Public Service Pensions (Single Scheme and Other Provisions) Act 2012

• (b) in any other case (including a case to which provisions relating to death in service or retirement on medical grounds relate), refuse or reduce any preserved pension, any preserved lump sum or any other benefit with effect on and from the date the person ceases to hold employment which might otherwise be duly payable.

• (3) Where a pension is being paid to a person under this Part or under a pre-existing public service pension scheme in respect of his or her service in one or more than one public service body and that person is convicted by any court of an offence in the commission of which a financial loss to a public service body or the State has occurred, then the Minister or any other relevant authority concerned may reduce or cease paying a pension awarded under this Part in order to make good such loss together with compound interest at a rate as may be determined by the Minister from time to time for the purpose of making good the value of the loss.

• (4) Interest to which this section relates shall be charged in respect of the period between the date on which the loss was incurred and the date of the final payment.

54. Survivor’s entitlement to pension.

54.— (1) Where a person would, but for this subsection, be eligible to receive—

• (a) more than one survivor’s pension to which section 33 relates, or

• (b) more than one survivor’s pension (by whatever name called) paid under a pre-existing public service pension scheme, or

• (c) one or more than one pension to which paragraph (a) relates and one or more than one pension to which paragraph (b) relates,

then, subject to subsection (2), that person shall be eligible to receive only one of those pensions.

• (2) Where—

• (a) a deceased member,

• (b) a deceased member of any pre-existing public service pension scheme, or

• (c) a deceased person to whom both paragraphs (a) and (b) relate,

was duly in receipt of, or eligible to receive, more than one pension in respect of his or her public service, then the person eligible to receive in respect of such service a survivor’s pension to which subsection (1) relates shall be eligible to receive each such pension as relates to the public service of any one such deceased member.

Chapter 5 Consequential Amendments (Part 2)

55. Amendment of Public Service Superannuation (Miscellaneous Provisions) Act 2004.

55.— The Public Service Superannuation (Miscellaneous Provisions) Act 2004 is amended—

• (a) in section 3 by substituting the following for subsection (1):

• “(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.”,

and

• (b) in section 5 by substituting the following for subsection (2):

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

  • (a) with effect from 16 February 1988, the class of officers who are prison governors, and

  • (b) with effect from 1 March 2012, the class of officers, who are appointed to the position of Prison Campus Governor by the Minister for Justice and Equality,

  subject to the Superannuation (Prison Officers) Act 1919 as if each class of officers concerned had been prescribed under and for the purposes of section 1(1) (as adapted by the Superannuation (Prison Officers) Act 1919, Adaptation Order 1933 (S.R. & O. No. 71 of 1933)) of the Superannuation (Prison Officers) Act 1919.”.

56. Amendment of section 14 of Teaching Council Act 2001.

56.— Section 14 of the Teaching Council Act 2001 is amended by inserting the following after subsection (4):

• “(5) Subsection (4) shall not apply to employees who are members of the Single Public Service Pension Scheme.”.

57. Amendment of section 41 of Education (Welfare) Act 2000.

57.— Section 41 of the Education (Welfare) Act 2000 is amended—

• (a) by substituting the following for subsection (6):

• “(6) Subject to section 41A, no superannuation benefit shall be granted by the Board to or in respect of any of its staff (including the Chief Executive) who are members of a scheme under this section, nor shall any other arrangement be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved under this section.”,

and

• (b) by inserting the following after subsection (7):

• “(8) Subsections (1) to (7) shall not apply to any of the staff (including the Chief Executive) of the Board who are members of the Single Public Service Pension Scheme and no superannuation benefit shall be granted by the Board to such staff other than in accordance with that Scheme.”.

58. Amendment of sections 105 and 106 of Planning and Development Act 2000.

58.— The Planning and Development Act 2000 is amended—

• (a) in section 105 (as amended by the Public Service Superannuation (Miscellaneous Provisions) Act 2004) by substituting the following for paragraph (b) of subsection (13):

• “(b) The chairperson shall vacate the office of chairperson on attaining the age of 65 years but where the chairperson is either—

  • (i) a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, or

  • (ii) a Scheme member (within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012,

  then the requirement under this subsection to vacate office on grounds of age shall not apply.”,

and

• (b) in section 106 (as so amended) by substituting the following for paragraph (b) of subsection (13):

• “(b) A person shall vacate the office of ordinary member on attaining the age of 65 years but where the ordinary member is either—

  • (i) a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, or

  • (ii) a Scheme member (within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012),

  then the requirement under this subsection to vacate office on grounds of age shall not apply.”.

