Oireachtas (Allowances To Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act, 1998

Amendment of Act of 1938—averaging of service.

14.—(1) The Act of 1938 is hereby amended by the insertion of the following section after section 13C (inserted by the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act, 1998):

“Averaging of ministerial and secretarial service for secretarial pension.

13D.—Where more favourable to the person concerned, a pension calculated under section 16 of this Act on the basis of the annual sum mentioned in subsection (3) of that section may instead be calculated as if that annual sum were the amount of the weighted average of the annual sums payable by way of salary to the current holder of each of the qualifying offices held by the person concerned calculated as follows:

(a) the number of days for which the person concerned held a qualifying office shall be multiplied by the annual sum payable for the time being by way of salary to the current holder of that office, and

(b) the sum of the results obtained in accordance with paragraph (a) of this section in relation to each qualifying office held by the person concerned shall be divided by the total number of days (subject to a maximum of 2,920 days) for which that person held a qualifying office:

Provided that, for the purposes of paragraph (a) of this section, the total number of days which may be reckoned shall not exceed 2,920 days and time served in a qualifying office the current holder of which has a higher salary than the current holder of another qualifying office formerly held by the person concerned shall be reckoned before time served in the other qualifying office.”.

(2) This section and sections 12 and 13 shall be deemed to have come into operation on the 6th day of June, 1997.