Research and Innovation Act 2024
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Superannuation for members of staff of Agency | ||
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33. (1) The Agency may, with the approval of the Minister and the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make a scheme for the granting of superannuation benefits to or in respect of members of the staff, including the Chief Executive Officer, of the Agency (in this section referred to as a “scheme”). | ||
(2) A scheme shall not provide for the granting of superannuation benefits to or in respect of any person where the Single Public Service Pension Scheme applies to or in respect of that person by virtue of Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 . | ||
(3) A scheme shall fix the terms and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme and different terms and conditions may be fixed in respect of different classes of persons. | ||
(4) The Agency may, with the approval of the Minister and the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make a scheme amending or revoking a scheme, including a scheme under this subsection. | ||
(5) A scheme shall be carried out by the Agency in accordance with its terms. | ||
(6) A scheme shall include provision for appeals from a decision relating to a superannuation benefit under the scheme. | ||
(7) No superannuation benefits shall be granted by the Agency to or in respect of a person who is a member of a scheme on ceasing to be a member of the staff, including the Chief Executive Officer, of the Agency otherwise than— | ||
(a) in accordance with a scheme, or | ||
(b) with the approval of the Minister and the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform. | ||
(8) 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. | ||
(9) Subsection (8) shall, with all necessary modifications, apply to an amendment to a scheme or a revocation of a scheme as it applies to a scheme. | ||
(10) Any period of service by a person who— | ||
(a) immediately before the establishment day, is a member of the staff of the dissolved body and, on that day, becomes a member of the staff of the Agency, or | ||
(b) immediately before the effective date, is a member of the staff of An t dar s who is transferring to the Agency and, on that date, becomes a member of the staff of the Agency, | ||
which was a period of reckonable service for the purposes of a scheme for the granting of superannuation benefits to or in respect of the members of the staff of the dissolved body or such members of the staff of An t dar s, as the case may be, shall be regarded as a period of reckonable service for the purposes of a scheme under this section. | ||
(11) A scheme shall not provide for less favourable terms and conditions in respect of persons who immediately before the establishment day were members of the staff of the dissolved body, or who immediately before the effective date were members of the staff of An t dar s who are transferring to the Agency, than those terms and conditions to which they were entitled immediately before the establishment day or the effective date, as the case may be. | ||
(12) In this section— | ||
“effective date” has the meaning it has in section 64 ; | ||
“superannuation benefit” means a pension, gratuity or other allowance payable on retirement, resignation or death. |