S.I. No. 386 of 2001

REGULATIONS

Oireachtas (Termination Allowance) (Amendment) Regulations, 2001

I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 5 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992 ( No. 3 of 1992 ), hereby make the following regulations:

1.       These Regulations may be cited as the Oireachtas (Termination Allowance) (Amendment) Regulations, 2001.

2.       These Regulations are to be taken to have come into effect on 25 September 2000.

3.       Regulation 8 of the Oireachtas (Termination Allowance) Regulations 1992 ( S.I. No. 356 of 1992 ), is amended as follows:

(a)      in paragraph (a), by substituting “payable from time to time to each member of Dáil Éireann” for “payable from time to time to a member of Dáil Éireann”,

(b)      in paragraph (b), by substituting “payable from time to time to each member of Seanad Éireann” for “payable from time to time to a member of Seanad Éireann”,

(c)      in paragraph (c), by substituting “each member” for “a member” where it appears in the meaning given to A and D, and

(d)      in paragraph (c), by adding the following:

“For the purposes of this paragraph, the entitlement of the person to any element in Dáil salary which is related to length of service in the Oireachtas shall be determined by reference to the person's length of service in the Oireachtas at the time the person last ceased to be a member of Dáil Éireann, and the entitlement of the person to any element in Seanad salary which is related to length of service in the Oireachtas shall be determined by reference to the person's length of service in the Oireachtas at the time the person last ceased to be a member of Seanad Éireann.”.

4.       The Oireachtas (Termination Allowance) Regulations, 1992, are amended by adding the following after Regulation 8A:

“8B. In the case of a person who holds an office referred to in Part II of the Ministerial and Parliamentary Offices Act, 1938 references in Regulation 8 to:

(a)      ‘the annual rate of salary payable from time to time to each member of Dáil Éireann’, means the annual sum payable to a member of Dáil Éireann who does not hold such an office and who has the same number of years of service as a member of the Oireachtas as the member who holds the office;

(b)      ‘the annual rate of salary payable from time to time to each member of Seanad Éireann’, means the annual sum payable to a member of Seanad Éireann who does not hold such an office and who has the same number of years of service as a member of the Oireachtas as the member who holds the office.”.

Explanatory Note:

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These regulations provide for the reckoning, for the purpose of calculating termination payments, of (i) long-service increments and (ii) the additional amount of salary to which a member of the Oireachtas is entitled by reference to years of service as a member of the Oireachtas, where payment of such amount is suspended while the member is the holder of an office.