Dublin Docklands Development Authority Act, 1997
|
Superannuation. |
35.—(1) Subject to the approval of the Minister, given with the consent of the Minister for Finance, the Authority may make such provision as it considers appropriate in relation to the superannuation of persons appointed under section 34 to, or accepted under section 55 into, the employment of the Authority. | |
(2) (a) In particular, and without prejudice to the generality of subsection (1), the Authority 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 referred to in subsection (1). | ||
(b) A scheme under this subsection shall fix the conditions of membership for all persons to or in respect of whom superannuation benefits are payable under the scheme and different conditions may be fixed in respect of different classes of persons. | ||
(c) The Authority may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this subsection, including a scheme under this paragraph. | ||
(d) 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 subsection such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final. | ||
(e) A scheme under this subsection 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. | ||
(3) No superannuation benefits shall be granted by the Authority on the resignation, retirement or death of a person referred to in subsection (1) otherwise than in accordance with provisions in relation to superannuation made under this section. | ||
(4) Provisions in relation to superannuation made under this section shall, as respects a person accepted into employment of the Authority under section 55 , provide for the granting to or in respect of the person of superannuation benefits upon and subject to terms and conditions that are not less favourable to the person than the terms and conditions which applied to the person immediately before the day on which the person was so accepted into the employment of the Authority in relation to the grant of such benefits. | ||
(5) Where, during the period between the establishment of the Authority and the coming into operation of provisions in relation to superannuation made under this section, superannuation benefits would have been granted to or in respect of a person accepted into employment of the Authority under section 55 in respect of employment with the Custom House Docks Development Authority, the superannuation benefits shall be granted and paid to or in respect of the person by the Authority and, for that purpose, the person's pensionable service with the Authority shall be aggregated with that person's previous pensionable service. |