Courts (Supplemental Provisions) (Amendment) Act, 1991

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Restrictions with respect to pensions that may be provided by regulations under section 5 .

6.—(1) Regulations under section 5 of this Act shall not provide for the grant of a pension mentioned in subsection (1) (a) or (1) (b) of that section—

(a) to or in respect of a judge or justice otherwise than—

(i) in the case of a judge of the Supreme Court or High Court, on his having reached 72 years of age or, in the case of a judge of the Circuit Court, 70 years of age, or in the case of a justice, 65 years of age, or

(ii) where, in the case of a judge, 15 years have elapsed since—

(I) the date of his appointment to the office which he vacated, or

(II) the date of his appointment to the first office in which he served (where his service consists of service in more than one office),

on his having reached not less than 65 years of age, or

(iii) upon his death; and

(b) to or in respect of a person holding the office of Master of the High Court, Taxing Master or county registrar otherwise than on his having reached 65 years of age or upon his death.

(2) Notwithstanding the provisions of subsection (1) of this section as to age or lapse of time, where a judge, justice or officer to whom regulations made under section 5 (1) (a) or (1) (b) of this Act apply—

(a) becomes ill after vacating or ceasing to hold office, and

(b) the Minister, after consultation with the Minister for Justice, decides that, had the judge, justice or officer continued in office, his illness would have been the occasion of his vacating or ceasing to hold office,

then the Minister may, if he thinks it just and equitable in all the circumstances so to do, authorise the grant to him of a pension referred to in subsection (1) of this section.

(3) Any grant of a pension authorised by the Minister under subsection (2) of this section shall—

(a) take effect from the date on which the decision referred to in paragraph (b) of that subsection is made, and

(b) be deemed to be made pursuant to regulations made under section 5 (1) (a) or (1) (b) (as the case may be) of this Act.

(4) Regulations under section 5 (1) (c) or (1) (d) of this Act shall not provide for the purchase of such notional service as would entitle a judge, justice or officer (as the case may be) to a pension exceeding two-thirds of his remuneration.

(5) (a) Subsection (6) of section 46 of the Principal Act (which provides that the payment of a pension under that Act to a judge or justice shall abate, in whole or in part, in certain circumstances) is hereby amended by the insertion after “in receipt of a pension under this Act” of “or under regulations made pursuant to section 5 (1) (a) of the Courts (Supplemental Provisions) (Amendment) Act, 1991,”.

(b) Subsection (2) of section 57 of the Principal Act (which provides that the payment of a pension under that section to a Master of the High Court, Taxing Master or county registrar shall abate, in whole or in part, in certain circumstances) is hereby amended by the insertion after “in receipt of a pension under this section” of “or under regulations made pursuant to section 5 (1) (b) of the Courts (Supplemental Provisions) (Amendment) Act, 1991,”.