20Entitlements on resuming membership

20 Entitlements on resuming membership

S. 20(1) amended by No. 110/1993 s. 106(1).

(1) Where a person who had ceased to be a member prior to 1 December 1993 and who on ceasing to be a member converted part of his pension entitlement to a lump sum payment under section 16 becomes a member on a subsequent date the amount, if any, by which the benefits received by that person under this Part before that date exceed the amount of the benefits he would have received under this Part if he had not so converted part of his pension entitlement shall be calculated.

(2) Notwithstanding anything in this Part, where a person to whom subsection (1) applies becomes entitled to a pension under section 15 the amount of the annual pension payable to him shall be reduced by ten per cent of the amount calculated under subsection (1).

S. 20(3) inserted by No. 110/1993 s. 106(2), amended by No. 120/1994 s. 35(a)(b).

(3) Where a person to whom subsection (1) does not apply—

(a) had previously ceased to be a member; and

(b) had previously converted all or part of his or her pension entitlement to a lump sum payment under section 16 or received a benefit under section 15(3A)—

becomes entitled to a pension under section 15, the amount of the annual pension payable to him or her shall be reduced by 10 percent of Z where—

**"Z"** is the sum of ZP calculated for each period of service as a member which ends after 1 December 1993;

ZP is (LS + TAP – TPP) Image unavailable in extracted text S2, or 0, whichever is the greater;

LS is the lump sum payment or the benefit under sections 15(2) and 15(3A) the person received in respect of the period divided by S0;

S0 is the basic salary at the end of the period;

S1 is the basic salary at the date the person next became a member after the end of the period;

S2 is the basic salary at the date the person became so entitled to a pension;

TPP is the total pension the person would have received from the end of the period until the date of next becoming a member if he or she had not so converted part of his or her pension divided by (S0 + S1)/2;

TAP is the total pension the person actually received from the end of the period until the date of next becoming a member divided by (S0 + S1)/2.