13 1965

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Number 13 of 1965.


PENSIONS (ABATEMENT) ACT, 1965


ARRANGEMENT OF SECTIONS

Section

1.

Suspension or reduction of annual allowance under Superannuation Acts, 1834 to 1963.

2.

Restriction of section 5 (3) of Presidential Establishment Act, 1938.

3.

Amendment of section 23 (1) of Ministerial and Parliamentary Offices Act, 1938.

4.

Amendment of section 75 (1) of Local Government (Superannuation) Act, 1948.

5.

Amendment of section 62 (1) of Local Government (Superannuation) Act, 1956.

6.

Amendment of paragraph 10 of Schedule to Electricity (Supply) (Amendment) Act, 1961.

7.

Amendment of section 28 (11) of Superannuation and Pensions Act, 1963.

8.

Repeals.

9.

Short title and commencement.

SCHEDULE

Acts Referred to

Superannuation Acts, 1963

1963, No. 24

Superannuation Act, 1956

1956, No. 38

Superannuation Act, 1834

1834, c. 24

Presidential Establishment Act, 1938

1938, No. 24

Ministerial and Parliamentary Offices Act, 1938

1938, No. 38

Ministerial and Parliamentary Offices (Amendment) Act, 1960

1960, No. 12

Local Government (Superannuation) Act, 1948

1948, No. 4

Local Government (Superannuation) Act, 1956

1956, No. 10

Mental Treatment Act, 1961

1961, No. 7

Electricity (Supply) (Amendment) Act, 1961

1961, No. 2

Superannuation and Pensions Act, 1963

1963, No. 24

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Number 13 of 1965.


PENSIONS (ABATEMENT) ACT, 1965


AN ACT TO MODIFY CERTAIN STATUTORY PROVISIONS RELATING TO ABATEMENT OF PENSIONS, GRATUITIES AND ALLOWANCES IN RESPECT OF PUBLIC SERVICE. [13th July, 1965.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Suspension or reduction of annual allowance under Superannuation Acts, 1834 to 1963.

1. —(1) (a) This subsection shall, subject to the next subsection, apply where—

(i) an annual allowance (in this subsection referred to as the allowance) of superannuation or of compensation is payable under the Superannuation Acts, 1834 to 1963 (excluding section 28 of the Superannuation and Pensions Act, 1963 ) to a person (in this subsection referred to as the pensioner), and

(ii) the pensioner receives any payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) (in this subsection referred to as the payment) in respect of an appointment in the Civil Service.

(b) (i) No more of the allowance shall be paid, for any specified period of receipt of the payment, than so much as, with the payment, equals the remuneration which the pensioner would have received in respect of that period if, during it, he—

(I) held the office in which he served on the last day of his pensionable service, but

(II) was remunerated at the rate of remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of which he was in receipt on that day, subject, however, in case changes have taken place (or, if the said office has ceased to exist, would have taken place if it had not ceased to exist) in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified.

(ii) In this paragraph “specified” means specified by the Minister for Finance.

(c) Where the pensioner surrenders under the Superannuation Act, 1956 , part of the allowance, then, for the purpose of determining whether any, and, if so, what, amount may be paid to him under the foregoing paragraph, the rate of remuneration of which he was in receipt on the last day of his pensionable service shall be reduced by the amount surrendered by him as aforesaid.

(d) Every doubt, question or dispute arising under this subsection shall be decided by the Minister for Finance, whose decision thereon shall be final and conclusive.

(2) The Minister for Finance may, at his discretion but subject to the condition specified in the next subsection, waive the application of subsection (1) of this section in any particular case, and that subsection shall thereupon not apply in that case.

(3) The condition referred to in subsection (2) of this section is that the Minister for Finance is satisfied that—

(a) persons with particular training and experience are required for particular work in a particular department or office,

(b) the person who is being re-employed has that training and experience, is being re-employed for that work and is otherwise suitable for re-employment in all respects, and

(c) it is not practicable to meet that requirement otherwise than by the re-employment of pensioners.

(4) The foregoing provisions of this section and the repeal by section 8 of this Act of section 20 of the Superannuation Act, 1834, shall have effect subject to the proviso that they shall not apply in relation to a person to whom during the period between the commencement and the passing of this Act or any part thereof an annual allowance of superannuation or of compensation was payable under the Superannuation Acts, 1834 to 1963 (excluding section 28 of the Superannuation and Pensions Act, 1963 ) and who during that period or part was in receipt of a payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) in respect of an appointment in the Civil Service unless he notifies the Minister for Finance in writing, within the period of twelve months beginning on the commencement of this Act, that he wishes them to apply in relation to him, but if he so notifies, they shall apply in relation to him with effect as from such commencement.

Restriction of section 5 (3) of Presidential Establishment Act, 1938.

2. —Subsection (3) of section 5 of the Presidential Establishment Act, 1938 , shall not apply save in relation to receipt of the emoluments and allowances to be received by the President in pursuance of section 11 of Article 12 of the Constitution.

Amendment of section 23 (1) of Ministerial and Parliamentary Offices Act, 1938.

