Public Service Pensions (Single Scheme and Other Provisions) Act 2012
Number 37 of 2012
PUBLIC SERVICE PENSIONS (SINGLE SCHEME AND OTHER PROVISIONS) ACT 2012
REVISED
Updated to 27 January 2017
This Revised Act is an administrative consolidation of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012. 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 Health (Miscellaneous Provisions) Act 2017 (1/2017), enacted 16 February 2017, and all statutory instruments up to and including Single Public Service Pension Scheme (Accrual of Referable Amounts while on Sick Leave) Regulations 2017 (S.I. No. 16 of 2017), made 27 January 2017, 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 37 of 2012
PUBLIC SERVICE PENSIONS (SINGLE SCHEME AND OTHER PROVISIONS) ACT 2012
REVISED
Updated to 27 January 2017
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
Court Officers Acts 1926 to 2014 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Court of Appeal Act 2014 (18/2014), s. 1(4)). The Acts in the group are:
• Court Officers Act 1926 (27/1926)
• Court Officers Act 1945 (25/1945)
• Court Officers Act 1951 (8/1951)
• Courts of Justice and Court Officers (Superannuation) Act 1961 (16/1961), in so far as it amends and extends the Courts Officers Acts 1926 to 1951
• Courts (Supplemental Provisions) (Amendment) Act 1991 (23/1991), in so far as it amends or extends the Courts of Justice and Court Officers (Superannuation) Act 1961
• Courts and Court Officers Act 1995 (31/1995), in so far as it amends or extends the Court Officers Acts 1926 to 1991
• Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), in so far as it amends the Courts of Justice and Court Officers (Superannuation) Act 1961
• Courts (Supplemental Provisions) (Amendment) Act 1999 (25/1999), insofar as it amends or extends Court Officers Acts 1926 to 1998
• Courts and Court Officers Act 2002 (15/2002), insofar as they amend the Court Officers Acts 1926 to 1999
• Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), ss. 29 and 30
• Courts and Court Officers Act 2009 (36/2009)
• Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), ss. 63 and 64
• Court of Appeal Act 2014 (18/2014), to the extent that it amends or extends the Courts Officers Acts 1926 to 2012 and the Courts and Court Officers Act 2009
Acts previously included in this group but now repealed are:
• Court Officers (Amendment) Act 1937 (21/1937)
Courts (Supplemental Provisions) Acts 1961 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Choice of Court (Hague Convention) Act 2015 (38/2015), s. 11(2)). The Acts in the group are:
• Courts (Supplemental Provisions) Act 1961 (39/1961)
• Courts (Supplemental Provisions) (Amendment) Act 1962 (18/1962)
• Courts (Supplemental Provisions) (Amendment) Act 1964 (9/1964)
• Courts Act 1964 (11/1964)
• Courts (Supplemental Provisions) (Amendment) Act 1968 (3/1968)
• Courts Act 1971 (36/1971)
• Courts Act 1973 (26/1973)
• Courts Act 1977 (11/1977)
• Courts Act 1979 (15/1979)
• Courts Act 1981 (11/1981)
• Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983 (32/1983), ss. 2(6) and 2(7)(a)
• Courts Act 1985 (23/1985)
• Courts Act 1986 (1/1986)
• Courts Act 1988 (14/1988)
• Courts Act 1991 (20/1991)
• Courts (No. 2) Act 1991 (21/1991)
• Courts and Court Officers Act 1995 (31/1995), ss. 3, 7, 8, 11(2), 28, 30, 31, 36, 37, 38, 39, 40, 50(1)
• Courts Act 1996 (26/1996)
• Courts Act 1997 (6/1997)
• Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), ss. 7 to 10, 13, 14, 16, 20A, 20E to 20H, 20J, 20K and 20M
• Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), sections 24-31
• Courts (Supplemental Provisions) (Amendment) Act 1999 (25/1999)
• Courts (Supplemental Provisions) (Amendment) Act 2000 (15/2000)
• Courts and Court Officers Act 2002 (15/2002)
• Courts and Court Officers (Amendment) Act 2003 (36/2003)
• Courts and Court Officers (Amendment) Act 2007 (4/2007)
• Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), ss. 9, 11, 12, 13, 20, 21, 22, 23
• Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), ss. 65 and 66
• Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 17
• Court of Appeal Act 2014 (18/2014), to the extent that it amends or extends the Courts (Supplemental Provisions) Acts 1961 to 2013
• Choice of Court (Hague Convention) Act 2015 (38/2015), ss. 5 to 9
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 1997, 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
• Competition and Consumer Protection Act 2014 (29/2014)
• ESB (Electronic Communications Networks) Act 2014 (5/2014)
• Education and Training Boards Act 2013 (11/2013)
All Acts up to and including Health (Miscellaneous Provisions) Act 2017 (1/2017), enacted 16 February 2017, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Single Public Service Pension Scheme (Accrual of Referable Amounts while on Sick Leave) Regulations 2017 (S.I. No. 16 of 2017)
• Single Public Service Pension Scheme (Retirement on Medical Grounds) Regulations 2017 (S.I. No. 15 of 2017)
• Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (Sections 68, 69, 70 and 71) (Commencement) Order 2013 (S.I. No. 314 of 2013)
• Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (Relevant Authorities) Regulations 2012 (S.I. No. 581 of 2012)
• Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (Commencement of Single Public Service Pension Scheme) Order 2012 (S.I. No. 574 of 2012)
• Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (Commencement of Certain Provisions Relating to Pre-existing Public Service Pension Schemes) Order 2012 (S.I. No. 413 of 2012)
• Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (Commencement of Certain Provisions of Section 52) Order 2012 (S.I. No. 393 of 2012)
• Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (Commence of Section 68(b)) Order 2012 (S.I. No. 323 of 2012)
All statutory instruments up to and including Single Public Service Pension Scheme (Accrual of Referable Amounts while on Sick Leave) Regulations 2017 (S.I. No. 16 of 2017), made 27 January 2017, were considered in the preparation of this revision.