59. Amendment of sections 21 and 24 of Environmental Protection Agency Act 1992.

59.— The Environmental Protection Agency Act 1992 (as amended by the Public Service Superannuation (Miscellaneous Provisions) Act 2004) is amended—

• (a) in section 21 by substituting the following for paragraph (b) of subsection (14):

• “(b) The Director General shall vacate the office of Director General on attaining the age of 65 years but where the Director General is either—

  • (i) a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, or

  • (ii) a Scheme member (within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012),

  then the requirement under this subsection to vacate office on grounds of age shall not apply.”,

and

• (b) in section 24 (as so amended) by substituting the following for paragraph (b) of subsection (10):

• “(b) A director shall vacate his office of director on attaining the age of 65 years but where the director is either—

  • (i) a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, or

  • (ii) a Scheme member (within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012),

  then the requirement under this subsection to vacate office on grounds of age shall not apply.”.

60. Amendment of section 13 of Dublin Institute of Technology Act 1992.

60.— Section 13 of the Dublin Institute of Technology Act 1992 is amended by substituting the following for subsection (3)(c)(iii) (inserted by the Institutes of Technology Act 2006):

• “(iii) shall not be reckoned as salary or emolument for the purposes of the Education Sector Superannuation Scheme or the Single Public Service Pension Scheme, as the case may be.”.

61. Amendment of section 2 of Ombudsman Act 1980.

61.— Section 2 of the Ombudsman Act 1980 (as amended by the Public Service Superannuation (Miscellaneous Provisions) Act 2004) is amended—

• (a) by substituting the following for paragraph (c) of subsection (3):

• “(c) shall in any case vacate the office on attaining the age of 67 years except where the person is either—

• (i) a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, or

• (ii) a Scheme member (within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012),

in which case the requirement under this subsection to vacate office on grounds of age shall not apply.”,

and

• (b) by substituting the following for subsection (7):

• “(7) A person shall be not more than 61 years of age upon first being appointed to the office of Ombudsman, but where the person is either—

  • (a) a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, or

  • (b) a Scheme member (within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012),

  then this subsection shall not apply.”.

PART 3 Cost Neutral Early Retirement Provisions for Judges and Certain Court Officers

62. Definitions (Part 3).

62.— In this Part—

“Act of 1961” means the Courts of Justice and Court Officers (Superannuation) Act 1961;

“Act of 1991” means the Courts (Supplemental Provisions) (Amendment) Act 1991.

63. Amendment of section 2 of Act of 1961.

63.— Section 2 of the Act of 1961 is amended—

• (a) in subsection (2), by substituting “Subject to subsection (2A) of this section, upon the grant of a pension” for “Upon the grant of a pension”, and

• (b) by inserting the following subsection after subsection (2):

• “(2A) Upon the grant of a pension, to any person to whom this section applies, pursuant to regulations under section 5 of the Courts (Supplemental Provisions) (Amendment) Act 1991 where the amount of the pension payable is actuarially reduced by reason of that person not having reached the appropriate age within the meaning of section 6 of that Act, the amount of a gratuity granted to that person under subsection (2) of this section shall be actuarially reduced by reference to—

  • (a) the age of that person on the date on which he or she ceases to hold office as a judge of the Supreme Court, the High Court, the Circuit Court or the District Court, as the case may be, and

  • (b) the appropriate age as aforesaid of that person,

  in accordance with actuarial tables approved and issued from time to time by the Minister.”.

64. Amendment of section 4 of Act of 1961.

64.— Section 4 of the Act of 1961 is amended—

• (a) in subsection (2), by substituting “Subject to subsection (2A) of this section, upon the grant of a pension” for “Upon the grant of a pension”, and

• (b) by inserting the following subsection after subsection (2):

• “(2A) Upon the grant of a pension, to any person to whom this section applies, pursuant to regulations under section 5 of the Courts (Supplemental Provisions) (Amendment) Act 1991 where the amount of the pension payable is actuarially reduced by reason of that person not having reached the appropriate age within the meaning of section 6 of that Act, the amount of a gratuity granted to that person under subsection (2) of this section shall be actuarially reduced by reference to—

  • (a) the age of that person on the date on which he or she ceases to hold office as the Master of the High Court or Taxing Master, as the case may be, and

  • (b) the appropriate age as aforesaid of that person,

  in accordance with actuarial tables approved and issued from time to time by the Minister.”.

