S.I. No. 216/1961:

COURTS OF JUSTICE AND COURT OFFICERS (ADOPTION OF PROVISIONS AND ALLOCATION OF PENSION) REGULATIONS, 1961.

COURTS OF JUSTICE AND COURT OFFICERS (ADOPTION OF PROVISIONS AND ALLOCATION OF PENSION) REGULATIONS, 1961.

I, SÉAMAS Ó RIAIN, Minister for Finance, in exercise of the powers conferred on me by section 6 and 7 of the Courts of Justice and Court Officers (Superannuation) Act, 1961 (No. 16 of 1961), and, in so far as the regulations are made in exercise of the powers conferred by the said section 6, after consultation with the Minister for Justice, hereby make the following regulations:

PART I

1. These Regulations may be cited as the Courts of Justice and Court Officers (Adoption of Provisions and Allocation of Pension) Regulations, 1961.

2. In these Regulations--

"the Act" means the Courts of Justice and Court Officers (Superannuation) Act, 1961 (No. 16 of 1961);

"the adopting person" has the meaning specified in Regulation 3;

"allocation" means a surrender pursuant to the Act of part of a pension;

"allocation notice" means a notice under Regulation 12;

"the allocating person" has the meaning specified in, Regulation 11;

"The appropriate provisions of the Act" means, in relation to a judge of the Supreme Court, the High Court or the Circuit Court or a justice, section 2 of the Act and, in relation to the Master of the High Court, a Taxing Master or a County Registrar, section 4 of the Act;

"beneficiary" means the person in whose favour an allocation is made;

"justice" means a justice of the District Court;

"the Minister" means the Minister for Finance

"the registered medical practitioner" means, in relation to an allocating person such registered medical practitioner as the allocating person shall choose of four registered medical practitioners nominated for the purposes of these Regulations by the Minister from time to time;

"the medical referee" means, in relation to an adopting person or an allocating person, as the case may be, such registered medical practitioner as the allocating person or the adopting person, as the case may be, shall choose of four registered medical practitioners nominated for the purposes of these Regulations by the Minister from time to time, being persons other than those standing nominated for the time being as registered medical practitioners for the purposes of these Regulations;

"pension" means, in relation to a judge of the Supreme Court, the High Court or the Circuit Court or a justice, the pension or gratuity that may be granted to him under the Courts of Justice Acts, 1924 to 1961, and, in relation to the Master of the High Court, a Taxing Master or a County Registrar, the pension or gratuity that may be granted to him under the Court Officers Acts, 1926 to 1961.

PART II

3. This Part of these Regulations applies to any person who held office as a judge of the Supreme Court, the High Court or the Circuit Court, a justice (other than a justice excluded from the application of subsection (1) of section 3 of the Act by subsection (2) of that section), Master of the High Court, a Taxing Master or a County Registrar immediately before the passing of the Act and who wishes to adopt the appropriate provisions of the Act, and such person is hereinafter referred to as the adopting person.

4.--(1) The adopting person shall give notice to the Minister, in Form A set out in the Schedule to these Regulations, that he wishes to adopt the appropriate provisions of the Act and the notice shall be lodged on or before the 31st day of December, 1961.

(2) The Minister, at the request of the adopting person, may extend the period within which the adopting person's notification is required to be lodged.

(3) The power to extend the said period shall be within the absolute discretion of the Minister subject to the restriction that he shall not extend the period where he is satisfied that the failure of the adopting person to lodge his notification on or before the 31st day of December, 1961, was due to the adopting person's neglect or default.

5.--(1) The adopting person shall not be entitled to adopt the appropriate provisions of the Act unless the Minister decides that he is of sound health.

(2) When the Minister has, consequent on a notification under Regulation 4, made a decision as to the health of the adopting person he shall notify the adopting person of the decision.

6.--(1) Where the adopting person is notified under Regulation 5 that the Minister has decided that he is not of sound health, the adopting person may apply to the Minister to review his decision.

(2) The application to review shall be made in writing and shall be lodged with the Minister within three months after notification of the decision of the Minister was received.

(3) In support of the application to review, the adopting person may furnish, at his own expense and within three months after notification of the decision of the Minister was received by him, such medical reports on his health as he may think fit.

(4) After lodgment of the application, the adopting person shall undergo medical examination by the medical referee and the referee shall furnish a report of the result of the examination to the Minister.

(5) The fee of the medical referee for any such examination and the adopting person's expenses in connection therewith shall be paid by the adopting person.

(6) When the Minister has, consequent upon the application to review, made a decision as to the health of the adopting person, the Minister shall notify him of the decision.

7. Where the Minister has made a decision under these Regulations that the adopting person is of sound health, his adoption of the relevant provisions of the Act shall have effect as from the date on which his notification under Regulation 4 was lodged with the Minister.

8. A notification under Regulation 4 or an application under Regulation 6 may not be withdrawn after the Minister has decided that the adopting person is of sound health.

