Oireachtas (Allowances To Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1983

Amendment of section 16 of Act of 1938.

7.—Where, in relation to a person who ceases or ceased to hold ministerial office on or after the 1st day of January, 1978—

(a) the pensionable service (which expression has in this section the same meaning as in the Act of 1938) of the person by reference to his period of ministerial office is or was less than 3 years, and

(b) the pensionable service of the person includes pensionable service by reference to a period of secretarial office (within the meaning of the Act of 1938) other than as a Minister of State,

any pension to which the person is entitled under section 16 of the Act of 1938 shall be calculated by reference to the salary that, in the opinion of the Minister, would have been payable to him if he had held the office of Minister of State throughout the period during which he held such a secretarial office as aforesaid and shall not be calculated by reference to the salary payable to him as the holder of such a secretarial office as aforesaid.