S.I. No. 216/1983 - Labour Court (Members) Superannuation Scheme (Amendment) Scheme, 1983.

S.I. No. 216 of 1983.

LABOUR COURT (MEMBERS) SUPERANNUATION SCHEME (AMENDMENT) SCHEME, 1983.

I, LIAM KAVANAGH, Minister for Labour, with the consent of the Minister for the Public Service, in exercise of the powers conferred on me by Section 5 (2) of the Industrial Relations Act, 1969 (No. 14 of 1969), as adapted by the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ), hereby make the following Scheme:

1. This Scheme may be cited as the Labour Court (Members) Superannuation Scheme (Amendment) Scheme, 1983, and shall be deemed to have come into operation on the 1st day of April, 1982.

2. In this Scheme "the Principal Scheme" means the Labour Court (Members) Superannuation Scheme, 1971.

3. The following Article is hereby substituted for Article 7 of the Principal Scheme:

Eligibility for Pension.

7. (1) Where a person to whom this Scheme applies ceases to be chairman, a deputy chairman or a member of the Labour Court—

( a ) by operation of law or by reason of his removal from office other than for stated misconduct or incapacity, or by termination of his appointment;

( b ) by expiration of his period of office except where the Minister certifies that he would have been re-appointed but for stated misconduct or that he refused re-appointment; or

( c ) by resignation during his period of office either after he has attained the age of sixty years or on account of ill-health before attaining that age.

he shall, subject to the provisions of this Scheme, be paid a pension for his life calculated in accordance with paragraph (1) or (2) (as may be appropriate) of Article 8 of this Scheme and a gratuity calculated in accordance with paragraph (3) of that Article if, on the date that he so ceases to be a chairman, a deputy chairman or a member of the Court he had pensionable service, whether continuous or discontinuous, amounting in the aggregate to not less than ten years and including one period of continuous pensionable service of not less than five years".

4. The following Article is hereby substituted for Article 8 of the Principal Scheme:

Rate of pension and amount of gratuity.

8. (1) A pension payable to a person under Article 7 of this Scheme shall, except as provided by paragraph (2) of this Article, be of an amount per annum calculated at the rate of one forty-eighth of his retiring salary for each completed year of his pensionable service subject to a maximum of twenty-four-forty-eighths of his retiring salary.

(2) Where a person to whom this Scheme applies continues to be a chairman, a deputy chairman or a member of the Court after attaining the age of sixty-five years, the pension of that person shall be computed by reference to his retiring salary adjusted to take account of pension increases granted to retired public servants between the date on which that person attained the age of sixty-five years and the date on which he ceased to be a chairman, a deputy chairman or a member of the Court, and shall be of an amount per annum calculated at the rate of one forty-eighth of that salary (as so adjusted) for each completed year of pensionable service, subject to a maximum of twenty-four-forty-eighths of that salary (as so adjusted).

(3) A gratuity payable to a person under Article 7 of this Scheme shall be of an amount equal to one and a half times the annual pension payable under paragraph (1) or (2) of this Article (as may be appropriate)".

GIVEN under my Official Seal, this 22nd day of July, 1983.

LIAM KAVANAGH,

Minister for Labour.

The Minister for the Public Service hereby consents to the making of the foregoing Scheme.

GIVEN under my hand this 22nd day of July, 1983.

JOHN BOLAND,

Minister for the Public Service.

EXPLANATORY NOTE.

This Scheme provides for an amendment to Articles 7 and 8 of the Labour Court (Members) Superannuation Scheme, 1971.