Pensions (Abatement) Act, 1965

Amendment of section 28 (11) of Superannuation and Pensions Act, 1963.

7.—The following paragraph is hereby substituted for paragraph (a) of subsection (11) of section 28 of the Superannuation and Pensions Act, 1963 :

“(a) (i) This paragraph shall apply where—

(I) a superannuation allowance or pension (in this paragraph referred to as the pension) is payable under this section to a person (in this paragraph referred to as the pensioner), and

(II) the pensioner receives any payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) (in this paragraph referred to as the payment) in respect of employment in a situation consisting of membership or employment by the Industrial Development Authority or, in the case of James Patrick Beddy, that Authority or the Industrial Credit Company Limited or any of its subsidiaries.

(ii) No more of the pension shall be paid, for any specified period of receipt of the payment, than so much as, with the payment, equals the remuneration which the pensioner would have received in respect of that period if, during it, he—

(I) held the office in which he served on the last day of his pensionable service, but

(II) was remunerated at the rate of remuneration (inclusive of the money value of emoluments (being any apartments, rations, or other perquisites in kind), if any) of which he was in receipt on that day, subject, however, in case changes have taken place (or, if the said office has ceased to exist, would have taken place if it had not ceased to exist) in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified.

(iii) Where the pensioner surrenders under the Superannuation Act, 1956 , part of the pension, then, for the purpose of determining whether any, and, if so, what, amount may be paid to him under the fore-going subparagraph, the rate of remuneration of which he was in receipt on the last day of his pensionable service shall be reduced by the amount surrendered by him as aforesaid.

(iv) In this paragraph ‘specified’ means specified by the Minister for Finance.”