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

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Number 33 of 2001


MINISTERIAL, PARLIAMENTARY AND JUDICIAL OFFICES AND OIREACHTAS MEMBERS (MISCELLANEOUS PROVISIONS) ACT, 2001


ARRANGEMENT OF SECTIONS

PART 1

Preliminary

Section

1.

Short title and commencement.

PART 2

Amendment of Ministerial and Parliamentary Offices Act, 1938

2.

Interpretation: Part 2.

3.

Amendment of section 3 of the 1938 Act — remuneration of members of the Government, etc.

4.

Substitution of section 4 of the 1938 Act — remuneration of Attorney General.

5.

Substitution of section 5 of the 1938 Act — remuneration of the Chairman and Deputy Chairman of Dáil Éireann.

6.

Substitution of section 6 of the 1938 Act — remuneration of the Chairman and Deputy Chairman of Seanad Éireann.

7.

Amendment of the 1938 Act — insertion of new section 6A (Remuneration of the Leader of Seanad Éireann).

8.

Amendment of section 8A of the 1938 Act — increase of salaries payable under Part II.

9.

Amendment of the 1938 Act — insertion of new sections 8B, 8C and 8D.

10.

Amendment of the 1938 Act — insertion of new sections 11 and 11A.

11.

Amendment of the 1938 Act — definitions for the purpose of Part IV.

12.

Amendment of section 13A of the 1938 Act — ministerial pensions and secretarial pensions.

13.

Amendment of the 1938 Act — insertion of new sections 13AA and 13AB.

14.

Amendment of the 1938 Act — insertion of new section 13E (special provisions for pensions payable to certain Ministers of State).

15.

Substitution of section 20 of the 1938 Act (pensions and allowances payable to surviving spouses and children of deceased office holders).

16.

Amendment of the 1938 Act — insertion of sections 20A, 20B and 20C.

17.

Amendment of section 29 of the 1938 Act — annual rate of severance allowance.

18.

Amendment of the 1938 Act — insertion of section 29A (severance allowance payable to certain former Ministers of State).

19.

Amendment of section 31 of the 1938 Act — special allowance for former Taoiseach.

20.

Amendment of the 1938 Act — insertion of new Part VI (miscellaneous provisions).

PART 3

Amendment of Oireachtas (Allowances to Members) Act, 1938

21.

Interpretation: Part 3.

22.

Amendment of long title of the 1938 Act.

23.

Amendment of section 2 of the 1938 Act — salaries and travelling facilities of members of the Oireachtas.

24.

Amendment of section 3 of the 1938 Act — amount of salary payable to members of the Oireachtas.

25.

Amendment of section 3A of the 1938 Act — increase and decrease of salaries payable under this Act.

26.

Amendment of the 1938 Act — insertion of sections 3B, 3C and 3D.

27.

Amendment of section 6A of the 1938 Act — deductions for contributory pension scheme.

28.

Amendment of the 1938 Act — insertion of section 6B (references in other Acts, etc. to allowances payable under this Act).

PART 4

Amendment of Ministerial and Parliamentary Offices (Amendment) Act, 1952

29.

Repeal of section 4 of the Ministerial and Parliamentary Offices (Amendment) Act, 1952 (widows' pensions).

PART 5

Amendment OF Courts (Supplemental Provisions) Act, 1961

30.

Interpretation: Part 5.

31.

Amendment of section 46 of the 1961 Act — provisions in relation to remuneration and pensions of judges and justices.

32.

Amendment of the 1961 Act — insertion of section 46A (remuneration to be adjusted automatically by reference to salary increases in Civil Service).

PART 6

Amendment OF Oireachtas (Allowances to Members) Act, 1962

33.

Amendment of section 2 of the Oireachtas (Allowances to Members) Act, 1962 — telephone and postal facilities.

PART 7

Amendment OF Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1983

34.

Repeal of sections 2, 3 and 8 of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1983.

PART 8

Amendment of Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992

35.

Interpretation: Part 8.

36.

Repeal of section 2 of the 1992 Act (salaries for members of Oireachtas).

37.

Amendment of section 3 of the 1992 Act — allowances for expenses for members of Oireachtas and Attorney General.

