Safety, Health and Welfare At Work Act, 1989
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Superannuation of staff of the Authority. |
21.—(1) The Authority shall, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of persons appointed by section 19 or transferred by section 20 , to whole-time positions on the staff of the Authority. | |
(2) A scheme under subsection (1) shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons. | ||
(3) The Authority may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection. | ||
(4) A scheme or schemes under subsection (1) shall, as respects a person transferred by section 20 to a whole-time position on the staff of the Authority, provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediately before the day on which he was so transferred in relation to the grant of such benefits. | ||
(5) Where, during the period between the establishment day and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person transferred by section 20 to the staff of the Authority in respect of his employment as an officer of the Minister, the superannuation benefits shall be granted and paid to or in respect of the person by the Authority and for that purpose his pensionable service with the Authority shall be aggregated with his previous pensionable service. | ||
(6) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything done thereunder. | ||
(7) Subject to subsection (5) no superannuation benefit shall be granted by the Authority on the resignation, retirement or death of a member of the staff of the Authority otherwise than in accordance with a scheme or schemes under this section. | ||
(8) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister, who shall refer it to the Minister for Finance, whose decision shall be final. | ||
(9) In this section and in the First Schedule “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death. |