Sustainable Energy Act, 2002
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Superannuation of Chief Executive and staff. |
17.—(1) The Board may, with the approval of the Minister and the consent of the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of a person appointed as Chief Executive or members of the staff of the Authority. | |
(2) A scheme under subsection (1) shall fix the time and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons. | ||
(3) The Board may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection. | ||
(4) 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. | ||
(5) No superannuation benefits shall be granted by the Authority to or in respect of a person on ceasing to be Chief Executive or a member of the staff of the Authority otherwise than— | ||
(a) in accordance with a scheme or schemes under this section, or | ||
(b) with the consent of the Minister and the Minister for Finance. | ||
(6) A scheme under this section, including an amendment of a scheme, 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. | ||
(7) A scheme or schemes under subsection (1) shall, in so far as it concerns a person referred to in section 16 (1) provide for the granting to or in respect of him or her of superannuation benefits upon and subject to terms and conditions that are not less favourable to him or her than the terms and conditions that applied to that person immediately before their appointment as Chief Executive or a member of staff of the Authority in relation to the grant of such benefits. | ||
(8) In applying subsection (7), superannuation benefits that would have been granted to or in respect of a person during the period between his or her appointment as Chief Executive or to a position on the staff of the Authority and the coming into operation of a scheme under this section had he or she continued to be employed by Forfás shall be granted and paid to or in respect of that person by the Authority in accordance with the scheme or such enactments in relation to superannuation as applied to the person immediately before his or her appointment as Chief Executive or to a position as a member of the staff of the Authority and, for that purpose, his or her pensionable service shall be aggregated with his or her previous pensionable service in Forfás referred to in section 16 (1). |