Consumer Protection Act 2007
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Superannuation. |
36.— (1) The Agency may, with the approval of the Minister given with the consent of the Minister for Finance, make such provision as it considers appropriate in relation to the superannuation of persons appointed under section 34 or transferred to the Agency under section 35 . | |
(2) The Agency may, with the approval of the Minister given with the consent of the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of the members of staff of the Agency as the Agency thinks fit, and shall carry out such a scheme in accordance with its terms. | ||
(3) A superannuation scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons. | ||
(4) The Agency may, with the approval of the Minister given with the consent of the Minister for Finance, make a scheme amending or revoking a superannuation scheme, and shall carry out such a scheme in accordance with its terms. | ||
(5) Superannuation benefits granted under this section to persons transferred to the Agency under section 35 , and the terms and conditions relating to those benefits, shall not be less favourable to those persons than those to which they were entitled immediately before they were transferred under the said section 35 . | ||
(6) Superannuation benefits shall not be granted by the Agency to or in respect of any member of the staff of the Agency, nor shall any other arrangement be entered into by the Agency for the provision of such benefits to such person, except in accordance with a superannuation scheme or, if the Agency, with the approval of the Minister given with the consent of the Minister for Finance, sanctions the granting of such benefits, in accordance with that sanction. | ||
(7) A superannuation scheme shall provide for an appeal from a decision relating to superannuation benefits payable under the scheme. | ||
(8) Where at any time during the period between his or her transfer under section 35 and the coming into operation of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred under section 35 , the benefit shall be calculated and paid by the Agency in accordance with the scheme or such provisions in relation to superannuation as applied to the person immediately before his or her transfer under the said section 35 , and for that purpose that person's pensionable service with the Agency and previous pensionable service shall be aggregated. | ||
(9) The Minister shall cause a superannuation scheme to be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done under the scheme. | ||
(10) In this section— | ||
“ superannuation benefits ” means pensions, gratuities and other allowances payable to or in respect of a person on ceasing to be a member of the staff of the Agency; | ||
“ superannuation scheme ” means a superannuation scheme made under subsection (2) or (4). |