S.I. No. 431/1986 - Houses of the Oireachtas (Members) Pensions (Amendment) Scheme, 1986.

I, RUAIRÍ QUINN, Minister for Public Service, in exercise of the powers conferred on me by section 6A of the Oireachtas (Allowance to Members) Act, 1938 (No. 34 of 1938), as amended by the Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1983 (No. 32 of 1983), hereby make the following scheme:

1. This Scheme may be cited as the Houses of the Oireachtas (Members) Pensions (Amendment) Scheme, 1986.

2. In this Scheme "the Scheme" means the Houses of the Oireachtas (Members) Pension Scheme which was made under section 6A of the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938): and came into force on the 1st day of December, 1960.

3. Clause 1 of the Scheme is hereby amended—

(a) by the substitution of the following definition for the definition of "Child" in subclause (1):

" 'child' means a child or step-child of a member or former member, or a child adopted under the Adoption Acts, 1952 to 1976, by a member or former member.",

(b) by the insertion after the definition of "appropriate age" of the following definition:

" 'personal representative' has the meaning assigned to it by the Succession Act, 1965 .",

and

(c) by the insertion after subclause (2) of the following subclause:

"(3) In this Scheme references to a widow shall be construed as including references to a widower and references to a husband shall be construed as including references to a wife.".

4. The following Clauses shall be inserted after Clause 4 of the Scheme:

"4A (1) Where a pension under this Scheme includes an amount in respect of a period of membership of Seanad Éireann calculable by reference to Clause 5 (1) (c) (i) (B) of this Scheme, an additional contribution to the Fund shall be payable in respect of such period.

(2) The amount of the additional contribution referred to in subclause (1) of this Clause shall be

where A is the difference between the total amount of the Parliamentary Allowance which was paid to the member during the period referred to in the said subclause (1) and the total amount of the Parliamentary Allowance which would have been paid to the member if he had been a member of Dáil Éireann during that period.

(3) Where an additional contribution is payable under this Clause—

(a) in case the member concerned is paid a gratuity under Clause 5A (1) of this Scheme, the amount of the contribution shall be deducted by the Trustees from the amount of the gratuity,

(b) in case a gratuity is paid under Clause 5C (1) of this Scheme in respect of the member concerned, the amount of the contribution shall be deducted by the Trustees from the amount of the gratuity, and

(c) in any other case, the contribution shall be paid in such manner as the Trustees may determine.

4B (1) Where a person ceases, by reason of a dissolution of Dáil Éireann, to be a member of Dáil Éireann and receives a payment under section 3 of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices Act 1983, and after such cesser—

(a) he becomes a member of either House of the Oireachtas, or

(b) a pension under this Scheme becomes payable to or in respect of him,

an additional contribution to the Fund, of an amount determined under subclause (3) of this Clause, shall be payable.

(2) The additional contribution payable under subclause (1) of this Clause shall—

(a) In the case of a person to whom paragraph (a) of that subclause applies, be deducted from the first payments made to him in respect of his Parliamentary Allowance after the dissolution of Dáil Éireann by reference to which he received the payment referred to in the said subclause (1), and

(b) In the case of a person to whom paragraph (b) of that subclause applies, be deducted from the first payment made to or in respect of him under this Scheme after the dissolution of Dáil Éireann by reference to which he received the payment referred to in the said subclause (1).

(3) The amount payable under this Clause shall be—

where A is the annual amount of the Parliamentary Allowance payable to a member of Dáil Éireann at the time the payment referred to in subclause (2) of this Clause is made to him.".

5. (1) Clause 5 of the Scheme is hereby amended—

(a) by the substitution of the following subclause for subclause (1) (c):

"(c) has contributed to the Fund in accordance with the provisions of this Scheme

a pension for his life not exceeding—

(i) 1/40 of the annual amount of the Parliamentary Allowance payable to members of Dáil Éireann in respect of—

(A) each year of service in Dáil Éireann, and

(B) if he was a member of Dáil Éireann on or after the 1st day of September 1983, each year of service in Seanad Éireann which precedes a period of service in Dáil Éireann,

and

(ii) 1/40 of the annual amount of the Parliamentary Allowance payable to members of Seand Éireann in respect of each year of service in either House of the Oireachtas which is not taken into account under subparagraph (i) of this paragraph.",

(b) by the substitution of the following subclause for subclause (2):

"(2) (a) In calculating the length of service of a member for the purposes of this Clause—

(i) the number of years of service referred to in subclause (i) (c) (i) of this Clause of the member shall be obtained by dividing by 365 the total number of days in

(I) all periods during which a Parliamentary Allowance as a member of Dáil Éireann was payable to the member, and

(II) if the member was a member of Dáil Éireann on or after the 1st day of September 1983, all periods which preceded a period of membership by the member of Dáil Éireann and during which a Parliamentary Allowance as a member of Seanad Éireann was payable to him,

and

(ii) the number of years service referred to in subclause (1) (c) (ii) of this Clause shall be obtained by dividing by 365 the total number of days in all periods during which a Parliamentary Allowance as a member of Dáil Éireann or of Seand Éireann was payable to the member and subtracting from the resulting figure the total number of years obtained under subparagraph (i) of this paragraph.