65. Amendment of section 5(1) of Act of 1991.

65.— Section 5(1) of the Act of 1991 is amended—

• (a) in paragraph (a), by substituting “2 or more years of service” for “five years’ service or upwards”, and

• (b) in paragraph (b), by substituting “2 or more years of service” for “five or more years of service”.

66. Amendment of section 6 of Act of 1991.

66.— Section 6 of the Act of 1991 is amended—

• (a) in subsection (1), by substituting the following paragraphs for paragraphs (a) and (b):

• “(a) to or in respect of a judge, including a judge of the District Court, otherwise than on his or her having reached the appropriate age or upon his or her death, and

• (b) to or in respect of a person holding the office of Master of the High Court, Taxing Master or county registrar otherwise than on his or her having reached the appropriate age or upon his or her death.”,

• (b) by inserting the following subsection after subsection (1):

• “(1A) Notwithstanding the provisions of subsection (1) of this section as to age or lapse of time, regulations under section 5 of this Act providing for the grant of a pension mentioned in subsection (1)(a) or (1)(b) of that section to or in respect of a judge, including a judge of the District Court, or the Master of the High Court or Taxing Master may provide for the grant of such a pension to or in respect of such a judge or such officer who vacates or ceases to hold office having reached the specified age but before reaching the appropriate age, provided that the pension payable in such circumstances is actuarially reduced by reference to—

  • (a) the age of such a judge or such officer on the date of such vacation of office or ceasing to hold office, as the case may be, and

  • (b) the appropriate age of such a judge or such officer, as the case may be,

  in accordance with actuarial tables approved and issued from time to time by the Minister.”,

and

• (c) by adding the following subsection after subsection (5):

• “(6) In this section—

‘appropriate age’ means—

- (*a*) in relation to a judge of the Supreme Court, the High Court or the Circuit Court—

    - (i) 70 years of age, or

    - (ii) the earliest age (being not less than 65 years of age) at which 15 years have elapsed since—

        - (I) the date of his or her appointment to the office which he or she vacated, or

        - (II) the date of his or her appointment to the first office in which he or she served (where his or her service consists of service in more than one office),

          whichever age is reached first,

- (*b*) in relation to a judge of the District Court, 65 years of age, and

- (*c*) in relation to a holder of the office of Master of the High Court, Taxing Master or county registrar, 65 years of age;

  ‘pension’ includes gratuity upon death;

  ‘specified age’ means—

- (*a*) in relation to a judge, including a judge of the District Court, 60 years of age, and

- (*b*) in relation to a holder of the office of Master of the High Court or Taxing Master, 60 years of age.”.

PART 4 Amendment of Financial Emergency Measures in the Public Interest Act 2010

67. Definition (Part 4).

67.— In this Part “Act of 2010” means the Financial Emergency Measures in the Public Interest Act 2010.

68. Amendment of section 1 of Act of 2010.

68.— Section 1 of the Act of 2010 is amended—

• (a) by inserting the following definitions:

“ ‘aggregation of public service pensions’ means the aggregation under subsection (1A) of section 2 of two or more public service pensions payable to a pensioner for the purposes of the application of subsection (1) of that section in relation to the pensioner;

‘pension adjustment order’ means an order under—

• (a) section 12 of the Family Law Act 1995,

• (b) section 17 of the Family Law (Divorce) Act 1996,

• (c) section 121 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or

• (d) section 187 of that Act;”,

and

• (b) in the definition of “public service pension scheme”, by substituting “but, other than a scheme made in respect of the Central Bank of Ireland, does not include” for “but does not include”.

69. Amendment of section 2 of Act of 2010.

69.— Section 2 of the Act of 2010 is amended by inserting the following subsections after subsection (1):

• “(1A) If two or more public service pensions are payable to a pensioner, all such pensions shall be aggregated for the purposes of applying subsection (1) in relation to the pensioner.

