S.I. No. 354/1992 - Houses of the Oireachtas (Members) Pensions (Amendment) (No. 2) Scheme, 1992.

S.I. No. 354 of 1992.

HOUSES OF THE OIREACHTAS (MEMBERS) PENSIONS (AMENDMENT) (NO. 2) SCHEME, 1992.

I, BERTIE AHERN, Minister for Finance, in exercise of the powers conferred on me by section 6A (as amended by section 4 of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1983 (No. 32 of 1983)) of the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938), hereby make the following scheme:

1. This Scheme may be cited as the Houses of the Oireachtas (Members) Pensions (Amendment) (No. 2) Scheme, 1992.

2. In this Scheme—

"the new Scheme" means the old Scheme as amended by Clause 7 of this Scheme;

"the old Scheme" means the Houses of the Oireachtas (Members) Pensions Scheme as defined in section 1 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992 (No. 3 of 1992), and as amended by the Houses of the Oireachtas (Members) Pensions (Amendment) Scheme, 1992 ( S.I. No. 300 of 1992 );

"the operative date" means—

( a ) in the case of a member of Dáil Éireann, the polling day at the general election for Dáil Éireann which next occurs after the 25th day of November, 1992, and

( b ) in the case of a member of Seanad Éireann, the polling day at the general election for Seanad Éireann which next occurs after the polling day referred to in paragraph (a) of this definition.

3. This Scheme applies to and in respect of any person who—

( a ) is a member of either House of the Oireachtas on or after the operative date applicable to members of that House, or

( b ) (i) is a member of Dáil Éireann at any time during the period beginning on the 5th day of November, 1992, and ending on the date of the dissolution of Dáil Éireann which next occurs thereafter, or

(ii) is a member of Seanad Éireann at any time during the period beginning on the day before the polling day at the general election for Seanad Éireann which next occurs after the 5th day of November, 1992, and ending on the day before the polling day at the general election for Seanad Éireann which next occurs after the first-mentioned polling day.

4. (1) Subject to subclause (2) of this Clause and to Clause 6 of this Scheme, the provisions of the new Scheme shall apply to—

( a ) persons referred to in Clause 3 of this Scheme who have less than 2,920 days of actual reckonable service prior to the operative date,

( b ) persons referred to in Clause 3 of this Scheme who have not less than 2,920 days of actual reckonable service prior to the operative date and who, in accordance with the provisions of Clause 5 of this Scheme, exercise an option to adopt the provisions of the new Scheme.

(2) In the case of a person referred to in paragraph (a) of subclause (1) of this Clause—

( a ) who has not less than 1,825 days of actual reckonable service prior to the operative date, and

( b ) who, on finally ceasing to be a member of the Oireachtas, has less than 2,920 days of actual reckonable service, the amount of any widow's pension which becomes payable under the new Scheme in respect of that person shall not in any case be less than the amount which would have been so payable if, on his final cesser of membership, the person's actual reckonable service was increased by a number of days of service, in the House of which he was a member on the date of such cesser, equal to the difference between the number of days of his actual reckonable service and 2,920 days.

(3) In subclauses (1) and (2) of this Clause, the term "actual reckonable service" has the meaning assigned to it in Clause 1 (1) of the new Scheme.

5. (1) The option referred to in Clause 4 of this Scheme shall be exercised in such manner as the Trustees may determine.

(2) In the case of a person who—

( a ) is a member on the relevant operative date, or

( b ) is a person referred to in Clause 3 (b) of this Scheme,

the option must be exercised not later than 3 months after the said operative date.

(3) In the case of a person, other than a person referred to in subclause (2) of this Clause, who becomes a member after the relevant operative date, the option must be exercised within 3 months of the date on which he so becomes a member.

(4) If a person referred to in subclause (2) or subclause (3) of this Clause dies while eligible to exercise an option but without exercising such option, he shall be deemed to have exercised the option.

(5) If, during a period during which he is eligible to exercise an option, a person applies for a benefit under the old Scheme, he shall thereupon cease to be eligible to exercise an option unless he subsequently becomes a member of either House of the Oireachtas.

