Oireachtas (Allowances To Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act, 1998
|
Amendment of Act of 1938—ministerial and secretarial pensions. |
12.—Section 13A (inserted by the Act of 1992) of the Act of 1938 is hereby amended— | |
(a) in subsection (4) by the deletion of “Provided that any fraction of a year in the result obtained under paragraph (a) or (b) of this subsection shall be disregarded.”, | ||
(b) in subsection (5) by the substitution of the following paragraph for paragraph (a): | ||
“(a) A pension under this section shall be at the rate of 25 per cent. of the appropriate salary, plus 5 per cent. of the appropriate salary for each additional year of service in excess of 3 years, portions of a year being reckoned on a pro-rata basis, subject to a maximum of 7 such additional years.”, | ||
and | ||
(c) in subsection (5)(b) by the substitution of the following sub paragraph for subparagraph (ii): | ||
“(ii) as respects a secretarial pension— | ||
(I) in case the person concerned— | ||
(A) held a ministerial office on or after the 1st day of January, 1978, or | ||
(B) has served for not less than 3 years in a qualifying office, or in a number of such offices, other than an office which became a qualifying office by virtue of section 5 (1) of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1983 , | ||
the annual sum payable for the time being by way of salary to the holder of the office of Minister of State, | ||
(II) in any other case, the annual sum payable for the time being by way of salary in respect of the last qualifying office, other than a ministerial office, held by the person concerned, | ||
or, where greater, the weighted average of the salaries payable to the current holder of each of the qualifying offices held by the person concerned, calculated as follows: | ||
(C) the number of days for which the person concerned held a qualifying office shall be multiplied by the annual sum payable for the time being by way of salary to the holder of the qualifying office; | ||
(D) the sum of the results obtained in accordance with subclause (C) in relation to each qualifying office held by the person concerned shall be divided by the total number of days (subject to a maximum of 3,650 days) for which that person held a qualifying office: | ||
Provided that, for the purposes of subclause (C), the total number of days reckoned shall not exceed 3,650 days and time served in a qualifying office the current holder of which has a higher salary than the current holder of another qualifying office formerly held by the person concerned shall be reckoned before time served in the other qualifying office.”. |