S.I. No. 308/1991:

COURTS (PRESERVATION OF SUPERANNUATION) (JUDICIARY) REGULATIONS, 1991.

COURTS (PRESERVATION OF SUPERANNUATION) (JUDICIARY) REGULATIONS, 1991.

I, BERTIE AHERN, Minister for Finance, in exercise of the powers conferred on me by section 5 of the Courts (Supplemental Provisions) (Amendment) Act, 1991 (No. 23 of 1991), and after consultation with the Minister for Justice, hereby make the following regulations:

1. (1) These Regulations may be cited as the Courts (Preservation of Superannuation) (Judiciary) Regulations, 1991.

(2) These Regulations shall be deemed to have come into operation on the 1st day of November, 1973.

2. In these Regulations--

"the Act of 1991" means the Courts (Supplemental Provisions) (Amendment) Act, 1991 (No. 23 of 1991);

"appropriate age" has the meaning assigned to it by Regulation 3 of these Regulations;

"judge", where used without qualification, means a judge of the Supreme Court, a judge of the High Court, a judge of the Circuit Court or a judge of the District Court;

"the Minister" means the Minister for Finance;

"the Principal Act" and "service" have the meanings assigned to them by section 1 (1) of the Act of 1991.

3. (1) Where a judge vacates his office after five years service or upwards (other than as a result of removal from office for stated misbehaviour) without an entitlement to a grant of pension under the Second Schedule to the Principal Act, a pension, hereafter in these Regulations referred to as a "preserved pension", may, on application being made by the judge to the Minister for the grant thereof, be granted to him with effect from the date on which he attains the appropriate age.

(2) In this Regulation "appropriate age" means--

( a ) in the case of a judge of the Supreme Court or High Court, 72 years of age or the earliest age (not being less than 65 years) at which 15 years have elapsed from the date specified in paragraph (3) of this Regulation (whichever is less),

( b ) in the case of a judge of the Circuit Court, 70 years of age or the earliest age (not being less than 65 years) at which 15 years have elapsed from the date specified in paragraph (3) of this Regulation (whichever is less),

( c ) in the case of a judge of the District Court, 65 years of age.

(3) The date referred to in paragraphs (2) (a) and (2) (b) of this Regulation is the date of the appointment of the judge concerned to the office which he vacated or (where his service consists of service in more than one office) the date of his appointment to the first office in which he served.

4. (1) Subject to paragraph (2) of this Regulation a preserved pension shall be of an amount--

( a ) in the case of a judge of the Supreme Court, a judge of the High Court or a judge of the Circuit Court, equal to three-quarters of A X ¹/₆ plus three-quarters of A X ¹/₂₀ X (B minus 5), where A is the remuneration that would have been payable to the judge on the date that he attained the appropriate age if he had continued in office to that date and B is the number of years of service of the judge on the date on which he vacates office, subject to a maximum of 15 years.

( b ) in the case of a judge of the District Court, equal to three-quarters of A X ¹/₆ plus three-quarters of A X ¹/30 X (B minus 5), where A is the remuneration that would have been payable to the judge on the date that he attained the appropriate age if he had continued in office to that date and B is the number of years of service of the judge on the date on which he vacates office, subject to a maximum of 20 years.

(2) In the case of a person in respect of whom a payment pursuant to Regulation 8 of these Regulations is to be made by the Minister, a preserved pension shall be the aggregate of the amount referred to in paragraph (1) (a) or (1) (b) (as may be appropriate) of this Regulation and a sum which, in the opinion of the Minister, represents the capital value on an actuarial basis of the pension that would become payable under regulations made under section 4 of the Act of 1991 to the spouse or any child or children of that person.

5. Where a judge vacates his office with an entitlement to the grant of a preserved pension and before he attains the appropriate age he is appointed a judge again, then on such appointment his entitlement to that preserved pension shall cease.

6. Where a person to whom a preserved pension would be payable dies before attaining the appropriate age and a decision under subsection (2) (b) of section 6 of the Act of 1991 has not been made in respect of him, a gratuity, hereafter in these Regulations referred to as a "preserved death gratuity", may, on application being made to the Minister for the grant thereof by the personal representative of the person, be granted to that personal representative.

7. A preserved death gratuity shall be equal to--

( a ) in the case of a judge of the Supreme Court, a judge of the High Court or a judge of the Circuit Court, one and one half times an amount equal to three quarters of A X ¹/₆ plus three quarters of A X ¹/₂₀ X (B minus 5), where A is the remuneration that would have been payable to the judge on the date of his death if he had continued in office to that date and B is the number of years of service of the judge on the date on which he vacates office, subject to a maximum of 15 years.

( b ) in the case of a judge of the District Court, one and one half times an amount equal to three-quarters of A X ¹/₆ plus three quarters of A X ¹/₃₀ X (B minus 5), where A is the remuneration that would have been payable to the judge on the date of his death if he had continued in office to that date and B is the number of years of service of the judge on the date on which he vacates office, subject to a maximum of 20 years.

8. Where a person with an entitlement to the grant of a preserved pension is appointed to an office or position of emolument in an institution of the European Communities (within the meaning of the European Communities Act, 1972 (No. 27 of 1972)), the Minister may, subject to arrangements being agreed by the Minister with the relevant institution that are, in the opinion of the Minister, satisfactory for the purposes of this Regulation, pay to that institution, a sum which, in the opinion of the Minister, represents the capital value on an actuarial basis of the preserved pension, calculated in accordance with Regulation 4 (2) of these Regulations, that would have become payable to the said person.

GIVEN under my Official Seal this 29th day of November, 1991.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide for the preservation of pension entitlements for judges and for the transfer of preserved pension entitlements to certain institutions of the European Communities.