6. (1) Subject to subclauses (2) and (3) of this Clause, the new Scheme shall, in the case of persons referred to in Clause 4 (1) of this Scheme, apply to and in respect of such persons with effect from the operative date, and the old Scheme shall cease to apply to and in respect of such persons with effect from the said date.

(2) A person referred to in Clause 3 (b) of this Scheme may exercise an option to adopt the provisions of the new Scheme before—

( a ) in the case of a person referred to in paragraph (b) (i) of Clause 3 of this Scheme, the date of the dissolution of Dáil Éireann which next occurs after the 25th day of November, 1992, or

( b ) in the case of a person referred to in paragraph (b) (ii) of Clause 3 of this Scheme, the day preceding the polling day at the general election for Seanad Éireann which next occurs after the said dissolution of Dáil Éireann,

and, if the person exercises such an option, the new Scheme shall apply to and in respect of that person with effect from such date as is determined in his case by the Minister, being a date not earlier than—

( c ) in the case of a person referred to in paragraph (a) of this subclause, the 25th day of November, 1992, and

( d ) in the case of a person referred to in paragraph (b) of this subclause, the date of the polling day at the general election for Seanad Éireann which next occurs after the 25th day of November, 1992.

(3) The old Scheme shall cease to apply to and in respect of a person referred to in subclause (2) of this Clause as from the date with effect from which the new Scheme applies to and in respect of that person.

7. The old Scheme is hereby amended in relation to or in respect of persons referred to in Clauses 4 and 6 (2) of this Scheme—

( a ) by the insertion in Clause 1 (1) of the following definitions:

"`actual reckonable service' means service referred to in paragraphs (a) to (d) of the definition of reckonable service as a member of Dáil Éireann' and service referred to in paragraph (a) of the definition of `reckonable service as a member of Seanad Éireann';

'reckonable service as a member of Dáil Éireann' means, subject to Clauses 5C (2) and 5H (2)—

( a ) service in respect of which a salary as a member of Dáil Éireann is payable; and

( b ) in the case of a person who is a member of Dáil Éireann on the date of a dissolution of Dáil Éireann, the period between the date of the dissolution and polling day at the general election for Dáil Éireann next following the dissolution; and

( c ) service in respect of which a salary as a member of Seanad Éireann is payable, if such service precedes a period of membership of Dáil Éireann; and

( d ) service as a representative in the European Parliament which is reckonable pursuant to Clause 5J (2); and

( e ) notional service as a member of Dáil Éireann which is reckonable pursuant to Clause 5K.

'reckonable service as a member of Seanad Éireann' means, subject to Clauses 5C (2), 5H (2) and 5J (3)—

( a ) service which does not precede a period of membership of Dáil Éireann and in respect of which a salary as a member of Seanad Éireann is payable; and

( b ) notional service as a member of Seanad Éireann which is reckonable pursuant to Clause 5K.",

( b ) by the amendment of Clause 4A by—

(i) the deletion in subclause (1) of "calculable by reference to Clause 5 (1) (c) (i) (B)" and the substitution therefor of "referred to in paragraph (c) of the definition of 'reckonable service as a member of Dáil Éireann' in Clause 1 (1)";

(ii) the deletion in subclause (3) (a) of "Clause 5A (1) of";

(iii) the deletion in subclause (3) (b) of "Clause 5C (1)" and the substitution therefor of "Clause 5A (3) or Clause 5D", and

( c ) by the substitution of the following for Clauses 5, 5A, 5B, 5C, 5D and 5E—

"5. (1) The Trustees may pay to each person who—

( a ) has not less than 1,095 days of actual reckonable service, and

( b ) has contributed to the Fund in accordance with Clause 4 hereof, and

( c ) has ceased to be a member of either House of the Oireachtas, and

( d ) (i) on so ceasing has attained the age of 50 years, or

(ii) ceases to be a member in circumstances such that the Trustees are satisfied, having regard to such medical certification as they consider appropriate, that cesser is by reason of permanent disability and so declare to the Minister in writing,

(A) a pension for his life of an amount equal to—

where—

A is (I) the number of days, if any, of the person's reckonable service as a member of Dáil Éireann, or

(II) 7,300 days,

whichever is the lesser,

B is the annual amount of the salary payable to members of Dáil Éireann on the date with effect from which a pension becomes payable to the person,

C is (I) the number of days, if any, of the person's reckonable service as a member of Seanad Éireann, or

(II) 7,300 days minus the number of days represented by A above,

whichever is the lesser, and

D is the annual amount of the salary payable to members of Seanad Éireann on the date with effect from which a pension becomes payable to the person,

and

(B) subject to Clause 5I (1), a gratuity equal to three times the amount of the pension.

