Public Service Superannuation (Miscellaneous Provisions) Act 2004

Pensionable age generally.

10

10.—(1) Subject to subsections (2) to (6) and sections 5 and 11, no superannuation benefit other than death benefits shall be paid in respect of service as a new entrant before he or she reaches the age of 65 years.

(2) Subject to subsection (6)

( a) where a member of the Permanent Defence Force other than the Army Nursing Service is a new entrant, then no superannuation benefit shall be paid in respect of service as a new entrant before he or she reaches the age of 50 years, other than death benefits, and

( b) in the case of members of the Army Nursing Service, subsection (1) shall apply.

(3) Subject to subsection (6), where a member of the Garda Síochána is a new entrant, no superannuation benefit shall be paid in respect of service as a new entrant before he or she reaches the age of 55 years, other than death benefits.

(4) Subject to subsection (6), nothing in this section shall be read as prohibiting a provision in a public service pension scheme from setting the age at which preserved benefit, other than a death benefit, first becomes payable at an age later than the age at which a retirement benefit is payable.

(5) Subject to subsection (6), where a specified fire brigade employee is a new entrant, no superannuation benefit shall be paid before he or she reaches the age of 55 years, other than death benefits.

F5 [ (6) Nothing in this section shall affect any provision by or under any enactment or public service pension scheme which provides for the award of superannuation benefits at an age earlier than that specified in this section or in the amendments provided for by Part 2 of Schedule 2

( a ) on grounds of ill health, or

( b ) where it is provided for by the provisions of a public service pension scheme, on 31 March 2004, in the case of compulsory cesser of office or position before 65 years of age, or

( c ) for any other specified purpose under any enactment or public service pension scheme that applies to a new entrant and is approved by the relevant Minister and the Minister after 31 March 2004. ]