S.I. No. 343/1983 - Civil Service Superannuation (No. 2) Regulations, 1983.

S.I. No. 343 of 1983.

CIVIL SERVICE SUPERANNUATION (NO. 2) REGULATIONS, 1983.

I, JOHN BOLAND, Minister for the Public Service, in exercise of the powers conferred on me by section 3 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976), hereby make the following regulations:

1. These Regulations may be cited as the Civil Service Superannuation (No. 2) Regulations, 1983.

2. Section 3 of the Superannuation Act, 1887, is hereby amended by the insertion after subsection (10) (A) (inserted by the Civil Service Superannuation Regulations, 1982 ( S.I. No. 335 of 1982 )), of the following subsection:

"(10) (B) (a) In this subsection:

'the Company' means the Dairy Disposal Company Limited;

'the Minister' means the Minister for the Public Service;

'the relevant scheme' means the superannuation scheme for the category of staff of the Company to which a member of the staff of the Company referred to in paragraph (b) of this subsection belonged;

'relevant service' means any service with the Company referred to in paragraph (b) (i) of this subsection.

(b) Any permanent whole-time member of the staff of the Company who:—

(i) has service with the Company for the purposes of the relevant scheme or, in any case where such member's service with the Company was given before the introduction of the relevant scheme, whose service with the Company would, in the opinion of the Minister, have become pensionable under the relevant scheme if such person had remained in the employment of the Company in the same capacity, and

(ii) subsequently became or becomes an established civil servant, may, subject to paragraph (c) of this subsection be credited with reckonable service for the purposes of the Superannuation Acts, 1834 to 1963, and of the Superannuation and Pensions Act, 1976 (No. 22 of 1976), and any regulations and schemes made under any of those Acts, to such extent as the Minister considers appropriate in respect of the relevant service.

(c) Service credited under paragraph (b) of this subsection shall be allowed only in a case where each of the following conditions is satisfied, that is to say—

(i) the person concerned does not qualify under the relevant scheme for a pension, preserved pension, severance gratuity, compensation payment, refund of contributions or any equivalent benefit in respect of the relevant service;

(ii) any amounts due, or becoming due, to or in respect of the person concerned under the relevant scheme in respect of the relevant service are paid to the Minister,

(iii) an appropriate payment as determined by the Minister is made to the Minister by the person concerned in respect of any contributions which would have been payable in respect of that portion (if any) of the relevant service which was not pensionable under the relevant scheme on the date such person ceased to be in the employment of the Company.".

GIVEN under my Official Seal, this 15th day of November, 1983.

JOHN BOLAND,

Minister for the Public Service.

EXPLANATORY NOTE.

These regulations give effect to a minor amendment of the Civil Service Superannuation Code.