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SCHEDULE.
Particular matters to be provided for in schemes under section 16.
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Section 17.
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1. Subject to the provisions of this Schedule, a pension and a gratuity shall be provided for a person on—
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(a) the cesser of his membership of the Board by the expiration of his term of office without reappointment, unless the Government certifies that he would have been reappointed but for his absence from all meetings of the Board during a period of six months or for stated misconduct or incapacity or that he refused to accept reappointment,
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(b) his resignation during his term of office either after he has attained the age of sixty years or on account of ill-health before he attains that age,
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(c) his removal from office under section 5 of the Principal Act, unless the Government certifies that he was removed from office because he was absent from all meetings of the Board during a period of six months or for stated misconduct or incapacity.
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2. Where a person dies during his term of office as a member of the Board after not less than five years' pensionable service, the personal representative of that person shall be granted and paid a gratuity (in this Schedule referred to as a death gratuity) of an amount equal either to the retiring salary of that person or the gratuity which would have been granted and paid to that person if he had resigned from office on account of ill-health on the day of his death, whichever is the greater.
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3. If a person who on ceasing to hold office as a member of the Board has been granted a pension or a pension and a gratuity by the Board dies at a time when the amount of the payments made to him on foot of the pension from the time of such cesser to the date of his death or the combined amounts of such payments and of the gratuity, as the case may be, is less by any sum than the amount of the death gratuity which would have been granted to his personal representative if he had died immediately before such cesser, the Board shall pay a gratuity equal to that sum to his personal representative.
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4. A pension or gratuity, other than a death gratuity, shall not be provided for or in respect of a person unless the period of his pensionable service is not less than ten years.
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5. In reckoning periods of pensionable service fractions of a year shall be disregarded.
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6. The amount of a pension payable to any person shall not exceed one-half of the retiring salary of that person.
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7. (1) Whenever the amount of a pension granted by the Board to any person exceeds the amount which would have been payable if it had been calculated at the rate of one-eightieth of the retiring salary of that person for every completed year of his pensionable service, no gratuity shall be payable to that person by the Board.
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(2) The amount of a gratuity (including a death gratuity) shall not exceed one and one-half times the retiring salary of the person to whom it is granted.
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8. A pension shall not be capable of being charged or assigned.
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9. Whenever a person to whom a pension has been granted by the Board is incapable of giving a receipt for any sum payable on foot thereof, the sum may be paid, at the discretion of the Board, either to such other person as the Board may think fit, or to any institution having care of the person to whom the pension has been granted.
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10. Whenever a person to whom a pension has been granted by the Board is employed in any situation remunerated out of moneys provided by or out of one or more of the following, namely, the Board, the Oireachtas, the Central Fund, a local authority or a board or body established by or under an Act of the Oireachtas or an Act of the Oireachtas of Saorstát Éireann—
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(a) in case the remuneration of that person in that situation in respect of any period of twelve months equals or exceeds the annual rate of his salary on the date on which he ceased to hold office as a member of the Board, the pension shall not be payable in respect of that period, and
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(b) in any other case, the amount of the pension shall, in respect of any period of twelve months for which the sum thereof and of the remuneration in respect of that period exceeds the annual rate of the salary of that person on the date on which he ceased to hold office as a member of the Board, be reduced by the amount of the excess.
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11. Whenever a person to whom a pension has been granted by the Board has been granted, whether before or after the grant of the pension by the Board, a pension (in this paragraph referred to as the second pension) in respect of service in a situation referred to in the immediately preceding paragraph—
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(a) if, in respect of any period, the amount of the second pension equals or exceeds one half of the retiring salary of that person, the pension shall not be payable in respect of that period,
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(b) if, in respect of any period, the amount of the second pension is less than one half of the retiring salary of that person and the amounts of the pension and the second pension in respect of that period together exceed by any sum one half of the retiring salary of that person, the amount of the pension shall be reduced in respect of that period by that sum.
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12. (1) In this Schedule—
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“pensionable service” means—
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(a) service as a whole-time member of the Board by a person who is under the age of sixty-five years, together with, in the case of a member of the Board who attains that age during his term of office, such period of service, if any, as a whole-time member of the Board (not exceeding three months) subsequent to the date on which he attains that age, and no more, as, when added to his pensionable service prior to that date would complete a further year's pensionable service, and
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(b) such service (if any) as may be prescribed by the Minister with the consent of the Minister for Finance in such situation or situations (if any) as may be prescribed by the Minister with the like consent;
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“pensionable yearly salary” means, in relation to a member of the Board, the yearly salary of the member but does not include payments in respect of expenses, gratuities, bonuses or other special or exceptional payments to the member;
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“retiring salary” means, in relation to a member of the Board, his average pensionable yearly salary during the period of three years ending on the date on which his pensionable service ends.
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(2) References in this Schedule to the amount of a pension shall be construed as references to the annual amount of the pension.
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