Sea-Fisheries and Maritime Jurisdiction Act 2006

59

Superannuation of members of Authority.

59.— (1) The Minister shall, with the consent of the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of a member of the Authority ceasing to hold office.

(2) Every scheme made under this section shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.

(3) The Minister may, with the consent of the Minister for Finance, make a scheme amending or revoking a scheme under this section, including a scheme under this subsection.

(4) If any dispute arises as to the claim of a member of the Authority to, or the amount of, any superannuation benefit payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance for determination by him or her.

(5) A scheme under this section shall be carried out by the Minister in accordance with its terms.

(6) No superannuation benefit shall be granted by the Minister to or in respect of any member of the Authority ceasing to hold office otherwise than in accordance with a scheme under this section or as otherwise may be approved of by the Minister with the consent of the Minister for Finance.

(7) A scheme under this section shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations

Editorial Notes:

E77

Power pursuant to section exercised (28.06.2016) by Sea-Fisheries Protection Authority (Employees) Superannuation Scheme 2016 (S.I. No. 358 of 2016), in effect as per art. 1(ii). Note: this instrument, art. 3, revoked the Sea-Fisheries Protection Authority Staff Superannuation Scheme 2013.

E78

Power pursuant to section exercised (28.06.2016) by Sea-Fisheries Protection Authority Superannuation Scheme 2016 (S.I. No. 353 of 2016), in effect as per art. 1(2).

E79

Any defined benefit scheme established under section is excluded from Pensions Act 1990 (25/1990), Part III, by Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002), reg. 11 as substituted (26.02.2009) by Occupational Pension Schemes (Preservation of Benefits)(Amendment) Regulations 2009 (S.I. No. 70 of 2009), reg. 2.

E80

Any defined benefit scheme established under section is excluded from Pensions Act 1990 (25/1990), Part IV, by Occupational Pension Schemes (Funding Standard) Regulations 2008 (S.I. No. 419 of 1993), reg. 6 and sch. C as substituted (1.08.2008) by Occupational Pension Schemes (Funding Standard)(Amendment) Regulations 2008 (S.I. No. 295 of 2008), reg. 4, and (18.04.2013) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013), reg. 2, and (16.06.2014) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014), reg. 2.