S.I. No. 362/1980:

CIVIL SERVICE SUPERANNUATION (NO. 2) REGULATIONS, 1980.

CIVIL SERVICE SUPERANNUATION (NO. 2) REGULATIONS, 1980.

I, GENE FITZGERALD, Minister for the Public Service, in exercise of the powers conferred on me by section 3 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976), hereby make the following Regulations:

1. These Regulations may be cited as the Civil Service Superannuation (No. 2) Regulations, 1980.

2. (1) Section 12 of the Superannuation Act, 1834, is hereby amended as follows:

( a ) the existing provision shall be regarded as being a subsection and for that purpose shall be numbered (1):

( b ) the following subsection is hereby added to the section:

"(2) Where an established civil servant retires or dies on or after the 31st day of October, 1979, and the salary by reference to which his superannuation allowance, additional allowance or gratuity was calculated has been determined by reference to the revised remuneration levels recommended in Report No. 20 of the Review Body on Higher Remuneration in the Public Sector to operate from the 26th day of June, 1979, his salary for the purposes of calculating the said allowance or gratuity shall, if the Minister for the Public Service, in his absolute discretion, so determines and notwithstanding subsection (1) of this section, be deemed to be the salary which would have been appropriate in his case if the appropriate revised remuneration level so recommended to operate from the 26th day of June, 1980, had been implemented from the 31st day of October, 1979.".

(2) The references in section 8 of the Superannuation and Pensions Act, 1963 , as amended by Regulation 11 of the Civil Service Superannuation Regulations, 1980 ( S.I. No. 188 of 1980 ), to section 12 of the Superannuation Act, 1834, shall each be construed as a reference to the said section 12 as amended by this Regulation.

GIVEN under my Official Seal this 1st day of December, 1980.

GENE FITZGERALD

Minister for the Public Service.