(2) A pension and gratuity under this Clause shall, on application therefor by the person concerned to the Trustees in such form as may be prescribed by them, be payable with effect from the later of—

( a ) the date of the person's cesser of membership, or

( b ) if an allowance referred to in Clause 5C (1) is payable to the person, the date immediately following the cesser of payment of that allowance:

Provided that if a person to whom this Clause applies dies before he has applied for a gratuity, or before such gratuity has been paid to him, the Trustees may, at their discretion, pay the gratuity to his widow (if any) or to his personal representative.

(3) In the case of a person who is a member of Dáil Éireann on the dissolution of Dáil Éireann and is not elected at the general election for Dáil Éireann next following that dissolution, that person's date of cesser of membership of Dáil Éireann shall, for the purposes of subclause (2) of this Clause, be deemed to be the date of the polling day at the said general election.

5A. (1) The Trustees may pay to each person who satisfies the requirements in Clause 5 (1) other than in paragraph (d) thereof, and subsequently—

( a ) attains the age of 50 years; or

( b ) becomes, in the opinion of the Trustees having regard to such medical certification as they consider appropriate, who so declare it to the Minister in writing, precluded from earning a living by reason of permanent disability,

a pension and gratuity.

(2) The pension and gratuity payable under subclause (1) of this Clause shall be calculated in accordance with Clause 5 (1), except that B and D in the formula for the calculation of a pension under the said Clause 5 (1) shall mean the annual amount of the salary payable to a serving member of Dáil Éireann or Seanad Éireann, as appropriate, on the relevant date.

(3) Where a person who satisfies the requirements in Clause 5(1) other than in paragraph (d) thereof, dies before a pension and gratuity is paid to him under subclause (1) of this Clause, the Trustees may, at their discretion, pay to his widow (if any) or personal representative a gratuity of an amount equal to the gratuity which would have been payable to him under this Clause on the date of his death if the Trustees had, on that date, decided that subclause (1) (b) of this Clause should apply in his case.

(4) A pension and gratuity under subclause (1) of this Clause shall, on application to the Trustees in such form as may be prescribed by them, be payable with effect from the relevant date.

(5) In subclauses (2) and (4) of this Clause, "the relevant date" means—

( a ) in a case referred to in subclause (1) (a) of this Clause, the date on which the person attains age 50, or

( b ) in a case referred to in subclause (1) (b) of this Clause, the date on which the Trustees form the opinion that the person is precluded from earning a living by reason of permanent disability,

or if, on either such date, an allowance referred to in Clause 5C (1) is payable to the person, the date immediately following the date on which payment of that allowance ceases.

5B. (1) A person who—

( a ) satisfies the requirements in Clause 5 (1) other than in paragraph (d) thereof, and

( b ) has ceased to be a member on grounds other than death or permanent disability, and

( c ) is aged between 45 and 50 years of age, and

( d ) is not in receipt of an allowance referred to in Clause 5C (1),

may opt, in such manner as is specified by the Trustees, to have reduced benefits payable to him with effect from the date of application therefor in lieu of the pension and gratuity otherwise payable under Clause 5A.

(2) The said reduced benefits shall be the relevant percentages set out in the Table hereunder of the pension and gratuity which would have been payable to the person under Clause 5A if, on the date of his option for benefits under this Clause, the Trustees had determined that Clause 5A (1) (b) was applicable in his case.

TABLE

(3) On the death of a person who has opted for reduced benefits under this Clause, any widow's or children's pensions payable under this Scheme in respect of that person will be calculated as if he had not so opted.

5C. (1) A pension shall not be payable under this Scheme during any period during which an allowance is payable under Regulation 7 of the Oireachtas (Termination Allowance) Regulations, 1992, and any gratuity payable under this Scheme shall not be paid until the allowance under the said Regulation 7 ceases to be payable.

