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Provisions in respect of the pensions of members of the Board.
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3.—(1) Whenever a person to whom a pension (in this sub-section referred to as the first-mentioned pension) has been granted under the next preceding section is in receipt of a pension (in this sub-section referred to as the second-mentioned pension) in respect of service in any situation in a public department or under a local authority (whether the second-mentioned pension was granted before or after the grant of the first-mentioned pension), whichever of the following provisions is applicable shall apply and have effect, that is to say:—
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(a) if the second-mentioned pension equals or exceeds one-half of the salary by reference to which the amount of the first-mentioned pension was computed, the first-mentioned pension shall not be payable in respect of any period for which the second-mentioned pension is payable;
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(b) if the second-mentioned pension is less than one-half of the salary by reference to which the amount of the first-mentioned pension was computed, so much only of the first-mentioned pension shall be payable for any period in respect of which the second-mentioned pension is payable as is equal to the amount by which the second-mentioned pension falls short of one-half of the said salary.
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(2) Whenever a person to whom a pension has been granted under the next preceding section is employed in any situation in a public department or under a local authority and either of the following provisions is applicable, then whichever of those provisions is applicable shall apply and have effect, that is to say:—
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(a) during any period for which the yearly rate of such person's remuneration in the said situation equals or exceeds the salary by reference to which the said pension was computed, the said pension shall not be payable;
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(b) during any period for which the yearly rate of such remuneration is less than the said salary but is greater than the amount by which the said salary exceeds the said pension, so much only of the said pension shall be payable as is equal to the amount by which the yearly rate of such remuneration falls short of the said salary.
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(3) In this section the expression “situation in a public department” includes—
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(a) any situation which is remunerated wholly or partly out of moneys (other than a single grant or occasional grants not renewed from year to year) provided by the Oireachtas,
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(b) any situation which is a public office within the meaning of the Superannuation Act, 1892, or any enactment amending that Act, and
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(c) any situation in or under or as a paid member of a board or body established by or under any Act of the Oireachtas which the Minister for Finance by order declares to be a public department for the purposes of this section.
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