Transport Act, 1950
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SECOND SCHEDULE. Superannuation of Members of the Board. | ||
Section 7 (3). | ||
Superannuation benefits. | ||
1. (1) For the purposes of this paragraph— | ||
(a) the word “member” means a member of the Board; | ||
(b) the yearly salary of a member shall be taken to be his average yearly salary as such member during the period of three years expiring on the date of the cesser of his membership or of his death, as the case may be; | ||
(c) the expiration of the term of office of a member followed by his reappointment (whether actually made before, on, or after such expiration) to membership for a term beginning on the date, or on the day after the date, of such expiration shall not constitute a break in the continuity of his membership of the Board. | ||
(2) Where a member required by the terms of his appointment to devote the whole of his time to his duties as such member ceases, after not less than ten years of continuous whole-time membership or after two or more periods (whether continuous or discontinuous) of whole-time membership which amount in the aggregate to not less than ten years and include at least one term of office of five years as a whole-time member of the Board, to be a member by expiration of his term of office without re-appointment or by resignation during his term of office after he has attained the age of sixty years or on account of ill-health before attaining that age, the Board may grant to such member a pension for life of an amount per annum calculated at the rate of one forty-eighth of the yearly salary of such member for every completed year of whole-time membership of the Board, but subject to a maximum of twenty forty-eighths of such yearly salary. | ||
(3) Where a member dies during his term of office after a period of not less than five years' continuous whole-time membership ending at his death, the Board may grant and pay to his legal personal representatives a gratuity of an amount equal to the yearly salary of such member. | ||
(4) Where a person to whom a pension is granted under subparagraph (2) of this paragraph dies at such time after the cesser of his membership that the amount of such pension for the period from the date of such cesser to the date of his death is less than his yearly salary as a member, the Board may grant and pay to his legal personal representatives a gratuity of an amount equal to the sum by which the said amount of such pension for the said period falls short of the said yearly salary. | ||
Superannuation benefits applicable to T. C. Courtney, if appointed first chairman of the Board. | ||
2. (1) For the purposes of this paragraph— | ||
(a) the expression “the Superannuation Acts” means the Superannuation Acts, 1834 to 1947; | ||
(b) the word “chairman” means chairman of the Board; | ||
(c) the expression “the designated person” means Thaddeus C. Courtney; | ||
(d) the expression “pensionable service”, in relation to the designated person, means the sum of the following— | ||
(i) any period of service before the 18th day of February, 1949, which is, as respects him, reckonable for the purposes of the Superannuation Acts, | ||
(ii) his service with Córas Iompair Éireann (1945), and | ||
(iii) his service with the Board; | ||
(e) the yearly salary of the designated person shall be taken to be the average yearly salary received by him during the period of three years expiring on the date of his ceasing to be chairman or his death, as the case may be, and, where that period includes a period of service in the Civil Service, account shall be taken, in determining his average yearly salary, of his pensionable salary for the purposes of the Superannuation Acts as on the 17th day of February, 1949. | ||
(2) The subsequent subparagraphs of this paragraph shall apply if, but only if, the designated person becomes the first chairman. | ||
(3) Paragraph 1 of this Schedule shall not apply to the designated person. | ||
(4) If— | ||
(a) the designated person, while chairman, resigns that office on or after attaining the age of sixty five years, or | ||
(b) the designated person, while chairman, resigns on the grounds of ill-health, that office before attaining the age of sixty five years and his resignation is accepted by the Government, or | ||
(c) the designated person— | ||
(i) ceases to be chairman by reason of the expiration of his period of office, and | ||
(ii) is not re-nominated chairman, and | ||
(iii) has at the date of such cesser attained the age of sixty years but not the age of sixty five years, and | ||
(iv) does not return to the Civil Service, | ||
then, the Board may grant to him— | ||
(I) a pension for life of an amount per annum calculated at the rate of one-eightieth of his yearly salary for every completed year of his pensionable service, but subject to a maximum of one half of his said yearly salary, | ||
(II) a gratuity of an amount equal to one-thirtieth of his yearly salary multiplied by a number equal to the number of completed years of his pensionable service, subject to a maximum of one and a half times the amount of his yearly salary, | ||
and, if the Board does so, no superannuation allowance or additional allowance or gratuity shall be payable to him under the Superannuation Acts. | ||
(5) If the designated person dies while chairman, the Board may grant and pay to his legal personal representatives a gratuity of an amount equal to his yearly salary and, if the Board does so, no gratuity shall be payable to his legal personal representatives under section 2 of the Superannuation Act, 1909 or under that section as amended by section 2 of the Superannuation Act, 1914. | ||
(6) If the designated person, having been granted a pension under subparagraph (4) of this paragraph, dies at such time after ceasing to be chairman that the amount of such pension for the period from the date of such cesser to the date of his death is less than his yearly salary, the Board may grant and pay to his legal personal representatives a gratuity of an amount equal to the sum by which the said amount of such pension for the said period falls short of his yearly salary. | ||
(7) If the designated person— | ||
(a) ceases to be chairman by reason of the expiration of his period of office, and | ||
(b) is not re-nominated chairman, and | ||
(c) has at the date of such cesser not attained the age of sixty five years, and | ||
(d) returns to the Civil Service, | ||
then, for the purposes of the Superannuation Acts— | ||
(i) his service with Córas Iompair Éireann (1945) and the Board shall be deemed to be established service, | ||
(ii) the salary received in respect of that service shall be deemed to have been paid from moneys voted by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859. | ||
Provisions in relation to pensions under paragraph 1 or 2. | ||
3. (1) In this paragraph, the expression “situation in a public department” includes— | ||
(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, | ||
(b) any situation which is a public office within the meaning of the Superannuation Act, 1892 , or any enactment amending that Act, | ||
(c) any situation in or under or as a paid member of a board or body established by or under any Saorstát Éireann statute or Act of the Oireachtas which the Minister for Finance declares by order to be a public department for the purposes of this Schedule. | ||
(2) Whenever a person to whom a pension has been granted under paragraph 1 or 2 of this Schedule 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— | ||
(i) 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, | ||
(ii) 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. |