Health Act 2004
23.— (1) The Executive shall prepare and submit to the Minister one or more than one scheme for granting superannuation benefits to or in respect of such employees (including the F102[chief executive officer]) of the Executive as it may think fit.
(2) Each superannuation scheme must fix the terms of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different terms may be fixed in respect of different classes of persons.
(3) A superannuation scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.
(4) A superannuation scheme submitted by the Executive under this section shall, if approved by F103[the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, with the consent of] the Minister for Finance, be carried out by the Executive in accordance with its terms.
(5) The Executive may not grant, or enter into any arrangement for the provision of, any superannuation benefit to or in respect of an employee (including the F102[chief executive officer]) except in accordance with a scheme approved under this section or except as approved by F103[the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, with the consent of] the Minister for Finance.
(6) Each scheme must include provision for appeals from a decision relating to a superannuation benefit under the scheme.
(7) The Minister shall ensure that a superannuation scheme approved under this section is laid before each House of the Oireachtas as soon as practicable after the scheme is approved.
(8) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which the scheme is laid before it, annul the scheme.
(9) The annulment of a superannuation scheme under subsection (8) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the scheme before the passing of the resolution.
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 12(a), (b), S.I. No. 283 of 2019.
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 19(a), (b), S.I. No. 666 of 2022.
Power pursuant to section exercised (1.01.2005) by Health Service Executive Employee Superannuation Scheme 2010 (S.I. No. 362 of 2010), in effect as per art. 2.
Previous affecting provision: subs. (1) and (5) amended (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 8, S.I. No. 275 of 2013; subs. (1) and (5) amended as per F-note above.