Judge Brian Curtin becomes eligible for a pension on grounds of permanent ill-health in November, The Irish Times has learned.
He will be eligible for payment of a pension of under €19,000 a year from November unless he is impeached before then.
Judge Curtin was appointed a judge of the Circuit Court in November 2001 and will have been on the bench for five years next November, although he has not sat since his arrest on suspicion of possession of child pornography in 2002.
He was acquitted by direction of the trial judge in April 2004, when it emerged the warrant under which his computer was seized was out of date.
The 1998 Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act provides for a pension for a Circuit Court judge who vacates his office "owing to age or permanent infirmity".
The amount of the pension is one-eighth of salary at the time of vacating office, with an additional three-eightieths of salary for each year more than five. This is subject to a maximum pension of half-salary.
At the moment, the annual salary of a Circuit Court judge is €149,461 and one-eighth of this is €18,682.
Judge Curtin has been suffering from a number of health problems for the past few years. His solicitor notified the Tralee District Court, where his case was mentioned a number of times before a trial date was set, that he was suffering from heart problems and depression.
Eventually the judge ordered him to appear and he made one brief appearance before his case was returned to the Circuit Court for trial.
When the Oireachtas committee set up to inquire into how he came to be charged with possessing child pornography started its hearings, his lawyers said he was too ill to attend, and produced supporting medical certificates.
Judge Curtin was receiving treatment in St John of God Hospital, Dublin, at that time.
A judge who seeks to resign on health grounds must apply in writing to the President, who appoints judges on the recommendation of the Government. The President then transmits this application to the Taoiseach.
According to a spokesman for the Department of Justice, there are no guidelines laid down for assessing such an application.