PART 9

Amendment of Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act, 1998

38.

Interpretation: Part 9.

39.

Amendment of section 3 of the 1998 Act — allowances to whips and others.

40.

Amendment of the 1998 Act — insertion of section 3A (allowances payable to certain Ministers of State).

41.

Substitution of section 6 of the 1998 Act (payment of allowances and allocations).

42.

Amendment of section 7 of the 1998 Act — increase of allowances and allocations corresponding with general increase of remuneration in Civil Service.

43.

Amendment of section 8 of the 1998 Act — orders relating to allowances under sections 3, 3A and 4 and allocations under section 5.

44.

Amendment of the 1998 Act — insertion of section 8A (right of Ministers and others to elect not to accept increase in allowance).

PART 10

Portability of Service of Certain Holders of Public Offices

Chapter 1

Interpretation and application

45.

Interpretation: Part 10.

46.

Public offices to which this Part applies.

47.

Purpose of this Part.

48.

Power of Minister to designate organisation as an approved organisation.

Chapter 2

Entitlement to transfer previous pensionable service.

49.

Entitlement to have certain previous service treated as parliamentary service.

50.

Entitlement to have parliamentary service treated as service in another public body.

51.

Entitlement to have previous service treated as service as judge or court officer.

52.

Entitlement to have judicial service treated as service as holder of other office.

53.

Exercise of entitlement to transfer service to be subject to terms and conditions.

54.

Transferred service not to be treated as service for purpose of earlier scheme.

55.

Service not to be treated as pensionable service where pension already paid, etc.

56.

Application to have previous service treated as pensionable service.

Chapter 3

Supplementary provisions.

57.

Power to make necessary amendments to existing pension scheme.

58.

Ministerial orders to be laid before Oireachtas.

59.

Powers of Trustees in relation to the operation of this Part.

Acts Referred to

Adoption Act, 1991

1991, No. 28

Adoption Acts, 1952 to 1998

Civil Service Commissioners Act, 1956

1956, No. 45

Courts (Supplemental Provisions) Act, 1961

1961, No. 39

Courts (Supplemental Provisions) (Amendment) (No. 2) Act, 1968

1968, No. 21

European Assembly (Irish Representatives) Act, 1979

1979, No. 19

Military Service Pensions Act, 1924

1924, No. 48

Military Service Pensions Act, 1934

1934, No. 43

Ministerial and Parliamentary Offices Act, 1938

1938, No. 38

Ministerial and Parliamentary Offices (Amendment) Act, 1952

1952, No. 19

Oireachtas (Allowances to Members) Act, 1938

1938, No. 34

Oireachtas (Allowances to Members) Act, 1962

1962, No. 32

Oireachtas (Allowances to Members) (Amendment) Act, 1994

1994, No. 21

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960

1960, No. 12

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1973

1973, No. 22

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1977

1977, No. 29

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1983

1983, No. 32

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992

1992, No. 3

Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act, 1998

1998, No. 5

Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act, 1996

1996, No. 39

Superannuation and Pensions Act, 1963

1963, No. 24

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Number 33 of 2001


MINISTERIAL, PARLIAMENTARY AND JUDICIAL OFFICES AND OIREACHTAS MEMBERS (MISCELLANEOUS PROVISIONS) ACT, 2001


AN ACT TO AMEND THE MINISTERIAL AND PARLIAMENTARY OFFICES ACTS, 1938 TO 1998, THE OIREACHTAS (ALLOWANCES TO MEMBERS) ACT, 1938, AND CERTAIN OTHER ACTS TO MAKE FURTHER PROVISION FOR THE REMUNERATION, ALLOWANCES AND SUPERANNUATION PAYABLE TO AND IN RESPECT OF CERTAIN HOLDERS AND FORMER HOLDERS OF MINISTERIAL, PARLIAMENTARY AND JUDICIAL OFFICES; TO PROVIDE FOR THE TRANSFER OF PREVIOUS PENSIONABLE SERVICE OF PERSONS WHO HOLD SUCH OFFICES; AND TO PROVIDE FOR RELATED MATTERS. [16th July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: