Automatic Enrolment Retirement Savings System Act 2024

Chapter 3

Staff of Authority, engagement of consultants, advisers and service providers

Appointment of chief executive

25. (1) Subject to subsection (2), the Board shall, with the consent of the Minister, appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Act 1956 to be the chief executive of the Authority (in this Act referred to as the “chief executive”).

(2) The Minister may, before the establishment day, designate a person to be appointed as the first chief executive of the Authority.

(3) Where, immediately before the establishment day, a person stands designated under subsection (2), the person shall, on that day, stand appointed as the first chief executive of the Authority.

(4) The chief executive shall be a civil servant in the Civil Service of the State and shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances for expenses and superannuation) as may be determined, by the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(5) The chief executive shall not hold any other office or employment or carry on any business without the consent of the Board.

(6) The chief executive shall not be a member of the Board, but he or she shall be entitled, in accordance with procedures established by the Board or a committee of the Board, as the case may be, to attend meetings of the Board or committee and shall be entitled to speak at and give advice at such meetings.

(7) If the chief executive—

(a) dies, resigns or is removed from office, or

(b) is for any reason temporarily unable to continue to perform his or her functions,

the Board, with the approval of the Minister, may nominate such member or members of the staff of the Authority as it considers appropriate to perform the functions of the chief executive until—

(i) in the circumstances mentioned in paragraph (a), a new chief executive is appointed in accordance with this section, or

(ii) in the circumstances mentioned in paragraph (b), the chief executive is able to resume the performance of his or her functions.

(8) The chief executive may resign his or her office by notice in writing to the Minister, copied to the chairperson of the Board, and the resignation shall take effect on the date specified in the notice or the date on which the Minister receives the notice, whichever is later.

(9) References in this Act to the chief executive shall be construed as including references to a person nominated under subsection (7).