S.I. No. 387/1979 - European Assembly (Irish Representatives) Pensions Scheme, 1979.

S.I. No. 387 of 1979.

EUROPEAN ASSEMBLY (IRISH REPRESENTATIVES) PENSIONS SCHEME, 1979.

I, Seoirse O Colla, Minister for the Public Service, in exercise of the powers conferred on me by section 4 of the European Assembly (Irish Representatives) Act, 1979 (No. 19 of 1979), hereby make the following scheme:

1. In this Scheme—

"appropriate age" means the age of 16 years, or, in case a child is receiving full-time education, the age not exceeding 21 years up to which the child is receiving such education;

"Assembly allowance" means an allowance payable under section 2 of the European Assembly (Irish Representatives) Act, 1979 (No. 19 of 1979);

"child" means a child who is the issue of, or was legally adopted during, the marriage of a member or former member;

"member" means a person who is an Irish representative in the Assembly;

"the Minister" means the Minister for the Public Service.

2. There shall be deducted from each Assembly allowance a contribution in relation to this Scheme at the rate of 6% per annum of the Assembly allowance.

3. (1) Subject to paragraphs (4), (5) and (6) of this Article, the Minister may pay to each person who—

( a ) has completed not less than eight years' service as a member, and

( b ) has ceased to be a member, and

( c ) has contributed in accordance with Article 2 of this Scheme,

a pension for his life not exceeding 1/ 40th of the amount of the Assembly allowance in respect of each completed year of service in the Assembly.

(2) The following provisios shall apply in relation to the calculation of length of service as a member:

( a ) the total number of days during which an Assembly allowance was payable to the member shall be divided by 365 in order to obtain the number of years of service referred to in paragraph (1) (a) of this Article, any fraction being disregarded;

( b ) for the purpose of determining the amount of a pension (but not for the purpose of determining whether or not a person is eligible for a pension under this Scheme) where the number of days referred to in subparagraph (a) of this paragraph is not a multiple of 365, if that number exceeds such a multiple by more than 182 days the excess shall for the purposes of this Scheme be regarded as a completed year.

(3) The amount of a pension under this Scheme shall be calculated having regard to the amount of the Assembly allowance payable to the member concerned immediately prior to his becoming eligible by cesser of membership of the Assembly for the pension.

(4) No pension shall be payable under this Scheme in respect of service in the Assembly in excess of 27 years, and in addition to the foregoing, the amount of pension in respect of the 27th year of service shall be 1/60th of the amount of the Assembly allowance.

(5) A pension payable under this Scheme, other than a pension which is so payable to a widow, shall, if the person entitled to such pension becomes entitled to sit in the Assembly, cease with effect from the date with effect from which the Assembly allowance payable to him commences.

(6) Where a person becomes entitled to a pension under this Scheme, he shall make application for such pension in such form as may from time to time be directed by the Minister.

(7) A pension under this Scheme will be payable as from the date upon which the person became entitled to it, if, but only if, such person applies to the Minister for such pension not later than six months after the date when he became so entitled. If a person so entitled otherwise applies to the Minister, he shall be entitled to a pension under this Scheme as and from the date of his application.

(8) (a) Subject to paragraph (9) of this Article, the Minister may pay to a widow—

(i) whose marriage to her husband took place before he ceased to be a member, and

(ii) whose husband was—

(A) in receipt of a pension under this Scheme, or

(B) a member with not less than 5 years' service as a member,

a pension until her widowhood ceases.

( b ) A pension under this paragraph shall not exceed the greater of—

(i) one-half of the pension which was payable to her husband under this Scheme on the date of his death or which would have been payable to him if he had ceased to be a member on such date, as may be appropriate,

or

(ii) in case a pension under this Scheme was not payable to her husband on such date, one-half of the pension which would have been payable to him under this Scheme on such date if he had then had eight years' service as a member,

together with an additional £75 per annum for each child (if any) under the appropriate age; provided that the total amount of the pension payable under this paragraph shall not exceed whichever of the following is the greater, namely:

(iii) the amount of the pension which was payable to her husband under this Scheme at the date of his death or which would have been payable to him if he had ceased to be a member on such date, as may be appropriate, or

(iv) in case a pension under this Scheme was not payable to her husband on such date, the amount of the pension which would have been payable to him under this Scheme on such date if he had then had eight years' such service.

(9) Where a widow was married to a member for less than a year prior to the date of his death and where there are no children of the marriage, the Minister may, at his discretion, direct that no pension be paid to her.

(10) The Minister may pay to each orphan either of whose parents was—

( a ) in receipt of a pension under this Scheme, or

( b ) a member with not less than 5 years' service as a member,

a pension of £150 per annum up to the appropriate age; provided that a pension payable under this paragraph shall not exceed the greater of—

( c ) one-half of the pension which was payable to such parent under this Scheme on the date of the parent's death or which would have been so payable if the parent had ceased to be a member on such date, as may be appropriate, or

( d ) in case a pension under this Scheme was not payable to such parent on such date, one-half of the pension which would have been payable to him under this Scheme on such date if he had then had eight years' such service,

but where both of an orphan's parents had been in receipt of a pension under this Scheme, or had had such service, then for the purposes of this Scheme, regard shall be had, and shall only be had, to the greater of the two pensions.

(11) Subject to paragraphs (12) and (13) of this Article, where after the award of a pension under this Scheme the rate per annum of an Assembly allowance is increased, the pension may be increased by an amount which would be appropriate if the pension were to be computed by reference to the said increased rate per annum.

(12) An increase in pension under paragraph (11) of this Article shall apply only where—

( a ) the member to whom the pension is paid has completed not less than 12 years' service as a member, or

( b ) such member is at least 55 years of age, or

( c ) such member is, in the opinion of the Minister, precluded from earning a livelihood by reason of permanent disability, or

( d ) the pension is payable under paragraph (8) of this Article.

(13) An increase in pension under this Scheme shall not be made unless a corresponding increase is applied to a pension payable under the scheme for pensions for members of the Oireachtas which is for the time being in force, and an increase under this Scheme shall not have effect on and from a day which is earlier than the date on and from which such corresponding increase is so applied.

4. Payment of a pension under this Scheme shall be subject to the making by the person claiming such pension of a declaration in such form as the Minister may consider necessary and at such time as the Minister may require.

5. Every assignment of or charge on, and every agreement to assign or charge, a pension payable under this Scheme shall be void and on the bankruptcy of any person entitled to a pension the pension shall not pass to any trustee or other person acting on behalf of the creditors.

6. If a person entitled to receive a pension under this Scheme becomes incapable of giving a receipt for payments thereof, or if an orphan is entitled to receive a pension under this Scheme, such pension or any part thereof may be paid at the discretion of the Minister to the Treasurer of any institution in which such person may be or to such other person or persons as the Minister in his absolute discretion shall think fit for the benefit of such person or his dependants (if any).

7. This Scheme may be cited as the European Assembly (Irish Representatives) Pensions Scheme, 1979.

GIVEN under my Official Seal, this 7th day of December, 1979.

SEOIRSE Ó COLLA,

Minister for the Public Service.

EXPLANATORY NOTE

This scheme makes provision for the payment of pensions to or in respect of Irish representatives in the European Assembly.