Superannuation and Pensions Act, 1963

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Superannuation of whole-time members of Industrial Development Authority.

28.—(1) In this section “the Authority” means the Industrial Development Authority.

(2) (a) Where a person, after not less than ten years' pensionable service (including at least one continuous period of five years' pensionable service), ceases to be a member of the Authority—

(i) by the expiration of his term of office without re-appointment, or

(ii) by his resignation during his term of office either after he has attained the age of sixty years or on account of ill-health before attaining that age, he may, subject to the next paragraph, be granted a pension for his life calculated at the rate of one forty-eighth of his pensionable salary for each completed year of his pensionable service, subject to a maximum of twenty-four forty-eighths of his pensionable salary.

(b) Paragraph (a) of this subsection shall not apply in a case in which, the person having ceased to be a member of the Authority by the expiration of his term of office without re-appointment, the Minister for Industry and Commerce certifies that he would have been re-appointed but for his absence from all meetings of the Authority during a period of six months or for stated misconduct or that he refused to accept an appointment.

(3) Where a person dies during his term of office as a member of the Authority after not less than five years' pensionable service, his legal personal representative may be granted a gratuity of an amount equal to his pensionable salary.

(4) Where a person who on ceasing to hold office as a member of the Authority has been granted a pension dies when the amount of the payments in respect of the pension from such cesser to his death is less by any sum than his pensionable salary, his legal personal representative may be granted a gratuity equal to that sum.

(5) (a) In subsections (2) and (3) of this section “pensionable service” means service as a whole-time member of the Authority by a person who is under the age of sixty-five years, together with—

(i) in the case of a member of the Authority who attains that age during his term of office, such period of service, if any, as a whole-time member of the Authority (not exceeding three months) subsequent to the date on which he attains that age, and no more, as, when added to his pensionable service prior to that date, would complete a further year's pensionable service, and

(ii) in the case of a person who is a member of the Authority at the passing of this Act and who was first appointed as a member of the Authority on the 26th day of May, 1949, the period from the 12th day of June, 1953, to the 28th day of March, 1961.

(b) For the purposes of the foregoing paragraph, in the case of a member of the Authority with respect to whom no direction has been given under subsection (7) of section 4 of the Industrial Development Authority Act, 1950 , his service as a member of the Authority shall be deemed to be service as a whole-time member notwithstanding the fact that he holds, or has, whether before or after the passing of this Act, held, a position as a part-time member of the board of a body approved of for the purposes of this paragraph by the Minister and the Minister for Industry and Commerce.

(c) For the purposes of subsections (2), (3) and (4) of this section “pensionable salary” shall be computed in like manner as salary is computed for the purposes of the Superannuation Acts, 1834 to 1963.

(6) Subsections (2) to (5) of this section shall not apply to James Patrick Beddy or to a person in respect of whom an award under the Superannuation Acts, 1834 to 1963, other than those subsections, is capable of being made.

(7) (a) If James Patrick Beddy (hereafter in this subsection referred to as the existing chairman) is, at the passing of this Act, chairman of the Authority, he may, by notice in writing sent to the Minister for Industry and Commerce within three months after such passing, elect to adopt the provisions of this subsection.

(b) If the existing chairman makes the election referred to in the foregoing paragraph—

(i) the superannuation benefits payable to or in respect of him, on his ceasing to hold office as chairman of the Authority, shall be calculated on the basis provided for by paragraphs (c) to (e) of this subsection, and

(ii) paragraphs 3 to 11 of the Schedule to the Industrial Development Authority Act, 1950 , and the portion of the contract entered into with the existing chairman by the Minister for Industry and Commerce pursuant to subsection (5) of section 4 of that Act shall cease to have effect.

(c) For the purposes of the Superannuation Acts, 1834 to 1963, the existing chairman shall be deemed to be an established civil servant and his pensionable service, as defined in the next paragraph, shall be deemed to be established service.

(d) The pensionable service of the existing chairman for the purposes of this subsection shall be continuous service rendered prior to attaining the age of sixty-five years in the following capacities:

(i) as an established civil servant,

(ii) as an official of the Industrial Credit Company, Limited,

(iii) as chairman of the Authority.

(e) For the purposes of an award by virtue of this subsection, the existing chairman shall be deemed to have been in receipt from moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859 , of a salary equal to the total of the salary payable to him as chairman of the Authority and the salary payable to him as managing director of the Industrial Credit Company, Limited.

(8) Where an established civil servant is definitively transferred to the Authority as a member thereof, the superannuation benefits to be granted to him shall, if the Minister in his discretion so directs, be calculated in accordance with the provisions of the Superannuation Acts, 1834 to 1963, as if, during the period of his service as a whole-time member of the Authority subsequent to his transfer, he had been an established civil servant and had been paid during that period out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859 .

(9) Any award pursuant to this section shall be made by the Minister on the recommendation of the Minister for Industry and Commerce.

(10) Payments under an award made pursuant to this section shall be made out of the grants under section 7 of the Industrial Development Authority Act, 1950 , or, if the Minister for Finance so directs, out of moneys provided by the Oireachtas.

(11) (a) Whenever, a superannuation allowance or pension having become payable pursuant to this section, the pensioner receives any payments by way of remuneration out of public moneys, the superannuation allowance or pension shall be limited to such amount (if any) as, when added to the payments received by way of remuneration, does not exceed, in any period of twelve months, the annual remuneration which was payable to him as a member of the Authority or, if the pensioner is James Patrick Beddy, the total specified in paragraph (e) of subsection (7) of this section immediately before the superannuation allowance or pension commenced (or would have commenced but for not being in course of payment).

(b) The superannuation benefits payable pursuant to this section (whether by way of allowance, pension or death gratuity) shall be limited to the amount (if any) by which any other superannuation benefit, provided by means of a charge on public moneys and payable to or in respect of the relevant person to whom this section applies, falls short of—

(i) in the case of a pension awarded pursuant to subsection (2) of this section, one-half of either the pensionable salary for the purposes of that subsection or the salary by reference to which the other superannuation benefit was calculated, whichever is the greater,

(ii) in the case of a gratuity awarded pursuant to subsection (3) or subsection (4) of this section, either the pensionable salary for the purposes of that subsection or the salary by reference to which the other superannuation benefit was calculated, whichever is the greater,

(iii) in any other case, the amount payable under the Superannuation Acts, 1834 to 1963, on the retirement or death (as may be appropriate) of a civil servant with forty-five years' established service and a pensionable salary equal to either the salary by reference to which the award in respect of service as a member of the Authority was calculated or the salary by reference to which the other superannuation benefit was calculated, whichever is the greater.

(c) For the purposes of the foregoing paragraph the Minister may determine—

(i) the annual value of any allowance or lump sum, or

(ii) the lump sum equivalent to any superannuation allowance or pension,

payable from public moneys to a person to whom this section applies.

(12) A pension payable pursuant to this section shall not be capable of being charged or assigned.

(13) Payment of a pension payable pursuant to this section shall be subject to the making by the payee of a declaration in such form and at such times as the Minister may direct.

(14) (a) The Minister may determine that part of a payment in respect of an award payable pursuant to subsection (7) of this section shall be borne by the Industrial Credit Company, Limited.

(b) If the Minister makes a determination under the foregoing paragraph, he shall also determine the amount of the payment to be borne by the Industrial Credit Company, Limited, and that Company shall pay that amount to the Minister.

(c) Any amount paid to the Minister under this subsection shall be paid into or disposed of for the benefit of the Exchequer in accordance with the direction of the Minister.