Electricity (Supply) (Amendment) Act, 1961

Superannuation of whole-time members of the Board.

16.—(1) The Minister, with the consent of the Minister for Finance, may from time to time make a scheme (in this Act referred to as a superannuation scheme) for the provision of pensions or gratuities or pensions and gratuities for or in respect of whole-time members of the Board.

(2) (a) The Minister, with the consent of the Minister for Finance, may by a subsequent superannuation scheme (in this Act referred to as an amending scheme) amend a superannuation scheme or previous amending scheme.

(b) An amending scheme may be expressed to operate retrospectively.

(c) Any person, who has been a whole-time member of the Board for a period of not less than twelve months ending on the date on which an amending scheme comes into operation, may by notice, given to the Minister within six months after the date on which the amending scheme comes into operation, elect not to have the amending scheme apply to or in respect of him, and if he does so elect, then the amending scheme shall not apply to or in respect of him.

(3) (a) The Minister, with the consent of the Minister for Finance, may by a superannuation scheme revoke a previous superannuation scheme or an amending scheme.

(b) Where a superannuation scheme (in this paragraph referred to as the new scheme) revokes a previous superannuation scheme or an amending scheme, any person, who has been a whole-time member of the Board for a period of not less than twelve months ending on the date on which the new scheme comes into operation, may, by notice, given to the Minister within six months after the date on which the new scheme comes into operation, elect not to have the new scheme apply to or in respect of him, and if he does so elect, then—

(i) the new scheme shall not apply to or in respect of him, and

(ii) the said superannuation scheme or amending scheme, as the case may be, shall, notwithstanding its revocation, continue to apply to or in respect of him.

(4) (a) The Minister, with the consent of the Minister for Finance, may by order revoke a superannuation scheme or an amending scheme.

(b) Where a superannuation scheme or an amending scheme is revoked under this subsection, it shall, notwithstanding its revocation, continue to apply to or in respect of any person who has been a whole-time member of the Board for a period of not less than twelve months ending on the date of the revocation.

(5) A superannuation scheme shall be carried out by the Board in accordance with its terms.

(6) Every superannuation scheme, every amending scheme and every order under subsection (4) of this section shall, as soon as may be after it is made, be laid before each House of the Oireachtas, and if either House, within the next twenty-one days on which that House has sat after the scheme or order is laid before it, passes a resolution annulling the scheme or order, it shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(7) Neither a pension nor a gratuity shall be granted or paid under section 2 of the Superannuation Act of 1942 to or in respect of a whole-time member of the Board.

(8) In this section and in section 18 of this Act “whole-time member of the Board” means a member of the Board who is required by the terms of his appointment to devote the whole of his time to his duties as such member and whose whole-time membership of the Board commenced on or after the 1st day of June, 1959.