The former assistant Dublin city and county manager, Mr George Redmond, could face up to seven years in jail if a guilty verdict is returned on the corruption charges he faces.
However, he would still be entitled to his £30,000-ayear public service pension, regardless of the verdict.
Dublin Corporation, while declining to comment on any individual case, pointed out yesterday that the Supreme Court decided in 1990 that a pension already earned was considered a property right and therefore enjoyed constitutional protection against its removal.
Most of the legislation against corruption and bribery on the statute books dates back to the Victorian era, but the penalties were updated in the Ethics in Public Offices Act, 1995.
This provides for a fine of up to £50,000 or imprisonment for up to seven years, or both, in the case of conviction on indictment (on the decision of a jury). On summary conviction (by a judge), the penalties are a fine of up to £1,000 or a prison sentence of up to 12 months, or both.
Mr Redmond (76) will be tried on indictment later this year, the Dublin District Court heard this week. He appeared on a series of corruption-related charges arising from two land transactions in west Dublin in the 1980s. It is understood that gardai have taken statements from 46 witnesses in the case.
Mr Redmond was charged with corruptly receiving money from a garage owner, Mr Brendan Fassnidge, in connection with the sale of a strip of land in Palmerstown by Dublin County Council to Mr Fassnidge in 1987/88.
The former official was also charged with corruptly receiving £10,000 in connection with the compulsory purchase by Dublin County Council of about 167 acres at Buzzardstown and Coolmine in Co Dublin.
