No. 23/1991:

COURTS (SUPPLEMENTAL PROVISIONS) (AMENDMENT) ACT, 1991

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Extension of definition of "service" in Second Schedule to Principal Act.

3. Reckoning of days in addition to completed years for purposes of pensions.

4. Provision of spouses' and children's pensions.

5. Provision of pensions on early vacation of office and purchase of added years.

6. Restrictions with respect to pensions that may be provided by regulations under section 5.

7. Laying of regulations before Houses of Oireachtas.

8. Amendment of section 2 of Courts of Justice and Court Officers (Superannuation) Act, 1961.

9. Amendment of section 4 of Courts of Justice and Court Officers (Superannuation) Act, 1961.

10. Commencement of sections 2, 3 and 8.

11. Charge of certain superannuation payments on Central Fund and payments and expenses generally.

12. Short title, construction and collective citation.

ACTS REFERRED TO

Number 23 of 1991

COURTS (SUPPLEMENTAL PROVISIONS) (AMENDMENT)ACT, 1991

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE GRANT OF SUPERANNUATION BENEFITS TO OR IN RESPECT OF JUDGES, JUSTICES AND CERTAIN COURT OFFICERS AND FOR THAT PURPOSE TO AMEND THE COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961 , AND THE COURTS OF JUSTICE AND COURT OFFICERS (SUPERANNUATION) ACT, 1961 , AND TO PROVIDE FOR OTHER MATTERS CONNECTED THERE WITH.

[16th July, 1991]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

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

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

"justice", where used without qualification, means a justice of the District Court;

"the Minister" means the Minister for Finance;

"The Principal Act" means the Courts (Supplemental Provisions) Act, 1961 ;

"service" shall be construed, in so far as the provision in which it appears has application to

( a ) a judge of the Supreme Court or High Court, in accordance with paragraph 1 of the Second Schedule to the Principal Act;

( b ) a judge of the Circuit Court, in accordance with paragraph 4 of the said Schedule;

( c ) a justice, in accordance with paragraph 7 of the said Schedule (as amended by section 33 of the Superannuation and Pensions Act, 1963 ); and

( d ) a holder of the office of Master of the High Court, Taxing Master or county registrar, in accordance with section 57 (3) of the Principal Act.

(2) In this Act—

( a ) references to the remuneration of a judge or justice shall be construed as references to the remuneration of the judge or justice at the time he vacates his office; and

( b ) references to the remuneration of a holder of any other office mentioned in this Act shall be construed as references to the remuneration in respect of that office at the time the holder thereof ceases to hold it.

(3) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment (including this Act).

2.—In the Second Schedule to the Principal Act the definition of "service"

( a ) in paragraph 1 shall, in the case of a judge of the Supreme Court or High Court who vacates his office on or after the coming into operation of this section, be construed as including any period during which he acted as a judge of the Circuit Court under section 14 of the Act of 1936 (which provides for the temporary appointment of persons to act as Circuit Court judges);

( b ) in paragraph 4 shall, in the case of a judge of the Circuit Court who vacates his office on or after the coming into operation of this section, be construed as including any period during which he acted as a judge of the Circuit Court under the said section 14; and

( c ) in paragraph 7 shall, in the case of a justice who vacates his office on or after the coming into operation of this section, be construed as including any period during which he acted as a justice of the District Court under section 51 of the Act of 1936 (which provides for the temporary appointment of persons to act as justices of the District Court).

3.—(1) Where a judge or justice has, upon vacation of his office on or after the coming into operation of this section, completed five years of service or more but, in the case of a judge, less than 15 years of service or, in the case of a justice, less than 20 years of service, and his service comprises a day or days in addition to a number of completed years, the pension payable to such judge or justice, as the case may be, pursuant to the Second Schedule to the Principal Act shall be increased—

( a ) in the case of a judge, by an amount which bears the same proportion to one-twentieth of his remuneration as the day or number of days aforesaid bears to one year, and

( b ) in the case of a justice, other than a justice referred to in paragraph (c) of this subsection, by an amount which bears the same proportion to one-thirtieth of his remuneration as the day or number of days aforesaid bears to one year, and

( c ) in the case of a justice to whom paragraph 10 of the Second Schedule to the Principal Act applies, by an amount which bears the same proportion to one-fortieth of his remuneration as the day or number of days aforesaid bears to one year.

(2) Where a person who holds the office of Master of the High Court, Taxing Master or county registrar has, upon ceasing to hold office on or after the coming into operation of this section, completed five or more years of service in one or more of the said offices (but less than 20 years of such service) and his service comprises a day or days in addition to a number of completed years, the pension payable to such person pursuant to section 57 of the Principal Act shall be increased by an amount which bears the same proportion to one-thirtieth of his remuneration as the day or number of days aforesaid bears to one year.

4.—(1) ( a ) References to a judge in subsections (2) and (3) (other than paragraphs (a) and (b) (ii) thereof) of this section shall be construed as including a person appointed to act as a judge of the Circuit Court under section 14 of the Act of 1936.

