S.I. No. 341/1979 - National Gallery of Ireland (Director) Pension Scheme, 1979.

S.I. No. 341 of 1979.

NATIONAL GALLERY OF IRELAND (DIRECTOR) PENSION SCHEME, 1979.

I, RAY MacSHARRY, Minister of State at the Department of the Public Service, in exercise of the powers conferred on me by section 2 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976), and the Public Service (Delegation of Ministerial Functions) Order, 1978 ( S.I. No. 117 of 1978 ), hereby make the following scheme:

1. This Scheme may be cited as the National Gallery of Ireland (Director) Pension Scheme, 1979.

2. This Scheme shall be deemed to have come into force on the 1st day of September, 1978.

3. In this Scheme—

"the Act of 1909" means the Superannuation Act, 1909;

"Director" means Director of the National Gallery of Ireland;

"the Minister of State" means the Minister of State at the Department of the Public Service.

4. (1) This Scheme applies to a person who—

( a ) is appointed to the office of Director both after the commencement of this Scheme and as a result of a public competition, and

( b ) was required for appointment to such office to have had, before appointment, a specified number of years of professional experience.

(2) ( a ) Subject to subparagraph (b) of this paragraph, Article 5 of this Scheme shall (in addition to applying to any person who is a person mentioned in paragraph (1) of this Article) apply for the following purpose to the person holding the office of Director at the commencement of this Scheme, namely, the computation of an additional allowance under section 1 (2) of the Act of 1909.

( b ) Article 5 of this Scheme, as applied by subparagraph (a) of this paragraph, shall have effect as if for all the words therein after "exceeding" there were substituted "ten years".

5. Where a person to whom this Scheme applies has served as Director for not less than ten years, then, subject to the provisions of this Scheme, there shall be added, if the Minister of State in his discretion so directs, to the service of the person as Director such notional period as the Minister of State directs not exceeding—

( a ) the number of years of professional experience which were required immediately before the appointment of the person to the office of Director in order to qualify for appointment thereto, or

( b ) ten years,

whichever is the lesser.

6. Where a notional period is added under this Scheme as respects a person, then, notwithstanding section 2 of the Superannuation Act, 1859 (as amended by section 1 of the Act of 1909, and section 2 of the Superannuation Act, 1954 (No. 14 of 1954)), and section 2 of the Act of 1909 (as amended by section 2 of the Superannuation Act, 1914), the superannuation allowance and the additional allowance, or the gratuity, as may be appropriate, of the person shall be computed as though his service as Director were increased by the notional period so added.

7. (1) Where a person to whom this Scheme applies (other than the person to whom Article 5 of this Scheme is applied by Article 4 (2) (a) hereof) is able to reckon previous service either under the Superannuation Acts, 1834 to 1963, or under section 67 of the Local Government (Superannuation) Act, 1956 (No. 10 of 1956), then, subject to paragraph (2) of this Article—

( a ) if the whole of such previous service can be counted as professional experience required to qualify for appointment to the office of Director, the whole thereof shall be deducted from any notional period otherwise falling to be added to his established service under Article 5 of this Scheme.

( b ) if part only of such previous service can be so counted, that part thereof shall be so deducted.

(2) Where—

( a ) a person to whom this Scheme applies—

(i) is entitled under section 67 of the Local Government (Superannuation) Act, 1956 , to reckon previous service in a position to which, at the time of his appointment, the Local Authorities (Officers and Employees) Act, 1926 (No. 39 or 1926), applied because the qualifications of that position were professional or,

(ii) is entitled to reckon under section 4 of the Superannuation and Pensions Act, 1963 (No. 24 of 1963), previous service in a position which, in the opinion of the Minister of State, was a professional position analogous to a position referred to in clause (i) of this subparagraph.

( b ) a specified number of years of professional experience prior to appointment was required as one of the qualifications necessary for appointment to such position, and

( c ) the aggregate of the periods referred to in subparagraphs (a) and (b) of this paragraph exceeds the notional period otherwise falling to be added under Article 5 of this Scheme,

then, in case the excess is equal to or greater than the previous reckonable service falling to be deducted under paragraph (1) of this Article, that paragraph shall not apply and, in any other case, it shall be taken as providing for the previous reckonable service being treated for the purposes of the paragraph as being reduced by the excess.

8. Where a person to whom this Scheme applies may, by virtue of subsection (1), (3) or (4) of section 6 of the Superannuation and Pensions Act, 1963 , have added to his established service in the Civil Service a notional period of such service, the notional period which, apart from this Article, may be added under this Scheme to his service as Director shall be reduced by a period equal to the notional period added under the said subsection (1), (3) or (4).

9. A notional period added under Article 5 of this Scheme shall, in case a person to whom this Scheme applies retires from the office of Director otherwise than because of permanent infirmity of mind or body before attaining the age of sixty five years, be reduced by the period by which his age at retirement falls short of sixty five years.

10. A notional period added under this Scheme shall not be such that it, together with the service reckonable in computing a superannuation allowance, exceeds 40 years.

Given under my hand this 15th day of October, 1979.

RAY MacSHARRY,

Minister of State at the Department

of the Public Service.

EXPLANATORY NOTE.

This Scheme provides for the grant of notional service for superannuation purposes to the Director of the National Gallery of Ireland.