s. 3, in operation as per s. 10(1). Note amendments in the case of a judge or court officer who ceased to serve as such on or after the 19th day of December, 1996 made (19.12.1996, deemed) by Oireachtas (Allowances To Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), s. 30(a)-(d), in operation as per s. 31, not shown below.
Reckoning of days in addition to completed years for purposes of pensions.
3.—(1) Where a judge or justice has, upon vacation of his office on or after the coming into operation of this section, completed five years of service or more but, in the case of a judge, less than 15 years of service or, in the case of a justice, less than 20 years of service, and his service comprises a day or days in addition to a number of completed years, the pension payable to such judge or justice, as the case may be, pursuant to the Second Schedule to the Principal Act shall be increased—
(a) in the case of a judge, by an amount which bears the same proportion to one-twentieth of his remuneration as the day or number of days aforesaid bears to one year, and
(b) in the case of a justice, other than a justice referred to in paragraph (c) of this subsection, by an amount which bears the same proportion to one-thirtieth of his remuneration as the day or number of days aforesaid bears to one year, and
(c) in the case of a justice to whom paragraph 10 of the Second Schedule to the Principal Act applies, by an amount which bears the same proportion to one-fortieth of his remuneration as the day or number of days aforesaid bears to one year.
(2) Where a person who holds the office of Master of the High Court, Taxing Master or county registrar has, upon ceasing to hold office on or after the coming into operation of this section, completed five or more years of service in one or more of the said offices (but less than 20 years of such service) and his service comprises a day or days in addition to a number of completed years, the pension payable to such person pursuant to section 57 of the Principal Act shall be increased by an amount which bears the same proportion to one-thirtieth of his remuneration as the day or number of days aforesaid bears to one year.
Part I
Pensions of Judges of Supreme Court and High Court
Annotations
Modifications (not altering text):
C50
Application of schedule modified (29.04.2002) by Courts and Court Officers Act 2002 (15/2002), s. 29, S.I. No. 176 of 2002.
Amendment in specified case of Part I of Second Schedule to Act of 1961.
29.—Where a judge of the High Court who was appointed on 20 December 1990 vacated his office on 30 November 2001, he shall be deemed for the purposes of Part I of the Second Schedule to the Act of 1961 to have vacated his office after 15 years of service.
C51
Application of schedule modified (28.06.2000) by Courts (Supplemental Provisions) (Amendment) Act 2000 (15/2000), s. 1, commenced on enactment.
Amendment in specified case of Part I of Second Schedule to Courts (Supplemental Provisions) Act, 1961.
1.—Where a judge of the High Court who was appointed on the 1st day of October, 1991, vacates his office on the 9th day of July 2000, he shall be deemed for the purposes of Part I of the Second Schedule to the Courts (Supplemental Provisions) Act 1961, to have vacated his office after 15 years' service.
C52
Application of schedule modified (13.03.1968) by Courts (Supplemental Provisions) (Amendment) Act 1968 (3/1968), s. 1, commenced on enactment.
Amendment in specified case of Part I of Second Schedule to Courts (Supplemental Provisions) Act, 1961.
1.—Where a judge of the Supreme Court who was appointed on the 6th day of October, 1966, vacates his office on the 26th day of March 1978, he shall be deemed for the purposes of Part I of the Second Schedule to the Courts (Supplemental Provisions) Act 1961, to have vacated his office after fifteen years' service.
1. In this Part “service” means service as a judge of the Supreme Court, the High Court, the Circuit Court, the existing Supreme Court, the existing High Court or the existing Circuit Court.
2. (1) This paragraph applies to a judge of the Supreme Court or the High Court who—
(a) was appointed a judge of the existing Supreme Court or the existing High Court after the passing of the Act of 1953, or
(b) never held office as a judge of the existing Supreme Court or the existing High Court.
(2) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, having reached the age of sixty-five years, vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.
(3) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.
3. (1) This paragraph applies to a judge of the Supreme Court or the High Court who held office as a judge of the existing Supreme Court or the existing High Court on the passing of the Act of 1953.
(2) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.
(3) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards and less than fifteen years' service a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five.
Annotations
Modifications (not altering text):
C53
Para. 2 construed (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 11, S.I. No. 274 of 2008, art. 3(2).
Modification of pension provisions of Courts (Supplemental Provisions) Act 1961 as applied to certain Supreme Court judges and High Court judges.
11.— In the case of a judge of the Supreme Court or the High Court who is serving as such on or after 2 June 2002, paragraph 2 of Part I of the Second Schedule to the Courts (Supplemental Provisions) Act 1961 shall have effect as if the following subparagraphs were substituted for subparagraph (3) of that paragraph:
“(3) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to age, vacates his or her office after 2 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of three-eightieths of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.
(4) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to permanent infirmity, vacates his or her office after 5 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of three-eightieths of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.”