( b ) References to a justice in subsections (2) and (3) (other than paragraphs (a) and (b) (iii) thereof) of this section shall be construed as including a person appointed to act as a justice of the District Court under section 51 of the Act of 1936.

(2) Subject to subsection (3) of this section, the Minister may, after consultation with the Minister for Justice, by regulations provide for the grant of a pension to any one or more of the following persons, that is to say, the spouse or any child or children of

( a ) a judge or justice, and

( b ) a person holding the office of Master of the High Court, Taxing Master or county registrar,

upon his death (whether during his continuance in office or afterwards).

(3) Regulations under subsection (2) of this section shall provide that the grant of a pension thereunder shall be in consideration—

( a ) of the payment of contributions by the judge, justice or officer (as the case may be) at the rate or rates specified from time to time by the regulations, or

( b ) where, under and in accordance with the regulations, the whole or part of the amount of a pension granted under the regulations relates to

(i) notional service of the judge, justice or officer (as the case may be) as such judge, justice or officer, or

(ii) any period, in the case of a judge, or the period in the case of a person referred to in subsection (1) (a) of this section, during which the judge or person acted as a judge of the Circuit Court under section 14 of the Act of 1936, or

(iii) any period, in the case of a justice, or the period in the case of a person referred to in subsection (1) (b) of this section, during which the justice or person acted as a justice of the District Court under section 51 of the said Act,

of a reduction, to the extent specified in the regulations, in the amount of any gratuity the grant of which to the judge, justice or officer (as the case may be) or his personal representative is provided for by section 2 or 4 of the Courts of Justice and Court Officers (Superannuation) Act, 1961 , or by regulations made under section 5 (1) (a) or (1) (b) of this Act.

( 4 ) ( a ) Regulations made under this section may provide that the regulations shall, with respect to a judge, justice, officer or other person to whom this subsection applies, come into operation on a date prior to the date on which they are made.

( b ) This subsection applies to—

(i) a judge, justice or officer who is, or immediately prior to his death was, a member of a scheme administered by the Minister for Justice and the Minister for Finance and known as the Contributory Pensions Scheme for the Spouses and Children of Judges, Justices, Masters of the High Court, Taxing Masters and County Registrars, and

(ii) a person referred to in subsection (1) of this section.

5.—(1) The Minister may, after consultation with the Minister for Justice, make regulations:

( a ) providing for the grant, subject to such conditions as may be specified in the regulations, of a pension (including a gratuity upon death) to or in respect of a judge or justice who vacates his office after five years' service or upwards and for whom there is not an entitlement to a grant of a pension under the Second Schedule to the Principal Act;

( b ) providing for the grant, subject to such conditions as may be specified in the regulations, of a pension (including a gratuity upon death) to or in respect of a person holding the office of Master of the High Court, Taxing Master or county registrar who ceases to hold office after five or more years of service in one or more of the said offices and who is not eligible for a pension under section 57 of the Principal Act;

( c ) providing for the purchase, subject to such conditions as may be specified in the regulations, by a judge or a justice of notional service at full actuarial cost to such person for the purpose of providing him with a pension of an increased amount;

( d ) providing for the purchase, subject to such conditions as may be specified in the regulations, by a person holding the office of Master of the High Court, Taxing Master or county registrar of notional service at full actuarial cost to such person for the purpose of providing him with a pension of an increased amount;

( e ) (i) in the case of a person referred to in paragraph (a) or (b) of this subsection who, subsequent to his vacating or ceasing to hold office, 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 ), providing for the payment by the Minister to that institution, subject to such conditions as may be specified in the regulations and for the purposes of a scheme or arrangement to which this paragraph applies, of a sum which, in the opinion of the Minister, represents the capital value on an actuarial basis of the pension that would become payable to or in respect of that person pursuant to regulations under the said paragraph (a) or (b) (as may be appropriate).

(ii) This paragraph applies to any scheme or arrangement (by whatever name called) under which superannuation benefits are payable by an institution as aforesaid to or in respect of the person appointed to the office or position of emolument concerned.

(2) Where a payment of a sum is made by the Minister pursuant to regulations made under subsection (1) (e) of this section no pension or gratuity shall be granted under the Courts (Supplemental Provisions) Acts, 1961 to 1991, or under regulations made thereunder to or in respect of the person to whom the payment relates.

(3) Where regulations under this section provide for the grant of a gratuity upon the death of a person referred to in this section, the gratuity shall be granted to the personal representative of that person.

(4) Regulations made under this section may provide that the regulations shall come into operation on a date prior to the date on which they are made.

