MINISTERIAL AND PARLIAMENTARY OFFICES ACT, 1938

• (a) the qualifying service of a person shall be the sum of each period during which such person held the office of Attorney-General of Saorstát Eireann or the office of Attorney-General, F64[and during which he did not hold a qualifying office,] and

• (b) the number of years of qualifying service of a person shall be taken to be the result obtained by dividing the number of days of his qualifying service by the number three hundred and sixty-five, any fraction over being disregarded.

• (4) F65[…]

• (5) F65[…]

16. Pensions to former holders οf secretarial offices.

16.—(1) Where a person, who does not hold a qualifying office on the date of the passing of this Act, held a secretarial office before that date and his pensionable service on that date is three years or more, such person shall become entitled on the date of the passing of this Act to a pension (in this Act referred to as a secretarial pension).

• (2) Where—

• (a) a person who holds a qualifying office on or after the date of the passing of this Act ceases to hold a qualifying office, and

• (b) his pensionable service is on the date of such cesser three years or more, and

• (c) such person is not on the date of such cesser entitled to a ministerial pension or a pension under sub-section (1) of this section or this sub-section,

F67[such person shall on the date of such cesser become entitled to a pension (in this Act also referred to as a secretarial pension) but only for so long as such person is not a member of either House of the Oireachtas or a member of the European Parliament.]

• F68[(3) A secretarial pension shall be at the following rates, that is to say:

so long as the pensionable service of the person entitled thereto is less than four years, twenty-eight per cent. of the annual sum payable for the time being by way of salary to a Parliamentary Secretary,

if and so long as such person's pensionable service is less than five years but not less than four years, thirty-two per cent. of the sum aforesaid,

if and so long as such person's pensionable service is less than six years but not less than five years, thirty-seven per cent. of the sum aforesaid,

if and so long as such person's pensionable service is less than seven years but not less than six years, forty-two per cent. of the sum aforesaid,

if and so long as such person's pensionable service is less than eight years but not less than seven years, forty-six per cent. of the sum aforesaid,

in case such person's pensionable service is not less than eight years, fifty-one per cent. of the sum aforesaid.]

• (4) For the purposes of this section—

• (a) the number of years of pensionable service of a person shall be taken to be the result obtained by dividing the number of days of his pensionable service by the number three hundred and sixty-five, any fraction over being disregarded;

• (b) the pensionable service of a person shall be the sum of each period which such person is entitled to reckon as a period of pensionable service under the subsequent provisions of this sub-section;

• (c) each of the following periods shall in respect of any person be a period of pensionable service—

• (i) if he held ministerial office before the 11th day of July, 1921, a period equal to twice the length of any period before that day during which he held ministerial office.

• (ii) if he held ministerial office on or after the 11th day of July, 1921, any period commencing on or after that day during which he held ministerial office, subject however to this limitation, namely, that if he was during any period a member of the Cabinet in the Second Dáil Eireann or the Third Dáil Eireann and also a member of the Provisional Government, such period shall not be reckonable as a period during which he was both a member of such Cabinet and also a member of the Provisional Government,

• (iii) any period during which he held any secretarial office.

• (5) A secretarial pension shall, for the purposes of sub-section (1) of section 8 of the Military Service Pensions Act, 1924 (No. 48 of 1924), or sub-section (1) of section 20 of the Military Service Pensions Act, 1934 (No. 43 of 1934), be deemed not to be a pension or allowance payable out of public moneys.

17. Commencement of ministerial and secretarial pensions.

17.—Where a person is entitled to a ministerial pension or a secretarial pension, then—

• (a) if such person is not the holder of a qualifying office on the date of the passing of this Act and becomes entitled to such pension on the said date, such pension shall commence to be payable—

• (i) in case such person duly applies therefor not later than six months after the said date, as on and from the said date,

• (ii) in any other case, as on and from the date on which such person duly applies therefor;

• (b) if such person is the holder of a qualifying office on or after the date of the passing of this Act and becomes entitled to such pension on or after the said date, such pension shall commence to be payable—

• (i) in case such person duly applies therefor not later than six months after the date on which he became entitled thereto, as on and from the day next following the said last-mentioned date,

• (ii) in any other case, as on and from the date on which such person duly applies therefor.

