Public Service Superannuation (Miscellaneous Provisions) Act 2004

SCHEDULE 2

PART I

Consequential Amendments to Act Relating to Sections 2(7) and 11(2)

Number and Year

Short Title

Amendment

No. 38 of 1938

Ministerial and Parliamentary Offices Act 1938

Section 13A (inserted by the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 ):

in subsection (7), to delete paragraph ( b) (inserted by the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 ) and insert the following:

“( b)  Subject to paragraph ( c), none of the following persons are entitled to a pension under this section—

(i)  a person who is receiving a severance allowance under Part V of this Act, or

(ii) a person who has not reached 65 years of age, other than—

(I)  a person who was a member of either House of the Oireachtas, or of the European Parliament (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004), prior to 1 April 2004,

(II) a person who held the office of Attorney General prior to 1 April 2004, or

(III) a person who has held the office of Taoiseach,

in which cases the reference to 65 years in this paragraph shall be taken to be a reference to 50 years.”.

Section 13AA (inserted by the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 ):

to delete subsection (11) and insert the following:

“(11) Except as provided by subsection (12), none of the following persons are entitled to a pension under this section—

( a) a person who is receiving a severance allowance under Part V of this Act, or

( b) a person who has not reached 65 years of age, other than—

(i)  a person who was a member of either House of the Oireachtas, or of the European Parliament (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004), prior to 1 April 2004,

(ii) a person who held the office of Attorney General prior to 1 April 2004, or

(iii) a person who has held the office of Taoiseach,

in which cases the reference to 65 years in this subsection shall be taken to be a reference to 50 years.”.

PART 2

Consequential Amendments to Acts Relating to Sections 3 and 10

Section 3 and 10.

Chapter and Regnal Year or Number and Year

Short Title

Amendment

22 Vict., c. 26

Superannuation Act 1859

Section 10 (as amended by the 1980 Regulations):

in subsection (1), to delete “who shall be under Sixty Years” and insert “who shall be under 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, under 65 years of age”.

Section 11:

to delete “attained the Age of Sixty Years” and substitute “attained the age of 60 years or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years”.

50 & 51 Vict., c. 67

Superannuation Act 1887

Section 3 (as amended by the 1980 Regulations):

in subsection (5) to delete “before attaining sixty years of age” and insert “before attaining 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”;

in subsection (7):

( a)  to delete “he attains sixty years of age” and insert “that person attains 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”, and

( b)  in paragraph ( a), to delete “sixtieth birthday” and insert “60th birthday or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65th birthday”;

in subsection (13), in the definition of “the annual salary and emoluments of his office on his last day of reckonable service”, to delete “attained sixty years of age” and insert “attained 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”.

9 Edw. 7, c.10

Superannuation Act 1909

Section 1:

in the proviso to subsection (2) after “that age” to insert “but this proviso shall not apply in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies”.

Section 2:

in the proviso to subsection (1) after “that age” to insert “but this proviso shall not apply in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies”.

Section 6 (as amended by the 1980 Regulations):

in subsection (1)—

( a)  in paragraph ( a) to delete “having attained sixty years of age” and insert “having attained 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”,

( b)  in paragraph ( b)(II) to delete “attains sixty years of age” and insert “attains 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”,

( c)  in paragraph ( b) to delete “attaining sixty years of age” and substitute “attaining the said 60 or 65 years of age, as the case may be,”,

( d)  in paragraph ( c) to delete “attains sixty years of age” and insert “attains 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age” in both places where it occurs,

( e)  in paragraph ( c)(iv)(I) to delete “had attained sixty years of age” and insert “had attained 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”,

( f)  in paragraph ( d) to delete “attains sixty years of age” and insert “attains 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”,

( g)  in paragraph ( e) to delete “attains sixty years of age” and insert “attains 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age” in both places where it occurs.

4 & 5 Geo. 5, c.86

Superannuation Act 1914

Section 4 (as amended by the 1980 Regulations):

in subsection (1) to delete “attained sixty years of age” and insert “attained 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”.

No. 46 of 1956

Civil Service Regulation Act 1956

Section 8:

to insert the following subsection after subsection (5):

“(5A) Subsections (3) and (4) of this section do not apply to a civil servant (other than an officer to whom the Act of 1919 applies) who is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004.”.

No. 16 of 1964

Registration of Title Act 1964

Section 9:

in subsection (7) after “seventy years” to insert “: but where the Registrar of Titles is a new entrant (within the meaning of the Public Service Superan- nuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then the requirement to retire on grounds of age shall not apply”.