(b) For the purposes of paragraph (a) of this subclause—

(i) the period between a dissolution of Dáil Éireann and polling day at the general election next following that dissolution shall, in the case of a person who was a member of Dáil Éireann immediately before that dissolution, be deemed to be a period of service of the person as a member of Dáil Éireann, and

(ii) any days exceeding 182 in number remaining after a calculation (other than a calculation of the minimum period of eligibility for a pension under this Scheme) of a number of years under paragraph (a) of this subclause shall be taken as a complete year.".

(c) by the substitution of the following subclause for subclause (5):

"(5) Subject to Clause 5B (1) of this Scheme, a pension or gratuity shall not be payable under this Scheme in respect of service in either House of the Oireachtas for a period of less than 8 years or in respect of so much of a period of such service as exceeds 27 years and the amount of a pension or gratuity under this Scheme in respect of the 27th year of such service shall be reduced by one-third.",

(d) by the deletion of paragraph (a) of subclause (10),

(e) by the insertion after subclause (16) of the following subclause:

"(17) Where a person ceases, by reason of a dissolution of Dáil Éireann, to be a member of Dáil Éireann and becomes entitled to receive a Parliamentary Allowance as a member of Seanad Éireann as from the day on which Seand Éireann, newly constituted after such dissolution, first meets, nothing in subclause (1) (b) of this Clause shall prevent the payment during the period between polling day at the general election for Dáil Éireann following such dissolution and the day aforesaid on which Seanad Éireann first meets of a pension in respect of that period.".

(2) A period of membership of the European Assembly by a person who has been a member of either House of the Oireachtas—

(a) in respect of which a benefit is not payable under the European Assembly (Irish Representatives) Pensions Scheme, 1979, to or in respect of that person,

(b) in respect of which contributions were paid by the person under that Scheme, and

(c) which is not concurrent with a period of membership of either House of the Oireachtas which is reckonable under Clause 5 (1) (c) (i) of the Scheme,

shall be reckoned, for the purpose of the said Clause 5, as if it were a period of membership of Dáil Éireann.

(3) Where a period of membership of the European Assembly to which subclause (2) of this Clause applies is concurrent with a period during which the person concerned was a member of Seanad Éireann (being a period to which Clause 5 (1) (c) (i) (B) of the Scheme does not apply), the latter period shall not be reckonable for the purposes of the Scheme as service of the person as a member of Seanad Éireann.

(4) This Clause shall apply, as respects benefits payable under the Scheme on or after the 1st day of September, 1983, to a person becoming entitled to those benefits before, on or after that day.

6. The Scheme is hereby further amended by the insertion of the following Clauses after Clause 5—

"5A. (1) A person who ceases to be a member otherwise than on death and has completed not less than eight years' service as a member shall, in lieu of the pension which would otherwise be paid to him under this Scheme, if he so opts, be paid—

(a) a pension of an amount calculated at the rate of 3/160ths of the annual amount of the Parliamentary Allowance payable to a member of Dáil Éireann or the Parliamentary Allowance payable to a member of Seanad Éireann, as may be appropriate, in respect of each year of service as a member, and

(b) a gratuity of an amount calculated at the rate of 9/160th of the annual amount of the Parliamentary Allowance payable to a member of Dáil Éireann or the annual amount of the Parliamentary Allowance payable to a member of Seanad Éireann, as may be appropriate, in respect of each year of service as a member.

(2) (a) Subject to paragraph (b) of this subclause, where a person who is paid a pension and gratuity under this Clause subsequently becomes a member of either House of the Oireachtas, any period of service in respect of which the gratuity was paid shall not be taken into account in calculating the amount of a gratuity under this Scheme paid subsequently to the person.

(b) Where a person to whom Clause 5 (17) of this Scheme applies ceases by reason of a dissolution of Dáil Éireann to be a member of Dáil Éireann and on such cesser is paid a gratuity under this Clause, he may, within a period of 30 days commencing on his becoming a member of Seanad Éireann, repay to the Trustees the gratuity and, if such repayment is made, the period in respect of which the gratuity was paid shall be reckonable for the purposes of subclause (1) (b) of this Clause.

(3) The amount of a pension payable to a widow under this Scheme (other than Clause 5C of this Scheme) shall, if the member by reference to whom the pension is payable has been paid a pension and gratuity of amounts calculated pursuant to this Clause, be calculated by reference to the amount of the pension so paid to the member.

