Public Service Superannuation (Miscellaneous Provisions) Act 2004


Number 7 of 2004


PUBLIC SERVICE SUPERANNUATION (MISCELLANEOUS PROVISIONS) ACT 2004

REVISED

Updated to 7 March 2018


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 Public Service Superannuation (Amendment) Act 2018 (2/2018), enacted 28 February 2018, and all statutory instruments up to and including Public Service Superannuation (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 67 of 2018), made 7 March 2018, 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 7 March 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Defence Forces (Pensions) Acts 1932 to 2004 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 16(2)). The Acts in this group are:

Defence Forces (Pensions) Act 1932 (26/1932)

Defence Forces (Pensions) (Amendment) Act 1938 (33/1938)

Defence Forces (Pensions) (Amendment) Act 1949 (7/1949)

Defence Forces (Pensions) (Amendment) Act 1957 (12/1957)

Defence Forces (Pensions) (Amendment) Act 1968 (4/1968) (repealed)

Defence Forces (Pensions) (Amendment) Act 1975 (2/1975)

Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), ss. 8, 9, 10(2) and 16(2) and, in so far as it relates to those sections, s. 1

Ministerial and Parliamentary Offices Acts 1938 to 2009 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009 (29/2009), s. 7(2)). The Acts in this group are:

Ministerial and Parliamentary Offices Act 1938 (38/1938)

Ministerial and Parliamentary Offices (Amendment) Act 1947 (24/1947) (repealed)

Ministerial and Parliamentary Offices (Amendment) Act 1949 (21/1949)

Ministerial and Parliamentary Offices (Amendment) Act 1952 (19/1952)

Oireachtas (Allowances To Members) and Ministerial and Parliamentary Offices (Amendment) Act 1960 (12/1960), part III

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1964 (14/1964), part III

Oireachtas (Allowances To Members) and Ministerial and Parliamentary Offices (Amendment) Act 1968 (22/1968), part III

Ministerial and Parliamentary Offices Act 1972 (21/1972)

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973 (22/1973), part III

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1977 (29/1977), part III

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983 (32/1983), in so far as it amends the Ministerial and Parliamentary Offices Acts 1938 to 1977

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 (3/1992), in so far as it amends the Ministerial and Parliamentary Offices Acts 1938 to 1983

Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996 (39/1996), s. 5 and s. 7 other than subs. (2)

Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), in so far as it extends or amends the Ministerial and Parliamentary Offices Acts 1938 to 1996

Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001 (30/2001)

Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 11 and sch. 2 part 1

Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (37/2007), s. 16

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009 (29/2009), other than ss. 2 and 3

Public Service Superannuation (Miscellaneous Provisions) Acts 2004 and 2018 : this Act is one of a group of Acts included in this collective citation ( Public Service Superannuation (Amendment) Act 2018 (2/2018), s. 2(2)). The Acts in this group are:

Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004)

Public Service Superannuation (Amendment) Act 2018 (2/2018)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1989, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Public Service Superannuation (Amendment) Act 2018 (2/2018)

Education and Training Boards Act 2013 (11/2016)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012)

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009 (29/2009)

Local Government Services (Corporate Bodies) (Confirmation of Orders) Act 2008 (9/2008)

Health (Miscellaneous Provisions) Act 2007 (42/2007)

Civil Service Regulation (Amendment) Act 2005 (18/2005)

All Acts up to and including Public Service Superannuation (Amendment) Act 2018 (2/2018), enacted 28 February 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

All statutory instruments up to and including Public Service Superannuation (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 67 of 2018), made 7 March 2018, were considered in the preparation of this revision.


Number 7 of 2004


PUBLIC SERVICE SUPERANNUATION (MISCELLANEOUS PROVISIONS) ACT 2004

REVISED

Updated to 7 March 2018


ARRANGEMENT OF SECTIONS


Acts Referred to

Civil Service Regulation Act 1956

1956, No. 46

Companies Act 1963

1963, No. 33

Companies Acts 1963 to 2003

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Data Protection Act 1988

1988, No. 25

Defence Forces (Pensions) Acts 1932 to 1975

Dentists Act 1985

1985, No. 9

Environmental Protection Agency Act 1992

1992, No. 7

Fire Services Act 1981

1981, No. 30

Freedom of Information Act 1997

1997, No. 13

Harbours Act 1946

1946, No. 9

Harbours Act 1996

1996, No. 11

Health Act 1970

1970, No. 1

Health (Eastern Regional Health Authority) Act 1999

1999, No. 13

Local Government Act 2001

2001, No. 37

Medical Practitioners Act 1978

1978, No. 4

Mental Treatment Act 1945

1945, No. 19

Ministerial and Parliamentary Offices Act 1938

1938, No. 38

Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001

2001, No. 33

National Disability Authority Act 1999

1999, No. 14

Nurses Act 1985

1985, No. 18

Official Languages Act 2003

2003, No. 32

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973

1973, No. 22

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992

1992, No. 3

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1977

1977, No. 29

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983

1983, No. 32

Ombudsman Act 1980

1980, No. 26

Ombudsman for Children Act 2002

2002, No. 22

Pensions Act 1990

1990, No. 25

Pensions (Amendment) Act 2002

2002, No. 18

Planning and Development Act 2000

2000, No. 30

Registration of Title Act 1964

1964, No. 16

Superannuation Act 1859

22 Vict., c. 26

Superannuation Act 1887

50 & 51 Vict., c. 67

Superannuation Act 1909

9 Edw. 7, c. 10

Superannuation Act 1914

4 & 5 Geo. 5, c. 86

Superannuation Acts 1834 to 1963

Superannuation (Prison Officers) Act 1919

9 & 10 Geo. 5, c. 67

Vocational Education Act 1930

1930, No. 29


Number 7 of 2004


PUBLIC SERVICE SUPERANNUATION (MISCELLANEOUS PROVISIONS) ACT 2004

REVISED

Updated to 7 March 2018


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. [25 th 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.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 7 of 2004

Public Service Superannuation (Miscellaneous Provisions) Act 2004

The whole Act

...

...

...

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.

...

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.

...