16.— (1) Every Scheme member shall pay the appropriate contribution provided for by or under this Part as and from the date of commencement of his or her membership of the Scheme.

(2) In respect of Scheme members to whom section 19 relates, the rate of contribution shall comprise 3.5 per cent of net pensionable remuneration together with 3 per cent of pensionable remuneration—

(a) to be calculated on the basis of each calendar year, or part of such year, that the person concerned is or was a Scheme member, and

(b) where in respect of any such period referred to in paragraph (a) that that person was not working on a full-time basis, as adjusted by reference to the proportion that the number of hours worked bears to the number of hours that would have been worked if working on a full-time basis.

(3) The rate of contribution for a Scheme member to whom a section referred to in column 1 of the Table to this subsection relates is the contribution rate (if any) in column 2 of that Table expressed as a percentage of net pensionable remuneration opposite the reference to that section, together with the contribution rate in column 3 of that Table expressed as a percentage of pensionable remuneration opposite the reference to that section—

(a) to be calculated on the basis of each calendar year, or part of such year, that the person concerned is or was a Scheme member, and

(b) where in respect of any such period referred to in paragraph (a) that that person was not working on a full-time basis, as adjusted by reference to the proportion that the number of hours worked bears to the number of hours that would have been worked if working on a full-time basis.

TABLE:

Rates of contribution

(4) Where a public service body is financed wholly or mainly from sources other than directly or indirectly out of the Central Fund or the growing produce of that Fund, the Minister may require the public service body, or the relevant authority concerned where that body is not the relevant authority, to make a contribution to the Scheme of such percentage of pensionable remuneration of each scheme member concerned that—

(a) subject to paragraph (b), in the Minister’s opinion represents the actuarially determined cost of providing for the benefits concerned after taking account of the individual Scheme member’s contributions, and

(b) does not exceed, by a multiple of 3, the individual Scheme member’s contributions.

(5) Subject to subsection (9), all contributions made under this section shall—

(a) be paid in such manner to, and

(b) be collected and disposed of for the benefit of the Exchequer by,

a relevant authority in such manner as the Minister may direct.

(6) Where the contributions made under this section have not been duly disposed of by the Scheme member or relevant authority concerned in accordance with a direction of the Minister under subsection (5), the Minister may recover the amount from that member or authority as a simple contract debt in any court of competent jurisdiction.

(7) If a relevant authority to whom subsection (5) relates fails or refuses to collect or dispose of contributions in accordance with a direction of the Minister under subsection (5) within 28 days after the service by post by the Minister of a notice on the relevant authority concerned requiring it to do so, the High Court may, on an application made to it by the Minister—

(a) make an order directing the authority to dispose of the contributions for the benefit of the Exchequer—

(i) in accordance with the direction of the Minister, or

(ii) as the Court otherwise directs,

within such time as may be specified in the order, and

(b) in relation to any shortfall in the amounts collected due to any refusal or failure of the authority to collect the contributions concerned, make an order directing the authority to make good that shortfall in such manner and at such time or times as the Court directs.

(8) An order of the High Court under subsection (7) may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

(9) Where this Part has been applied to the Central Bank of Ireland in accordance with section 6, then—

(a) contributions made under this section in respect of Scheme members who are employed by, or hold any office or other position in the Central Bank of Ireland shall be dealt with in such manner so as to ensure that those contributions are only available for the purposes of the payment of any pension or lump sum to or in respect of the service with the Central Bank of Ireland by such Scheme members, and

(b) the Central Bank of Ireland shall not be liable for any pension or lump sum in respect of any employment by, or holding of any office or other position in, a public service body other than the Central Bank of Ireland.