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Postal and Telecommunications Services Act 1983
Superannuation.
46.—(1) Each company shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such members of the staff of the company as it may think fit F37[, or in respect of such persons who were members of the staff of the Department of Posts and Telegraphs and who retired or died before the vesting day as the Minister for Finance may specify].
(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.
(3) Subject to subsection (4), every such scheme may be amended or revoked by a subsequent scheme submitted and approved of under this section.
F38[(4) Every scheme under this section shall provide for not less favourable conditions in respect of persons who are or were members of the staff of the postal company and who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs than those to which they were entitled immediately before the vesting day.
(4A) Every scheme for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of—
(a) persons who are or were members of the staff of the telecommunications company and who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs, or
(b) those persons who were members of the staff of the Department of Posts and Telegraphs and who retired or died before the vesting day as the Minister for Finance may specify, shall provide for not less favourable conditions in respect of those persons than those to which they were entitled immediately before the vesting day.]
(5) Disbursement of pensions, gratuities and other allowances which may be granted to or in respect of persons F38[referred to in subsections (4) and (4A)] shall not be on less favourable conditions than would apply if the benefits referred to had continued to be paid out of moneys provided by the Oireachtas.
(6) A scheme submitted by a company under this section shall, if approved of by the Minister with the concurrence of the Minister for the Public Service, be carried out by the company in accordance with its terms.
(7) No pension, gratuity or allowance shall be granted by either company on the resignation, retirement or death of a member of the staff of the company otherwise than in accordance with a scheme under this section.
(8) Where a superannuation allowance falls due for payment to or in respect of a person to whom subsection (4) applies in the period beginning on the vesting day and ending immediately before the coming into operation of a scheme submitted by a company and approved of under this section, the allowance shall be calculated and paid by the company in accordance with such superannuation scheme, or such enactments in relation to superannuation, as applied to such person immediately before the vesting day and, for that purpose, his pensionable service with the company shall be aggregated with his previous pensionable service.
(9) F37[Notwithstanding the provisions of any other enactment or obligation of law] the F39[Minister for Finance shall, on the request of the Minister for Public Expenditure and Reform,] make such contribution as may, F39[with the consent of the Minister for Public Expenditure and Reform], be specified in a scheme or schemes under this section towards the pensions, gratuities and other allowances related to reckonable service given before the vesting day which may be granted to or in respect of persons who, immediately before that day, were members of the staff of the Department of Posts and Telegraphs F37[or who were members of the staff of the Department of Posts and Telegraphs and who retired or died before the vesting day], and such scheme or schemes shall, with the like consent, fix the manner and times of the payment of such contribution.
(10) F40[…]
(11) Moneys required to be paid by the Minister for Finance under this section shall be advanced out of the Central Fund or the growing produce thereof.
Annotations
Amendments:
F37
Inserted (16.12.1996) by Telecommunications (Miscellaneous Provisions) Act 1996 (34/1996), s. 11(a), (b), S.I. No. 385 of 1996.
F38
Substituted and inserted (9.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 5(a), (b), S.I. No. 87 of 1999, art. 3.
F39
Substituted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 64(7)(a), (b), in operation as per s. 1(2) and S.I. No. 401 of 2011.
F40
Repealed (16.12.1996) by Telecommunications (Miscellaneous Provisions) Act 1996 (34/1996), s. 14(1) and sch. 3 part 1, S.I. No. 385 of 1996, art. 3.
Modifications (not altering text):
C40
Application of subss. (1), (2), (3), (6), (7), (9), (11) restricted in so far as they apply to the company (9.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 3(2) and sch. 2, S.I. No. 87 of 1999, art. 3.
Repeals
3.— ...
(2) The enactments mentioned in column (2) of the Second Schedule are hereby repealed to the extent mentioned in column (3) of that Schedule in so far as they apply to the company.
...
SECOND SCHEDULE
Section 3(2).
|
Number and Year |
Short Title of Act |
Extent of Repeal |
|
(1) |
(2) |
(3) |
|
No. 24 of 1983. |
Postal and Telecommunications Services Act, 1983. |
Section 8(2). Section 10(2). Section 11. Section 19(3). Section 22. Section 24. Section 27. Section 28. Section 30. Section 32. Section 33. Section 37. Section 38. Section 39(3). Section 46(1), (2), (3), (6), (7), (9) and (11). Section 51. |
C41
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), art. 4(1)(a), (2) and sch., subject to transitional provisions in arts. 5-9.
4. (1) The functions vested in the Minister for the Public Service—
(a) by or under the Ministers and Secretaries (Amendment) Act, 1973 (No. 14 of 1973), or the statutes mentioned in the Schedule to this Order, and
(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.
...
SCHEDULE
Acts, functions under which are transferred to the Minister for Finance
...
Postal and Telecommunications Services Act, 1983 (No. 24 of 1983);
...
Editorial Notes:
E9
Previous affecting provision: subss. (1), (9) substituted (16.12.1996) by Telecommunications (Miscellaneous Provisions) Act 1996 (34/1996), ss. 11(a), (b) S.I. No. 385 of 1996; superseded (9.04.1999) as per F-note above.