Child and Family Agency Act 2013

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Superannuation

54. (1) As soon as may be the Agency shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of—

(a) persons who were accepted into its employment in accordance with section 73 or 83 ,

(b) such other members of its staff (including the chief executive officer), other than persons to whom the Single Public Service Pension Scheme applies by virtue of Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 , as it considers appropriate, and

(c) former members of the staff of a dissolved body (other than those who were accepted into the employment of the Agency in accordance with section 73 ), including those who are deceased.

(2) Every scheme will 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 terms may be fixed in respect of different classes of persons.

(3) The Agency may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section.

(4) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by the Agency in accordance with its terms.

(5) A scheme under this section shall make provision for appeals.

(6) A superannuation benefit shall not be granted by the Agency to or in respect of any of its staff (including the chief executive officer) who are members of a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office other than in accordance with such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform.

(7) (a) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a scheme under subsection (1) shall, as respects—

(i) a person accepted into the employment of the Agency in accordance with section 73 or 83 , or

(ii) a former member of the staff of a dissolved body referred to in paragraph (c) of subsection (1),

provide for the granting to or in respect of him or her of superannuation benefits upon and subject to such terms and conditions as are not less favourable to him or her than the terms and conditions in relation to the grant of such benefits that applied to him or her immediately before the establishment day.

(b) Any period of service by a person as a member of the staff of a dissolved body which was a period of reckonable service for the purposes of a scheme for the granting of superannuation benefits to or in respect of members of the staff of a dissolved body shall be regarded as a period of reckonable service for the purposes of any scheme under subsection (1).

(8) (a) 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 accepted into the employment of the Agency in accordance with section 73 or 83 , the benefit shall be calculated and paid by the Agency in accordance with such scheme, arrangements or enactments in relation to superannuation, as applied to the person immediately before the establishment day and, for that purpose, his or her pensionable service with the Agency shall be aggregated with his or her previous pensionable service.

(b) 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 (including a person who is deceased) who was a member of the staff of a dissolved body but was not accepted into the employment of the Agency in accordance with section 73 or 83 , the benefit shall be calculated and paid by the Agency in accordance with such scheme, arrangements or enactments in relation to superannuation, as applied to the person immediately before the establishment day.

(9) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House within the next 21 days on which that House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.

(10) In this section “superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.