46BAmount of pension payable to pensioner

46B Amount of pension payable to pensioner

s. 46B

(1) Notwithstanding any other provision of this Act the pension payable to any pensioner who is employed in the service of the Crown shall be reduced by the amount by which five-sevenths of the amount of his pension together with the remuneration he receives from his employment in the service of the Crown exceed the current equivalent of his salary on retirement.

S. 46B(2) amended by No. 8179
s. 3(i).

(2) In this section—

current equivalent of the salary on retirement in relation to a pensioner means such salary as applies from time to time to the rank which the pensioner held on the day prior to his retirement, but, in the case of a pensioner who retired before the coming into operation of section 2 of the Police Regulation (Amendment) (No. 2) Act 1971 and on the day prior to such retirement held the rank of—

(a) superintendent, grade I—means such salary as applies from time to time to the rank of chief superintendent;

(b) superintendent, grade II—means such salary as applies from time to time to the rank of superintendent;

(c) inspector, grade I—means such salary as applies from time to time to the rank of inspector;

(d) inspector, grade II—means such salary as applies from time to time to the rank of inspector;

s. 46B

(e) sergeant—means such salary as applies from time to time to the rank of senior sergeant;

(f) senior constable—means such salary as applies from time to time to the rank of sergeant;

(g) first constable—means such salary as applies from time to time to the rank of senior constable;

S. 46B(2) def. of employed in the service of the Crown amended by Nos 9019 s. 2(Sch. item 185), 120/1994 s. 13, 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 158.2), 24/2006 s. 6.1.2(Sch. 7 item 31).

employed in the service of the Crown in relation to a pensioner means a person employed under a contract of service—

(a) by the Crown whether employed pursuant to the Public Administration Act 2004, Part 2.4 of the Education and Training Reform Act 2006 or otherwise; or

(b) by any public statutory authority constituted under the law of the State—

whether the contract relates to permanent temporary casual full-time part-time or other type of employment.

(3) This section does not apply to the payment of a pension to a pensioner—