National Cultural Institutions Act, 1997
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Superannuation. |
33.—(1) A Board shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Board as it may think fit. | |
(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons. | ||
(3) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section. | ||
(4) A scheme submitted by a Board under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Board in accordance with its terms. | ||
(5) Superannuation benefits granted under schemes under this section to persons who, immediately before the establishment day, were members of the staff of the Minister and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled immediately before that day. | ||
(6) No superannuation benefit shall be granted by a Board nor shall any other arrangements be entered into by the Board for the provision of such a benefit to or in respect of a member of the staff of the Board otherwise than in accordance with a scheme under this section or with the consent of the Minister and the Minister for Finance. | ||
(7) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final. | ||
(8) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the staff of a Board under section 30 or 31 , the benefit shall be calculated by the Board in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the establishment day or such day as may be specified by the Minister pursuant to section 31 (1) and, for that purpose, his or her pensionable service with the Board shall be aggregated with his or her previous pensionable service and shall be paid by the Board. | ||
(9) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. |