S.I. No. 111/1993 - Houses of the Oireachtas (Members) Pensions (Amendment) Scheme, 1993.

S.I. No. 111 of 1993.

HOUSES OF THE OIREACHTAS (MEMBERS) PENSIONS (AMENDMENT) SCHEME, 1993.

I, BERTIE AHERN, Minister for Finance, in exercise of the powers conferred on me by section 6A (as amended by section 4 of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1983 (No. 32 of 1983)) of the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938), hereby make the following scheme:

1. This Scheme may be cited as the Houses of the Oireachtas (Members) Pensions (Amendment) Scheme, 1993.

2. This Scheme shall be deemed to have come into operation on the 25th day of November, 1992.

3. In this Scheme—

"the 1992 Scheme" means the Houses of the Oireachtas (Members) Pensions (Amendment) (No. 2) Scheme, 1992 ( S.I. No. 354 of 1992 );

"the old Scheme" and "the new Scheme" have the meanings assigned thereto in Clause 2 of the 1992 Scheme.

4. Where a gratuity is paid to a person under Clause 5A of the old Scheme, or Clause 5 of the new Scheme, with effect from the 25th day of November, 1992, the amount of the gratuity shall be calculated as if the annual rate of the salary payable to a member of Dáil Éireann on that day was £29,761.

5. Where a gratuity is paid to or in respect of a person under—

( a ) Clause 5A of the old Scheme, or

( b ) Clause 5, 5A, 5B or 5D of the new Scheme,

with effect from any date during the period commencing on the 1st day of January, 1993, and ending on the 30th day of November, 1993, the amount of the gratuity shall be calculated as if the annual rate of the salary payable to a member of the Oireachtas during the said period was £30,877 in the case of a member of Dáil Éireann, and £17,904 in the case of a member of Seanad Éireann.

6. Where Clause 5 of this Scheme applies in the case of a gratuity which is paid under Clause 5 or Clause 5D of the new Scheme, and a deduction from the said gratuity falls to be made under Clause 5G (1) (a) of the new Scheme, the annual amount of the relevant salary for the purposes of calculating the amount of the deduction shall be deemed to be—

( a ) £30,877 in a case where the deduction is made in respect of additional years of service as a member of Dáil Éireann, and

( b ) £17,904 in a case where the deduction is made in respect of additional years of service as a member of Seanad Éireann.

GIVEN under my Official Seal, this 25th day of April, 1993.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

This Amending Scheme provides that retirement lump sums or death gratuities under the Houses of the Oireachtas (Members) Pensions Scheme shall:

( a ) if payable with effect from 25 November 1992, be based on the rates of salary applicable to members of the Oireachtas as from 1 December 1992, under the Public Service Pay Agreement which forms part of the Programme for Economic and Social Progress; and

( b ) if payable with effect from a date between 1 January 1993 and 30 November 1993, be based on the rates of salary which are due to be paid to members of the Oireachtas with effect from 1 December 1993, under the agreement referred to at (a) above.

These provisions are in accordance with arrangements applicable to all other public servants covered by that Agreement.