Higher Education Authority Act 2022

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SCHEDULE 3

Superannuation

Section 31

1. An tÚdarás may, after the commencement of section 7 and subject to section 31 , prepare and submit to the Minister a scheme or schemes amending the schemes made under section 15 of the Higher Education Authority Act 1971 for the granting of superannuation benefits to or in respect of—

(a) such members of the staff of An tÚdarás (including the Chief Executive Officer, but not including persons to whom the Single Public Service Pension Scheme applies by virtue of Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 ) as it considers appropriate, and

(b) former members of the staff of An tÚdarás, including those who are deceased.

2. Every 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 times and conditions may be fixed in respect of different classes of persons.

3. The Minister for Public Expenditure and Reform may amend the time and conditions of retirement and any such amendments shall be included in the scheme.

4. An tÚdarás may prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this Schedule.

5. A scheme or amending scheme submitted to the Minister under this Schedule shall, if approved by the Minister, with the consent of the Minister for Public Expenditure and Reform, be carried out by An tÚdarás in accordance with its terms.

6. Every scheme made under this Schedule shall make provision for appeals.

7. A superannuation benefit shall not be granted by An tÚdarás to or in respect of any members of the staff of An tÚdarás (including the Chief Executive Officer) who are members of a scheme made under section 15 of the Higher Education Authority Act 1971 or a scheme under this Schedule and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with a scheme made under that section 15 or such scheme or schemes submitted and approved under this Schedule or an arrangement approved by the Minister, with the consent of the Minister for Public Expenditure and Reform.

8. The Minister shall cause every scheme submitted and approved under this Schedule to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either House within the next 21 days on which that House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.