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33 2001

MINISTERIAL, PARLIAMENTARY AND JUDICIAL OFFICES AND OIREACHTAS MEMBERS (MISCELLANEOUS PROVISIONS) ACT, 2001

PART 10

Portability of Service of Certain Holders of Public Offices

Chapter 1

Interpretation and application

Interpretation: Part 10.

45. —In this Part, unless the context otherwise requires—

“appropriate authority”, in relation to an approved organisation, means—

(a) if an authority other than the authority governing the organisation administers the superannuation scheme that applies to persons appointed to or employed in a pensionable capacity in the organisation—the authority that is responsible for administering those provisions, and

(b) in any other case—the governing authority of the organisation;

“Civil Service” means the Civil Service of the Government and the Civil Service of the State;

“court officer” means a Master of the High Court, Taxing Master or County Registrar;

“European Assembly (Irish Representatives) Pension Scheme, 1979” means a pension scheme made under section 4 of the European Assembly (Irish Representatives) Act, 1979 ;

“judge” means a judge of the Supreme Court, a judge of the High Court, a judge of the Circuit Court or a judge of the District Court;

“Minister” means the Minister for Finance;

“Oireachtas Pensions Scheme” means the pension scheme for members of the Oireachtas established under section 6A of the Oireachtas (Allowances to Members) Act, 1938 ;

“public office” has the meaning given by section 46 .

Public offices to which this Part applies.

46. —The following are public offices for the purposes of this Part:

(a) member of Dáil Éireann or Seanad Éireann;

(b) Irish representative to the European Parliament;

(c) the office of judge or court officer;

(d) member of the Civil Service;

(e) member or employee of an organisation designated for the purposes of section 4 of the Superannuation and Pensions Act, 1963 ;

(f) member or employee of an organisation designated by the Minister under section 48 .

Purpose of this Part.

47. —The purpose of this Part is to allow holders of certain public offices to which this Part applies to have their service as holders of those offices treated as service for the purposes of any pension or superannuation scheme that is applicable to any other public offices that they may subsequently hold.

Power of Minister to designate organisation as an approved organisation.

48. —(1) The Minister may, by order notified in Iris Oifigiúil, designate an organisation as an approved organisation for the purpose of this Part.

(2) The Minister may from time to time, by order notified in Iris Oifigiúil, amend or revoke an order made under this section.