C54
Para. 2 construed (19.12.1996) by Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), s. 24, in operation as per s. 31.
Modification of pension provisions of Principal Act as applied to certain Supreme Court judges and High Court judges.
24.—In the case of a judge of the Supreme Court or the High Court who is serving as such on or after the 19th day of December 1996, paragraph 2 of Part 1 of the Second Schedule to the Principal Act shall have effect as if the following subparagraphs were substituted for subparagraphs (2) and (3) of that paragraph:
“(2) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, having reached the age of 65 years, vacates his office after 15 years or more of service a pension for life of one-half of his remuneration at the time of such vacation of office.
(3) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after 5 years or more of service a pension for life of one-eighth of his remuneration at the time of such vacation of office with the addition of three-eightieths of such remuneration for every completed year of service in excess of five, subject to a maximum pension of one-half of such remuneration.”
C55
Definition of service construed (1.08.1978) by Courts (Supplemental Provisions) (Amendment) Act 1991 (23/1991), s. 2(a), in operation as per s. 10(1), as amended (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 17(b), S.I. No. 479 of 2014.
2.—In the Second Schedule to the Principal Act the definition of “service”—
(a) in paragraph 1 shall, in the case of a judge of the Supreme Court [, the Court of Appeal] or High Court who vacates his office on or after the coming into operation of this section, be construed as including any period during which he acted as a judge of the Circuit Court under section 14 of the Act of 1936 (which provides for the temporary appointment of persons to act as Circuit Court judges);
...
Part II
Pensions of Judges of Circuit Court
4. In this Part “service” means service as a judge of the Circuit Court or the existing Circuit Court or as a justice of the District Court or the existing District Court.
5. (1) This paragraph applies to a judge of the Circuit Court who—
(a) was appointed a judge of the existing Circuit Court after the passing of the Act of 1953, or
(b) never held office as a judge of the existing Circuit Court.
(2) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, having reached the age of sixty-five years, vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.
(3) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.
6. (1) This paragraph applies to a judge of the Circuit Court who held office as a judge of the existing Circuit Court on the passing of the Act of 1953.
(2) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.
(3) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards and less than fifteen years' service a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five.
Annotations
Modifications (not altering text):
C56
Para. 5 construed (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 12, S.I. No. 274 of 2008, art. 3(2).
Modification of pension provisions of Courts (Supplemental Provisions) Act 1961 as applied to certain Circuit Court judges.
12.— In the case of a judge of the Circuit Court who is serving as such on or after 2 June 2002, paragraph 5 of Part II of the Second Schedule to the Courts (Supplemental Provisions) Act 1961 shall have effect as if the following subparagraphs were substituted for subparagraph (3) of that paragraph:
“(3) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to age, vacates his or her office after 2 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of three-eightieths of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.
(4) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to permanent infirmity, vacates his or her office after 5 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of three-eightieths of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.”.
C57
Para. 5 construed (19.12.1996, deemed) by Oireachtas (Allowances To Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), s. 25, in operation as per s. 31.
Modification of pension provisions of Principal Act as applied to certain Circuit Court judges.
25.—In the case of a judge of the Circuit Court who is serving as such on or after the 19th day of December, 1996, paragraph 5 of Part II of the Second Schedule to the Principal Act shall have effect as if the following subparagraphs were substituted for subparagraphs (2) and (3) of that paragraph:
“(2) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, having reached the age of 65 years, vacates his office after 15 years or more of service a pension for life of one-half of his remuneration at the time of such vacation of office.
(3) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years or more of service a pension for life of one-eighth of his remuneration at the time of such vacation of office with the addition of three-eightieths of such remuneration for every completed year of service in excess of five, subject to a maximum pension of one-half of such remuneration.”.
C58
Definition of service construed (1.08.1978) by Courts (Supplemental Provisions) (Amendment) Act 1991 (23/1991), s. 2(b), in operation as per s. 10(1).
2.—In the Second Schedule to the Principal Act the definition of “service”—
...
(b) in paragraph 4 shall, in the case of a judge of the Circuit Court who vacates his office on or after the coming into operation of this section, be construed as including any period during which he acted as a judge of the Circuit Court under the said section 14; and
...
Part III
Pensions of Justices of District Court
7. In this Part—
“justice”, where used without qualification, means a justice of the District Court;
“service”, in relation to a justice, means any service by him, being—
(a) service as a District Justice under the District Justices (Temporary Provisions) Act, 1923,
(b) service as a justice of the existing District Court,
F101[(bb) service as a county registrar (being service which was continuous with subsequent service as a justice or as a temporary district justice and being service in respect of which the person concerned was remunerated, exclusive of any period during which he was absent on account of illness and was remunerated at a rate determined by reference to the rate which would be appropriate if he were on pension),]
(c) service as an additional justice, appointed under section 13 of the Courts of Justice Act, 1928, of the existing District Court, or
(d) service as a justice;
“the Superannuation Acts” means the Superannuation Act, 1834, as amended and extended by subsequent enactments, other than the Superannuation Act, 1956.