6.—(1) Regulations under section 5 of this Act shall not provide for the grant of a pension mentioned in subsection (1) (a) or (1) (b) of that section

( a ) to or in respect of a judge or justice otherwise than—

(i) in the case of a judge of the Supreme Court or High Court, on his having reached 72 years of age or, in the case of a judge of the Circuit Court, 70 years of age, or in the case of a justice, 65 years of age, or

(ii) where, in the case of a judge, 15 years have elapsed since

(I) the date of his appointment to the office which he vacated, or

(II) the date of his appointment to the first office in which he served (where his service consists of service in more than one office),

on his having reached not less than 65 years of age, or

(iii) upon his death; and

( b ) to or in respect of a person holding the office of Master of the High Court, Taxing Master or county registrar otherwise than on his having reached 65 years of age or upon his death.

(2) Notwithstanding the provisions of subsection (1) of this section as to age or lapse of time, where a judge, justice or officer to whom regulations made under section 5 (1) (a) or (1) (b) of this Act apply

( a ) becomes ill after vacating or ceasing to hold office, and

( b ) the Minister, after consultation with the Minister for Justice, decides that, had the judge, justice or officer continued in office, his illness would have been the occasion of his vacating or ceasing to hold office,

then the Minister may, if he thinks it just and equitable in all the circumstances so to do, authorise the grant to him of a pension referred to in subsection (1) of this section.

(3) Any grant of a pension authorised by the Minister under subsection (2) of this section shall

( a ) take effect from the date on which the decision referred to in paragraph (b) of that subsection is made, and

( b ) be deemed to be made pursuant to regulations made under section 5 (1) (a) or (1) (b) (as the case may be) of this Act.

(4) Regulations under section 5 (1) (c) or (1) (d) of this Act shall not provide for the purchase of such notional service as would entitle a judge, justice or officer (as the case may be) to a pension exceeding two-thirds of his remuneration.

( 5 ) ( a ) Subsection (6) of section 46 of the Principal Act (which provides that the payment of a pension under that Act to a judge or justice shall abate, in whole or in part, in certain circumstances) is hereby amended by the insertion after "in receipt of a pension under this Act of "or under regulations made pursuant to section 5 (1) (a) of the Courts (Supplemental Provisions) (Amendment) Act, 1991, ".

( b ) Subsection (2) of section 57 of the Principal Act (which provides that the payment of a pension under that section to a Master of the High Court, Taxing Master or county registrar shall abate, in whole or in part, in certain circumstances) is hereby amended by the insertion after "in receipt of a pension under this section" of "or under regulations made pursuant to section 5 (1) (b) of the Courts (Supplemental Provisions) (Amendment) Act, 1991, ".

7.—(1) Every regulation made under section 4 (2) which relates to the spouse or any child of a judge, justice or person referred to in subsection (1) of that section or under section 5 (1) (a) or (1) (c) of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.

(2) Every regulation made under section 4 (2) (other than a regulation referred to in subsection (1) of this section) or under section 5 (1) (b) or (1) (d) of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

8.— Section 2 of the Courts of Justice and Court Officers (Superannuation) Act, 1961 , is hereby amended

( a ) by the substitution for This section" in subsection (1) of "Subject to subsection (3A) of this section (inserted by the Courts (Supplemental Provisions) (Amendment) Act, 1991), this section, and

( b ) by the substitution of the following subsections for subsection (3):

"(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, 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.

(3A) Subsection (3) shall also apply to

( a ) a person appointed under section 14 of the Act of 1936 to act as a judge of the Circuit Court, and

( b ) a person appointed under section 51 of the said Act to act as a justice of the District Court,

and 'judge' and 'justice' in that subsection shall be construed accordingly.".

9.— Section 4 of the Courts of Justice and Court Officers (Superannuation) Act, 1961 , is hereby amended by the deletion in subsection (3) of "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".

10.—(1) Sections 2 and 3 of this Act shall be deemed to have come into operation on the 1st day of August, 1978.

(2) Section 8 of this Act shall be deemed to have come into operation on the 1st day of June, 1973.

11.—(1) There shall be charged on and payable out of the Central Fund or the growing produce thereof

( a ) any pension (including any gratuity upon death) granted to or in respect of a judge or justice pursuant to regulations made under this Act;

( b ) any pension granted to the spouse or any child of a judge or justice pursuant to regulations made under this Act; and

( c ) any sum in respect of a judge or justice to be paid by the Minister pursuant to regulations made under this Act.

(2) Any payments (other than payments to which subsection (1) of this section applies) made and expenses incurred in giving effect to this Act and in the administration thereof shall, to such extent as may be sanctioned by the Minister, be paid out of moneys provided by the Oireachtas.

12.—(1) This Act may be cited as the Courts (Supplemental Provisions) (Amendment) Act, 1991 .

(2) This Act, in so far as it amends or extends the Courts (Supplemental Provisions) Acts, 1961 to 1988, shall be construed as one therewith and those Acts and this Act may be cited together as the Courts (Supplemental Provisions) Acts, 1961 to 1991.

(3) This Act, in so far as it amends or extends the Courts of Justice and Court Officers (Superannuation) Act, 1961 , shall be construed as one with the Court Officers Acts, 1926 to 1961, and those Acts and this Act may be cited together as the Court Officers Acts, 1926 to 1991.