Fisheries Act, 1980

Staff superannuation generally.

33.—(1) The Central Board shall, subject to section 31 of this Act, prepare and submit to the Minister a scheme or schemes for the granting of superannuation allowances by way of pension, lump sum or gratuity to, or in respect of, such whole-time employees of—

(a) the Central Board,

(b) any regional board,

as the Central Board shall think fit; provided that a scheme under this section which relates to the staff of a regional board shall be so submitted by the Central Board only after consultation with that board and provided also that the Central Board shall, as soon as conveniently may be after the commencement of this section, prepare and submit such scheme or schemes under this section as is or are necessary to provide for the granting in accordance therewith of such allowances to or in respect of each person employed for the time being in a whole-time capacity by any regional board.

(2) A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for the Public Service, be implemented by the board or boards to which it relates in accordance with its terms.

(3) The Central Board may at any time, with the approval of the Minister given with the concurrence of the Minister for the Public Service, amend a scheme under this section; provided that in case such a scheme relates to any regional board the scheme shall only be amended under this subsection after consultation with the regional board or, as may be appropriate, each of the regional boards, concerned.

(4) A scheme submitted and approved under this section shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, it shall be submitted to the Minister for determination by him subject to the agreement of the Minister for the Public Service.

(6) No pension, gratuity, allowance or other payment shall be granted by the Central Board or a regional board to or in respect of a member of its staff to whom a scheme under this section applies, nor shall any other arrangements be entered into by any such board for the provision of such pension, gratuity, allowance or other payment on the resignation, retirement or death of such a member of its staff, otherwise than in accordance with the scheme.

(7) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.