Public Service Superannuation (Miscellaneous Provisions) Act 2004

1. Interpretation.

1.—(1) In this Act, except where the context otherwise requires:

F1["Act of 2012" means the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;]

“1980 Regulations” means the Civil Service Superannuation Regulations 1980 (S.I. No. 188 of 1980);

“Civil Service” means the Civil Service of the Government and the Civil Service of the State;

“death benefit” means a superannuation benefit payable under a public service pension scheme on the death of the member;

“European Parliament”, in relation to membership, means membership in respect of a constituency within the State and includes, in respect of former membership, a former member of the European Assembly in respect of such a constituency;

“health board” means—

(a) a health board established under the Health Act 1970,

(b) the Eastern Regional Health Authority,

(c) an Area Health Board established under the Health (Eastern Regional Health Authority) Act 1999, or

(d) the Health Board Executive;

“Minister” means the Minister for Finance;

“new entrant” shall be read in accordance with section 2;

“preserved benefit” means, in the case of a public servant who leaves before reaching the age for receipt of a pension, a deferred superannuation benefit which is payable at a date later than the date of the public servant's date of leaving office;

“public servant” means—

(a) a person who is employed by a public service body,

(b) a member of the Permanent Defence Force,

(c) a member of either House of the Oireachtas or a member of the European Parliament,

(d) the holder of a qualifying office,

but, subject to section 2(2), does not include—

(i) the President,

(ii) a member of the judiciary,

(iii) the Master of the High Court,

(iv) a taxing master, or

(v) a county registrar;

“public service body” means—

(a) the Civil Service,

(b) the Garda Síochána,

(c) the Permanent Defence Force,

(d) a local authority for the purposes of the Local Government Act 2001,

(e) a health board,

F2[(f) an education and training board,]

(g) a body, other than a body set out in Schedule 1—

(i) established by or under any enactment (other than the Companies Acts 1963 to 2003), or

(ii) established under the Companies Acts 1963 to 2003 in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

and in respect of which a public service pension scheme exists or applies or may be made,

(h) any body, other than a body set out in Schedule 1, wholly or partly funded out of moneys provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a public service pension scheme exists or applies or may be made,

(i) any subsidiary of a body to which paragraph (d), (e) or (g) relates and in respect of which a public service pension scheme exists or applies or may be made,

and reference to “public service” shall be read accordingly;

“public service pension scheme” means an occupational pension scheme or pension arrangement, by whatever name called, for any part of the public service which—

(a) is provided for under the Superannuation Acts 1834 to 1963 or any other enactment to like effect, or

(b) is made by a relevant Minister or which has been approved or requires the approval or consent, however expressed, of either or both a relevant Minister and the Minister,

but is not a scheme or arrangement in respect of a body or category of bodies set out in Schedule 1;

“qualifying office” has the same meaning as it has in section 13 (inserted by the Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1977) of the Ministerial and Parliamentary Offices Act 1938, that is to say—

(a) a ministerial office within the meaning of that section as amended by the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973, or

(b) a secretarial office within the meaning of that section as amended by the Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983 and the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001;

“relevant Minister”, in relation to a public service pension scheme, means the Minister or Ministers of the Government responsible for the making or approval of, or granting consent to, such scheme;

F1["relevant public servant" means a public servant who is not any of the following:

(a) a member of either House of the Oireachtas or a member of the European Parliament;

(b) the holder of a qualifying office;

(c) a new entrant;

(d) a Scheme member;

(e) a person to whom, if he or she were a Scheme member, section 13(4) or 26(1) of the Act of 2012 would apply;

(f) a person who—

(i) before the coming into operation of section 3 of the Public Service Superannuation (Age of Retirement) Act 2018, retired from a public service body upon or after attaining the age of 65 years, and

(ii) on the coming into operation of that section, is employed by a public service body;

(g) a person who is employed by the Central Bank of Ireland;]

“retirement benefit” means a superannuation benefit which is payable on retirement or discharge;

F1["Scheme member" has the same meaning as it has in the Act of 2012.]

“specified fire brigade employee” means a whole-time employee of a fire authority under the Fire Services Act 1981 whose duties include the attendance at fires and whose conditions of employment, as determined by a local authority under section 158(1)(b) of the Local Government Act 2001, require him or her to retire at 55 years of age F3[or where a higher age is specified by regulations undersection 158(1)(ba) of theLocal Government Act 2001, that age];

“subsidiary” means a subsidiary within the meaning of the Companies Act 1963;

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement, discharge or death to or in respect of a member or former member of a public service pension scheme in accordance with the terms of the scheme.

(2) In this Act—

(a) a reference to a section or schedule is a reference to a section of, or schedule to, this Act, unless it is indicated that a reference to some other provision is intended,

(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended.

