Radiological Protection Act, 1991

Superannuation of staff of Institute.

13.—(1) The Institute 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 Chief Executive Officer) appointed to whole-time positions on the staff of the Institute.

(2) A scheme under subsection (1) of this section 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) The Institute 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) A scheme, or amending scheme, or revoking scheme submitted to the Minister under this section shall, if approved of by the Minister with the consent of the Minister for Finance, be carried out by the Institute in accordance with its terms.

(5) 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.

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

(7) 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 previously done thereunder.

(8) (a) A scheme or schemes under subsection (1) of this section shall, as respects a member of staff referred to in section 12 (5) of this Act, 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 immediatelybefore 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 referred to in section 12 (5) of this Act in respect of his employment with the Board, the superannuation benefits shall be granted and paid to or in respect of the person by the Institute.

(9) In this section and in sections 12 and 14 of this Act “superannuation benefits” means pensions, gratuities and other allowances payable on or in respect of resignation, retirement or death.