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Oireachtas (Allowances To Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act, 1998

Amendment of Act of 1938—pro-rata pensions.

13.—The Act of 1938 is hereby amended—

(a) in section 13B (inserted by the Act of 1992) by the substitution in subsection (5)(b) of “shall be reckoned on a pro-rata basis” for “shall be disregarded”, and

(b) by the insertion of the following section after section 13B:

“Pro-rata pensions.

13C.—(1) This section applies to a person who—

(a) is in receipt of a pension that—

(i) is calculated in accordance with section 13D, 14 or 16 of this Act, and

(ii) is less than the pension payable to a person with not less than 8 years of pensionable service, and

(b) is not in receipt of a supplementary pension under section 13B of this Act.

(2) Where in calculating the original pension of a person to whom this section applies a fraction of a year was disregarded under section 14 (4)(b) or 16 (4)(a) of this Act, that person's pension under section 14 or 16, as appropriate, may be increased by an amount calculated in accordance with the formula—

F × (Z−Y) × S

_______

100

Where—

F is the fraction so disregarded;

Z is the percentage amount of appropriate salary which would have been payable under section 14 or 16 of this Act, as the case may be, if the person concerned had completed one further year of pensionable service;

Y is the percentage amount of the appropriate salary which is payable under section 14 or 16 of this Act;

S is the appropriate salary.

(3) In this section—

‘appropriate salary’, in relation to a person to whom this section applies, means the salary on the basis of which the person's pension is calculated under section 14 or 16 of this Act, as appropriate;

‘original pension’, in relation to a person to whom this section applies, means the pension to which that person was entitled under section 14 or 16 of this Act, as appropriate, on the operative date, or, if the person held a qualifying office on that date, the pension to which he would have been so entitled had he ceased to hold office on that date;

‘pensionable service’ means pensionable service within the meaning of section 14 or 16 of this Act, as appropriate.”.