Public Service Superannuation (Miscellaneous Provisions) Act 2004
Number 7 of 2004
PUBLIC SERVICE SUPERANNUATION (MISCELLANEOUS PROVISIONS) ACT 2004
REVISED
Updated to 1 January 2023
This Revised Act is an administrative consolidation of the Public Service Superannuation (Miscellaneous Provisions) Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, and all statutory instruments up to and including the Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 7 of 2004
PUBLIC SERVICE SUPERANNUATION (MISCELLANEOUS PROVISIONS) ACT 2004
REVISED
Updated to 1 January 2023
ARRANGEMENT OF SECTIONS
Bodies to which the definition of “Public Service Body” does not apply
Consequential Amendments to Act Relating to Sections 2(7) and 11(2)
Consequential Amendments to Acts Relating to Sections 3 and 10
Consequential Amendments to Acts Relating to Section 3A
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Acts Referred to |
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Civil Service Regulation Act 1956 |
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Companies Act 1963 |
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Companies Acts 1963 to 2003 |
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Comptroller and Auditor General (Amendment) Act 1993 |
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Data Protection Act 1988 |
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Defence Forces (Pensions) Acts 1932 to 1975 |
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Dentists Act 1985 |
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Environmental Protection Agency Act 1992 |
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Fire Services Act 1981 |
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Freedom of Information Act 1997 |
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Harbours Act 1946 |
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Harbours Act 1996 |
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Health Act 1970 |
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Health (Eastern Regional Health Authority) Act 1999 |
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Local Government Act 2001 |
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Medical Practitioners Act 1978 |
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Mental Treatment Act 1945 |
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Ministerial and Parliamentary Offices Act 1938 |
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Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 |
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National Disability Authority Act 1999 |
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Nurses Act 1985 |
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Official Languages Act 2003 |
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Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973 |
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Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 |
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Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1977 |
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Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983 |
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Ombudsman Act 1980 |
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Ombudsman for Children Act 2002 |
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Pensions Act 1990 |
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Pensions (Amendment) Act 2002 |
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Planning and Development Act 2000 |
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Registration of Title Act 1964 |
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Superannuation Act 1859 |
22 Vict., c. 26 |
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Superannuation Act 1887 |
50 & 51 Vict., c. 67 |
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Superannuation Act 1909 |
9 Edw. 7, c. 10 |
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Superannuation Act 1914 |
4 & 5 Geo. 5, c. 86 |
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Superannuation Acts 1834 to 1963 |
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Superannuation (Prison Officers) Act 1919 |
9 & 10 Geo. 5, c. 67 |
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Vocational Education Act 1930 |
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Number 7 of 2004
PUBLIC SERVICE SUPERANNUATION (MISCELLANEOUS PROVISIONS) ACT 2004
REVISED
Updated to 1 January 2023
AN ACT TO REMOVE THE COMPULSORY RETIREMENT AGE FOR CERTAIN CATEGORIES OF NEW ENTRANTS INTO THE PUBLIC SERVICE ON OR AFTER 1 APRIL 2004, TO INCREASE THE PENSIONABLE AGE FOR CERTAIN CATEGORIES OF NEW ENTRANTS INTO THE PUBLIC SERVICE FROM THAT DATE, INCLUDING MEMBERS OF EITHER HOUSE OF THE OIREACHTAS AND CERTAIN OFFICE HOLDERS, AND TO MAKE CONSEQUENTIAL PROVISIONS, TO PROVIDE FOR CERTAIN OTHER CATEGORIES OF NEW ENTRANTS, FOR TRANSITIONAL MATTERS AND FOR THE MAKING OF A SCHEME OR SCHEMES FOR THE GRANTING OF SUPERANNUATION BENEFITS TO OR IN RESPECT OF NEW ENTRANTS INTO THE PERMANENT DEFENCE FORCE APPOINTED ON OR AFTER 1 APRIL 2004, AND TO PROVIDE FOR CONNECTED MATTERS. [25th March 2004]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Reference to collectively cited Defence Forces (Pensions) Acts 1932 to 2004 and this Act construed (1.01.2013) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), ss. 5(1) and 7(1)(a), S.I. No. 574 of 2012.
Interpretation (Part 2).
5.— (1) ...
“Superannuation Acts” means— ...
(c) Defence Forces (Pensions) Acts 1932 to 2004,
...
(i) Public Service Superannuation (Miscellaneous Provisions) Act 2004;
...
Application of certain enactments, etc., restricted.
7.— (1) Other than in accordance with section 15, no provision of a pre-existing public service pension scheme shall apply or be applied in respect of the service of a public servant to which the Scheme relates and, accordingly—
(a) the Superannuation Acts,
(b) ...
shall be read subject to this subsection.
C2
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
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Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
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Number and Year |
Short Title |
Provision |
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(1) |
(2) |
(3) |
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... |
... |
... |
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No. 7 of 2004 |
Public Service Superannuation (Miscellaneous Provisions) Act 2004 |
The whole Act |
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... |
... |
... |
C3
Application of Act confirmed in certain circumstances (20.05.2008) by Local Government Services (Corporate Bodies) (Confirmation of Orders) Act 2008 (9/2008), s. 3(4), commenced on enactment.
Confirmation of certain orders under section 3 of Act of 1971.
3.— ...
(4) The Public Service Superannuation (Miscellaneous Provisions) Act 2004 shall, in so far as it applied to an officer, servant, employee or member of the staff of a body established under section 3 of the Act of 1971 immediately before the passing of this Act, continue to so apply after the passing of this Act.
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C4
Application of Act confirmed in certain circumstances (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 5(5), commenced on enactment.
Confirmation of certain orders under section 3 of Act of 1961.
5.— ...
(5) The Public Service Superannuation (Miscellaneous Provisions) Act 2004 shall, in so far as it applied to an official, servant, employee or member of the staff of a body established under section 3 of the Act of 1961 immediately before the passing of this Act, continue to so apply after the passing of this Act.
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