(2) Subject to subclause (3) of this Clause, a person shall not be entitled to reckon the same period of time both for the purposes of a pension under this Scheme and also for the purposes of a pension or other benefit under any other pension scheme or arrangement which is financed wholly or mainly from public funds.

(3) The provisions of subclause (2) of this Clause shall not apply—

( a ) to pensions payable under the Ministerial and Parliamentary Offices Acts, 1938 to 1992, or under the European Assembly (Irish Representatives) Pensions Scheme, 1979, or

( b ) to periods of time preceding the operative date as defined in Clause 2 of the Houses of the Oireachtas (Members) Pensions (Amendment) (No. 2) Scheme, 1992.

(4) Where a person has made contributions to the Fund in accordance with Clause 4 in respect of a period of service as a member which, pursuant to subclause (2) of this Clause, is not reckoned for the purposes of a pension under this Scheme, such contributions shall be refunded to the person on his ceasing to be a member.

(5) If a person who is in receipt of a pension under this Scheme, other than a widow's pension, becomes entitled to sit in either House of the Oireachtas, the pension shall cease with effect from the date on which payment of the person's salary commences.

5D. Where a person who is a member dies, the Trustees may, at their discretion, pay in respect of him, to the widow (if any) or the personal representative of the person a gratuity of an amount equal to—

( a ) the annual amount at the time of his death of the salary payable to the member, or

( b ) the amount of the gratuity, if any, that would have been payable to the member under Clause 5 if he had ceased, on the day of his death, to be a member in the circumstances outlined in subclause (1) (d) (ii) of that Clause,

whichever is the greater.

5E. (1) Subject to subclause (3) of this Clause, the Trustees may pay to a widow whose husband dies—

( a ) while a member of either House of the Oireachtas, or

( b ) after ceasing to be a member but while he is in receipt of a pension under this Scheme or who, being under the age of 50 years, would have become entitled to receive a pension at that age,

a pension until her widowhood ceases not exceeding one-half of—

( c ) if her husband did not die while a member or did not cease to be a member due to permanent disability, subject to Clause 5B (3), the said pension;

( d ) if her husband died while a member, the pension which would have been payable to him if Clause 5 (1) (d) (ii) had applied to him on the date of his death and he had, on that date, reckonable service equal to the aggregate of

(i) his actual reckonable service on that date, and

(ii) a period of service in the House of the Oireachtas of which he was a member on the date of his death equal to the period between the date of his death and the date on which he would have attained the age of 65 years;

( e ) if her husband died after ceasing to be a member on grounds of permanent disability, the pension which would have been payable to him on the date of such cesser if he had, on that date, reckonable service equal to the aggregate of—

(i) his actual reckonable service on that date, and

(ii) a period of service in the House of the Oireachtas of which he was a member at the date of cesser equal to the period between the date of cesser and the date on which he would have attained the age of 65 years.

(2) Notwithstanding the provision relating to cesser of widowhood in subclause (1) of this Clause, where,

( a ) a widow's pension under this Clause ceases by virtue of the said provision, and

( b ) at a subsequent date to the date of the remarriage by reason of which the widow's pension ceased, the Trustees are satisfied that the remarriage has come to an end, or that there are compassionate grounds for the payment of pension, they may, if they think fit, regrant the widow's pension as from—

(i) in case the remarriage has come to an end, the date on which the marriage ended,

(ii) in any other case, a date not earlier than the date on which the relevant application is received by them.

(3) Where a widow was married to a member or former member for less than a year prior to the date of his death and where there are no children of the marriage, the Trustees may, at their discretion, direct that no pension be paid to her.

(4) Where a person—

( a ) who is paid a pension and gratuity under Clause 5, or

( b ) who is a person to whom Clause 5A applies, or

( c ) in respect of whom a gratuity is paid under Clause 5D,

is survived by a child or children, the Trustees may, in accordance with this Clause, pay a pension to or in respect of such child or children until, in the case of each child, the appropriate age is attained.

(5) ( a ) A child shall not be eligible for a pension under this Clause in respect of more than one member.

