Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009

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Amendment of section 13AA (ministerial pensions and secretarial pensions for less than 3 years’ qualifying service) of Act of 1938.

6.— (1) With effect from the passing of this Act, section 13 AA (inserted by section 13 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 ) of the Act of 1938 is amended in subsection (13)—

(a) by substituting “62.5 per cent” for “50 per cent”, and

(b) by deleting “This subsection does not apply to a person who has held the office of Taoiseach.” and substituting the following:

“The amount of pension payable to a person who has held the office of Taoiseach shall be reduced by 25 per cent for as long as such a person is a member of either House of the Oireachtas or a member of the European Parliament.”.

(2) Section 13AA of the Act of 1938 is further amended—

(a) by substituting the following subsection for subsection (13) as amended by subsection (1) of this section:

“(13) No pension under this section shall be paid for as long as such person is a member of either House of the Oireachtas or a member of the European Parliament.”.

(3) Subsection (2) comes into operation—

(a) in the case of membership of Dáil Éireann, on and from the election or deemed election to Dáil Éireann of the person concerned consequent on the holding of a general election for a new Dáil Éireann which first occurs after the passing of this Act,

(b) in the case of membership of Seanad Éireann, on and from the election or nomination to Seanad Éireann of the person concerned consequent on the holding of a general election for a new Seanad Éireann which first occurs after the passing of this Act, and

(c) in the case of a member of the European Parliament, on and from the first day of the European Parliament parliamentary term consequent on the first holding of elections for the European Parliament after the passing of this Act.