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Courts (Supplemental Provisions) Act 1961

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Pension of Master of the High Court, Taxing-Master and county registrar.

57

57.—(1) Where—

(a) F95[a person who holds or held the office of Master of the High Court, Chief Legal Costs Adjudicator, Legal Costs Adjudicator or county registrar ceases to hold that office and attains the age of sixty-five years, or ceases to hold that office having been removed from office under the applicable provisions] or upon medical certificate that he is incapable, from infirmity of mind or body, of discharging the duties of that office and that the infirmity is likely to be permanent, and

(b) he has completed five or more years of continuous service in one or more of the said offices

he shall, subject to the provisions of this section, be eligible for a pension consisting of—

(i) if he has completed twenty or more years of such service, two-thirds of the annual remuneration in respect of the office which he ceases to hold, or

(ii) if he has not completed twenty years of such service, one-sixth of the annual remuneration in respect of the office which he ceases to hold together with one-thirtieth of that remuneration for each (if any) completed year of such service in excess of five.

(2) F96[…]

(2) Where a person in receipt of a pension under this section F97[or under regulations made pursuant to section 5 (1) (b) of the Courts (Supplemental Provisions) (Amendment) Act, 1991] is employed in a situation remunerated out of moneys provided by the Oireachtas, then

(a) the pension shall not be payable in respect of any period during which his remuneration in respect of such situation is equal to or greater than the remuneration by reference to which the pension was computed, and

(b) so much only of the pension shall be payable in respect of any period during which his remuneration in respect of such situation is less than the remuneration by reference to which the pension was computed as with his remuneration in respect of such situation will amount to the remuneration by reference to which the pension was computed.

(3) A reference in this section to service of any person shall be construed as a reference to service of such person in respect of which he 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.

(4) Pensions under this section may be granted by the Minister for Finance.

F98[(5) In this section, "applicable provisions" means—

(a) in the case of a person holding the office of Master of the High Court, paragraph (a) of section 3(4B) of the Act of 1926,

(b) in the case of a person holding the office of the Chief Legal Costs Adjudicator or Legal Costs Adjudicator, clause (a) of paragraph 18(11) of the Eighth Schedule, and

(c) in the case of a person holding the office of county registrar, section 35(8)(a) of the Act of 1926.]

Annotations

Amendments:

F95

Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 114(a), S.I. No. 389 of 2023, art. 3(p).

F96

Repealed in so far as it relates to any pre-existing public service pension scheme (1.11.2012) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 3(b), S.I. No. 413 of 2012.

F97

Inserted (16.07.1991) by Courts (Supplemental Provisions) (Amendment) Act 1991 (23/1991), s. 6(5)(b), commenced on enactment.

F98

Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 114(b), S.I. No. 389 of 2023, art. 3(p).

Modifications (not altering text):

C42

Application of section 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).

C43

Application of subs. (2) extended (13.07.1999) by Courts (Supplemental Provisions) (Amendment) Act 1999 (25/1999), s. 2, commenced on enactment.

Application of provisions relating to abatement of pensions.

2.—Sections 46(6) and 57(2) of the Courts (Supplemental Provisions) Act, 1961, shall apply to the specified persons, as appropriate, with any necessary modifications.

C44

Application of section modified (19.12.1996) by Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), s. 27, in operation as per s. 31.

Modification of pension provisions of Principal Act as applied to certain court officers.

27.—In the case of a court officer who is serving as such on or after the 19th day of December, 1996, section 57 of the Principal Act shall have effect as if in subsection (1) of that section the following paragraphs were substituted for paragraphs (i) and (ii):

“(i) if he has completed twenty or more years of such service, one-half of the annual remuneration in respect of the office which he ceases to hold, or

(ii) if he has not completed twenty years of such service, one-eighth of the annual remuneration in respect of the office which he ceases to hold together with one-fortieth of that remuneration for each (if any) completed year of service in excess of five."

C45

Application of subs. (2) modified (1.08.1978) by Courts (Supplemental Provisions) (Amendment) Act 1991 (23/1991), s. 3(2), in operation as per s. 10(1), as amended (19.12.1996) by Oireachtas (Allowances To Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), s. 30(d), commenced as per s. 31.

Reckoning of days in addition to completed years for purposes of pensions.

3.— ...

(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 [1/40th] of his remuneration as the day or number of days aforesaid bears to one year.

C46

Functions transferred and references to "Minister for the Public Service" construed as "Minister for Finance" (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 (S.I. No. 81 of 1987), art. 4(1)(b), (2).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Finance.

(2) References to the Department of the Public Service contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Finance.

4. (1) The functions vested in the Minister for the Public Service—

...

(b) (b) by virtue of the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ),

are hereby transferred to the Minister for Finance.

(2) References to the Minister for the Public Service contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Finance.

The history of the Minister for Finance aspects of this Act can be traced as follows:

• Functions transferred and references to Minister for Finance construed as Public Service (1.11.1973) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 (S.I. No. 294 of 1973), in operation as per art. 2;

• Functions transferred and references to Minister for Public Service construed as Finance (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987) (above).

Editorial Notes:

E778

Non-entitlement to pension under section may result in grant of preserved pension as provided (22.01.1992) by Courts (Preservation of Superannuation) (Court Officers) Regulations 1992 (S.I. No. 10 of 1992), reg. 3.