( b ) Where, apart from paragraph (a) of this subclause, a child would be eligible for a pension under this Clause in respect of two or more members, there shall be paid by the Trustees to or in respect of the child one pension only, being whichever of the pensions is, in the opinion of the Trustees, most beneficial to the child.

(6) A child's pension shall be paid by the Trustees—

( a ) if the child concerned is in the care of the widow of the member concerned, to the widow,

( b ) if the child concerned is in the care of some other person or persons, to that person or, as the case may be, to those persons in such proportions as the Trustees may determine,

( c ) if the child concerned is not in the care of any person, either, as the Trustees may determine, to the child or to such other person or persons as the Trustees may determine and, if the payment is to more than one person, in such proportions as the Trustees may determine.

(7) A child's pension which is paid other than to the child concerned shall be applied for the benefit of the child.

(8) The amount of a child's pension shall be—

( a ) if the member is not survived by his widow or if the widow of the member, having survived the member, dies—

(i) where there is only one child of the member, an amount equal to two-thirds of the amount of the pension that would have been payable to the widow of the member if she had survived the member or, as the case may be, that was payable to such widow,

(ii) where there are two or more children of the member, an amount in respect of each child equal to where X is the pension that would have been payable to the widow of the member and Y is the number of children of the member,

and

( b ) subject to subclause (9) of this Clause, if the member leaves a widow—

(i) where there are not more than three children of the member, an amount in respect of each child equal to one-third of the amount of the pension payable to the widow under this Scheme, and

(ii) where there are more than three children of the member, an amount in respect of each child equal to where X is the annual amount of the pension payable to the widow under this Scheme and Y is the number of children of the member.

(9) Subject to subclause (10) of this Clause, where, in a case to which paragraph (b) of subclause (8) applies—

( a ) the children concerned are, at the time of, or at any time after the death of the member concerned, in the care of a person other than his widow and the Trustees so think fit and so declare to the Minister in writing, paragraph (a) of the said subclause (8) shall, for so long as they are in such care, apply in relation to the children,

( b ) some but not all of the children concerned are at the time of, or at any time after, the death of the member concerned in the care of a person other than his widow, and the Trustees so think fit and so declare to the Minister in writing, paragraph (a) of the said subclause (8) shall, for so long as they are in such care, apply in relation to the child or children in the care of the person other than his widow.

(10) The total amount of the pensions payable under this Clause in respect of the children of a member shall not exceed the amount of the pension payable to the widow of the member under this Scheme.

(11) Notwithstanding the foregoing provisions of this Clause, where a pension payable to the widow of a member ceases to be paid on the remarriage of the widow, no pension shall be paid under this Clause after such cesser to a child of the member unless the Trustees so think fit and so declare to the Minister in writing, and in case the Trustees give such a declaration, paragraph (a) of subclause (8) of this Clause shall apply in relation to the child or children in respect of the period following cesser of the widow's pension.

(12) Notwithstanding the provision in subclause (4) of this Clause concerning attainment of the appropriate age, where a child is, by reason of physical or mental infirmity, incapable of maintaining himself and the incapacity first occurred when the child was under the appropriate age, any pension payable to the child under this Clause may, at the discretion of the Trustees, be continued for the lifetime of the child.

5F. A pension awarded under this Scheme may be increased as if it were computed by reference to the rate of salary payable from time to time to a member of Dáil Éireann or of Seanad Éireann, as the case may be.

5G. (1) Where a gratuity is paid under Clause 5D in respect of a person who is survived by a widow, or a gratuity is paid under Clause 5 (1) to a married person who ceases to be a member in the circumstances described in Clause 5 (1) (d) (ii), there shall be deducted by the Trustees from the gratuity—

( a ) an amount equal to 2 per cent of the annual amount at the date of the person's death, or the date with effect from which the gratuity under Clause 5 (1) is payable, as appropriate, of the relevant salary in respect of each additional year of service which is reckonable under subparagraph (d) (ii), or subparagraph (e) (ii), of Clause 5E (1) for the purposes of a widow's pension, and

( b ) where the amount of the gratuity is determined in accordance with paragraph (a) of Clause 5D and a gratuity which was not repaid pursuant to Clause 5I (2) was previously paid to the member, an amount equal to the amount of the gratuity so paid.

