Financial Services and Pensions Ombudsman Act 2017

Salary and superannuation

14. (1) In this section, “superannuation benefit” means any pension, gratuity or other allowance payable to or in respect of a person ceasing to be Ombudsman, Deputy Ombudsman or a member of the staff of the Office.

(2) The Ombudsman and the Deputy Ombudsman shall be paid such remuneration and allowances (including travel and subsistence allowances) as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.

(3) The Minister may, with the consent of the Minister for Public Expenditure and Reform, make and carry out such scheme or schemes for the granting of superannuation benefits to or in respect of any person (including the Ombudsman and Deputy Ombudsman) who, on becoming a member of the staff of the Ombudsman, does not become a member of the Single Public Service Pension Scheme.

(4) A scheme under this section shall fix the time and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

(5) The Minister may at any time, with the consent of the Minister for Public Expenditure and Reform, make and carry out a scheme or schemes amending or revoking a scheme under this section.

(6) A scheme under this section shall include a provision for appeals from a decision relating to a superannuation benefit under the scheme.

(7) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done under the scheme.

(8) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Public Expenditure and Reform, whose decision shall be final.

(9) A person who immediately before the establishment day was a member of a superannuation scheme established under—

(a) the Financial Services Ombudsman Bureau Ombudsman and Deputy Ombudsman Superannuation Scheme 2016 ( S.I. No. 209 of 2016 ), or

(b) the Financial Services Ombudsman Bureau Staff Superannuation Scheme 2016 ( S.I. No. 210 of 2016 ),

shall, on and after the establishment day, be entitled to continue to be a member of the scheme in accordance with such of its terms as are in force from time to time.