Planning and Development Act 2024

Superannuation of Planning Commissioners

526. (1) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make a scheme for the granting of superannuation benefits including pensions, gratuities or other allowances payable on retirement or death to or in respect of Planning Commissioners ceasing to hold office.

(2) A scheme under this section may provide that the termination of the appointment of a Planning Commissioner during that person’s term of office shall not preclude the award to him or her under the scheme of a superannuation benefit.

(3) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, amend or revoke a scheme made by him or her under this section.

(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 under this section, the dispute shall be submitted to the Minister who shall refer it to the Minister for Public Expenditure, National Development Plan Delivery and Reform, whose decision shall be final.

(5) A scheme under this section shall be carried out by the Governing Board in accordance with its terms.

(6) No superannuation benefit shall be granted by the Commission to or in respect of any person referred to in subsection (1) ceasing to hold office otherwise than in accordance with a scheme under this section.

(7) A scheme made under this section 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 .

(8) A scheme may be amended or revoked by a subsequent scheme made under this section.

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