S.I. No. 70/1987 - Ombudsman Superannuation Scheme, 1987.

I, JOHN BRUTON, Minister for the Public Service, in exercise of the powers conferred on me by section 3 (2) of the Ombudsman Act, 1980 (No. 26 of 1980), hereby make the following scheme:

1 Title

1. This Scheme may be cited as the Ombudsman Superannuation Scheme, 1987.

2 Commencement and Application

2. This Scheme shall be deemed to have come into operation on the 1st day of January, 1984.

3 Definitions

3. In this Scheme—

"member" means a person who holds or has held the office of Ombudsman;

"Minister" means the Minister for the Public Service;

"salary", in relation to a member, means the basic rate of remuneration of the member excluding any sums paid in respect of special fees, gratuities, pensionable allowances, travelling allowances, subsistence allowances and the like, the money equivalent of any emolument or benefit in kind (including the use or provision or payments in respect of a motor car or other vehicle) or any payment in respect of such emoluments;

"pensionable allowances", in relation to a member, means such allowances in the nature of pay as are designated by the Minister as pensionable but excluding any sums paid in respect of special fees, gratuities, travelling allowances, subsistence allowances and the like, the money equivalent of any emolument or benefit in kind (including the use or provision or payments in respect of a motor car or other vehicle) or any payment in respect of such emoluments;

"pensionable remuneration", in relation to a member, means the aggregate of the amount of the annual salary of the member on the date of his retirement and the annual average of any pensionable allowances paid to him during his last 3 years of pensionable service;

"pensionable service", in relation to a member, means the aggregate of—

(a) the period of actual service as Ombudsman of the member while the member was under 67 years of age,

(b) in case the aggregate of the actual service of the member as Ombudsman, and any notional period of pensionable service of the member referred to in clauses (c) or (d) of this subparagraph, is less than 15 years, any years purchased by the member under subparagraph 3 of paragraph 4 of this Scheme,

(c) in case payments of an amount in respect of superannuation rights of the member in a former employment are made to the Minister by the employer concerned, such notional period of pensionable service as could be purchased under subparagraph 3 of paragraph 4 of this Scheme for that amount, and

(d) in case the member held an office or employment which was remunerated out of the Central Fund or moneys provided by the Oireachtas or moneys raised by local taxation or in or under or as a paid member of a body established by or under statute, such period of pensionable service (if any) as may be determined for the purposes of this Scheme by the Minister having regard to the nature and duration of the employment;

"personal representative" has the meaning assigned to it by the Succession Act, 1965 (No. 27 of 1965).

Where the pensionable service of a member consists of a year or number of years together with a day or number of days, the day or number of days shall, for the purpose of this Scheme, be expressed by the fraction A/365, where A is the day or number of days.

References in this Scheme, in relation to pensionable service, to years shall be taken as including, where appropriate, references to years and a fraction of a year.

4 Benefits

4. (1) A member who—

(a) having completed at least 5 years' actual service as Ombudsman and being aged 67 years, retires from that office, or

(b) so retires on medical grounds in accordance with paragraph 6 of this Scheme, or

(c) having held office as Ombudsman for not less than 6 years and being eligible and available for reappointment to that office, is not reappointed thereto, or

(d) retires or resigns from the office of Ombudsman having completed not less than 15 years' actual service as Ombudsman and being aged 65 years or more,

shall be awarded and paid by the Minister a pension of an amount per annum calculated at the rate of 1/30th of the amount of his pensionable remuneration for each year of his pensionable service, subject to a maximum of 15/30ths, and a gratuity of an amount calculated at the rate of 1/20th of the amount of his pensionable remuneration for each year of his pensionable service, subject to a maximum of 15/20ths:

provided, however, that in the case of a member who, having held office as Ombudsman for only one term of 6 years and being eligible and available for reappointment to the office for a second such term, is not reappointed, the amount of the gratuity aforesaid shall be equal to ½ of the amount of his pensionable remuneration.

(2) (a) If a member dies while holding the office of Ombudsman, his personal representative shall be paid by the Minister a gratuity of an amount equal to the amount of his pensionable remuneration on his last day of paid service as Ombudsman.

(b) If a member who has been awarded a pension and a gratuity under this Scheme dies and the total paid or payable on foot of the pension and gratuity is less by any amount than the gratuity which would have been paid to his personal representative if he had died on the date on which he ceased to hold office as Ombudsman, his personal representative shall be paid by the minister a gratuity of an amount equal to the amount aforesaid.

(3) A member may purchase a notional period of pensionable service on and subject to such terms and conditions as, in the opinion of the Minister, correspond with those approved of by the Minister on and subject to which a person holding an office or employment—

(a) which is remunerated out of the Central Fund or moneys provided by the Oireachtas or moneys raised by local taxation, or

(b) in or under or as a paid member of a body established by or under statute,

may purchase a notional period of pensionable service.