18. Determination of questions of ministerial service.

18.—If any question arises as to whether a person held ministerial office before the 6th day of December, 1922, or as to the period during which a person who held a ministerial office before that date held that office, the question shall be referred to a committee consisting of three persons, namely—

• (a) the Taoiseach or some person nominated by him,

• F69[(b) either—

• (i) where there is in Dáil Éireann one qualified Party within the meaning of Part III of this Act and not more, the Leader of that Party, or

• (ii) where there are in Dáil Éireann two or more qualified Parties within that meaning and not more, the Leader of that one of those Parties which is of the greater numerical strength in Dáil Éireann, or

• (iii) where there are in Dáil Éireann three or more such qualified Parties, the Leader of that one of those Parties which is of the greatest numerical strength in Dáil Éireann,

or a person nominated by such Leader,]

• (c) the Chairman of Dáil Eireann or some person nominated by him,

and the decision of such committee on such question shall be final and conclusive and binding on all persons and tribunals whatsoever.

19. Prohibition of double pensions.

19.—(1) Where a person becomes entitled on the same day to both a ministerial pension and a secretarial pension, such person shall be deemed not to be entitled to such secretarial pension.

• (2) Where a person who is entitled to a secretarial pension subsequently becomes entitled to a ministerial pension such person shall as on and from the date on which he becomes entitled to such ministerial pension cease to be entitled to such secretarial pension.

• (3) A person shall not be entitled to reckon the same period of time both for the purpose of a ministerial pension or a secretarial pension and also for the purpose of a pension or allowance under the Military Service Pensions Acts, 1924 to 1934, or the Superannuation Acts, 1834 to 1936, or any other Act, whether passed before or after the passing of this Act, whereunder such person shall or may become entitled to any pension the amount of which is determined by length of service.

• (4) Where—

• (a) a person who is entitled to a military service pension under the Military Service Pensions Act, 1924 (No. 48 of 1924), becomes entitled on the date of the passing of this Act to a ministerial pension or a secretarial pension, and

• (b) any period of time which is reckoned for the purpose of computing the amount of such military service pension would, but for the next preceding sub-section, be reckonable also for the purpose of computing the amount of such ministerial pension or secretarial pension, and

• (c) such person has, not later than twelve months after the date on which he has applied for such ministerial pension or secretarial pension, given notice in writing to the Minister for Finance that he desires to surrender so much of such military service pension as is calculated by reference to either (as may be stated in such notice) such period of time or any specified part thereof,

the following provisions shall as on and from the giving of such notice have effect, that is to say:—

• (i) such military service pension shall be reduced by the amount thereof which such person so desires to surrender, and

• (ii) such period of time or such specified part thereof (as the case may be) shall, for the purpose of calculating the amount of such ministerial pension or secretarial pension, be treated as a period of pensionable service and be deemed to be of the same notional length as if it were calculated under the First Schedule to the said Act.

20. F70[Pensions and allowances payable to surviving spouses and children of deceased office holders.

20.—(1) This section applies in respect of the following deceased persons:

• (a) a person who was holding a qualifying office at the time of death;

• (b) a person who held such an office at any time before the time of death.

• (2) The surviving spouse F71[or surviving civil partner] of a deceased person in respect of whom this section applies is, subject to this section, entitled to receive a surviving spouse's F71[or surviving civil partner’s] pension of an amount equal to half the amount of the pension (if any) to which the person—

• (a) was entitled at the time of death, or

• (b) would have been so entitled if the person was not the holder of a qualifying office and had reached 50 years of age.

• (3) A person is no longer entitled to a surviving spouse's F71[or surviving civil partner’s] pension if the person remarries F71[or enters into a new civil partnership].

• (4) If the surviving spouse F71[or surviving civil partner] of a deceased person who held a qualifying office—

• (a) does not qualify for a spouse's pension because the person's pensionable service was not sufficient, or

• (b) qualifies for such a pension but of an amount smaller than it would have been had the person's pensionable service been 3 years,

that spouse F71[or civil partner] is entitled to receive a surviving spouse's F71[or surviving civil partner’s] pension of the same amount as that which would have been payable had the deceased person's pensionable service been 3 years.

• (5) A surviving spouse's F71[or surviving civil partner’s] pension is not, for the purposes of section 8(1) of the Military Service Pensions Act, 1924, or section 20(1) of the Military Service Pensions Act, 1934, to be regarded as a pension or allowance that is payable out of public money.

