Industrial Research and Standards Act, 1961
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Membership of either House of the Oireachtas by members, officers or servants of the Board. |
13.—(1) Where a member of the Board becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled under the Standing Orders of that House to sit therein, cease to be a member of the Board. | |
(2) Any person who is for the time being entitled under the Standing Orders of either of the Houses of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming a member of the Board. | ||
(3) Where a person who is either an officer or a servant in the employment of the Board becomes a member of either House of the Oireachtas— | ||
(a) he shall, during the period (in this section referred to as the secondment period) commencing upon his becoming entitled under the Standing Orders of that House to sit therein and ending either when he ceases to be a member of that House or if it should sooner happen, upon his resignation or retirement from such employment or upon the termination of such employment by the Board, stand seconded from such employment, | ||
(b) he shall not be paid by, or entitled to receive from, the Board any salary or wages, as the case may be, in respect of the secondment period, | ||
(c) if there is in force a scheme made in pursuance of section 35 of this Act and the scheme establishes a fund to which the Board and the person pay contributions— | ||
(i) the secondment period shall, for the purposes of the scheme, be deemed to be service of that person which is reckonable for superannuation benefits under the scheme if, but only if— | ||
(I) he was in the permanent employment of the Board and was a contributor under the scheme immediately before the commencement of the secondment period, | ||
(II) he elects, by notice in writing given to the Board within three months after the commencement of the secondment period, to pay contributions under the scheme in respect of the secondment period in accordance with the provisions of this section, and | ||
(III) he pays, at such times and in such manner as may be specified in accordance with the scheme, contributions under the scheme in respect of the secondment period equal in amount to the aggregate of the contributions which he would have paid and the contributions which the Board would have paid in respect of the secondment period if he had remained without secondment under this subsection in the service of the Board during the secondment period and had been in receipt of remuneration from the Board during that period, | ||
(ii) the Board shall not pay any contributions under the scheme in respect of the secondment period, but that part of the contributions payable by him as aforesaid which is equal to the amount of the contributions which the Board would have paid under the scheme in respect of the secondment period if he had remained without secondment under this subsection in the service of the Board during the secondment period and had been in receipt of remuneration from the Board during that period shall, for the purposes of the scheme, be deemed to have been paid by the Board, | ||
(iii) if the secondment period is terminated by his death or by his retirement from such employment, he shall, for the purposes of the scheme, be deemed to have died in or to have been retired from the service of the Board, as the case may be, and to have been in receipt of remuneration from the Board immediately before such death or retirement, as the case may be, | ||
(iv) if he does not pay or if, having paid contributions under the scheme in accordance with the provisions of this subsection, he ceases to pay contributions as aforesaid, he shall, for the purposes of the scheme, be deemed to have resigned from such employment— | ||
(I) in case he ceases to pay contributions as aforesaid, on the date of the last payment, and | ||
(II) in any other case, immediately before the commencement of the secondment period. | ||
(4) If a person who is or was an officer or servant of the Board becomes entitled to a pension under the Ministerial and Parliamentary Offices Acts, 1938 to 1952— | ||
(a) he shall not be entitled to reckon the whole or any part of his period of pensionable service, within the meaning of those Acts, for any superannuation benefits payable under a scheme made in pursuance of section 35 of this Act, | ||
(b) if he has paid any contributions in accordance with the provisions of subsection (3) of this section in respect of that period, so much thereof as is equal to the amount of the contributions which he would have paid in respect of that period under the scheme if he had remained without secondment under subsection (3) of this section in the service of the Board during that period and had been in receipt of remuneration from the Board during that period, shall be returned to him if and when a payment of benefit or a return of other contributions is made to him under the scheme. | ||
(5) A reference in subsection (3) or subsection (4) of this section to the receipt by any person of remuneration from the Board shall be taken as a reference to the receipt by that person of remuneration from the Board at the rate at which he was being remunerated by the Board on the last day of his whole-time employment with the Board before his secondment under subsection (3) of this section. | ||
(6) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming an officer or servant of the Board. |