Ministerial and Parliamentary Offices Act, 1938

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Pensions to former holders οf secretarial offices.

16.—(1) Where a person, who does not hold a qualifying office on the date of the passing of this Act, held a secretarial office before that date and his pensionable service on that date is three years or more, such person shall become entitled on the date of the passing of this Act to a pension (in this Act referred to as a secretarial pension).

(2) Where—

(a) a person who holds a qualifying office on or after the date of the passing of this Act ceases to hold a qualifying office, and

(b) his pensionable service is on the date of such cesser three years or more, and

(c) such person is not on the date of such cesser entitled to a ministerial pension or a pension under sub-section (1) of this section or this sub-section,

such person shall on the date of such cesser become entitled to a pension (in this Act also referred to as a secretarial pension).

(3) A secretarial pension shall be at the following rates, that is to say:—

so long as the pensionable service of the person entitled thereto is less than four years, two hundred pounds per annum,

if and so long as such person's pensionable service is less than five years, but not less than four years, two hundred and thirty-three pounds six shillings and eight pence per annum,

if and so long as such person's pensionable service is less than six years, but not less than five years, two hundred and sixty-six pounds thirteen shillings and four pence per annum,

if and so long as such person's pensionable service is less than seven years, but not less than six years, three hundred pounds per annum,

in case such person's pensionable service is not less than seven years, three hundred and thirty-three pounds six shillings and eight pence per annum.

(4) For the purposes of this section—

(a) the number of years of pensionable service of a person shall be taken to be the result obtained by dividing the number of days of his pensionable service by the number three hundred and sixty-five, any fraction over being disregarded;

(b) the pensionable service of a person shall be the sum of each period which such person is entitled to reckon as a period of pensionable service under the subsequent provisions of this sub-section;

(c) each of the following periods shall in respect of any person be a period of pensionable service—

(i) if he held ministerial office before the 11th day of July, 1921, a period equal to twice the length of any period before that day during which he held ministerial office.

(ii) if he held ministerial office on or after the 11th day of July, 1921, any period commencing on or after that day during which he held ministerial office, subject however to this limitation, namely, that if he was during any period a member of the Cabinet in the Second Dáil Eireann or the Third Dáil Eireann and also a member of the Provisional Government, such period shall not be reckonable as a period during which he was both a member of such Cabinet and also a member of the Provisional Government,

(iii) any period during which he held any secretarial office.

(5) A secretarial pension shall, for the purposes of sub-section (1) of section 8 of the Military Service Pensions Act, 1924 (No. 48 of 1924), or sub-section (1) of section 20 of the Military Service Pensions Act, 1934 (No. 43 of 1934), be deemed not to be a pension or allowance payable out of public moneys.