Industrial Training Act, 1967

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Officers and servants (other than Chief Officer) of An Chomhairle.

12.—(1) An Chomhairle shall appoint such and so many persons to be officers (other than the Chief Officer) and servants of An Chomhairle as An Chomhairle from time to time thinks proper.

(2) Subject to subsection (3) of this section, an officer (other than the Chief Officer) or servant of An Chomhairle shall hold his office or employment on such terms and conditions as An Chomhairle from time to time determines.

(3) Subject to subsection (4) of this section, an officer or servant mentioned in subsection (2) of this section shall be paid, out of moneys at the disposal of An Chomhairle, such remuneration and allowances as the Minister, with the consent of the Minister for Finance, determines.

(4) Where a person who is either an officer (other than the Chief Officer) or a servant in the employment of An Chomhairle becomes a member of either House of the Oireachtas—

(a) he shall, during the period (in this section referred to as the secondment period) commencing upon his becoming entitled under the Standing Orders of that House to sit therein and ending either when he ceases to be a member of that House or, if it should sooner happen, upon his resignation or retirement from such employment or upon the termination of such employment by An Chomhairle, stand seconded from such employment,

(b) he shall not be paid by, or entitled to receive from, An Chomhairle any remuneration or allowances in respect of the secondment period,

(c) if there is in force a scheme made in pursuance of section 13 of this Act and the scheme establishes a fund to which An Chomhairle and the person pay contributions—

(i) the secondment period shall for the purposes of the scheme, be deemed to be service of that person which is reckonable for superannuation benefits under the scheme if, but only if—

(I) he was in the permanent employment of An Chomhairle and was a contributor under the scheme immediately before the commencement of the secondment period,

(II) he elects, by notice in writing given to An Chomhairle within three months after the commencement of the secondment period, to pay contributions under the scheme in respect of the secondment period in accordance with the provisions of this section, and

(III) he pays, at such times and in such manner as the person duly appointed to administer the scheme may specify, contributions under the scheme in respect of the secondment period equal in amount to the aggregate of the contributions which he would have paid and the contributions which An Chomhairle would have paid in respect of the secondment period if he had remained without secondment under this subsection in the service of An Chomhairle during the secondment period and had been in receipt of remuneration from An Chomhairle during that period,

(ii) An Chomhairle shall not pay any contributions under the scheme in respect of the secondment period, but that part of the contributions payable by him as aforesaid which is equal to the amount of the contributions which An Chomhairle would have paid under the scheme in respect of the secondment period if he had remained without secondment under this subsection in the service of An Chomhairle during the secondment period and had been in receipt of remuneration from An Chomhairle during that period shall, for the purposes of the scheme, be deemed to have been paid by An Chomhairle,

(iii) if the secondment period is terminated by his death or by his retirement from such employment, he shall, for the purposes of the scheme, be deemed to have died in or to have been retired from the service of An Chomhairle, as the case may be, and to have been in receipt of remuneration from An Chomhairle immediately before such death or retirement, as the case may be,

(iv) if he does not pay or if, having paid contributions under the scheme in accordance with the provisions of this subsection, he ceases to pay contributions as aforesaid, he shall, for the purposes of the scheme, be deemed to have resigned from such employment,

(I) in case he ceases to pay contributions as aforesaid—on the date of the last payment, and

(II) in any other case—immediately before the commencement of the secondment period.

(5) If a person who is or was an officer or servant of An Chomhairle becomes entitled to a pension under the Ministerial and Parliamentary Offices Acts, 1938 to 1960—

(a) he shall not be entitled to reckon the whole or any part of his period of pensionable service, within the meaning of those Acts, for any superannuation benefits payable under a scheme made in pursuance of section 13 of this Act,

(b) if he has paid any contributions in accordance with the provisions of subsection (4) of this section in respect of that period, so much thereof as is equal to the amount of the contributions which he would have paid in respect of that period under the scheme if he had remained without secondment under the said subsection (4) in the service of An Chomhairle during that period and had been in receipt of remuneration from An Chomhairle during that period, shall be returned to him if and when a payment of benefit or a return of other contributions is made to him under the scheme.

(6) A reference in subsections (4) or (5) of this section to the receipt by any person of remuneration from An Chomhairle shall be taken as a reference to the receipt by that person of remuneration from An Chomhairle at the rate at which he was being remunerated by An Chomhairle on the last day of his whole-time employment with An Chomhairle before his secondment under the said subsection (4).

(7) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming an officer or servant of An Chomhairle.