Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act, 2001

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“Ministerial and secretarial pensions for less than 3 years' qualifying service.

13AA.—(1) This section applies to a person to whom section 13A applies where, on ceasing to hold a qualifying office—

(a) the person has completed not less than 2 years, but less than 3 years, of ministerial service, or

(b) the person has completed not less than 2 years, but less than 3 years, of secretarial service.

(2) A person referred to in subsection (1)(a) is, on ceasing to hold office, entitled to a ministerial pension calculated at the rate of 20 per cent of the appropriate salary, plus an additional amount calculated in accordance with subsection (4).

(3) A person referred to in subsection (1)(b) is, on ceasing to hold office, entitled to receive a secretarial pension calculated at the rate of 20 per cent of the appropriate salary, plus an additional amount calculated in accordance with subsection (4).

(4) The calculation for the additional amount referred to in subsections (2) and (3) is as follows:

AA  =

ND

× 0.05 × AS

where—

AA is the amount of additional pension to be determined, and

ND is the number of days’ ministerial or secretarial service exceeding 2 (but less than 3) years, and

AS is the appropriate salary.

(5) For the purposes of this section, the number of years of the person's ministerial service is taken to be the result obtained by dividing by 365—

(a) the number of days during which the person held a ministerial office, and

(b) if the number of days during which the person held the office was not less than 730, half the number of days during which the person held some other qualifying office.

(6) For the purposes of this section, the number of years of the person's secretarial service is taken to be the result obtained by dividing by 365 the number of days during which the person held a qualifying office or qualifying offices.

(7) For the purpose of calculating the ministerial pension of a person to whom this section applies, the appropriate salary is as follows:

(a) if the person has held the office of Taoiseach — the annual salary currently payable to the holder of that office;

(b) if the person has held the office of Tánaiste — the amount calculated in accordance with the formula—

AS =

ND × S1

+

(TD - ND) × S2

where—

AS is the appropriate salary to be determined, and

ND is the number of days during which the person served as Tánaiste, and

TD is the total number of days during which the person served in a ministerial office, and

S1 is the amount of annual salary currently payable to the Tánaiste, and

S2 is the amount of annual salary currently payable to a member of the Government other than the Taoiseach and the Tánaiste;

and

(c) in the case of any other person — the annual salary currently payable to a member of the Government other than the Taoiseach and the Tánaiste.

(8) For the purpose of calculating the secretarial pension of a person, the appropriate salary is as follows:

(a) if the person has held a ministerial office on or after 1 January, 1978 — the annual salary currently payable to the holder of the office of Minister of State,

(b) in the case of any other person — the annual salary currently payable in respect of the last qualifying office (other than a ministerial office) held by the person.

(9) If a person whose entitlement to a pension under this section arises after the commencement of this section applies to the Minister for Finance for payment, the pension is to be paid—

(a) if the application is made not later than 6 months after the date on which the entitlement arises — on and from that date, and

(b) in any other case — on and from the date of the application.

(10) If a person whose entitlement to a pension under this section arose on the commencement of this section applies to the Minister for Finance for payment, the pension is to be paid on and from such date (being a date not earlier than the date of that commencement and not later than the date of the application) as the Minister determines in writing.

(11) Except as provided by subsection (12)—

(a) a person who is receiving a severance allowance under Part V, or

(b) a person who has not reached the age of 50 years,

is not entitled to a pension under this section.

(12) If satisfied that a person referred to in subsection (11)(b) is precluded from earning a livelihood because of having a permanent physical or mental disability, the Minister for Finance may, in writing, direct a pension under this section to be paid to the person. A person in respect of whom such a direction is in force is entitled to be paid a pension in accordance with the direction.

(13) The amount of a pension under this section is to be reduced by 50 per cent during any period that the person to whom it is payable is a member of either House of the Oireachtas or an Irish member of the European Parliament. This subsection does not apply to a person who has held the office of Taoiseach.

(14) Service in an office held by a person to whom this section applies counts for a pension under this section even if the person held the office before the commencement of this section, but in that case the entitlement to the pension arises only on that commencement.

Special provisions for calculating appropriate salary of certain former Attorneys General.

13AB.—(1) This section applies to a person who has, before or after the commencement of this section, held the office of Attorney General but who, for some or all of the time while holding that office, was not also a member of a House of the Oireachtas.

(2) If a person to whom this section applies is entitled to a ministerial pension calculated in accordance with section 13A or 13AA, the appropriate salary for the purposes of calculating the person's pension entitlement under that section is an amount calculated in accordance with the following formula:

AS =

ND × S1

+

(TD - ND) × S2

where—

AS is the appropriate salary to be determined, and

ND is the number of days (not exceeding 3,650) during which the person held office as Attorney General while not also being a member of a House of the Oireachtas, and

TD is the total number of days (not exceeding 3,650) of the person's ministerial service, and

S1 is the annual salary currently payable to a person who holds office as Attorney General while not being a member of a House of the Oireachtas, and

S2 is the annual salary payable to a member of the Government other than the Taoiseach and the Tánaiste.

(3) If a person to whom this section applies is entitled to a ministerial pension calculated in accordance with section 14, the appropriate salary for the purposes of calculating the person's pension entitlement under that section is an amount calculated in accordance with the following formula:

AS =

ND × S1

+

(TD - ND) × S2

where—

AS is the amount of salary to be determined, and

ND is the number of days (not exceeding 2,920) during which the person served as Attorney General while not also being a member of either House of the Oireachtas, and

TD is the total number of days (not exceeding 2,920) of the person's ministerial service, and

S1 is the annual salary currently payable to a person who holds office as Attorney General while not being a member of a House of the Oireachtas, and

S2 is the annual salary payable to a member of the Government other than the Taoiseach and the Tánaiste.

(4) In the case of a person who held the office of Attorney General before the commencement of this section, subsections (2) and (3) apply only on and from that commencement.”.