Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act, 2001
|
Amendment of section 6A of the 1938 Act — deductions for contributory pension scheme. |
27.—(1) Section 6A of the 1938 Act (as inserted by section 5 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960 , and amended by section 10 of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act, 1998 ) is amended by substituting the following paragraphs for subsections (2)(a) and (b): | |
“(a) make deductions— | ||
(i) from the salary and allowances paid to each member of the Oireachtas under this Act and under sections 3 and 4 of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act, 1998 , and | ||
(ii) from any allowance paid to such a member from an allocation made under section 5 of that Act, | ||
and | ||
(b) pay the deductions into the fund maintained for the purpose of the scheme.”. | ||
(2) Section 6A of the 1938 Act (as amended by subsection (1)) is further amended | ||
(a) by inserting the following subsections after subsection (2): | ||
“(2A) The Minister shall stop making deductions under subsection (2) in respect of the salary payable to a person as a member of the Oireachtas under this Act when deductions have been made from the person's salary in relation to 7,300 days' service as a member. | ||
(2B) The Minister shall also stop making deductions under subsection (2) in respect of an allowance payable to a member of the Oireachtas— | ||
(a) as the holder of a position referred to in section 3 or 4 of the Oireachtas, (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act, 1998, or | ||
(b) as a member of a committee or subcommittee referred to in section 5 of that Act, | ||
when deductions have been made from the allowances in relation to a total of 7,300 days service in such a position or as a member of such a committee or sub-committee. | ||
(2C) In subsection (2B), ‘allowance’ includes an allowance paid to a member of the Oireachtas in accordance with section 2 or 3 of the Oireachtas (Allowances to Members) (Amendment) Act, 1994 . | ||
(2D) If, before the commencement of section 27 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act, 2001, deductions were made under subsection (2) from the salary payable to a person as a member of the Oireachtas in relation to a period of service exceeding 7,300 days, the trustees shall refund— | ||
(a) to the person, or | ||
(b) if the person has died, to the person's personal representatives, | ||
the amounts of the deductions relating to that period of service, but only to the extent that the deductions relate to service given on or after 26 June, 1997.”, and | ||
(b) by inserting the following subsection after subsection (3): | ||
“(4) For the purpose of this section, ‘trustees’ means the trustees of the scheme for pensions referred to in subsection (1).”. |