(1) Subject to subsection (2), as soon as may be after the establishment day, the Commission shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of -

(a) persons who were accepted into its employment in accordance with section 40, and

(b) such other persons as it considers appropriate, including -

(i) the person referred to in paragraph (b) of section 12(1), and

(ii) persons who elect to become members of the staff of the Commission pursuant to section 24G (inserted by section 76) of the Act of 2007.

(2) A scheme prepared and submitted under this section shall not provide for the granting of superannuation benefits to or in respect of any person referred to in subsection (1) where the Single Public Service Pension Scheme applies to that person by virtue of Chapter 2 of Part 2 of the Act of 2012.