38. (1) Subject to subsection (11), the IANS 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 IANS 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 by the IANS under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by the IANS in accordance with its terms.

(5) Superannuation benefits granted under schemes under this section to persons who, immediately before the vesting day, were members of the staff of the IAA, and the terms and conditions relating to those benefits, shall not be less favourable to those persons than those to which they were entitled immediately before that day.

(6) No superannuation benefit shall be granted by the IANS nor shall any other arrangements be entered into by the IANS for the provision of such a benefit to or in respect of a member of the staff of the IANS otherwise than in accordance with a scheme under this section or a scheme for the granting of superannuation benefits to or in respect of a member of staff of the IAA established pursuant to the Act of 1993.

(7) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable pursuant to a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Public Expenditure and Reform, for determination by him or her.

(8) Where, in the period beginning on the vesting 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 who was transferred to the staff of the IANS under section 37, the benefit shall be calculated by the IANS in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the vesting day and, for that purpose, his or her pensionable service with the IANS shall be aggregated with his or her previous pensionable service and shall be paid by the IANS out of the fund established under subsection (9).

(9) The IANS shall, as soon as may be after the vesting day, establish a fund administered by trustees who shall be appointed by the IANS from which superannuation benefits payable under a scheme under this section shall be paid.

(10) 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.

(11) A scheme prepared and submitted under this section shall not provide for the granting of superannuation benefits to or in respect of any person where the Single Public Service Pension Scheme applies to that person by virtue of Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.