S.I. No. 10/1992:

COURTS (PRESERVATION OF SUPERANNUATION) (COURT OFFICERS) REGULATIONS, 1992.

COURTS (PRESERVATION OF SUPERANNUATION) (COURT OFFICERS) REGULATIONS, 1992.

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. These Regulations may be cited as the Courts (Preservation of Superannuation) (Court Officers) Regulations, 1992.

2. In these Regulations--

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

"court officer" means a person who holds the office of Master of the High Court, Taxing Master or county registrar;

"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. Where a court officer ceases to hold office after five years service or upwards (otherwise than on being removed from office by the Government on the ground of misconduct or inefficiency) and the court officer is not eligible for a pension under section 57 of the Principal Act, a pension, hereafter in these Regulations referred to as a "preserved pension", may, on application being made by the court officer to the Minister for the grant thereof, be granted to him with effect from the date on which he attains 65 years of age.

4. (1) Subject to paragraph (2) of this Regulation a preserved pension shall be of 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 court officer on the date that he attained 65 years of age if he had continued in office to that date and B is the number of years of service of the court officer on the date on which he ceases to hold 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) 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 court officer ceases to hold office with an entitlement to the grant of a preserved pension and before he attains 65 years of age he is appointed a court officer 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 65 years of 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 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 court officer 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 court officer on the date on which he ceases to hold 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 22nd day of January, 1992.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide for the preservation of pension entitlements for Masters of the High Court, Taxing Masters and county registrars and for the transfer of preserved pension entitlements to certain institutions of the European Communities.