76Liability to be recalled to service

76 Liability to be recalled to service (1) Nothing in any Act regulating or restricting the appointment of a person to an office by an employing authority applies to appointments made by an employing authority under this section. S. 76(2) amended by Nos 81/1988 s. 33(h)(i)(ii), 120/1994 s. 62(3)(b), 40/2004 s. 36. (2) If in the opinion of the Board the health of a pensioner to whom a pension under section 34, 54 or 83A is being paid would enable him or her to perform duties for which the pensioner is suited by education, training or experience and the Board so informs an employing authority, the employing authority must ensure that the pensioner is offered employment— S. 76(2)(a) inserted by No. 40/2004 s. 36. (a) with tenure comparable with the tenure of the position held by the pensioner prior to the disability; and S. 76(2)(b) inserted by No. 40/2004 s. 36. (b) having duties for which the pensioner is suited by education, training or experience or would be suited as a result of retraining. S. 76(3) amended by No. 4/1996 s. 113(2). (3) If employment is offered to a pensioner at a salary that is less than the salary (excluding the remuneration referred to in paragraph (b) of the definition of ***salary*** in section 3) then appropriate to the grade in which he or she was employed at the time of his or her retirement because the pensioner is unable to perform the previous duties due to ill health, the Board may agree to pay to him or her fortnightly out of the Fund an amount equal to the difference between the salary offered and the salary then appropriate to the grade in which he or she was employed at the time of his or her retirement while he or she remains an officer. (4) An amount paid by the Board under subsection (3)— (a) is not a pension and the person receiving it is not a pensioner; and S. 76(4)(b) amended by No. 81/1988 s. 33(i). (b) is salary for the purposes of this Act and may be adjusted by the Board to allow for changes in the salary paid to the person. S. 76(5) amended by No. 102/1995 s. 23(1)(a)(b). (5) If a pensioner is offered employment which the employing authority certifies to the Board is employment that the pensioner is suited by education, training or experience or would be suited as a result of retraining and the salary offered and any benefit under subsection (3) is not less than the salary (excluding the remuneration referred to in paragraph (b) of the definition of ***salary*** in section 3) then appropriate to the grade in which he or she was employed at the time of his or her retirement, the Board must if— (a) he or she accepts the employment; or (b) being under the minimum age for retirement, he or she refuses to accept the employment— cancel the pension. (6) Despite anything to the contrary in this section, the Board may offer any pensioner receiving a pension under section 34 a lump sum equal to 5 times the annual rate of his or her pension instead of that pension. S. 76(7) substituted by No. 102/1995 s. 23(2). (7) If the pensioner accepts the offer under subsection (6), he or she ceases to be a pensioner and the Board is released from any liability to make any further payments to, or in respect of, any entitlement of the pensioner or of any of his or her dependants. S. 76(8) amended by No. 81/1988 s. 33(j), repealed by No. 102/1995 s. 23(3).