Courts of Justice Act, 1936
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Pension rights of justices of the District Court. |
48.—(1) Subject to the provisions of this section, every justice of the District Court who, after the passing of this Act, resigns or otherwise for any cause vacates his office after having completed thirty or more years of service shall be entitled for his life to a pension amounting to two-thirds of his salary at the time he so resigns or vacates his office. | |
(2) Subject to the provisions of this section, every justice of the District Court who, after the passing of this Act, vacates his office owing to age or permanent infirmity after having completed ten or more years and less than thirty years of service shall be entitled for his life to a pension calculated at the rate of one-sixth of his salary at the time he so vacates his office with the addition of one-fortieth of his said salary for every completed year of service in excess of ten such years. | ||
(3) Any person who, at the passing of this Act, holds office as a justice of the District Court may, by notice in writing sent to the Minister for Finance not more than three months after such passing, elect to retain the pension rights conferred by section 75 of the Principal Act, and, where any such person so elects, the foregoing sub-sections of this section shall not apply to him and, in lieu thereof, the said section 75 shall (notwithstanding the repeal of that section by this Act) continue to apply to such person subject to the following modifications, that is to say:— | ||
(a) the amount of any pension to which a person becomes entitled under the said section 75 (as so applied) after the passing of this Act shall be ten per cent. greater than the amount of the pension to which he would have been entitled under the said section 75 if this section had not been enacted but subject to the limitation that the amount of such pension shall not, by virtue of the addition of such percentage, exceed one-half of the salary of such person at the time he vacates his office, and | ||
(b) for the purposes of the subsequent provisions of this section, a pension payable under the said section 75 as applied by this section shall be deemed to be a pension under this section and the said provisions shall apply and have effect accordingly. | ||
(4) A justice of the District Court who was formerly a District Justice under the District Justices (Temporary Provisions) Act, 1923 (No. 6 of 1923), shall be entitled to reckon for the purposes of this section or of section 75 of the Principal Act as applied by this Act his services as such District Justice as service as a justice of the District Court, and if he shall vacate his office as such justice of the District Court owing to age or permanent infirmity after less than twenty years' service (reckoned as aforesaid) he shall be deemed, for the purposes of this section, to have served in his said office for twenty years. | ||
(5) Where a person in receipt of a pension under this section is employed in a situation remunerated out of moneys provided by the Oireachtas, then— | ||
(a) such pension shall not be payable in respect of any period during which the remuneration of such person in such situation is equal to or greater than his remuneration in his former office in respect of which he is entitled to such pension, and | ||
(b) so much only of such pension shall be payable in respect of any period during which the remuneration of such person in such situation is less than his remuneration in his said former office as with his remuneration in such situation will amount to his remuneration in his said former office. | ||
(6) This section shall apply and be deemed always to have applied to every justice of the District Court who was formerly a District Justice under the District Justices (Temporary Provisions) Act, 1923 (No. 6 of 1923), and vacated his office owing to age before the passing of this Act, and accordingly every such justice shall be entitled and be deemed always to have been entitled, as from the date on which he so vacated his office, to such pension as he would have been entitled to if this section had then been in force, but subject to such adjustment as the Minister for Finance shall direct in respect of pension, gratuity, and allowance paid to him under section 75 of the Principal Act before the passing of this Act. | ||
(7) Section 15 of the Principal Act shall apply to pensions payable under this section in like manner as it applies to the pensions mentioned in that section. |