Tailte Éireann Act 2022

Further provisions regarding superannuation - Ordnance Survey Ireland

36. (1) A person who held a specified position, and who, before the establishment day—

(a) had retired from that position, or

(b) was deceased,

shall, on and from that day, be deemed to be a retired or deceased member of the Civil Service of the State in respect of that specified position for the purposes of this section.

(2) A person, other than a person referred to in subsection (1), who held a specified position, and who, before the establishment day, resigned or otherwise ceased to hold that position shall, on and from that day, be deemed to be a former member of the Civil Service of the State in respect of that specified position for the purposes of this section.

(3) Subject to subsection (4), any superannuation benefits to which subsection (5) applies awarded to or in respect of a person referred to in subsection (1) or (2) in respect of a specified position held by that person and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before establishment day.

(4) Subsection (3) shall not apply in respect of an arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained.

(5) The pension payments and other superannuation liabilities in respect of a person referred to in subsection (1) or (2) in respect of a specified position held by that person become, on the establishment day, the liabilities of the Minister for Public Expenditure and Reform.

(6) In this section, “specified position” means a position held as a member of the staff of Ordnance Survey Ireland.