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Superannuation (Part 2)
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55. (1) The Garda Commissioner shall, with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make a scheme or schemes for the granting of superannuation benefits to or in respect of any person appointed as a member of garda staff or any person who, on becoming a member of garda staff, does not become a member of the Single Public Service Pension Scheme.
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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 Garda Commissioner may, with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make a scheme amending a scheme under this section including a scheme under this subsection.
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(4) A scheme under this section shall, if approved by the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, be carried out by the Garda Commissioner in accordance with its terms.
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(5) A scheme under this section shall include a provision for appeals from a decision relating to a superannuation benefit under the scheme.
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(6) Where any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable pursuant to a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Public Expenditure, National Development Plan Delivery and Reform, whose decision shall be final.
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(7) No superannuation benefits shall be granted by the Garda Commissioner to or in respect of a person on ceasing to be a member of the garda staff otherwise than—
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(a) in accordance with a scheme or schemes under this section, or
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(b) with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.
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(8) A scheme under this section 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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(9) Subsection (8) shall, with all necessary modifications, apply to an amendment to a scheme under this section as it applies to a scheme under this section.
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(10) In this section—
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“amending”, in relation to a scheme under this section, includes revoking the scheme;
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“superannuation benefit” means any pension, gratuity or other allowance payable to or in respect of a person ceasing to be a member of garda staff.
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