LegalizeMINISTERIAL, PARLIAMENTARY AND JUDICIAL OFFICES AND OIREACHTAS MEMBERS (MISCELLANEOUS PROVISIONS) ACT, 2001
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
4 amending acts · 2011-08-05, S.I. No. 418/2011 - Finance (Transfer of Departmental Administration and Ministerial Func…
Act to amend the Ministerial and Parliamentary Offices Acts, 1938 to 1998, the Oireachtas (Allowances to Members) Act, 1938, and certain other Acts to make further provision for the remuneration, allowances and superannuation payable to and in respect of certain holders and former holders of Ministerial, Parliamentary and Judicial Offices; to provide for the transfer of previous pensionable service of persons who hold such offices; and to provide for related matters
- (2) Service is not to be treated as pensionable service in accordance with this Chapter if—
- (a) a lump sum or gratuity has been paid, or
- (b) a refund of pension contributions has been made,
in respect of the service, unless an appropriate repayment of the lump sum, gratuity or refund of contributions is made to the Exchequer, the trustees of the Oireachtas Pensions Scheme or the appropriate authority of an approved organisation, as determined by the Minister.
- (3) For the purpose of this section, “appropriate repayment” means a repayment of—
- (a) the amount originally paid, and
- (b) compound interest at a rate determined by the Minister from time to time, in respect of the period between the date of payment and the date of repayment.
56 Application to have previous service treated as pensionable service.
56.—(1) An entitlement conferred by this Chapter is exercisable by means of a written application.
- (2) The Minister may, by order notified in Irish Oifigiúil, determine the manner and form in which, and the persons to whom, such an application is to be made.
- (3) The Minister may from time to time, by order notified in Iris Oifigiúil, amend or revoke an order published under this section.
Chapter 3 Supplementary provisions
57 Power to make necessary amendments to existing pension scheme.
57.—If the provisions applicable to a pension scheme for which the appropriate authority for an approved organisation is responsible do not confer on the authority power to make the amendments necessary to give effect to this Part, that power is conferred on the authority by this section. However, if the authority has power to make other amendments to those provisions and that power can be exercised only with the agreement of a specified person, the power conferred by this section is exercisable only with the agreement of that person.
58 Ministerial orders to be laid before Oireachtas.
58.—(1) The Minister is required to ensure that every order made by the Minister under this Part is laid before each House of the Oireachtas as soon as practicable after it is made.
- (2) A House of the Oireachtas may, by resolution, annul an order made by the Minister under this Part within 21 sitting days after the day on which the order was laid before the House in accordance with subsection (1).
- (3) The annulment of an order under this section takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under the order before the passing of that resolution.
59 Powers of Trustees in relation to the operation of this Part.
59.—The trustees of the Oireachtas Pensions Scheme are authorised to accept and pay out money relating to the operation of this Part.
This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.
This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence.
Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.