• (1B) Where a pension adjustment order has been made in relation to a public service pension, the annualised amount of the public service pension shall be reduced under this section before it is paid in accordance with the provisions of the pension adjustment order.”.

70. Amendment of section 4 of Act of 2010.

70.— Section 4 of the Act of 2010 is amended by substituting the following subsection for subsection (1):

• “(1) Without prejudice to subsection (2), reductions of public service pensions under section 2 shall be paid or disposed of as the Minister may direct and, in particular, the Minister may, for the purposes of the aggregation of public service pensions, direct a paying authority—

  • (a) to reduce the annualised amount of a public service pension payable by the paying authority to a pensioner by the total amount of the reduction that applies in relation to the pensioner under section 2 in respect of all public service pensions payable to him or her, or

  • (b) not to reduce the annualised amount of a public service pension payable by the paying authority to a pensioner in accordance with section 2.”.

71. Amendment of section 5 of Act of 2010.

71.— Section 5 of the Act of 2010 is amended—

• (a) in subsection (1)(b), by inserting “subject to a direction given by the Minister under section 4(1) for the purposes of the aggregation of public service pensions,” before “no paying authority is entitled to pay”, and

• (b) in subsection (2), by substituting “Subject to a direction given by the Minister under section 4(1) for the purposes of the aggregation of public service pensions, if a paying authority pays to a pensioner” for “If a paying authority pays to a pensioner”.

72. Duty to give information, etc.

72.— The Act of 2010 is amended by inserting the following section after section 6:

“6A.— (1) A pensioner shall, in relation to himself or herself, provide to a paying authority such information as is necessary for the purposes of the aggregation of public service pensions in relation to that pensioner.

• (2) Any person, other than a pensioner, who is in receipt (whether in respect of himself, herself or otherwise) of a public service pension, or a part thereof, payable to the pensioner shall provide to a paying authority such information as is necessary for the purposes of the aggregation of public service pensions in relation to that pensioner.

• (3) A paying authority may transfer to the Minister or any other paying authority such information that is provided to the paying authority under subsection (1) or (2)—

  • (a) as the paying authority considers necessary,

  • (b) as may be requested by the Minister, or

  • (c) as may be requested by that other paying authority,

  for the purposes of the aggregation of public service pensions in relation to the pensioner concerned.”.

73. Use of Personal Public Service Number (PPSN).

73.— The Act of 2010 is amended by inserting the following section after section 6A (inserted by section 72):

“6B.— (1) A pensioner shall, in relation to a public service pension, supply his or her personal public service number to the paying authority concerned.

• (2) A person, other than a pensioner, who is in receipt (whether in respect of himself, herself or otherwise) of a public service pension, or a part thereof, payable to the pensioner shall, in relation to the public service pension, supply the personal public service number of the pensioner to the paying authority concerned.

• (3) A paying authority may use the personal public service number of a pensioner as a unique identifier to record information in respect of a public service pension payable to the pensioner and, whenever it transfers information in relation to that pensioner to the Minister or another paying authority, it may use that number which shall, where appropriate, be deemed to have been supplied under subsection (1) or (2), as the case may be.

• (4) In this section ‘personal public service number’, in relation to a pensioner, has the meaning it has in section 262 of the Social Welfare Consolidation Act 2005.”.

74. Removal of doubts.

74.— The Act of 2010 is amended by substituting the following section for section 12:

“12.— (1) Subsection (2) applies where a doubt, question or dispute arises in the operation of this Act in respect of—

• (a) whether a person is or is not a person whose public service pension is subject to section 2, or

• (b) a case in which section 2 applies to a public service pension, the manner in which it so applies, including in circumstances where a pension adjustment order has been made in relation to the public service pension.

• (2) The doubt, question or dispute concerned shall—

  • (a) be submitted to the Minister by the paying authority in relation to the public service pension concerned, and

  • (b) be determined by the Minister after consulting such persons (if any) as the Minister considers appropriate in the circumstances,

  and the determination of the doubt, question or dispute by the Minister shall be final.”.

SCHEDULE BODIES TO WHICH THE DEFINITION OF “PUBLIC SERVICE BODY” DOES NOT APPLY

Section 5.

F8[20A. Uisce Éireann.]