No. 16/1961:

COURTS OF JUSTICE AND COURT OFFICERS (SUPERANNUATION) ACT, 1961

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Superannuation gratuities for and in respect of judges and justice.

3 Provisions in respect of existing judges and justice.

4 Superannuation gratuities for and in respect of certain court officers.

5 Provisions in respect of certain existing court officers.

6 Regulations.

7 Surrender of part of pension by judges, justices and certain court officers for pension for wife or dependant.

8 Charge of certain superannuation payments on Central Fund.

9 Payments and expenses of Minister and sums received in respect of medical examinations.

10 Short title and collective citation.

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE SUPERANNUATION OF JUDGES OF THE SUPREME COURT, THE HIGH COURT AND THE CIRCUIT COURT, OF JUSTICES OF THE DISTRICT COURT AND OF CERTAIN COURT OFFICERS.

[20th June, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

"the Act of 1936" means the Courts of Justice Act, 1936 ;

"the Act of 1945" means the Court Officers Act, 1945 ;

"the Acts" means the Courts of Justice Acts, 1924 to 1959;

"justice" means a justice of the District Court;

"the Minister" means the Minister for Finance.

(2) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment including this Act.

2.—(1) This section applies to—

( a ) a person appointed a judge of the Supreme Court, the High Court or the Circuit Court or a justice after the passing of this Act, and

( b ) a person who, in accordance with the provisions of section 3 of this Act and of regulations under section 6 of this Act, adopts the provisions of this section.

(2) Upon the grant of a pension under the Acts to any person to whom this section applies, there shall be granted to that person a gratuity of an amount equal to one and one-half times the yearly amount of the pension (including any part thereof surrendered under section 7 of this Act) as reduced under subsection (5) of this section.

(3) Upon the death, while holding office as a judge of the Supreme Court, the High Court or the Circuit Court or as a justice after five years' service or upwards as a judge or justice, as the case may be, of any person to whom this section applies, there shall be granted to the legal personal representative of that person a gratuity of an amount equal to the yearly amount of his salary as a judge or justice, as the case may be, at the time of his death.

(4) If any person to whom a pension under the Acts and a gratuity under this section have been granted dies at a time when the amount paid to him on foot of the pension and the gratuity is less by any sum than the yearly amount of his salary as a judge of the Supreme Court, the High Court or the Circuit Court or as a justice, as the case may be, at the time when he ceased to hold office as such judge or justice, as the case may be, there shall be granted to the legal personal representative of that person a gratuity of an amount equal to that sum.

(5) The yearly amount payable, but for this subsection, of a pension granted under the Acts to a person to whom this section applies shall be reduced by one-fourth.

3.—(1) Subject to subsection (2) of this section and to regulations under section 6 of this Act, a person who held office as a judge of the Supreme Court, the High Court or the Circuit Court or as a justice immediately before the passing of this Act may, while holding such office, adopt, the provisions of section 2 of this Act.

(2) Subsection (1) of this section does not apply to—

( a ) a justice who has made the election provided for in section 48 of the Act of 1936 and who has confirmed that election in accordance with subsection (3) of section 18 of the Courts of Justice Act, 1917, or

( b ) a justice who held office as a justice at the passing of the Act of 1936 (other than a justice referred to in paragraph (a)of this subsection) unless he has made the election provided for in subsection (1) of the said section 18.

4.—(1) This section applies to—

( a ) a person appointed Master of the High Court, a Taxing Master or a County Registrar after the passing of this Act, and

( b ) a person who, in accordance with the provisions of section 5 of this Act and of regulations under section 6 of this Act adopts the provisions of this section.

(2) Upon the grant of a pension under the Court Officers Acts, 1926 to 1951, to any person to whom this section applies, there shall be granted to that person a gratuity of an amount equal to one and one-half times the yearly amount of the pension (including any part thereof surrendered under section 7 of this Act) as reduced under subsection (5) of this section.

(3) Upon the death, while holding office as Master of the High Court or as a Taxing Master or a County Registrar after five years' service or upwards as Master of the High Court or as a Taxing Master or a County Registrar, as the case may be, of any person to whom this section applies, there shall be granted to the legal personal representative of that person a gratuity of an amount equal to the yearly amount of his salary as Master of the High Court or as a Taxing Master or a County Registrar, as the case may be, at the time of his death.

