Local Government (Planning and Development) Act, 1983

Superannuation of members of Board.

9.—(1) The Minister may with the concurrence of the Minister for the Public Service—

(a) make a scheme or schemes for the granting of pensions, gratuities or other allowances to or in respect of the chairman and ordinary members ceasing to hold office,

(b) make a scheme or schemes for the granting of gratuities to or in respect of persons ceasing to hold office by virtue of section 10 of this Act.

(2) A scheme under this section may provide that the termination of the appointment of the chairman or of an ordinary member during that person's term of office shall not preclude the award to him under the scheme of a pension, gratuity or other allowance.

(3) The Minister may, with the concurrence of the Minister for the Public Service, amend a scheme made by him under this section.

(4) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity, or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for the Public Service, whose decision shall be final.

(5) A scheme under this section shall be carried out by the Board in accordance with its terms.

(6) No pension, gratuity or other allowance shall be granted by the Board to or in respect of any person referred to in subsection (1) of this section ceasing to hold office otherwise than in accordance with a scheme under this section.

(7) Notwithstanding section 25 of this Act, the scheme made by the Minister under Article 28 of the Schedule to the Act of 1976, shall continue in force and may be amended as if made under this section.

(8) Every scheme made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.