(4) This Clause shall be deemed to have come into operation on the 1st day of September, 1983.

5B. (1) Where a person ceases to be a member otherwise than on death and is neither a person who, having ceased to be a member by reason of a dissolution of Dáil Éireann, becomes entitled to receive a Parliamentary Allowance as from the day on which either House of the Oireachtas, newly constituted after such dissolution, first meets, nor a member of the Assembly of the European Communities,

(a) if the person has less than 5 years service reckonable for the purposes of this Scheme, the contributions made to the Fund by him shall be refunded to him or if he is deceased, to his personal representative,

(b) if the person was not a member on or after the 1st day of September, 1983, and has not less than 5 years but less than 8 years service reckonable for the purposes of this Scheme, the contributions made to the Fund by him shall be refunded—

(i) to him, if he so opts, or

(ii) to his personal representative if he dies before he can be afforded an option and if no pension under this Scheme was or is payable to any person in respect of such service,

(c) if the person was a member on or after the 1st day of September 1983 and has not less than 5 years but less than 8 years service reckonable for the purposes of this Scheme, at his option, either—

(i) the contributions made to the Fund by him shall be refunded to him, or

(ii) notwithstanding subclause (5) of Clause 5 of this Scheme, there shall be paid to him with effect from the date of his sixtieth birthday or, if upon an earlier date he becomes, in the opinion of the Trustees, unable to earn his livelihood by reason of permanent disability, from that date, in lieu of any other pension payable to him under this Scheme, a pension, of an amount calculated in accordance with subclauses (1) (c) and (2) of Clause 5 of this Scheme and subclause (10) of the said Clause 5 shall apply in respect of him, and

(d) if the person has a period of membership of Seanad Éireann which is not reckonable for the purposes of the said Clause 5, the contributions made to the Fund by him in respect of such period shall be refunded to him.

(2) Where a person ceased to be a member on death before the 20th day of November 1982, and

(a) he had less than 5 years service reckonable for the purposes of this Scheme, or

(b) he had 5 or more years service reckonable for the purposes of this Scheme but no pension under the Scheme was at any time payable to him or to any other person in respect of such service,

the contributions made to the Fund by the first-mentioned person shall be refunded to his personal representative.

(3) Subject to subclause (4) of this Clause, where contributions made to the Fund, or contributions paid under the European Assembly (Irish Representatives) Pensions Scheme, 1979, are refunded to a person, benefits under this Scheme shall not be paid in respect of the service to which the refund relates.

(4) Where a person—

(a) receives a refund of contributions under paragraph (a), (b) or (c) of subclause (1) of this Clause or, having been a member of the European Assembly (Irish Representatives) Pensions Scheme 1979, receives a refund of the contributions paid by him under that Scheme,

(b) becomes a member after the 1st day of September, 1983, and

(c) repays the contributions aforesaid to the Trustees within three months after becoming entitled to sit in the House of the Oireachtas of which he has become a member,

this Scheme shall apply in relation to the person as if the contributions aforesaid had never been refunded to him.

5C. (1) Where on or after the 20th day of November, 1982, a person who is a member dies, having completed not less than one day's service, the Trustees may, at their discretion, with effect from a date not earlier than the 1st day of September 1983, pay in respect of him—

(a) to the widow (if any) or the personal representative of the person a gratuity of an amount equal to—

(i) the annual amount at the time of his death of the Parliamentary Allowance payable of the member, or

(ii) the amount of the gratuity, if any, that would have been payable to the member under Clause 5A of this Scheme if he had ceased to be a member on the day of his death,

whichever is the greater, and

(b) if the person is survived by a widow, a pension to the widow of an amount computed in accordance with Clause 5 (10) of this Scheme with the modifications that, for the purpose of the computation—

(i) there shall be added to the service of the member reckonable for the purpose of this Scheme a period of service in the House of the Oireachtas of which he was a member at the date of his death equal to the period between that date and the date on which he would have attained the age of 65 years, and

(ii) the pension that would have been payable to the member under this Scheme shall be calculated in accordance with Clause 5A of this Scheme.

(2) There shall be deducted by the Trustees from the gratuity in respect of a person payable under subclause (1) of this Clause—

(a) an amount equal to 1½ per cent of the annual amount at the time of his death of the Parliamentary Allowance payable to the member in respect of each additional year of service which is reckoned under subclause (1) (b) (i) of this clause for the purpose of the pension under that subclause,

(b) an additional amount equal to 1½ per cent of the annual amount of the time of his death of the Parliamentary Allowance payable to the member in relation to each additional year of service, if any, referred to in paragraph (a) of this subclause which is also reckoned for the purposes of any benefit payable upon the death of persons who held an office or employment remunerated out of the Central Fund or moneys provided by the Oireachtas or moneys raised by local taxation or were paid members or employees of any board or body established by or under statutory authority, to their spouses and children,

and

(c) where the amount of gratuity is determined in accordance with subclause (1) (a) (i) of this Clause and a gratuity under Clause 5A of this Scheme which was not repaid pursuant to subclause 2(b) of that Clause was previously paid to the member, an amount equal to the amount of the gratuity so paid.