(3) A reference to another enactment is to that enactment as amended or modified at any time by any enactment.

2. New entrant.

2.—(1) Subject to subsections (2) to (6), reference in this Act to “new entrant” means a person who is not serving in a public service body, or a body to which Schedule 1 relates, on 31 March 2004 but becomes a public servant on or after 1 April 2004.

(2) Where a person is not a public servant (by virtue of the exclusions to “public servant” in section 1) but is a person to whom—

(a) paragraph (i) of those exclusions relates and such person holds, or had held on or before 31 March 2004, the office to which that paragraph relates, or

(b) paragraph (ii), (iii), (iv) or (v) of those exclusions relates and such person holds on 31 March 2004 an office or position to which one of those paragraphs relates or to whom subsection (3) would apply if the office or position were that of a public servant within the meaning of this Act,

then, where such person on or after 1 April 2004 becomes a public servant for the purposes of this Act, then that person shall be deemed not to be a new entrant.

(3) Where—

(a) a person on 31 March 2004—

(i) stands seconded from the public service to a body not in the public service, either within or outside the State or both, or

(ii) is absent on leave with or without pay from the public service,

and

(b) that person is entitled to resume his or her office or position or another office or position within the public service,

then that person shall not be treated as a new entrant if he or she resumes his or her office or position, or takes up another office or position, within the public service on or after 1 April 2004.

(4) Where—

(a) a person duly receives a written offer of appointment as a public servant before 1 April 2004 and takes up that offer after that date,

(b) a person was serving in a public service body or a body to which Schedule 1 relates prior to 31 March 2004 and left such an office or position and takes up appointment as a public servant on or after 1 April 2004—

(i) under the same contract of employment, or

(ii) no later than 26 weeks following the last day of service prior to 31 March 2004,

or

(c) a person who immediately before 1 April 2004 stood admitted as a trainee Garda to the Garda College at Templemore,

and where—

(I) but for this subsection, subsection (1) would apply to him or her, and

(II) where paragraph (a) applies, the terms of the offer of appointment would be contravened if subsection (1) were to apply,

then, such person shall not be regarded as a new entrant and the provisions applicable to a public servant shall, but only in so far as the application of provisions relating to retirement age and superannuation, as the case may be, apply in the same manner as to a person serving in the public service on 31 March 2004.

(5)(a) Where before 1 April 2004 a person was a member of either House of the Oireachtas or the European Parliament, or was a holder of a qualifying office, then such person shall not be regarded as a new entrant for the purposes of any superannuation benefit payable in respect of membership of the Oireachtas or the European Parliament or in respect of any qualifying office.

(b) A person who holds or has held the office of Taoiseach shall not be regarded as a new entrant in relation to any superannuation benefit payable in respect of the holding of a qualifying office.

(6) Where on or after 1 April 2004 a public servant who is not a new entrant ceases to serve in a public service body or in a body to which Schedule 1 relates and does so otherwise than for employment in another public service body or in a body to which Schedule 1 relates, then that person shall, if he or she subsequently applies for an office or position within the public service, be treated as a new entrant in respect of such subsequent service unless he or she takes up appointment—

(a) under the same contract of employment, or

(b) as a public servant no later than 26 weeks following the last day of service prior to cessation.

(7) For the purpose of supplementing subsection (5), the Act referred to in columns 1 and 2 of Part 1 of Schedule 2 is amended to the extent specified in column 3 of that Part opposite the references to the Act concerned.

3. Removal of compulsory retirement age for new entrants to public service.

3.—F4[(1) A person who is a new entrant to the public service shall not be obliged to retire on age grounds unless—

(a) otherwise provided for by this Act, or

(b) he or she is a member of the Single Public Service Pension Scheme other than a member of that Scheme who is the President, a member of either House of the Oireachtas or a qualifying office holder for the purposes of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.]

(2) For the purpose of supplementing subsection (1) and section 10, the Acts referred to in columns 1 and 2 of Part 2 of Schedule 2 are amended to the extent specified in column 3 of that Part opposite the references to the Act concerned.

3A. F5[Age of retirement for relevant public servants

3A.—(1) A relevant public servant shall retire from being a public servant at the latest upon attaining the age of 70 years or, where a higher age is prescribed by order undersubsection (2), upon attaining that higher age.

(2) Subject tosubsection (3), the Minister may, by order, prescribe an age, being higher than 70 years, upon the attainment of which all relevant public servants shall, at the latest, retire.

(3) Before making an order undersubsection (2), the Minister shall have regard to—

(a) the likely effect of the order on recruitment, promotion and retention of staff in the public service as a whole,

(b) the pensionable age applicable at the time of making the order,

(c) any evidence of an increase in normal life expectancy in the State made available by the Central Statistics Office from time to time,

(d) the likely cost (if any) to the Exchequer that would result from the order,

(e) any order made under section 13(2) of the Act of 2012, and

(f) such other matters as the Minister considers appropriate.

