Court Officers Act, 1945
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Pension of Master of the High Court, Taxing Master or County Registrar. |
4.—(1) Where— | |
(a) a person who holds the office of Master of the High Court, Taxing Master or County Registrar ceases to hold that office (otherwise than on being removed from that office by the Government on the ground of misconduct or inefficiency) either after attaining the age of sixty years or upon medical certificate that he is incapable, from infirmity of mind or body, of discharging the duties of that office and that the infirmity is likely to be permanent, and | ||
(b) he has completed ten or more years of continuous service in one or more of the said offices, | ||
he shall, subject to the provisions of this section, be eligible for a pension consisting of— | ||
(i) if he has completed thirty or more years of such service, two-thirds of the annual remuneration in respect of the office which he ceases to hold, or | ||
(ii) if he has not completed thirty years of such service, one-sixth of the annual remuneration in respect of the office which he ceases to hold together with one-fortieth of that remuneration for each (if any) completed year of such service in excess of ten. | ||
(2) Where a person in receipt of a pension under this section is employed in a situation remunerated out of moneys provided by the Oireachtas, then | ||
(a) the pension shall not be payable in respect of any period during which his remuneration in respect of such situation is equal to or greater than the remuneration by reference to which the pension was computed, and | ||
(b) so much only of the pension shall be payable in respect of any period during which his remuneration in respect of such situation is less than the remuneration by reference to which the pension was computed as with his remuneration in respect of such situation will amount to the remuneration by reference to which the pension was computed. | ||
(3) The part of a pension under this section that is computed by reference to so much of the remuneration of the officer in question as consists of bonus related to a cost-of-living figure shall be liable to variation in like manner as if it were the part of the pension granted under the Superannuation Acts for the time being in force to a civil servant that is computed by reference to so much of the remuneration of such civil servant as consists of bonus related to a cost-of-living figure. | ||
(4) A reference in this section to service of any person shall be construed as a reference to service of such person in respect of which he was remunerated, exclusive of any period during which he was absent on account of illness and was remunerated at a rate determined by reference to the rate which would be appropriate if he were on pension. | ||
(5) Pensions under this section may be granted by the Minister for Finance. | ||
(6) Subsection (5) of section 3 and subsection (5) of section 35 of the Principal Act are hereby repealed. |