9. A decision by the Minister that the adopting person is of sound health, notification of which has been conveyed to the adopting person under Regulation 5 or Regulation 6, shall be final.

10.--(1) A decision by the Minister that the adopting person is not of sound health, notification of which has been conveyed to the adopting person under Regulation 5, shall be final unless it is altered by a subsequent notification to the adopting person under Regulation 6 that the Minister has decided that he is of sound health.

(2) Notwithstanding paragraph (1) of this Regulation, the Minister shall have discretion, provided that the adopting person still holds an office mentioned in Regulation 3, to revoke a decision given by him that such person is not of sound health and to decide that he is of sound health.

(3) The Minister shall not exercise his discretion under paragraph (2) of this Regulation unless--

(a) he is requested to do so by the adopting person, and

(b) he is satisfied that the exercise of his discretion would be justified having regard to the adopting person's sick leave record (if available) and to any evidence of such person's health obtained by him or made available to him.

(4) Where the Minister has exercised his discretion under paragraph (2) of this Regulation, he shall notify the adopting person accordingly and such person's adoption of the relevant provisions of the Act shall have effect as from the date on which the Minister exercised his discretion, and the Minister's decision that the adopting person is of sound health shall be final.

PART III

11. This Part of these Regulations applies to a person retiring from office as a judge of the Supreme Court, the High Court or the Circuit Court, a justice, Master of the High Court, a Taxing Master or a County Registrar and who wishes to make an allocation, and such person is hereinafter referred to as the allocating person.

12.--(1) The allocating person shall give notice to the Minister for Justice in Form B set out in the Schedule to these Regulations that he wishes to make an allocation and the notice shall be lodged--

(a) before or on the day immediately before the commencement of the period of six months ending on the date of retirement, or

(b) where the Minister is satisfied that, as a result of exceptional circumstances beyond the control of the allocating person, it is not or has not been practicable for him to give the notice before or on the day specified in the foregoing subparagraph, before or on a later day appointed by the Minister.

(2) The beneficiary shall sign his name in the appointed space in Form B in the presence of a witness who shall also sign his name in the appointed space in the said Form. Where the Minister is satisfied that the beneficiary is unable, through infirmity or other sufficient cause, to write his signature, the Minister may, if he deems fit, dispense with the beneficiary's signature subject to such conditions as he may deem desirable.

13.--(1) The allocating person shall furnish at his own expense to the Minister for Justice--

(a) his birth certificate, and

(b) with respect to the beneficiary--

(i) where the beneficiary is the allocating person's wife, a birth certificate and a marriage certificate,

(ii) where the beneficiary is not the allocating person's wife, a birth certificate and a statutory declaration that the beneficiary is, in relation to the allocating person, a dependant.

(2) If for any reason a birth or marriage certificate cannot be furnished, the Minister may accept such other evidence of birth or marriage as he may think fit.

14.--(1) The allocating person shall not be entitled to make an allocation unless the Minister decides that he is of sound health.

(2) The allocating person shall, within the period of four months ending on the date of retirement, undergo medical examination by the registered medical practitioner and the practitioner shall furnish a report of the result of the examination to the Minister for Justice, who shall refer it to the Minister.

(3) When the Minister has made a decision as to the health of the allocating person, he shall notify the Minister for Justice of the decision and the Minister for Justice shall notify the allocating person.

15.--(1) When the allocating person is notified that the Minister has decided that he is not of sound health, he may apply for a review of the decision.

(2) The application for a review shall be made in writing and shall be lodged with the Minister for Justice within fourteen days after the date on which the decision of the Minister was notified to such person.

(3) In support of the application to review, the allocating person may furnish at his own expense and within fourteen days after notification of the decision of the Minister was received by him, such further medical reports on his health as he may think fit.

(4) After lodgment of the application, the allocating person shall undergo medical examination by a medical referee nominated by the Minister and the referee shall furnish a report of the result of the examination to the Minister for Justice who shall refer it to the Minister.

(5) The Minister shall, when he has considered the report of the medical referee, decide whether the allocating person is of sound health and the allocating person shall be notified accordingly.

16. If the Minister is not satisfied that the allocating person is of sound health but it appears to him that the allocating person would be shown to be of sound health if examined again, after a short interval, then, the Minister may at his discretion require the allocating person to undergo a further medical examination at a later date.

17. Where the allocating person is required to undergo any medical examination, he shall be responsible for payment of the fee and his own expenses in connection with the examination.

18. Subject to Regulations 15 and 19, any decision of the Minister of which notification has been conveyed to the allocating person shall be final.

19. If, in any case in which the Minister decided that the allocating period is of sound health, the date of retirement is postponed to a date more than three calendar months after the date of the decision, the Minister may, if he thinks fit, require the allocating person to undergo such further medical examination as he may direct and the Minister shall make a new decision on the question whether the allocating person is of sound health.