• (6) If a child of a deceased person in respect of whom this section applies has not reached 21 years of age, the child is entitled to receive—

• (a) if a relevant parent of the child survives the deceased person and paragraph (b) does not apply, a child's allowance at the rate of £1,706.25 per year, or

• (b) if a relevant parent of the child survives the deceased person but dies before the child has reached 21 years of age, a child's allowance at the rate of £2,843.75 per year but only from the date of the parent's death, or

• (c) if no relevant parent of the child survives the deceased person, a child's allowance at the rate of £2,843.75 per year.

• (7) A child who marries before reaching 21 years of age ceases to be entitled to a child's allowance under this section.

• (8) A surviving spouse's F71[or surviving civil partner’s] pension, or a child's allowance, in respect of a deceased person in respect of whom this section applies becomes payable—

• (a) if an application for payment of the pension or allowance is made within 6 months after the date of the person's death, on and from the day following that date, or

• (b) if an application for payment is made at any other time, on and from the date on which the application is made.

However, if a person whose entitlement to such a pension or an allowance arose on the commencement of this section applies in writing to the Minister for Finance for payment, the pension or allowance is to be paid on and from such date (being a date not earlier than the date of that commencement and not later than the date of the application) as the Minister determines in writing.

• (9) In this section—

F72["adopted child" means a child adopted under an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or who is the subject of an intercountry adoption effected outside the State and recognised under that Act;]

"child" includes a step-child and an adopted child;

F73["civil partner" has the meaning assigned to it in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.]

"parent" includes step-parent and adoptive parent;

"pension", when used without qualification, means a pension that is either a ministerial pension or a secretarial pension and, in the case of a secretarial pension, includes any amount by which the pension is increased under section 13E;

"relevant commencement date" means the date on which section 15 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act, 2001, commences;

"relevant parent" in relation to a child, means a parent—

• (a) who is or was entitled to a surviving spouse's F71[or surviving civil partner’s] pension under this section, or

• (b) who would have been entitled to such a pension had the parent not died.]

20A. F74[Child allowance to be adjusted automatically by reference to salary increases in Civil Service.

20A.—(1) Whenever remuneration in the Civil Service is increased with effect from a particular day in accordance with agreements or arrangements that have effect on a general basis in the Civil Service (whether or not they also apply in relation to persons employed other than in the Civil Service), the child allowances payable under section 20 are, by the operation of this section, increased on and from that day by the same proportion.

• (2) In this section "Civil Service" has the meaning given by the[Civil Service Commissioners Act, 1956.]](https://www.irishstatutebook.ie/eli/1956/act/45)

20B. F75[Power to continue payment of child allowance to incapacitated children.

20B.—(1) The Minister for Finance may, in writing, direct a child's allowance under section 20 to be paid throughout the child's lifetime, if satisfied—

• (a) that the child is physically or mentally incapacitated to the extent of being unable to maintain himself or herself, and

• (b) that the incapacity arose before the child reached 21 years of age.

• (2) A child in respect of whom a direction is given under this section is entitled to be paid the allowance in accordance with the direction.]

20C. F76[Power to reinstate certain terminated surviving spouse's pensions.

20C.—(1) The Minister for Finance may, by notice in writing given to the person concerned, reinstate a surviving F77[spouse’s pension or surviving civil partner’s (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) pension that has ceased to be payable because that person has married, remarried or entered into a civil partnership], but only if satisfied that—

• (a) the marriage F78[or civil partnership] has been annulled or dissolved, or

• (b) compassionate grounds exist for reinstating the pension.

• (2) Payment of a pension reinstated under this section is to be resumed—

• (a) if the pension is reinstated because the marriage F78[or civil partnership] has been annulled or dissolved— on and from the date of the annulment or dissolution or, if the annulment or dissolution occurred before the date of commencement of this section, on and from that date, and

• (b) in any other case— on and from a date specified by the Minister for Finance in the notice of reinstatement (being a date not earlier than the date of commencement of this section).]

21. Grant of pensions, gratuities and allowances.

21.—(1) It shall be a condition precedent to the grant of any pension, gratuity or allowance under this Part of this Act that an application (which shall be in the prescribed form and contain the prescribed particulars) shall be made therefor to the Minister for Finance by the person entitled thereto or, in the case of a child's allowance, by the guardian of the child entitled thereto or some other person approved by the said Minister.