3. —The following subsection is hereby substituted for subsection (1) of section 23 of the Ministerial and Parliamentary Offices Act, 1938 , as amended by subsection (1) of section 18 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960 :

“(1) Where a person to whom a pension under Part IV is for the time being payable is appointed to a qualifying office or as Attorney General, the pension under Part IV shall cease to be payable while he holds the qualifying office or the office of Attorney General.”

Amendment of section 75 (1) of Local Government (Superannuation) Act, 1948.

4. —(1) Subsection (1) of section 75 of the Local Government (Superannuation) Act, 1948 , as amended by subsection (8) of section 71 of the Local Government (Superannuation) Act, 1956 , is hereby amended by the substitution of the following paragraphs for paragraph (a):

“(a) (i) This paragraph shall, subject to the next paragraph, apply where—

(I) an allowance (in this paragraph referred to as the allowance) is payable under this or any previous Act by a local authority to a person (in this paragraph referred to as the pensioner), and

(II) the pensioner receives any payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) (in this paragraph referred to as the payment) from a local authority for services rendered (being services rendered as an officer or servant, as a mental hospital officer or servant or as a teacher employed by a vocational education committee or being services which are paid for by fees in the nature of salary).

(ii) No more of the allowance shall be paid, for any specified period of receipt of the payment, than so much as, with the payment, equals the remuneration which the pensioner would have received in respect of that period if, during it, he—

(I) held the office or employment in which he served on the last day of his pensionable service, but

(II) was remunerated at the rate of remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of which he was in receipt on that day, subject, however, in case changes have taken place (or, if the said office or employment has ceased to exist, would have taken place if it had not ceased to exist) in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified.

(iii) In this paragraph ‘specified’ means specified by the Minister.

(a1) The Minister may, at his discretion but subject to the condition specified in the next paragraph, waive the application of paragraph (a) of this subsection in any particular case, and that paragraph shall thereupon not apply in that case.

(a2) The condition referred to in paragraph (a1) of this subsection is that the Minister, after consultation with the authority making the payment, is satisfied that—

(i) persons with particular training and experience are required for particular work of that authority,

(ii) the person who is being re-employed has that training and experience, is being re-employed for that work and is otherwise suitable for re-employment in all respects, and

(iii) it is not practicable to meet that requirement otherwise than by the re-employment of pensioners.”

(2) (a) The amendment specified in the foregoing subsection shall have effect subject to the proviso that it shall not apply in relation to a person to whom during the period between the commencement and the passing of this Act or any part thereof an allowance was payable under the Local Government (Superannuation) Act, 1948 , or any previous Act by a local authority and who during that period or part was in receipt of a payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) from a local authority for services rendered (being services rendered as an officer or servant, as a mental hospital officer or servant or as a teacher employed by a vocational education committee or being services which are paid for by fees in the nature of salary) unless he notifies the Minister in writing, within the period of twelve months beginning on the commencement of this Act, that he wishes it to apply in relation to him, but if he so notifies, it shall apply in relation to him with effect as from such commencement.

(b) In this subsection “local authority”, “the Minister”, “officer”, “servant”, “mental hospital officer” and “mental hospital servant” have the same meanings respectively as in the Local Government (Superannuation) Act, 1948 .

Amendment of section 62 (1) of Local Government (Superannuation) Act, 1956.

5. —(1) Subsection (1) of section 62 of the Local Government (Superannuation) Act, 1956 , is hereby amended by the substitution of the following paragraphs for paragraph (a):

“(a) (i) This paragraph shall, subject to the next paragraph, apply where—

(I) an allowance (in this paragraph referred to as the allowance) is payable under this Act by a local authority to a person (in this paragraph referred to as the pensioner), and

(II) the pensioner receives any payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) (in this paragraph referred to as the payment) from a local authority for services rendered as an officer or servant or as a teacher employed by a vocational education committee or being services which are paid for by fees in the nature of salary.

(ii) No more of the allowance shall be paid, for any specified period of receipt of the payment, than so much as, with the payment, equals the remuneration which the pensioner would have received in respect of that period if, during it, he—

(I) held the office or employment in which he served on the last day of his pensionable service, but

(II) was remunerated at the rate of remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of which he was in receipt on that day, subject, however, in case changes have taken place (or, if the said office or employment has ceased to exist, would have taken place if it had not ceased to exist) in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified.

(iii) In this paragraph ‘specified’ means specified by the Minister.

(a1) The Minister may, at his discretion but subject to the condition specified in the next paragraph, waive the application of paragraph (a) of this subsection in any particular case, and that paragraph shall thereupon not apply in that case.

(a2) The condition referred to in paragraph (a1) of this subsection is that the Minister, after consultation with the authority making the payment, is satisfied that—

(i) persons with particular training and experience are required for particular work of that authority,

(ii) the person who is being re-employed has that training and experience, is being re-employed for that work and is otherwise suitable for re-employment in all respects, and

(iii) it is not practicable to meet that requirement otherwise than by the re-employment of pensioners.”