(4) If any person to whom a pension under the Court Officers Acts, 1926 to 1951, and a gratuity under this section has been granted dies at a time when the amount paid to him on foot of the pension and the gratuity is less by any sum than the yearly amount of his salary as Master of the High Court or as a Taxing Master or a County Registrar, as the case may be, at the time when he ceased to hold office as Master of the High Court or as a Taxing Master or a County Registrar, as the case may be, there shall be granted to the legal personal representative of that person a gratuity of an amount equal to that sum

(5) The yearly amount payable, but for this subsection, of a pension granted under the Court Officers Acts, 1926 to 1951, to a person to whom this section applies shall be reduced by one-fourth.

5.—(1) Subject to subsection (2) of this section and to regulations under section 6 of this Act, a person who held office as Master of the High Court, a Taxing Master or a County Registrar immediately before the passing of this Act may, while holding such office, adopt the provisions of section 4 of this Act.

(2) Subsection (1) of this section does not apply to a person who held office as Master of the High Court, a Taxing Master or a County Registrar at the passing of the Act of 1945 unless he has made the election provided for in section 5 of that Act.

6.—(1) The Minister may, after consultation with the Minister for Justice, make regulations for the purposes of sections 3 and 5 of this Act.

(2) The regulations under this section may, in particular, make provision with respect to all or any of the following matters:

( a ) notification by a person of his wish to adopt the provisions of section 2 or section 4, as the case may be, of this Act may be lodged not later than a specified date;

( b ) a person shall not be entitled to adopt the provisions of section 2 or 4, as the case may be, of this Act unless the Minister decides that he is of sound health;

( c ) where a person is required to undergo medical examination under the regulations he may be required to pay such fee as the Minister may determine in respect of the examination.

7.—(1) ( a ) In this section—

"dependant" means, in relation to a person, a member of the family of such person who, at the time when such person notifies the Minister of his wish to make a surrender under this section, is wholly or in part dependent on the earnings of such person;

"member of the family" means father, mother, stepfather, step-mother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister, uncle, aunt, nephew, niece, son-in-law or daughter-in-law.

( b ) For the purposes of the definition of "member of the family" contained in paragraph (a)of this subsection, a person adopted under the Adoption Act, 1952 , shall be considered as the son or daughter of the adopter or adopters born to him, her or them in lawful wedlock and not to be the son or daughter of any other person.

(2) ( a ) Subject to the subsequent provisions of this section and of regulations made by the Minister, a person retiring from office as a judge of the Supreme Court, the High Court or the Circuit Court, a justice, Master of the High Court, a Taxing Master or a County Registrar otherwise than on the ground of ill-health on or after the day appointed to be the appointed day under paragraph (d)of this subsection may, with respect to any pension that may be granted to him under the Acts or the Court Officers Acts, 1926 to 1951, as the case may be, surrender part of that pension as from its commencement in return for the grant by the Minister under this Act of a pension to the wife or one dependant of the person specified by him.

( b ) The regulations under this subsection may, in particular, make provision with respect to all or any of the following matters:

(i) notification by a person of the person's wish to make a surrender under this section may be lodged not later than a specified time before the date of retirement,

(ii) a person shall not be entitled to make a surrender under this section unless the Minister decides that the person is of sound health,

(iii) requirement by the Minister of production by a person wishing to make a surrender under this section of any proofs which the Minister may consider necessary (including, in particular, production of a statutory declaration that the proposed grantee (not being the wife of the person) is, in relation to the person, a dependant),

(iv) a surrender shall remain valid, unless duly cancelled or amended, notwithstanding that as the result of a subsequent alteration of the amount or estimated amount, of the pension, the amount of pension to be surrendered is not within the limits provided for in this section,

(v) notice of a surrender shall become null and void if, before the retirement of the person wishing to make the surrender under this section, either that person or the proposed grantee of the pension under this section dies,

(vi) where a person is required to undergo medical examination under the regulations, the person shall be responsible for payment of the fee for the examination.

( c ) Where—

(i) a person has made a surrender under this section,

(ii) a pension under this section has been granted in relation to the surrender to a grantee other than the wife of the person, and

(iii) the person has submitted to the Minister, pursuant to regulations under this section, a statutory declaration that the grantee is, in relation to the person, a dependant,

if the Minister ascertains at any time after the grant of the pension that the grantee was, in relation to the person not a dependant, the surrender and pension shall be deemed valid, but the grantee of the pension, in case payment of the pension has not commenced, shall forfeit the pension and, in case payment of the pension has commenced, shall forfeit so much thereof as remains unpaid—

( d ) The Minister may by order appoint a day to be the appointed day for the purposes of this section,

(3) A pension under this section shall be granted so as to be of such value as, on the date of retirement, is actuarially equivalent (in accordance with such tables as, on the date of the retirement, stand approved of by the Minister for the purposes of this section) to what is surrendered.

