Having voluntarily resigned from the Supreme Court, Mr Hugh O'Flaherty is entitled to a pension, based on his salary of £90,858.
Had he not resigned and been removed by the Oireachtas, he would not have been entitled to a pension. Mr O'Flaherty also fulfils the requirement that one must have been a sitting judge for more than five years.
The position on the pension of Mr Justice Kelly, were he to resign, is less clear.
As he did not have five years sitting in the High Court, he would not qualify for a High Court pension.
His pension would be calculated on a Circuit Court salary. This was increased to £65,911 in March of last year.
A spokesman for the Department of Justice told The Irish Times that "a complicated system could ensue with a portion of the pension being calculated on the High Court salary, based on the amount of time served there".
The spokesman added, however, that a certain amount of the pension entitlements could be negotiated and it is understood that Mr Justice Kelly was exploring these avenues yesterday.
Like Mr O'Flaherty's case, were he to be removed from office for stated misbehaviour, he would not be entitled to a pension.