(2) In paragraph (a) of subsection (9) of section 51 of the Local Government (Superannuation) Act, 1956

(i) “paragraph (a) of subsection (1) of section 62 of this Act” and “that paragraph” shall each be construed as referring to the first of the paragraphs substituted by subsection (1) of this section, and

(ii) “remuneration” shall be construed as referring to the rate of remuneration of which the person was in receipt on the last day of his pensionable service.

(3) (a) The amendments specified in the foregoing subsections shall have effect subject to the proviso that they shall not apply in relation to a person to whom during the period between the commencement and the passing of this Act or any part thereof an allowance was payable under the Local Government (Superannuation) Act, 1956 , by a local authority and who during that period or part was in receipt of a payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) from a local authority for services rendered (being services rendered as an officer or servant or as a teacher employed by a vocational education committee or being services which are paid for by fees in the nature of salary) unless he notifies the Minister in writing, within the period of twelve months beginning on the commencement of this Act, that he wishes them to apply in relation to him, but if he so notifies, they shall apply in relation to him with effect as from such commencement.

(b) In this subsection “local authority”, “the Minister”, “officer” and “servant” have the same meaning respectively as in the Local Government (Superannuation) Act, 1956 , as amended by the Mental Treatment Act, 1961 .

Amendment of paragraph 10 of Schedule to Electricity (Supply) (Amendment) Act, 1961.

6. —The following paragraph is hereby substituted for paragraph 10 of the Schedule to the Electricity (Supply) (Amendment) Act, 1961 :

“10. (1) Where—

(a) a pension (in this paragraph referred to as the pension) is payable by the Board to a person (in this paragraph referred to as the pensioner), and

(b) the pensioner receives any payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) (in this paragraph referred to as the payment) in respect of employment in a situation consisting of membership of or employment by the Board,

no more of the pension shall be paid, for any specified period of receipt of the payment, than so much as, with the payment, equals the remuneration which the pensioner would have received in respect of that period if, during it, he—

(i) held the office in which he served on the last day of his pensionable service, but

(ii) was remunerated at the rate of remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of which he was in receipt on that day, subject, however, in case changes have taken place (or, if the said office has ceased to exist, would have taken place if it had not ceased to exist) in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified.

(2) Where the pensioner surrenders under provisions made by virtue of section 18 of this Act part of the pension, then, for the purpose of determining whether any, and, if so, what, amount may be paid to him under the foregoing subparagraph, the rate of remuneration of which he was in receipt on the last day of his pensionable service shall be reduced by the amount surrendered by him as aforesaid.

(3) In this paragraph ‘specified’ means specified by the Minister for Finance.”

Amendment of section 28 (11) of Superannuation and Pensions Act, 1963.

7. —The following paragraph is hereby substituted for paragraph (a) of subsection (11) of section 28 of the Superannuation and Pensions Act, 1963 :

“(a) (i) This paragraph shall apply where—

(I) a superannuation allowance or pension (in this paragraph referred to as the pension) is payable under this section to a person (in this paragraph referred to as the pensioner), and

(II) the pensioner receives any payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) (in this paragraph referred to as the payment) in respect of employment in a situation consisting of membership or employment by the Industrial Development Authority or, in the case of James Patrick Beddy, that Authority or the Industrial Credit Company Limited or any of its subsidiaries.

(ii) No more of the pension shall be paid, for any specified period of receipt of the payment, than so much as, with the payment, equals the remuneration which the pensioner would have received in respect of that period if, during it, he—

(I) held the office in which he served on the last day of his pensionable service, but

(II) was remunerated at the rate of remuneration (inclusive of the money value of emoluments (being any apartments, rations, or other perquisites in kind), if any) of which he was in receipt on that day, subject, however, in case changes have taken place (or, if the said office has ceased to exist, would have taken place if it had not ceased to exist) in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified.

(iii) Where the pensioner surrenders under the Superannuation Act, 1956 , part of the pension, then, for the purpose of determining whether any, and, if so, what, amount may be paid to him under the fore-going subparagraph, the rate of remuneration of which he was in receipt on the last day of his pensionable service shall be reduced by the amount surrendered by him as aforesaid.

(iv) In this paragraph ‘specified’ means specified by the Minister for Finance.”

Repeals.

8. —The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title and commencement.

9. —This Act may be cited as the Pensions (Abatement) Act, 1965, and shall be deemed to have come into operation on the 1st day of January, 1965.

SCHEDULE.

Enactments Repealed.

Section 8 .

Number and Year

Short Title

Extent of Repeal

4 & 5 Will. 4, c. 24.

Superannuation Act, 1834.

Section 20.

No. 24 of 1938.

Presidential Establishment Act, 1938 .

Subsection (2) of section 5 .

No. 38 of 1938.

Ministerial and Parliamentary Offices Act, 1938 .

Subsections (4) and (5) of section 15 ;

subsection (8) of section 20 .

No. 24 of 1963.

Superannuation and Pensions Act, 1963 .

Subsection (8) of section 4 ; subsection (7) of section 5 .