5 Preservation of Benefits

5. (1) (a) A member who has completed at least 5 years' actual service as Ombudsman and who resigns from the office of Ombudsman before reaching the age of 67 years or does not accept an offer of reappointment to that office and is not eligible for an award under subparagraph 1 of paragraph 4 of this Scheme shall, on reaching the age of 67 years, be awarded and paid by the Minister a pension calculated in accordance with subparagraph 2 of this paragraph and a gratuity calculated in accordance with subparagraph 3 of this paragraph (which pension and gratuity are referred to in this Scheme as "a preserved pension" and "a preserved gratuity", respectively) if, but only if—

(i) he does not receive any other superannuation benefit in respect of that service, and

(ii) that service is not reckoned for superannuation purposes by him in another employment under arrangements standing approved of by the Minister at the time when the pension and gratuity fall to be awarded.

(b) If a member referred to in clause (a) of this subparagraph dies before attaining the age of 67 years, a sum (in this Scheme referred to as "a preserved death gratuity") shall be paid to the member's personal representative by the Minister in respect of him.

(c) A preserved pension and a preserved gratuity shall be paid to the member concerned by the Minister on application being made to him in that behalf by the member at any time after the member reaches the age of 67 years and a preserved death gratuity shall be paid to the personal representative of the deceased member concerned by the Minister on application being made to him in that behalf by the personal representative.

(2) A preserved pension of a member shall be of an amount equal to—

where—

A is the number of years of pensionable service of the member subject to a maximum of 15 years, and

B is the amount of the pensionable remuneration of the member at the date of his ceasing to hold the office of Ombudsman increased by an amount proportionate to the amount of any increases of pensions under paragraph 8 of this Scheme taking effect between the date of such cesser and the date on which the member reaches the age of 67 years.

(3) a preserved gratuity or preserved death gratuity of or in respect of a member shall be of an amount equal to—

where—

A is the number of years of pensionable service of the member subject to a maximum of 15 years, and

B is the amount of the pensionable remuneration of the member at the date of his ceasing to hold the office of Ombudsman increased by an amount proportionate to the amount of any increases of pensions under paragraph 8 of this Scheme taking effect between the date of such cesser and the date on which—

(a) the member reaches the age of 67 years, in the case of a preserved gratuity, or

(b) the member dies, in the case of a preserved death gratuity.

6 Retirement on Medical Grounds

6. Where a member retires from the office of Ombudsman on medical grounds, a benefit under subparagraph 1 or 2 of paragraph 4 of this Scheme shall be awarded to or in respect of the member if, but only if, the following conditions are complied with:

(a) medical evidence shall be supplied by or on behalf of the member to the Minister that is such as to enable the Minister to be satisfied that the member is incapable from infirmity of mind or body of discharging the duties of the office of Ombudsman and that that infirmity is likely to be permanent,

(b) the member shall, if requested by the Minister to do so, undergo a medical examination by a registered medical practitioner nominated by the Minister,

(c) the retirement must be wholly due to the infirmity,

(d) the infirmity must not have been caused by the wilful neglect by the member of his health or by behaviour or conduct by the member over a period of time that was likely so to damage his health as to render him incapable of performing adequately the functions of the Ombudsman,

(e) the member must not—

(i) have made a false declaration to the Minister about his health, or

(ii) have suppressed a material fact about his health in connection with his appointment to the office of Ombudsman.

7 Payment of Pension or Preserved Pension

7. Pensions and preserved pensions payable under this Scheme shall be paid monthly in arrears and shall continue throughout the life of the member concerned in respect of the period beginning, in the case of a preserved pension, on the date on which the member reaches the age of 67 years and, in any other case, on the date on which he ceases to hold the office of Ombudsman and is eligible for an award under paragraph 4 of this Scheme.

8 Pensions Increases

8. Pensions and preserved pensions payable under this Scheme shall be increased by such amounts as may be authorised from time to time by the Minister.

9 Forfeiture of Pension

9. A pension under this Scheme shall cease to be payable if the member concerned is convicted on indictment of any offence and is sentenced to penal servitude or to any term of imprisonment exceeding 12 months; but the Minister may, at any time, if he thinks proper, restore the pension either in whole or in part.

10 Conditions Governing Awards

10. Payments of pension or preserved pension under this Scheme shall be subject to the making by the member concerned of the declaration required by section 5 of the Appropriation Act, 1962 (No. 19 of 1962).

11 Proof of Age

11. A member shall submit evidence of his date of birth on entry into the Scheme or before any payment of benefit under this Scheme is made.

12 Assignments

12. A pension or preserved pension under this Scheme shall not be assigned or charged. If a member becomes incapable of giving a receipt for payments due in respect of such pension or preserved pension, the Minister may make the payments in whole or in part to such persons, including the persons in charge of any institution having care of the member, as the Minister thinks fit, and the Minister shall be discharged from all liability in respect of any sum so paid.

13 Disputes

13. If any dispute arises as to the entitlement of a person to, or the amount of, any pension or gratuity payable in pursuance of this Scheme, the dispute shall be submitted to the Minister whose decision thereon shall be final.

GIVEN under my Official Seal, this 3rd day of March, 1987.

JOHN BRUTON,

Minister for the Public Service.

EXPLANATORY NOTE.

This scheme provides for the superannuation benefits of a person who holds or has held the office of Ombudsman.