European Parliament (Irish Constituency Members) Act 2009
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: — In this Act—
“Act of 1979” means European Assembly (Irish Representatives) Act 1979 ;
“Act of 1997” means European Parliament Elections Act 1997 ;
“Act of 2001” means Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 ;
“Article”, in relation to a numbered Article, means the Article so numbered of the Decision;
“Decision” means Decision of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (No. 2005/684/EC, Euratom 1 );
“European election ” has the meaning assigned to it by section 7 of the Act of 1997;
“ member ” means a person who is elected under the Act of 1997, or is regarded under that Act as having been so elected, to be a member of the Parliament;
“ Minister ” means Minister for Finance;
“ Parliament ” means European Parliament;
“ parliamentary term ” means a parliamentary term of the Parliament;
“ 2009 European election ” means the European election held in 2009.
1O.J. No. L. 262, 07.10.2005, p.1
num: 2
paragraphs: — (1) A member who belonged to the Parliament at any time before the entry into force of the Decision and is re-elected to it under the Act of 1997 at the 2009 European election, may opt, in lieu of the salary provided under Article 9, and in accordance with Article 26, to be paid the salary specified in subsection (2).
(2) The salary referred to in subsection (1) is a salary at the same rate per year as that of the salary payable to members of DÃ¡il Ãireann for the time being under sections 2 and 3 (as amended by sections 23 and 24, respectively, of the Act of 2001) of the Oireachtas (Allowances to Members) Act 1938 .
(3) Payment of a salary under subsection (2) commences with effect from the commencement of the term of office of the person concerned as a member and ends when he or she ceases to be a member, and is payable monthly out of moneys provided by the Oireachtas.
(4) For the purposes of subsection (3), the term of office of a member is to be regarded as commencing on the first day of the parliamentary term beginning in 2009.
num: 3
paragraphs: — (1) In this section—
“pensions” means pensions, gratuities and other allowances on death or on ceasing otherwise to hold office as a member;
“pensions scheme” means a scheme made under this section.
(2) The Minister may make a contributory scheme (“pension scheme”) for granting pensions to or in respect of members or former members, as the case may be, who—
(a) were elected or appointed to the Parliament under the Act of 1979,
(b) were elected to the Parliament under the Act of 1997, or were regarded under that Act as having been so elected, or
(c) opt to be paid the salary referred to in section 2 (2).
(3) A pension scheme shall fix the time and conditions for payment for all members or former members to or in respect of whom superannuation benefits are payable under it, and different times and conditions may be fixed in respect of different classes of members.
(4) A pension scheme may have effect from a date which is earlier than the date of the scheme.
(5) The Minister may, in accordance with a pension scheme, make deductions from a salary paid under section 2 (3).
(6) The European Assembly (Irish Representatives) Pensions Scheme ( S.I. No. 387 of 1979 ) made under section 4 of the Act of 1979 continues in force as if made under this section.
(7) Every pension scheme and every scheme amending or revoking such a scheme shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done under it.
num: 4
paragraphs: — (1) In this section “specified body” means a body specified in the Schedule .
num: 5
paragraphs: — Chapter 5 of Part 5 of the Taxes Consolidation Act 1997 is amended by inserting after section 127 the following:
“Tax treatment of members of the European Parliament.
127A.— (1) Notwithstanding any other provision of the Tax Acts, income arising to any individual as a member of the European Parliament and payable out of moneys provided—
num: 6
paragraphs: — Section 55 of the Act of 2001 is amended by inserting after subsection (2) the following:
“(2A) Service is not to be treated as pensionable service in accordance with this Chapter if any pension or benefit under the terms of the Decision of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (2005/684/EC, Euratom 1 ) has already been paid or preserved, as the case may be, in respect of the service.”.
1O.J. No. L. 262, 07.10.2005, p.1
num: 7
paragraphs: — The Houses of the Oireachtas Commission Act 2003 is amended:
num: 8
paragraphs: — The European Assembly (Irish Representatives) Act 1979 is repealed.
num: 9
paragraphs: — The expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Oireachtas.
num: 10
paragraphs: — (1) This Act may be cited as the European Parliament (Irish Constituency Members) Act 2009.
(2) This Act comes into operation on the first day of the parliamentary term beginning in 2009.