• (2) All pensions, gratuities and allowances under this Part of this Act shall be granted by the Minister for Finance.

• (3) Every child's allowance granted by the Minister for Finance to a child shall be paid for the benefit of such child to the guardian of such child or to some other person approved by the said Minister.

• (4) The Minister for Finance may make regulations in relation to any matter or thing referred to in this section as prescribed, and the word “prescribed” in this section means prescribed by such regulations, and different regulations may be made in relation to ministerial pensions, gratuities under this Part of this Act, secretarial pensions, F79[surviving spouses’ pensions, surviving civil partners’ pensions], and children's allowances.

22. Prohibition of assignment, etc., of pensions, gratuities and allowances.

22.—(1) Every assignment of and every charge on and every agreement to assign or charge any pension, gratuity or allowance under this Part of this Act shall, except so far as the same is authorised by an Act for the time being in force, be null and void.

• (2) No pension, gratuity or allowance granted under this Part of this Act shall be capable of being taken in execution or otherwise alienated by process of law for the payment of any debts or liabilities, of the person to whom such pension, gratuity or allowance is granted under this Part of this Act.

23. Suspension of pensions and allowances.

23.—F80[(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.]

• (2) F81[…]

• (3) In this section—

the expression “pension under Part IV” means a pension or allowance payable under this Part of this Act;

the expression “payment out of public moneys” means—

• (a) any remuneration, pension or allowance payable out of moneys provided by the Oireachtas or out of the Central Fund or out of the funds of a local authority, or

• (b) any remuneration of a position to which the holder has been nominated by the Government, or a Minister of State,

but does not include—

• (c) a pension under Part IV, or

• (d) an allowance under Part III of this Act, or

• (e) a pension or allowance under the Army Pensions Acts, 1923 to 1937, in respect of a wound or disability suffered prior to the 1st day of October, 1924, or

• (f) a pension under the Military Service Pensions Acts, 1924 to 1934, in any case in which the pensioner is also entitled to a widow's pension.

F82[or

• (g) an allowance under the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938).]

24. Payment of pensions, gratuities and allowances out of Central Fund.

24.—Every pension, gratuity, and allowance payable under this Part of this Act shall be charged upon and payable out of the Central Fund or the growing produce thereof.

F83[PART V. Severance payments to former holders of certain Ministerial and Parliamentary Offices]

F84[Definitions for the purposes of Part V.

25.— F85[…]]

F86[Entitlement to severance allowance.

26.—F87[…]]

F88[Certain persons ineligible for severance allowance.

27.—F89[…]]

F90[Commencement and cesser of severance allowance.

28.—F91[…]]

F92[Annual rate of severance allowance.

29.—F93[…]]

F94[Severance allowance payable to certain former Ministers of State.

29A.—F95[…]]

F96[Recalculation or resumption of severance allowance in certain circumstances.

30.—F97[…]]

F98[Special allowance for former Taoisigh.

31.—F99[…]]

F100[Payment of allowances under Part V out of Central Fund.

32.—F101[…]]

F102[PART VI Miscellaneous Provisions

33. Chairman and Deputy Chairman to continue in office for limited period after dissolution of Dáil Éireann.

33.—Despite the dissolution of Dáil Éireann prior to the holding of a general election for Dáil Éireann, a person holding office as Chairman or Deputy Chairman of Dáil Éireann immediately before the dissolution—

• (a) is, for constitutional purposes, taken to continue in that office, and

• (b) is entitled to be paid the salary and allowances applicable to that office,

during the period beginning with the day after the date of dissolution and ending with the day before Dáil Éireann reassembles after the election.]

F103[Chairman and Deputy Chairman to continue in office for limited period after dissolution of Seanad Éireann.

34.—Despite the dissolution of Seanad Éireann prior to the holding of a general election for Seanad Éireann, a person holding office as Chairman or Deputy Chairman of Seanad Éireann on the day before the polling day for the election—

• (a) is, for constitutional purposes, taken to continue in that office, and

• (b) is entitled to be paid the salary and allowances applicable to that office,

during the period beginning with the polling day for the election and ending with the day before the date on which Seanad Éireann next reassembles after the election.]

SCHEDULE. Enactment Repealed in Part.

Number and year.	Short Title.	Extent of Repeal.
No. 16 of 1924.	Ministers and Secretaries Act, 1924.	Section 4; sub-section (5) of section 7.