8. (1) This paragraph applies to a justice who—
(a) was appointed a justice of the existing District Court on or after the passing of the Act of 1936, or
(b) never held office as a justice of the existing District Court.
(2) There shall be granted to a justice to whom this paragraph applies and who, having reached the age of sixty-five years, vacates his office after twenty years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.
(3) There shall be granted to a justice to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-thirtieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.
9. (1) This paragraph applies to a justice who held office as a justice of the existing District Court on the passing of the Act of 1936.
(2) Unless and until he makes the election provided for in subparagraph (3) of this paragraph, the following provisions shall apply to a justice to whom this paragraph applies, namely, his office shall be a pensionable office within the meaning of the Superannuation Acts, and the superannuation allowance, additional allowance or gratuity granted to or in respect of him on the vacation of his office shall be ascertained in the manner and subject to the conditions prescribed by those Acts, and a certificate by the Chief Justice shall be a sufficient certificate for the purposes of section 8 of the Superannuation Act, 1859.
(3) A justice to whom this paragraph applies may, by notice in writing sent to the Minister for Finance at any time before he vacates his office, elect to accept the pension terms provided by this subparagraph, and in that case the following provisions shall apply to him—
(a) there shall be granted to him, if he vacates his office after thirty years' service or upwards, a pension for life of two-thirds of his remuneration at the time of such vacation of office;
(b) there shall be granted to him, if, owing to age or permanent infirmity, he vacates his office after ten years' service or upwards and less than thirty years' service, a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-fortieth of such remuneration for every completed year of service in excess of ten.
10. Where—
(a) a justice, having completed ten years' service or upwards, vacates his office with the consent of the Government, and
(b) such justice is not entitled under paragraphs 8 or 9 of this Schedule to a pension in respect of his service,
he shall be entitled to a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-fortieth of such remuneration for every completed year of service in excess of ten, subject to a maximum pension of two-thirds of such remuneration.
Annotations
Amendments:
F101
Inserted (30.07.1963) by Superannuation and Pensions Act 1963 (24/1963), s. 33, commenced on enactment.
Modifications (not altering text):
C59
Para. 8 construed (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 13, S.I. No. 274 of 2008, art. 3(2).
Modification of pension provisions of Courts (Supplemental Provisions) Act 1961 as applied to certain District Court judges.
13.— In the case of a judge of the District Court who is serving as such on or after 2 June 2002, paragraph 8 of Part III of the Second Schedule to the Courts (Supplemental Provisions) Act 1961 shall have effect as if the following subparagraphs were substituted for subparagraph (3) of that paragraph:
“(3) There shall be granted to a judge of the District Court to whom this paragraph applies and who, owing to age, vacates his or her office after 2 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of one-fortieth of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.
(4) There shall be granted to a judge of the District Court to whom this paragraph applies and who, owing to permanent infirmity, vacates his or her office after 5 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of one-fortieth of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.”.
C60
Paras. 8, 10 construed (19.12.1996, deemed) by Oireachtas (Allowances To Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), s. 26, in operation as per s. 31.
Modification of pension provisions of Principal Act as applied to certain District Court judges.
26.—In the case of a judge of the District Court who is serving as such on or after the 19th day of December, 1996—
(a) paragraph 8 of Part III of the Second Schedule to the Principal Act shall have effect as if the following subparagraphs were substituted for subparagraphs (2) and (3) of that paragraph:
“(2) There shall be granted to a judge of the District Court to whom this paragraph applies and who having reached the age of 65 years, vacates his office after 20 years or more of service a pension for life of one-half of his remuneration at the time of such vacation of office.
(3) There shall be granted to a judge of the District Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years or more of service a pension for life of one-eighth of his remuneration at the time of such vacation of office with the addition of one-fortieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of one-half of such remuneration.”,
and
(b) paragraph 10 of Part III of the Second Schedule to the Principal Act shall have effect as if the words “a pension for life of one-eighth of his remuneration at the time of such vacation of office with the addition of 3/160ths of such remuneration for every completed year of service in excess of ten, subject to a maximum pension of one-half of such remuneration.” were substituted for everything after “he shall be entitled to”.
C61
Definition of service construed (1.08.1978) by Courts (Supplemental Provisions) (Amendment) Act 1991 (23/1991), s. 2(c), in operation as per s. 10(1).
2.—In the Second Schedule to the Principal Act the definition of “service”—
...
(c) in paragraph 7 shall, in the case of a justice who vacates his office on or after the coming into operation of this section, be construed as including any period during which he acted as a justice of the District Court under section 51 of the Act of 1936 (which provides for the temporary appointment of persons to act as justices of the District Court).