S.I. No. 223/1988:

HOUSES OF THE OIREACHTAS (MEMBERS) PENSIONS (AMENDMENT) SCHEME, 1988.

HOUSES OF THE OIREACHTAS (MEMBERS) PENSIONS (AMENDMENT) SCHEME, 1988.

I, RAY MACSHARRY, Minister for Finance, in exercise of the powers conferred on me by section 6A of the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938), as amended by the Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1983 (No. 32 of 1983), hereby make the following scheme:

1. This Scheme may be cited as the Houses of the Oireachtas (Members) Pensions (Amendment) Scheme, 1988.

2. This Scheme shall be deemed to have come into force with effect from the 1st day of December, 1986.

3. In this Scheme--

"the Principal Scheme" means the Houses of the Oireachtas (Members) Pensions Scheme which was made under section 6A of the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938), and came into force on the 1st day of December, 1960;

"the 1986 Schemes" means the Houses of the Oireachtas (Members) Pensions (Amendment) Scheme, 1986 ( S.I. No. 431 of 1986 ) and the Houses of the Oireachtas (Members) Pensions (Amendment) (No. 2) Scheme, 1986 ( S.I. No. 432 of 1986 ).

4. The Principal Scheme, as amended by the 1986 Schemes, is hereby further amended--

( a ) by the addition of the following proviso to subclause (1) (b) of Clause 5A:

"provided that, in the case of a person who ceases to be a member at any time during the period beginning on the 1st day of December, 1986, and ending on the 30th day of June, 1988, the said gratuity shall be increased by 15 per cent.",

( b ) by the addition of the following proviso to subclause (1) of Clause 5C:

"provided that, in the case of a person whose death occurs at any time during the period beginning on the 1st day of December, 1986, and ending on the 30th day of June, 1988, the gratuity referred to in subparagraph (a) of this subclause shall be increased by 15 per cent.",

and

( c ) by

(i) the substitution of "(a) A pension payable to a member" for "A pension under this Scheme" in subclause (9) of Clause 5, and

(ii) the addition to the said subclause (9) of the following:

"(b) A pension payable to a widow or to a child will, however, be payable as from the date upon which the person became entitled to it, without regard to the time at which application for such pension is made.".

GIVEN under my Official Seal, this 1st day of September, 1988.

RAY MACSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

This Scheme provides for two amendments to the Houses of the Oireachtas (Members) Pension Scheme, as follows:

(1) An increase of 15 per cent in retirement lump sums or death gratuities paid to or in respect of Members during the period 1st December, 1986 to 30th June, 1988.

(2) The deletion, in the case of widows' and children's pensions, of a rule which debarred arrears of pension where the pension is claimed more than 6 months after a member's death.