Ministerial and Parliamentary Offices Act, 1938
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Gratuities to former law officers. |
15.—(1) Where a person who was Attorney-General of Saorstát Eireann ceased, in pursuance of sub-section (2) of section 6 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), to hold that office and his qualifying service is on the date of the passing of this Act three years or more, such person shall become entitled on the date of the passing of this Act to a gratuity of an amount equal to one half of the salary attached to that office at the date of such cesser. | |
(2) Where a person who was Attorney-General retires from that office and his qualifying service on the date of such retirement is three years or more, such person shall, unless he has been previously paid a gratuity under sub-section (1) of this section or this sub-section, become entitled on the date of such retirement to a gratuity of an amount equal to one half of the salary attached to that office at the date of such retirement. | ||
(3) For the purpose of this section— | ||
(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, 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) No gratuity under sub-section (2) of this section shall be payable to a person if, on his retirement from the office of Attorney-General— | ||
(a) he is appointed to any whole-time office the remuneration of which exceeds one thousand pounds per annum and either is charged on the Central Fund or the growing produce thereof or is payable directly out of moneys provided by the Oireachtas, or | ||
(b) he is appointed on the nomination of the Government or a Minister of State to any office the remuneration of which exceeds one thousand pounds per annum. | ||
(5) Where any gratuity under sub-section (2) of this section is paid to a person and such person is within twelve months after his retirement from the office of Attorney-General appointed to any such office as is mentioned in paragraph (a) or paragraph (b) of the next preceding sub-section, such person shall pay to the Minister for Finance a sum equal to the amount of that gratuity. |