Courts (Supplemental Provisions) Act, 1961

Pension of Master of the High Court, Taxing-Master and county registrar.

57.—(1) Where—

(a) a person who holds the office of Master of the High Court, Taxing-Master or county registrar ceases to hold that office (otherwise than on being removed from that office by the Government on the ground of misconduct or inefficiency) either after attaining the age of sixty-five years or upon medical certificate that he is incapable, from infirmity of mind or body, of discharging the duties of that office and that the infirmity is likely to be permanent, and

(b) he has completed five or more years of continuous service in one or more of the said offices

he shall, subject to the provisions of this section, be eligible for a pension consisting of—

(i) if he has completed twenty or more years of such service, two-thirds of the annual remuneration in respect of the office which he ceases to hold, or

(ii) if he has not completed twenty years of such service, one-sixth of the annual remuneration in respect of the office which he ceases to hold together with one-thirtieth of that remuneration for each (if any) completed year of such service in excess of five.

(2) Where a person in receipt of a pension under this section is employed in a situation remunerated out of moneys provided by the Oireachtas, then

(a) the pension shall not be payable in respect of any period during which his remuneration in respect of such situation is equal to or greater than the remuneration by reference to which the pension was computed, and

(b) so much only of the pension shall be payable in respect of any period during which his remuneration in respect of such situation is less than the remuneration by reference to which the pension was computed as with his remuneration in respect of such situation will amount to the remuneration by reference to which the pension was computed.

(3) A reference in this section to service of any person shall be construed as a reference to service of such person in respect of which he was remunerated, exclusive of any period during which he was absent on account of illness and was remunerated at a rate determined by reference to the rate which would be appropriate if he were on pension.

(4) Pensions under this section may be granted by the Minister for Finance.