An Bord Bia Act, 1994

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Superannuation.

35.—(1) As soon as may be after its establishment the Board shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such of its staff (including the chief executive) as the Board shall think fit.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to, or in respect of whom superannuation benefits are payable under the scheme, and different terms and conditions may be fixed in respect of different classes of persons.

(3) The Board may at any time prepare and submit to the Minister a scheme amending a scheme previously submitted and approved under this section.

(4) A scheme or amending scheme submitted to the Minister under this section shall, if approved of by the Minister with the consent of the Minister for Finance, be carried out by the Board in accordance with its terms.

(5) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit in pursuance of a scheme 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.

(6) No superannuation benefit shall be granted by the Board to or in respect of any of its staff (including the chief executive) who are members of a scheme under this section, nor shall any other arrangement be entered into for the provision of any superannuation benefit to such persons on ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved of under this section.

(7) Superannuation benefits granted under schemes under this section to persons transferred under section 46 and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled immediately before the establishment day.

(8) Where at any time during the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the staff of the Board under section 46 , the benefit shall be calculated and paid by the Board in accordance with the scheme or such provisions in relation to superannuation as applied to the person immediately before the establishment day and, for that purpose, that person's pensionable service with the Board and previous pensionable service shall be aggregated.

(9) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.