Agriculture (Research, Training and Advice) Act, 1988

Superannuation of staff of Teagasc.

9.—(1) Teagasc may, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of persons (other than the Director) appointed, or transferred by section 8 , to whole-time positions on the staff of Teagasc.

(2) A scheme under subsection (1) shall fix the time and conditions of retirement for 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.

(3) Teagasc may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection.

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

(5) No superannuation benefit shall be granted by Teagasc on the resignation, retirement or death of a member of the staff of Teagasc, otherwise than in accordance with a scheme or schemes under this section.

(6) 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 twenty-one 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 done thereunder.

(7) (a) A scheme or schemes under subsection (1) shall, as respects a person transferred by section 8 to a whole-time position on the staff of Teagasc, provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediately before the establishment day in relation to the grant of such benefits.

(b) Where, during the period between the establishment day and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person transferred by section 8 to the staff of Teagasc in respect of his employment with the Institute or An Chomhairle, the superannuation benefits shall be granted and paid to or in respect of the person by Teagasc.

(c) (i) The assets, rights and liabilities (including the obligation to make payments in respect of superannuation benefits) of or under any scheme for the granting of superannuation benefits to or in respect of members of the staff of the Institute or An Chomhairle shall on the establishment day vest in Teagasc without any further conveyance, transfer or assignment for, as respects the assets, all the estate, term or interest, as the case may be, for which the assets were vested in the Institute or An Chomhairle, as the case may be, immediately before the establishment day.

(ii) All moneys, stocks, shares and securities transferred to Teagasc by this subsection that, on the establishment day, are standing in the books of any corporation or company in the name of the Institute or An Chomhairle or of any person who, on the establishment day, is a trustee of a scheme for the granting of superannuation benefits to or in respect of members of the staff of the Institute or An Chomhairle shall, upon the request of Teagasc, be transferred into its name or into the name of such person as it may specify.

(8) In this section and in sections 8 and 10 “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.