S.L. 260.4 Art. 7Pension to be reduced in certain circumstances.

(1) A correctional services officer who retires on grounds listed in regulation 3(e), to whom a pension has been granted under these regulations and who is in receipt of -

(a) any remuneration in respect of any employment, or of any services rendered, of any office held; or

(b) any income deriving from the exercise of a trade, business, profession or vocation; or

(c) any income deriving from any pension, allowance or other payment in respect of any employment, service or office aforesaid, shall, until he reaches the age of fifty-five years or until the twenty-fifth anniversary of his first appointment in the Department of Correctional Services, whichever is the earliest, have his pension reduced by the amount by which the aggregate income established in accordance with the following provisions of this regulation exceeds the salary which is then payable in respect of the post which the officer held in retirement, taking account only, if such salary is incremental, of the corresponding increments earned prior to retirement, or, if such post has been abolished, an analogous post: Provided that the yearly pension shall in no case be reduced to less than the sum of one hundred and sixteen euros and forty-seven cents (116.47), and if the yearly pension or other allowance does not exceed the minimum payable as aforesaid, no reduction shall be made therefrom.

(2) For the purpose of subregulation (1), the aggregate income shall be established by adding -

(a) the pension which, but for the provisions of this regulation, would have been receivable under these regulations; and

(b) any remuneration or income referred to in subregulation (1)(a), (b) or (c), or both remuneration and income; and by subtracting therefrom the yearly sum of one hundred and sixteen euros and forty-seven cents (116.47).

(3) Any reduction in the pension under subregulation (1) shall be calculated on the basis of the pension, the remuneration or other income, and the salary, receivable during a period of twelve months ending on 31st December of the year in which the reduction is due to be made, but, subject to any adjustments that may be or become necessary for any reason whatsoever, and in so far as practicable, shall be made from the monthly or other periodical payments of the pension.

(4) Any officer to whom subregulation (1) applies shall without delay inform the Director General (Social Security), and keep him at all times informed, of all the circumstances which render the said subregulation (1) applicable to him and the extent to which it is so applicable, and of any change in the circumstances or extent aforesaid, and shall give the Director General (Social Security), on request, all relevant information; and if such officer fails to comply with any of the provisions of this subregulation, any pension to which he may be entitled under these regulations shall forthwith cease: Provided that on good cause being shown, the pension or other allowance may be restored, with or without retrospective effect, by the Prime Minister.