20.--(1) The allocating person may cancel or amend his allocation notice by notice in writing lodged with the Minister for Justice at any time before or on the date of retirement, but no cancellation or, save as provided in Regulation 21, amendment of an allocation notice shall be permitted after that date.

(2) An allocation notice which is lodged by virtue of sub-paragraph (b) of paragraph (1) of Regulation 12 with the Minister for Justice after the date of retirement may not be cancelled or, save as provided in Regulation 21, amended.

21. Where the allocating person, having been notified of the Minister's decisions, is subsequently notified by the Minister for Justice of an alteration of the amount, or the estimated amount, of his pension less than fourteen days before the date of retirement or within twelve months after that date, he may, if he has already lodged an allocation notice, amend that notice by notice in writing lodged with the Minister for Justice before or on the fourteenth day after the receipt of notification of the revised amount of his pension:

Provided that no notice of an amendment of an allocation notice may be lodged with the Minister for Justice after the date of retirement except for the purpose of increasing or decreasing the amount of the pension to be surrendered by an amount not exceeding the increase or decrease (to the nearest pound) in the amount or estimated amount of pension in relation to which the allocating person made his allocation.

22. An amendment of an allocation notice shall not be valid if the notice as so amended does not comply with this Part of these Regulations.

23. An allocation shall remain valid, unless cancelled or amended in the manner and within the period permitted by these Regulations, notwithstanding that, as the result of a subsequent alteration of the amount, or estimated amount, of the allocating person's pension, the amount of pension to be surrendered is not within the limits provided for in the Act.

24.--(1) An allocation notice shall become null and void if, on a day on which the allocating person is holding an office mentioned in Regulation 11, either the allocating person or the beneficiary dies.

(2) Subject to paragraph (1) of this Regulation, an allocation shall have effect as from the day next following the date of retirement.

25. Where, as the result of effect being given to the amendment of an allocation notice pursuant to Regulation 21 or to an allocation notice which is lodged with the Minister for Justice after the date of retirement, any overpayment of pension has been made to the allocating person or the beneficiary, such overpayment shall be recovered from the next payment or payments of pension to the person concerned.

26. If an allocation notice or other document is sent through the post, it shall not be deemed to be lodged with the Minister for Justice within the time prescribed by these Regulations unless it is posted at a time which will normally ensure its delivery within the time so prescribed.

SCHEDULE

FORM A

COURTS OF JUSTICE AND COURT OFFICERS (ADOPTION OF PROVISIONS AND ALLOCATION OF PENSION) REGULATIONS, 1961.

Notification of wish to adopt the provisions of section 2 or section 4 of the Courts of Justice and Court Officers (Superannuation) Act, 1961 , subject to the above-named Regulations.

I wish to adopt the provisions of section 2 or section 4* of the Courts of Justice and Courts Officers (Superannuation) Act, 1961, and I declare that the above statement of particulars is true to the best of my knowledge and belief.

* Delete the reference to provision which is inapplicable.

FORM B.

COURTS OF JUSTICE AND COURT OFFICERS (ADOPTION OF PROVISIONS AND ALLOCATION OF PENSION) REGULATIONS, 1961.

hereby give notice under the Courts of Justice and Court Officers (Adoption of Provisions and Allocation of Pension) Regulations, 1961, of surrender of £............. of my pension under the Courts of Justice Acts, 1924 to 1961 or the Court Officers Acts, 1926 to 1961,* as the case may be, in return for the grant of a pension payable to the above-named beneficiary.

I declare that the information given by me regarding this notice is true and correct to the best of my knowledge and belief.

       Allocating person's signature.........................................................

       Date ............................................................ ........................................

       Beneficiary's signature............................................................ ........

       Witness ............................................................ .................................

       Date ............................................................ .......................................

(1) Insert either "as from the date of my death after retirement if she survives me" or " as from the date of my retirement." (See section 7 (4) of the Courts of Justice and Court Officers (Superannuation) Act, 1961 ).

*Delete the reference to the provisions which are inapplicable.

GIVEN under my Official Seal, this 29th day of September, 1961.

SÉAMAS Ó RIAIN,

Minister for Finance.

EXPLANATORY NOTE.

Part II of these Regulations applies with certain limited exceptions, to a person holding office as a Judge, Justice, Master of the High Court, Taxing Master or County Registrar on 20th June, 1961, and who wishes to adopt the provisions of the Courts of Justice and Court Officers (Superannuation) Act, 1961 (No. 16 of 1961), which provide for a death gratuity, or a lump sum on retirement, in exchange for a reduction of pension by one-fourth.

Part III applies to a Judge, Justice, Master of High Court, Taxing Master or County Registrar who desires to make a surrender of part of his pension to provide a pension for his wife or a dependant under the above Act.

Each part prescribes the notice to be given, and the conditions as to health, medical examination, etc., to be fulfilled by the persons to whom they respectively apply.