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Superannuation.
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28.—(1) The Authority, with the approval of the Minister and the consent of the Minister for Finance, shall make a scheme or schemes for the granting of superannuation benefits to or in respect of the members of staff, including the Director, of the Authority.
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(2) A scheme under this section shall fix the time and conditions of retirement of 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.
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(3) The Authority may, with the approval of the Minister and the consent of the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection.
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(4) Any scheme submitted by the Authority under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms.
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(5) 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.
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(6) No superannuation benefits shall be granted by the Authority to a person on ceasing to be the Director or a member of the staff of the Authority otherwise than in accordance with a scheme or schemes under this section or with the consent of the Minister and the Minister for Finance.
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(7) Any scheme under this section, including an amendment of a scheme, 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 previously done thereunder.
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(8) A scheme or schemes under subsection (1) shall, in so far as it concerns a person who immediately before his or her appointment as Director or to a position on the staff of the Authority was an officer or servant of the Board, grant superannuation benefits upon and subject to terms and conditions that are not less favourable than the terms and conditions that applied to that person immediately before their appointment to the Authority in relation to the grant of such benefits.
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(9) In applying subsection (8), superannuation benefits that would have been granted to or in respect of a person during the period between his or her appointment as Director or to a position on the staff of the Authority and the coming into operation of a scheme under this section had he or she continued to be employed by the Board, shall be granted and paid to or in respect of that person by the Authority in accordance with the scheme or such enactments in relation to superannuation as applied to the person immediately before his or her appointment to the Authority and, for that purpose, his or her pensionable service with the Authority shall be aggregated with his or her previous pensionable service.
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(10) In this section “superannuation benefits” means pensions, gratuities and other allowances payable on ceasing to be a Director or a member of the staff of the Authority.
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