(2) Years of service for the purpose of subclause (1) of this Clause shall be calculated by dividing by 365 the number of days in a period referred to in subparagraph (d) (ii), or subparagraph (e) (ii), as appropriate, of Clause 5E (1), and any fraction of a year in the result of the calculation shall be reckoned on a pro rata basis.

5H. (1) Where a person who has less than 1,095 days of actual reckonable service ceases to be a member otherwise than on death and is neither a person who, having ceased to be a member by reason of a dissolution of Dáil Éireann, becomes entitled to receive a salary as from the day on which either House of the Oireachtas, newly constituted after such dissolution, first meets, nor a representative in the European Parliament, the contributions made to the Fund by him shall be refunded to him.

(2) Subject to subclause (3) of this Clause, where contributions made to the Fund, or contributions paid under the European Assembly (Irish Representatives) Pensions Scheme, 1979, are refunded to a person, benefits under this Scheme shall not be paid in respect of the service to which the refund relates.

(3) Where a person—

( a ) receives a refund of contributions under subclause (1) of this Clause or, having been a member of the European Assembly (Irish Representatives) Pensions Scheme, 1979, receives a refund of the contributions paid by him under that scheme,

( b ) becomes a member, and

( c ) repays the contributions aforesaid to the Trustees within three months after becoming entitled to sit in the House of the Oireachtas of which he has become a member,

this Scheme shall apply in relation to the person as if the contributions aforesaid had never been refunded to him.

5I. (1) Subject to subclause (2) of this Clause, where a person who is, or was, paid a pension and gratuity under this Scheme subsequently becomes a member of either House of the Oireachtas, any period of service in respect of which the said gratuity (hereinafter referred to as "the original gratuity") was paid shall not be taken into account in calculating the amount of a gratuity under this Scheme (hereinafter referred to as "the subsequent gratuity") paid subsequently to the person:

Provided that, where the original gratuity was paid under the old Scheme (as defined in Clause 2 of the Houses of the Oireachtas (Members) Pensions (Amendment) (No. 2) Scheme, 1992) the period of service in respect of which the original gratuity was paid may be taken into account in the calculation of the subsequent gratuity, but the subsequent gratuity shall be reduced by an amount equivalent to—

where—

A is the amount of the original gratuity which was calculated by reference to service as a member of Dáil Éireann,

B is the salary as a member of Dáil Éireann by reference to which the subsequent gratuity is calculated,

C is the salary as a member of Dáil Éireann by reference to which the original gratuity was calculated,

D is the amount of the original gratuity which was calculated by reference to service as a member of Seanad Éireann,

E is the salary as a member of Seanad Éireann by reference to which the subsequent gratuity is calculated, and

F is the salary as a member of Seanad Éireann by reference to which the original gratuity was calculated.

(2) Where a person ceases, by reason of a dissolution of Dáil Éireann, to be a member of Dáil Éireann and becomes entitled to receive a salary as a member of Seanad Éireann as from the day on which Seanad Éireann, newly constituted after such dissolution, first meets, and on the said cesser is paid a gratuity under this Scheme, he may, within a period of 30 days commencing on his becoming a member of Seanad Éireann, repay to the Trustees the gratuity and, if such repayment is made, the period in respect of which the gratuity was paid shall be reckonable for the purposes of this Scheme.

5J. (1) For the purposes of this Scheme, the period between a dissolution of Dáil Éireann and polling day at the general election next following that dissolution shall, in the case of a person who was a member of Dáil Éireann immediately before that dissolution, be deemed to be a period of membership of Dáil Éireann during which the person was paid a salary as a member of Dáil Éireann.

(2) A period of membership of the European Parliament by a person who has been a member of either House of the Oireachtas—

( a ) in respect of which a benefit is not payable under the European Assembly (Irish Representatives) Pensions Scheme, 1979, to or in respect of that person, and

( b ) in respect of which contributions were paid by the person under that Scheme, and

( c ) which is not concurrent with a period of membership of either House of the Oireachtas which is reckonable under the definition of A in Clause 5(1) (A),

shall be reckoned, for the purposes of this Scheme, as if it were a period of membership of Dáil Éireann.

