Dublin Transport Authority Act 2008

21.

Superannuation for staff of Authority.

21.— (1) The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Authority as it may think fit.

(2) Every such scheme 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) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(4) A scheme submitted to the Minister under this section shall, if approved of by the Minister, with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms.

(5) A scheme made under this section shall make provision for appeals.

(6) No superannuation benefits shall be granted by the Authority nor shall any other arrangements be entered into by the Authority for the provision of such benefit to a member of the staff of the Authority, otherwise than in accordance with a scheme under this section, or otherwise as may be approved of by the Minister, with the consent of the Minister for Finance.

(7) The terms and conditions governing superannuation benefits granted under schemes made under this section to persons transferred under section 110 F22 [ and sections 39 and 40 of the Public Transport Regulation Act 2009 ] shall not be less favourable than those to which they were entitled immediately before the dissolution day F22 [ or the dissolution day for the Commission for Taxi Regulation, or on the day or days specified by the Minister under section 110(1)(e) , as appropriate ].

(8) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person transferred under section 110 F22 [ and sections 39 and 40 of the Public Transport Regulation Act 2009 ], the benefit shall be calculated by the Authority in accordance with such scheme as applied to the person immediately before the dissolution day F22 [ or the dissolution day for the Commission for Taxi Regulation, or on the day or days specified by the Minister under section 110(1)(e) , as appropriate ] and, for that purpose, his or her pensionable service with the Authority shall be aggregated with his or her previous pensionable service and any benefit payable shall take account of both periods of service.

(9) A scheme under this section shall be laid before each House of the Oireachtas 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:

Amendments:

F22

Inserted (1.01.2011) by Public Transport Regulation Act 2009 (37/2009), s. 29(1)(f), S.I. No. 615 of 2010.

Modifications (not altering text):

C10

Application of subss. (7) and (8) extended (27.11.2009) by Public Transport Regulation Act 2009 (37/2009), s. 39(5)(a) and 40(6)(a), commenced on enactment.

Transfer of employees of Commission.

39.— ...

(5) (a) The provisions of section 21(7) and (8) of the Act of 2008 apply in relation to terms and conditions governing superannuation benefits granted under schemes made under section 21 of the Act of 2008 to persons transferred to the Authority under this section.

...

Transfer of Commissioner for Taxi Regulation to Authority.

40.—...

(6) (a) The provisions of section 21(7) and (8) of the Act of 2008 apply in relation to terms and conditions governing superannuation benefits granted under schemes made under section 21 of the Act of 2008 to the person referred to in subsection (1).

...

Editorial Notes:

E7

Power pursuant to section exercised (1.10.2017) by National Transport Authority Superannuation Scheme 2017 (S.I. No. 471 of 2017).