Land Commissioners’ Pension Scheme, 1979

• Jurisdiction: Ireland
• Citation: IR SI 217/1979
• Year: 1979

S.I. No. 217 of 1979.

LAND COMMISSIONERS' PENSION SCHEME, 1979.

I, RAY MACSHARRY, Minister of State at the Department of the Public Service, in exercise of the powers conferred on me by section 2 of the Superannuation and Pensions Act, 1976 (No. 15 of 1976), and the Public Service (Delegation of Ministerial Functions) Order, 1978 ( S.I. No. 117 of 1978 ), hereby make the following scheme:— 1. This Scheme may be cited as the Land Commissioners' Pension Scheme, 1979. 2. This Scheme, other than Article 12 (2), shall be deemed to have come into force on the 1st day of June, 1979. 3. In this Scheme—

"Land Commissioner" means a Commissioner (other than the Judicial Commissioner) of the Irish Land Commission;

"medical certificate" means, in relation to the retirement of any person, a medical certificate having regard to which the Minister of State is satisfied that the person to whom the certificate relates is incapable from infirmity of mind or body of discharging the duties of his office and that that infirmity is likely to be permanent;

"the Minister of State" means the Minister of State at the Department of the Public Service;

"preserved death gratuity", "preserved pension" and "preserved lump sum" have, except in paragraph (a) of Article 12 (1), the meaning assigned to them, respectively, by Article 10 (1) of this Scheme;

"salary" means the salary attaching to the office of Land Commissioner on the day the person concerned ceases to hold that office;

"superannuation benefit" means any annual allowance, additional allowance, gratuity, preserved pension, preserved lump sum, preserved lump sum, preserved death gratuity or refund of contributions made under the superannuation provisions and includes any transfer of reckonable service for superannuation purposes under arrangements approved of by the Minister of State;

"the superannuation provisions" means the Superannuation Acts, 1834 to 1963, together with any warrant or regulation made under these Acts, and any Scheme made under the Superannuation and Pensions Act, 1976 (No. 15 of 1976), apart from this Scheme;

"the Widows' Scheme" means the Widows' and Children's (Miscellaneous Offices) Contributory Pension Scheme, 1978 ( S.I. No. 5 of 1978 );

"years" means a figure determined by the formula where A is the number of completed years in the period in question and B is any number of days additional to a completed year or a number of completed years in that period, and "year" shall be construed accordingly. 4. This Scheme appiles to a person who—

( a ) holds the office of Land Commissioner at any time on or after the 1st day of June, 1979, and

( b ) has not at the time of his appointment to such office any service which may be reckoned for or in connection with the award of a superannuation benefit. 5. (1) Where a person to whom this Scheme applies, having held the office of a Land Commissioner for a period of not less than five years, retires on or after reaching the age of sixty, or retires on a medical certificate, the Minister of State may, subject to paragraph (3) of this Article, grant him a pension equal to the aggregate of—

( a ) one-eightieth of his salary multiplied by the number of years of service as a Land Commissioner, and,

( b ) one-eightieth of his salary multiplied by the number of years (if any) of such service after the tenth.

(2) Where a person retires from the office of a Land Commissioner on a medical certificate, and his retirement is due solely to his infirmity, and that infirmity was not caused, or substantially caused, by deliberate or negligent action by the person, the Minister of State may, in his absolute discretion, decide that the pension payable to the person under paragraph (1) of this Article may, subject to paragraph (3) of this Article, be increased by:

( a ) if his length of service as a Land Commissioner was at least five years but does not exceed ten years, an amount obtained by the formula here A is his salary and B is a number equal to the lesser of:

(i) the number of years of service he had as a Land Commissioner,

(ii) the number of years between the date of his retirement and the date on which he would attain the age of sixty-seven

( b ) if his length of service as a Land Commissioner was at least ten years but does not exceed twenty years, an amount obtained by the formula where A is his salary and B is a number equal to the greater of:

(i) the difference between twenty years and the number of years of service he had as a Land Commissioner, or if that difference is greater than the number of years between the date of his retirement and the...