No. 32/1961:

MILK (REGULATION OF SUPPLY AND PRICE) (AMENDMENT) ACT, 1961

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Superannuation.

3 Short title, collective citation and construction.

AN ACT TO AUTHORISE THE MAKING OF SUPERANNUATION SCHEMES BY BOARDS ESTABLISHED UNDER SECTION 8 of THE MILK (REGULATION OF SUPPLY AND PRICE) ACT, 1936 .

[9th August, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

"the Act of 1936" means the Milk (Regulation of Supply and Price) Act, 1936 ;

"board" means a board established under section 8 of the Act of 1936;

"staff" means the secretary and other officers, servants and agents referred to in section 19 of the Act of 1936.

2.—(1) ( a ) A board may prepare and submit to the Minister a scheme or schemes for the granting of superannuation allowances by way of pension or gratuity or both for its chairman (if he is employed in a whole-time capacity as chairman) and for such classes of its permanent staff employed in a whole-time capacity as, with the consent of the Minister given with the concurrence of the Minister for Finance, it determines should be pensionable.

( b ) Where any person is chairman of more than one board and the service rendered by him to the boards of which he is chairman is equivalent to the service that would be rendered by him to a board if he were employed in a whole-time capacity as chairman of that board, he may be regarded, for the purposes of a scheme prepared under this section by the board that pays him the greatest amount of remuneration in respect of his services as chairman, as being employed by that board in a whole-time capacity as chairman and where, by reason of being so regarded, any allowance under that scheme is paid to or in respect of that person, any other board of which he is chairman shall refund to the board by which the allowance was paid such part of the cost of the allowance as may be determined by agreement between the latter board and that other board or, in default of agreement, by the Minister with the concurrence of the Minister for Finance.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to whom allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(3) A board may at any time prepare and submit to the Minister a scheme amending a scheme previously submitted by the board and approved of under this section.

(4) A scheme submitted to the Minister under this section shall be stated as having effect as from a day (which may be a day before such submission) specified in that behalf in the scheme.

(5) A scheme submitted to the Minister under this section shall, if approved of by him with the concurrence of the Minister for Finance, be carried out by the board in accordance with its terms.

(6) If any dispute arises as to the claim of any person to, or the amount of, any allowance payable in pursuance of a scheme under this section, the dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(7) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(8) Subsection (2) of section 29 of the Act of 1936 shall apply to any contributions paid to a board under a scheme under this section as if such contributions were received by the board under Part II of the Act of 1936 and subsections (3), (4) and (5) of the said section 29 shall apply to amounts payable by a board in respect of allowances under a scheme under this section as if payment of the amounts by the board were required by the said Part II.

3.—(1) This Act may be cited as the Milk (Regulation of Supply and Price) (Amendment) Act, 1961 .

(2) The Milk (Regulation of Supply and Price) Acts, 1936 to 1952, and this Act may be cited together as the Milk (Regulation of Supply and Price) Acts, 1936 to 1961.

(3) The Milk (Regulation of Supply and Price) Acts, 1936 to 1952, and this Act shall be construed together as one Act.