(4) ( a ) A pension under this section granted to the wife of a person shall be payable either, as the person may elect when he makes the surrender under this section—

(i) during the period (if any) for which the wife survives the person, or

(ii) during both the period of the joint lives of the person and the wife subsequent to the retirement of the person and the period (if any) for which the wife survives the person.

( b ) A pension under this section granted to a dependant of a person shall be payable during the period (if any) for which the dependant survives the person.

(5) In the case of a pension under this section which is payable during the periods specified in subparagraph (ii) of paragraph (a)of subsection (4) of this section, the rate of the pension for the second period shall be double the rate thereof for the first period.

(6) ( a ) Where a Pension granted under this section to a dependant of a person is payable and the dependant has not attained the age of twenty-one years, the Minister may substitute for the pension (disregarding any payments already made) an annuity which—

(i) is payable for whichever of the following periods is the shorter:

(I) the period beginning on the date of the substitution and ending on the date of the death of the dependant,

(II) the period beginning on the date of the substitution and ending on such date, not earlier than five years after the date of the substitution, as may be determined by the Minister, and

(ii) is of such value as, on the date of the substitution, is actuarially equivalent (in accordance with such tables as, on the date of the substitution, stand approved of by the Minister for the purposes of this section) to the pension (disregarding any payments already made).

( b ) The following provisions shall have effect for the purposes of substitutions under paragraph (a)of this subsection:

(i) a substitution shall not be made save on the request of the parent or guardian of the dependant,

(ii) a substitution shall not be made unless the Minister decides that the dependant is in good health,

(iii) for the purpose of deciding as to the health of the dependant, the Minister may require the dependant to undergo medical examination and the parent or guardian of the dependant shall be responsible for payment of the fee for the examination,

(iv) subject to the foregoing subparagraphs of this paragraph, the making of a substitution shall be at the discretion of the Minister.

(7) Where—

( a ) a pension or annuity granted under this section is payable, and

( b ) the grantee has not attained the age of twenty-one years,

payments of the pension or annuity shall, until the grantee attains the age of twenty-one years, be made to the parent or guardian of the grantee.

(8) Where a person surrenders under this section part of a pension—

( a ) he shall not surrender less than such portion of the pension as would provide a pension under this section after his death equal to one-fourth of the amount of the pension remaining after the surrender,

( b ) he shall not surrender more than—

(i) one-third of the pension, or

(ii) such portion of the pension as would provide a pension under this section after his death equal to the amount of the pension remaining after the surrender,

( b ) he shall not surrender more than—

(i) one-third of the pension, or

(ii) such portion of the pension as would provide a pension under this section after his death equal to the amount of the pension remaining after the surrender,

whichever is the less, and

( c ) he shall not surrender an amount of the pension which is not an exact number of pounds.

(9) For the purposes of sections 8 and 17 and subsection (5) of section 48 of the Act of 1936 and subsection (2) of section 4 of the Act of 1945 the remuneration by reference to which a pension of which part is surrendered under this section was computed shall be treated as reduced by the amount surrendered.

(10) Where a person surrenders under this section part of a pension, then, for the purpose of calculating the amount of any gratuity which may be granted to his legal personal representative under subsection (4) of section 2 or subsection (4) of section 4, as the case may be, of this Act, the amount paid to him on foot of the pension at the time of his death shall be deemed to be the amount which would have been so paid but for the surrender.

8.—Gratuities under section 2 of this Act, and pensions and annuities to the wives and dependants of Judges of the Supreme Court, the High Court and the Circuit Court and justices under section 7 of this Act shall be charged on the Central Fund or the growing produce thereof.

9.—(1) The payments (other than payments in respect of the gratuities, pensions and annuities referred to in section 8 of this Act) made and expenses incurred by the Minister in giving effect to this Act and in the administration thereof shall be paid out of moneys provided by the Oireachtas.

(2) The sum received by the Minister in respect of medical examinations for the purposes of this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister may direct.

10.—(1) This Act may be cited as the Courts of Justice and Court Officers (Superannuation) Act, 1961 .

(2) This Act, in so far as it amends and extends the Acts shall be construed as one therewith and may he cited together therewith as the Courts of Justice Acts, 1924 to 1961, and, in so far as it amends and extends the Courts Officers Acts, 1926 to 1951, shall be construed as one therewith and may be cited together therewith as the Court Officers Acts, 1926 to 1961.