Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009

Pensions to former holders of ministerial and other offices.

4.— (1) The Act of 1938 is amended—

(a) in subsection (2) of section 14 by deleting “such person shall on the date of such cesser become entitled to a pension (in this Act also referred to as a ministerial pension).” and substituting the following:

“such person shall on the date of such cesser become entitled to a pension (in this Act also referred to as a ministerial pension), but for as long as such person is a member of either House of the Oireachtas or a member of the European Parliament any such entitlement shall, with effect from the passing of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009, be reduced by 25 per cent of the amount which would, but for that Act, be payable.”,

and

(b) in subsection (2) of section 16 by deleting “such person shall on the date of such cesser become entitled to a pension (in this Act also referred to as a secretarial pension).” and substituting the following:

“such person shall on the date of such cesser become entitled to a pension (in this Act also referred to as a secretarial pension), but for as long as such person is a member of either House of the Oireachtas or a member of the European Parliament any such entitlement shall, with effect from the passing of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009, be reduced by 25 per cent of the amount which would, but for that Act, be payable.”.

(2) The Act of 1938 is further amended—

(a) in section 14 by deleting so much of subsection (2) as amended by subsection (1) of this section and substituting the following:

“such person shall on the date of such cesser become entitled to a pension (in this Act also referred to as a ministerial pension), but only for so long as such person is not a member of either House of the Oireachtas or a member of the European Parliament.”,

and

(b) in section 16 by deleting so much of subsection (2) as amended by subsection (1) of this section and substituting the following:

“such person shall on the date of such cesser become entitled to a pension (in this Act also referred to as a secretarial pension) but only for so long as such person is not a member of either House of the Oireachtas or a member of the European Parliament.”.

(3) Subsection (2) comes into operation—

(a) in the case of membership of Dáil Éireann, on and from the election or deemed election to Dáil Éireann of the person concerned consequent on the holding of a general election for a new Dáil Éireann which first occurs after the passing of this Act,

(b) in the case of membership of Seanad Éireann, on and from the election or nomination to Seanad Éireann of the person concerned consequent on the holding of a general election for a new Seanad Éireann which first occurs after the passing of this Act, and

(c) in the case of a member of the European Parliament, on and from the first day of the European Parliament parliamentary term consequent on the first holding of elections for the European Parliament after the passing of this Act.