Ombudsman Superannuation Scheme, 1987

JurisdictionIreland
CitationIR SI 70/1987

I, JOHN BRUTON, Minister for the Public Service, in exercise of the powers conferred on me by section 3 (2) of the Ombudsman Act, 1980 (No. 26 of 1980), hereby make the following scheme:

1 Title

1. This Scheme may be cited as the Ombudsman Superannuation Scheme, 1987.

2 Commencement and Application

2. This Scheme shall be deemed to have come into operation on the 1st day of January, 1984.

3 Definitions

3. In this Scheme—

"member" means a person who holds or has held the office of Ombudsman;

"Minister" means the Minister for the Public Service;

"salary", in relation to a member, means the basic rate of remuneration of the member excluding any sums paid in respect of special fees, gratuities, pensionable allowances, travelling allowances, subsistence allowances and the like, the money equivalent of any emolument or benefit in kind (including the use or provision or payments in respect of a motor car or other vehicle) or any payment in respect of such emoluments;

"pensionable allowances", in relation to a member, means such allowances in the nature of pay as are designated by the Minister as pensionable but excluding any sums paid in respect of special fees, gratuities, travelling allowances, subsistence allowances and the like, the money equivalent of any emolument or benefit in kind (including the use or provision or payments in respect of a motor car or other vehicle) or any payment in respect of such emoluments;

"pensionable remuneration", in relation to a member, means the aggregate of the amount of the annual salary of the member on the date of his retirement and the annual average of any pensionable allowances paid to him during his last 3 years of pensionable service;

"pensionable service", in relation to a member, means the aggregate of—

(a) the period of actual service as Ombudsman of the member while the member was under 67 years of age,

(b) in case the aggregate of the actual service of the member as Ombudsman, and any notional period of pensionable service of the member referred to in clauses (c) or (d) of this subparagraph, is less than 15 years, any years purchased by the member under subparagraph 3 of paragraph 4 of this Scheme,

(c) in case payments of an amount in respect of superannuation rights of the member in a former employment are made to the Minister by the employer concerned, such notional period of pensionable service as could be purchased under subparagraph 3 of paragraph 4 of this Scheme for that amount, and

(d) in case the member held an office or employment which was remunerated out of the Central Fund or moneys provided by the Oireachtas or moneys raised by local taxation or in or under or as a paid member of a body established by or under statute, such period of pensionable service (if any) as may be determined for the purposes of this Scheme by the Minister having regard to the nature and duration of the employment;

"personal representative" has the meaning assigned to it by the Succession Act, 1965 (No. 27 of 1965).

Where the pensionable service of a member consists of a year or number of years together with a day or number of days, the day or number of days shall, for the purpose of this Scheme, be expressed by the fraction A/365, where A is the day or number of days.

References in this Scheme, in relation to pensionable service, to years shall be taken as including, where appropriate, references to years and a fraction of a year.

4 Benefits

4. (1) A member who—

(a) having completed at least 5 years' actual service as Ombudsman and being aged 67 years, retires from that office, or

(b) so retires on medical grounds in accordance with paragraph 6 of this Scheme, or

(c) having held office as Ombudsman for not less than 6 years and being eligible and available for reappointment to that office, is not reappointed thereto, or

(d) retires or resigns from the office of Ombudsman having completed not less than 15 years' actual service as Ombudsman and being aged 65 years or more,

shall be awarded and paid by the Minister a pension of an amount per annum calculated at the rate of 1/30th of the amount of his pensionable remuneration for each year of his pensionable service, subject to a maximum of 15/30ths, and a gratuity of an amount calculated at the rate of 1/20th of the amount of his pensionable remuneration for each year of his pensionable service, subject to a maximum of 15/20ths:

provided, however, that in the case of a member who, having held office as Ombudsman for only one term of 6 years and being eligible and available for reappointment to the...

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