(3) Where a period of membership of the European Parliament to which subclause (2) of this Clause applies is concurrent with a period during which the person concerned was a member of Seanad Éireann (being a period which is not reckonable under the definition of A in Clause 5 (1) (A)) the latter period shall not be reckonable for the purposes of this Scheme as service of the person as a member of Seanad Éireann and the contributions made to the Fund by the person in respect of the said membership of Seanad Éireann shall be refunded to him.

5K. Where a person ceases to be a member in accordance with Clause 5 (1) (d) (ii), the Trustees may decide that a period of notional service in the House of the Oireachtas of which he was a member at the date of cesser may be added to his actual reckonable service as follows:

( a ) where his actual reckonable service is less than 1,825 days, the notional service shall be a period equivalent to such actual reckonable service, or, if less, an amount of notional service equivalent to the period of additional reckonable service which the person would have if he had served to the age of 65 years,

( b ) where his actual reckonable service is not less than 1,825 days but less than 3,650 days, the notional service shall be the greater of—

(i) 3,650 days minus the number of days of his actual reckonable service, or, if less, an amount of notional service equivalent to the period of additional reckonable service which the person would have if he had served to the age of 65 years, or

(ii) 1,217 days, or, if less, an amount of notional service equivalent to the period of additional reckonable service which the person would have if he had served to the age of 50 years,

( c ) where his actual reckonable service is equal to or greater than 3,650 days, the notional service shall be 1,217 days, or, if less, an amount of notional service equivalent to the period of additional reckonable service which the person would have if he had served to the age of 50 years.".

8. (1) The provisions of this Clause shall apply to a person, other than a person referred to in Clause 5 (4) of this Scheme, who is eligible to exercise an option under Clause 5 but does not do so.

(2) As regards the person's reckonable service prior to the operative date, if the person ceases to be a member in circumstances such that a pension under Clause 5 (1) of the old Scheme, or a pension and gratuity under Clause 5A of the old Scheme, would have been payable to him, he may, at his option, be granted such pension, or such pension and gratuity, as appropriate, in respect of that service, in accordance with the provisions of the old Scheme.

(3) As regards the person's reckonable service on or after the operative date, the provisions of the new Scheme shall apply in relation to any pension which becomes payable to the person, and any gratuity which becomes payable to or in respect of the person, in respect of such service as if Clause 5 (1) (a) of that Scheme did not apply, provided that:

( a ) if a period of service is added to the person's actual reckonable service by virtue of Clause 5K, the period so added shall not exceed the period which could have been added under that Clause if the person's actual reckonable service for the purposes of that Clause was the aggregate of his actual reckonable service given before, on, and after the operative date, and

( b ) the person's reckonable service on or after the operative date shall not exceed the lesser of—

(i) the number of days of such reckonable service, including any period of service added by virtue of Clause 5K, or

(ii) the number of days determined by the formula

where A is the number of days calculated by multiplying by 365 the number of years of the person's reckonable service prior to the operative date, as determined in accordance with subclause 5 (2) of the old Scheme, or, if lesser, 9,733.

(4) Where the person's membership ceases by reason of death, the application of Clause 5D of the new Scheme shall be modified in such a case, in that the gratuity referred to in paragraph (b) of the said Clause 5D shall mean the aggregate of the gratuities which would have been payable to the person if, on the date of his death, Clause 5 (1) (d) (ii) of the new Scheme had applied in his case.

(5) Any widow's pension or children's pension or both such pensions payable in respect of a person to whom this Clause applies shall be calculated—

( a ) where the person dies after he has ceased to be a member—

(i) in respect of the person's service prior to the operative date, by reference to the provisions of Clause 5 (10), or Clauses 5A (3) and 5D, as appropriate, of the old Scheme, and

(ii) in respect of the person's service on or after the operative date, by reference to the provisions of Clause 5E of the new Scheme; or

( b ) where the person dies while a member, as if he had exercised the option referred to in Clause 4 of this Scheme.

GIVEN under my Official Seal, this 25th day of November, 1992.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

This Amending Scheme provides for certain changes in the Houses of the Oireachtas (Members) Pensions Scheme, taking into account recommendations made in Report 35 of the Review Body on Higher Remuneration in the Public Sector.