Courts (Supplemental Provisions) (Amendment) Act, 1991

Provision of pensions on early vacation of office and purchase of added years.

5.—(1) The Minister may, after consultation with the Minister for Justice, make regulations:

(a) providing for the grant, subject to such conditions as may be specified in the regulations, of a pension (including a gratuity upon death) to or in respect of a judge or justice who vacates his office after five years' service or upwards and for whom there is not an entitlement to a grant of a pension under the Second Schedule to the Principal Act;

(b) providing for the grant, subject to such conditions as may be specified in the regulations, of a pension (including a gratuity upon death) to or in respect of a person holding the office of Master of the High Court, Taxing Master or county registrar who ceases to hold office after five or more years of service in one or more of the said offices and who is not eligible for a pension under section 57 of the Principal Act;

(c) providing for the purchase, subject to such conditions as may be specified in the regulations, by a judge or a justice of notional service at full actuarial cost to such person for the purpose of providing him with a pension of an increased amount;

(d) providing for the purchase, subject to such conditions as may be specified in the regulations, by a person holding the office of Master of the High Court, Taxing Master or county registrar of notional service at full actuarial cost to such person for the purpose of providing him with a pension of an increased amount;

(e) (i) in the case of a person referred to in paragraph (a) or (b) of this subsection who, subsequent to his vacating or ceasing to hold office, is appointed to an office or position of emolument in an institution of the European Communities (within the meaning of the European Communities Act, 1972 ), providing for the payment by the Minister to that institution, subject to such conditions as may be specified in the regulations and for the purposes of a scheme or arrangement to which this paragraph applies, of a sum which, in the opinion of the Minister, represents the capital value on an actuarial basis of the pension that would become payable to or in respect of that person pursuant to regulations under the said paragraph (a) or (b) (as may be appropriate).

(ii) This paragraph applies to any scheme or arrangement (by whatever name called) under which superannuation benefits are payable by an institution as aforesaid to or in respect of the person appointed to the office or position of emolument concerned.

(2) Where a payment of a sum is made by the Minister pursuant to regulations made under subsection (1) (e) of this section no pension or gratuity shall be granted under the Courts (Supplemental Provisions) Acts, 1961 to 1991, or under regulations made thereunder to or in respect of the person to whom the payment relates.

(3) Where regulations under this section provide for the grant of a gratuity upon the death of a person referred to in this section, the gratuity shall be granted to the personal representative of that person.

(4) Regulations made under this section may provide that the regulations shall come into operation on a date prior to the date on which they are made.