(4) For the purpose of supplementingsubsection (1), the Acts referred to in columns 1 and 2 ofPart 3ofSchedule 2are amended to the extent specified in column 3 of that Part opposite the references to the Act concerned.

(5) Insubsection (3)(b), "pensionable age" means pensionable age within the meaning of section 2(1) (amended by section 7of the Social Welfare and Pensions Act 2011 ) of the Social Welfare Consolidation Act 2005.

(6) The Minister shall, within three months of the passing of this Act, prepare and lay before the Oireachtas a report on the public servants who were forced to retire between 6 December 2017 and the commencement of this Act due to reaching the age of 65 years and on potential remedies to assist this cohort of worker.]

4. Compulsory retirement age for new entrants to Garda Síochána.

4.—(1) A person who is appointed as a new entrant to the Garda Síochána on or after 1 April 2004 shall cease to be a member—

(a) on attaining the age of 55 years, or

(b) at a later age up to the age of 60 years F6[or such higher age as may be specified by the Minister for Justice, in regulations made under the relevant provision, as the retirement age for the rank of the member] subject to the Commissioner of the Garda Síochána being satisfied that the member is fully competent and available to undertake, and fully capable of undertaking, the duties of his or her position as a member of the Garda Síochána.

(2) For the purposes of subsection (1)(b) the Commissioner of the Garda Síochána shall require, at such intervals as the Commissioner considers appropriate, certification as to the health and fitness of the member concerned by a medical practitioner nominated by the Commissioner.

(3) For the purposes of subsections (1) and (2), where the member concerned is the Commissioner of the Garda Síochána, then references to the Commissioner of the Garda Síochána or to the Commissioner in those subsections shall be read as references to the Minister for Justice, Equality and Law Reform.

F7[(4) Nothing in this section shall prevent the appointment, in accordance with theF8[Policing, Security and Community Safety Act 2024],F9[as a new entrant to the Garda Síochána to the rank of Commissioner of the Garda Síochána or of Deputy Garda Commissioner who has attained the age of 55 years but is under the age of 60 years or such higher age as may be specified by the Minister for Justice, in regulations made under the relevant provision, as the retirement age for the rank concerned].

(5) Where an appointment of a person mentioned insubsection (4)is made, then—

(a)subsections (1)(b),(2)and(3)shall apply to the person if the appointment is to the rank of Commissioner of the Garda Síochána, and

(b)subsections (1)(b)and(2)shall apply to the person if the appointment is to the rank of Deputy Garda Commissioner.]

F6[(6) In this section, "relevant provision" means—

(a) until the date on which it is repealed by the coming into operation ofsection 5of thePolicing, Security and Community Safety Act 2024,section 122(1) of theGarda Síochána Act 2005, and

(b) on and from the date referred to inparagraph (a),section 254(1) of thePolicing, Security and Community Safety Act 2024.]

5. Amendment of Superannuation (Prison Officers) Act 1919, etc.

5.—(1) The Superannuation (Prison Officers) Act 1919 is amended by substituting the following for section 1(1)(a):

“(a) 55 years shall be substituted for 60 years or 65 years, as appropriate, as the age of retirement which without a medical certificate a superannuation allowance may be granted and, accordingly, sections 10 and 11 of the Superannuation Act 1859 (as amended by the Public Service Superannuation (Miscellaneous Provisions) Act 2004) shall, in their application to such officers as aforesaid, have effect as if for ‘60 years’ or ‘65 years’ there were substituted ‘55 years’; but where any such officer, other than an officer who is a new entrant—

(i) is covered by—

(I) the report of Departmental Council, Department of Justice, known as the Agreed Report No. 8/1983 which was signed on behalf of the Staff Side on 21 September 1983 and on behalf of the Official Side on 3 October 1983, or

(II) the report known as the Civil Service Conciliation and Arbitration (Higher) Scheme Conciliation Council Report 1/88 which was adopted on behalf of the Staff Side and on behalf of the Official Side on 16 February 1988,

and

(ii) has in aggregate 30 years' service as such an officer,

then ‘50 years’ shall be so substituted instead of ‘55 years’;

(aa) 60 years shall be substituted for 65 years as the age at which preserved benefit (within the meaning of section 1 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004, other than in so far as it relates to a death benefit) can be paid and, accordingly, section 6 of the Superannuation Act 1909 (as amended by the Public Service Superannuation (Miscellaneous Provisions) Act 2004) shall, in its application to such officers as aforesaid, have effect as if for ‘65 years’ there were substituted ‘60 years’;”.

F10[(2) The Superannuation Acts 1834 to 1963 shall have effect in respect of—