Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act, 2001
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Exercise of entitlement to transfer service to be subject to terms and conditions. |
53.—(1) The right conferred by section 49 , 50, 51 or 52 is exercisable only in accordance with— | |
(a) such terms and conditions as the Minister determines, or | ||
(b) if the other public office in which the person exercising the right has served or later serves is with an approved organisation, such terms and conditions as the Minister agrees with the appropriate authority of the organisation. | ||
(2) The terms and conditions may include (but are not limited to) terms and conditions governing the extent to which a person is entitled to have service treated as pensionable service in accordance with this Chapter. | ||
(3) In determining the extent to which a person is entitled to have service treated as pensionable service in accordance with this Chapter, regard is to be had to the length of time required to achieve full superannuation benefit in each of the public offices that the person has held. The service so determined may be greater or less than the person's actual pensionable service in a particular public office. | ||
(4) If the relevant public office is one referred to in subsection (1)(b), the terms and conditions agreed must either— | ||
(a) provide for the nature and amount of a contribution to or by the trustees of the Oireachtas Pensions Scheme, the Exchequer or the appropriate authority of an approved organisation in respect of any additional liability that is undertaken by those trustees, the Exchequer or the organisation, or | ||
(b) specify reciprocal arrangements that are to apply instead of such a contribution. |