No. 1 of 1970

Health Act 1970

Section 19:

to substitute the following for section 19:

“Age limits.

19.—A person who is a per-limits. manent officer of a health board shall cease to be a permanent officer on attaining the age of 65 years, or where a higher age is fixed by order of the Minister, on the person attaining that age: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, the requirement to cease to be a permanent officer on grounds of age shall not apply.”.

No. 4 of 1978

Medical Practitioners Act 1978

Section 18:

to substitute the following for subsection (1):

“(1) A person who is a permanent officer of the Council shall cease to be a permanent officer on attaining the age of 65 years, or where a higher age is fixed by order of the Minister, on the person attaining that age: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, the requirement to cease to be a permanent officer on grounds of age shall not apply.”.

No. 26 of 1980

Ombudsman Act 1980

Section 2:

in subsection (3)( c) after “67 years” to insert “: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply”;

in subsection (7) after “Ombudsman” to insert “: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then this subsection shall not apply”.

No. 9 of 1985

Dentists Act 1985

Section 18:

to substitute the following for subsection (1):

“(1) A person who is a permanent officer of the Council shall cease to be a permanent officer on attaining the age of 65 years, or where a higher age is fixed by order of the Minister, on the person attaining that age: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, the requirement to cease to be a permanent officer on grounds of age shall not apply.”.

No. 18 of 1985

Nurses Act 1985

Section 18:

to substitute the following for section 18:

“Age limits, etc.

18.—A person who is a per-limits, etc. manent officer of the Board shall cease to be a permanent officer on attaining the age of 65 years: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, the requirement to cease to be a permanent officer on grounds of age shall not apply.”.

No. 25 of 1988

Data Protection Act 1988

Second Schedule:

in paragraph 2(2)( c) after “65 years” to insert “: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply.”.

No. 25 of 1990

Pensions Act 1990

Section 129 (inserted by the Pensions (Amendment) Act 2002):

in subsection (4) after “67 years” to insert “: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply”.

No. 7 of 1992

Environmental Protection Agency Act 1992

Section 21:

in subsection (14)( b) after “sixty-five years” to insert “: but where the Director General is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then the requirement to vacate office on the grounds of age shall not apply”.

Section 24:

in subsection (10)( b) after “sixty-five years” to insert “: but where the director is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply”.

No. 8 of 1993

Comptroller and Auditor General (Amendment) Act 1993

Section 15:

in subsection (2) to substitute the following for paragraph ( a):

“( a)  he has reached the age of 60 years or, where section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies to such person, 65 years, or”;

in subsection (6) after “65 years” to insert “: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply”.

No. 13 of 1997

Freedom of Information Act 1997

Second Schedule:

in paragraph 2( c) after “67 years” to insert “: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply”.

No. 13 of 1999

Health (Eastern Regional Health Authority) Act 1999

Section 21:

in subsection (11) to insert the following for paragraph ( b):

“( b)  A person who is a member of the staff of the Executive serving in a permanent capacity shall cease to be such a member on attaining the age of 65 years: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, the requirement to cease to be such a member on grounds of age shall not apply”.

No. 14 of 1999

National Disability Authority Act 1999

Section 25:

in subsection (5)( a) after “whichever is the shorter” to insert “: but where the Director is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then the requirement to cease holding office, on grounds of age, shall not apply”.

No. 30 of 2000

Planning and Development Act 2000

Section 105:

in subsection (13)( b) after “65 years” to insert “: but where the chairperson is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply”.

Section 106:

in subsection (13)( b) after “65 years” to insert “: but where the ordinary member is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply”.

No. 22 of 2002

Ombudsman for Children Act 2002

Section 4:

in subsection (3)( c) after “67 years” to insert “: but where he or she is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then the requirement to vacate office on the grounds of age shall not apply”.

No. 32 of 2003

Official Languages Act 2003

Second Schedule:

in paragraph 2( c) of the Irish text after “ar 67 mbliana d'aois a shlánú” to insert “: ach i gcás gur iontrálaí nua é nóí, de réir bhrí an Achta um Aoisliúntas na Seirbhíse Poiblí (Forálacha Ilghnéitheacha) 2004, ansin ní bheidh feidhm ag an gceanglas maidir le héirí as oifig ar fhoras aoise”;

in paragraph 2( c) of the English text after “attaining the age of 67 years” to insert “: but where he or she is a new entrant, within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004, then the requirement to vacate office on grounds of age shall not apply”.