5D. (1) If a member who is paid a pension and a gratuity pursuant to Clause 5A of this Scheme, or in respect of whom a gratuity is paid pursuant to Clause 5C of this Scheme, is survived by a child or children, the Trustees may, in accordance with this Clause, pay a pension to or in respect of such child or children until, in the case of each child, the appropriate age is attained, and the payments shall be in lieu of any other payment or pensions to or in respect of children and orphans under subclauses (10) and (13) of Clause 5 of this Scheme.

(2) (a) A child shall not be eligible for a pension under this Clause in respect of more than one member.

(b) Where, apart from this subclause, a child would be eligible for a pension under this Clause in respect of two or more members, there shall be paid by the Trustees to or in respect of the child one pension only, being whichever of the pensions is, in the opinion of the Trustees, most benefiial to the child.

(a) A pension payable under this Clause shall be paid by the Trustees—

(i) if the child concerned is in the care of the widow of the member concerned, to the widow,

(ii) if the child concerned is in the care of some other person or persons, to that person or, as the case may be, to those persons in such proportions as the Trustees may determine,

(iii) if the child concerned is not in the care of any person, either, as the Trustees may determine, to the child or to such other person or persons as the Trustees may determine and, if the payment is to more than one person, in such proportions as the Trustees may determine.

(b) A pension under this Clause that is paid other than to the child concerned shall be applied for the benefit of the child.

(4) The amount of a pension under this Clause shall be—

(a) if the member is not survived by his widow or if the widow of the member, having survived the member, dies—

(i) where there is only one child of the member, an amount equal to two-thirds of the amount of the pension that would have been payable to the widow of the member if she had survived the member or, as the case may be, that was payable to such widow,

(ii) where there are two or more children of the member, an amount in respect of each child equal to X/Y where X is the annual amount of the pension that would have been payable to the widow of the member and Y is the number of children of the member,

and

(b) subject to subclause (5) of this Clause, if the member leaves a widow—

(i) where there are not more than three children of the member, an amount in respect of each child equal to 1/3 of the amount of the pension payable to the widow under this Scheme, and

(ii) where there are more than three children of the member, an amount in respect of each child equal to X/Y, where X is the annual amount of the pension payable to the widow under this Scheme and Y is the number of children of the member.

(5) (a) Subject to paragraph (c) of this subclause, where, in a case to which paragraph (b) of subclause (4) of this Clause applies, the children concerned are, at the time of, or at any time after, the death of the member concerned, in the care of a person other than his widow and the Trustees so think fit and so declare to the Minister in writing, paragraph (a) of the said subclause (4) shall, for so long as they are in such care, apply in relation to the children.

(b) Subject to paragraph (c) of this subclause, where, in a case to which paragraph (b) of the said subclause (4) applies, some but not all of the children concerned are at the time of, or at any time after, the death of the member concerned in the care of a person other than his widow, and the Trustees so think fit and so declare to the Minister in writing, paragraph (a) of the said subclause (4) shall, for so long as they are in such care, apply in relation to the child or children in the care of the person other than his widow.

(c) The total amount of the pensions payable under this Clause in respect of the children of a member shall not exceed the amount of the pension payable to the widow of the member under this Scheme.

(6) Notwithstanding the foregoing provisions of this Clause, where a pension payable to the widow of a member ceases to be paid on the remarriage of the widow, no pension shall be paid under this Clause after such cesser to a child of the member unless the Trustees so think fit and so declare to the Minister in writing, and in case the Trustees give such a declaration, subclause (4) (a) of this Clause shall apply in relation to the child or children in respect of the period following the cesser of the widow's pension.

5E. Notwithstanding anything in Clauses 5 and 5D of this Scheme where a child or orphan is, by reason of physical or mental infirmity, incapable of maintaining himself and the incapacity first occurred when the child or orphan was under the appropriate age, any pension or addition to pension payable under this Scheme to the child or orphan may, at the discretion of the Trustees, be continued for the lifetime of the child.".

7. Clause 6 of the Scheme is hereby amended by the substitution of "at intervals determined by the Trustees" for "at least once in every five years".

GIVEN under my Official Seal, this 9th day of October, 1986.

RUAIRÍ QUINN,

Minister for the Public Service.