Courts (Supplemental Provisions) (Amendment) Act, 1991
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Provision of spouses' and children's pensions. |
4.— (1) (a) References to a judge in subsections (2) and (3) (other than paragraphs (a) and (b) (ii) thereof) of this section shall be construed as including a person appointed to act as a judge of the Circuit Court under section 14 of the Act of 1936. | |
(b) References to a justice in subsections (2) and (3) (other than paragraphs (a) and (b) (iii) thereof) of this section shall be construed as including a person appointed to act as a justice of the District Court under section 51 of the Act of 1936. | ||
(2) Subject to subsection (3) of this section, the Minister may, after consultation with the Minister for Justice, by regulations provide for the grant of a pension to any one or more of the following persons, that is to say, the spouse or any child or children of— | ||
(a) a judge or justice, and | ||
(b) a person holding the office of Master of the High Court, Taxing Master or county registrar, | ||
upon his death (whether during his continuance in office or afterwards). | ||
(3) Regulations under subsection (2) of this section shall provide that the grant of a pension thereunder shall be in consideration— | ||
(a) of the payment of contributions by the judge, justice or officer (as the case may be) at the rate or rates specified from time to time by the regulations, or | ||
(b) where, under and in accordance with the regulations, the whole or part of the amount of a pension granted under the regulations relates to— | ||
(i) notional service of the judge, justice or officer (as the case may be) as such judge, justice or officer, or | ||
(ii) any period, in the case of a judge, or the period in the case of a person referred to in subsection (1) (a) of this section, during which the judge or person acted as a judge of the Circuit Court under section 14 of the Act of 1936, or | ||
(iii) any period, in the case of a justice, or the period in the case of a person referred to in subsection (1) (b) of this section, during which the justice or person acted as a justice of the District Court under section 51 of the said Act, | ||
of a reduction, to the extent specified in the regulations, in the amount of any gratuity the grant of which to the judge, justice or officer (as the case may be) or his personal representative is provided for by section 2 or 4 of the Courts of Justice and Court Officers (Superannuation) Act, 1961 , or by regulations made under section 5 (1) (a) or (1) (b) of this Act. | ||
(4) (a) Regulations made under this section may provide that the regulations shall, with respect to a judge, justice, officer or other person to whom this subsection applies, come into operation on a date prior to the date on which they are made. | ||
(b) This subsection applies to— | ||
(i) a judge, justice or officer who is, or immediately prior to his death was, a member of a scheme administered by the Minister for Justice and the Minister for Finance and known as the Contributory Pensions Scheme for the Spouses and Children of Judges, Justices, Masters of the High Court, Taxing Masters and County Registrars, and | ||
(ii) a person referred to in subsection (1) of this section. |