Number 37 of 2012
PUBLIC SERVICE PENSIONS (SINGLE SCHEME AND OTHER PROVISIONS) ACT 2012
REVISED
Updated to 27 January 2017
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, commencement and collective citations.
2. Definition ( Parts 1 and 2).
Public Service Pensions
Preliminary and General (Part 2)
7. Application of certain enactments, etc., restricted.
Single Scheme
Establishment and Membership of Scheme, etc.
11. Pensionability of allowances, emoluments and related payments.
12. Pension benefits to be paid to Scheme members or former Scheme members.
Contributions by members of the Scheme, etc.
Calculation of benefits and circumstances for payments under the Scheme
19. Calculation of retirement benefits.
20. Calculation of retirement benefits — President.
21. Calculation of retirement benefits — qualifying office holders.
22. Calculation of retirement benefits — holders of judicial offices.
23. Calculation of retirement benefits — Comptroller and Auditor General.
24. Calculation of retirement benefits — members of either House of the Oireachtas.
25. Calculation of retirement benefits — designated office holders.
26. Calculation of retirement benefits — Scheme members who may be required to retire early.
27. Cost neutral early retirement.
29. Retirement on medical grounds.
31. Obligation to pay benefits under this Chapter.
34. Grant and payment of survivor’s pension.
35. Children’s pension — grant.
36. Children’s pension — beneficiaries.
37. Children’s pension — to whom paid.
Pension and other adjustments
Review of Scheme, etc.
Other provisions
43. Duty of relevant authority to keep records, calculate contributions, etc.
44. Payments out of Central Fund, etc.
45. Repayment of retirement benefits, etc., overpaid.
46. Pensionable remuneration and simultaneous employment in more than one position, etc.
Pre-existing Public Service Pension Schemes
47. Extension of section 40 to pre-existing public service pension schemes.
48. Application of Scheme to certain persons.
Provisions Applicable to all Public Service Pension Schemes
49. Duty to give information, etc.
50. Use of Personal Public Service Number (PPSN).
51. Duty to make declarations, etc.
52. Abatement and reckoning of pensionable service.
53. Cesser or reduction of benefit.
54. Survivor’s entitlement to pension.
Consequential Amendments (Part 2)
55. Amendment of Public Service Superannuation (Miscellaneous Provisions) Act 2004.
56. Amendment of section 14 of Teaching Council Act 2001.
57. Amendment of section 41 of Education (Welfare) Act 2000.
58. Amendment of sections 105 and 106 of Planning and Development Act 2000.
59. Amendment of sections 21 and 24 of Environmental Protection Agency Act 1992.
60. Amendment of section 13 of Dublin Institute of Technology Act 1992.
61. Amendment of section 2 of Ombudsman Act 1980.
Cost Neutral Early Retirement Provisions for Judges and Certain Court Officers
63. Amendment of section 2 of Act of 1961.
64. Amendment of section 4 of Act of 1961.
65. Amendment of section 5(1) of Act of 1991.
66. Amendment of section 6 of Act of 1991.
Amendment of Financial Emergency Measures in the Public Interest Act 2010
68. Amendment of section 1 of Act of 2010.
69. Amendment of section 2 of Act of 2010.
70. Amendment of section 4 of Act of 2010.
71. Amendment of section 5 of Act of 2010.
72. Duty to give information, etc.
73. Use of Personal Public Service Number (PPSN).
BODIES TO WHICH THE DEFINITION OF “PUBLIC SERVICE BODY” DOES NOT APPLY
Acts Referred to
|
2010, No. 21 |
|
|
Adoption Acts 1952 to 1998 |
|
|
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 |
2010, No. 24 |
|
Companies Acts |
|
|
Courts of Justice and Court Officers (Superannuation) Act 1961 |
1961, No. 16 |
|
1926, No. 27 |
|
|
Court Officers Acts 1926 to 2008 |
|
|
1961, No. 39 |
|
|
Courts (Supplemental Provisions) Acts 1961 to 2008 |
|
|
1991, No. 23 |
|
|
1954, No. 18 |
|
|
Defence Acts 1954 to 2007 |
|
|
Defence Forces (Pensions) Acts 1932 to 2004 |
|
|
1992, No. 15 |
|
|
2000, No. 22 |
|
|
1992, No. 7 |
|
|
1995, No. 26 |
|
|
1996, No. 33 |
|
|
Financial Emergency Measures in the Public Interest Act 2010 |
2010, No. 38 |
|
1981, No. 30 |
|
|
1988, No. 26 |
|
|
1946, No. 9 |
|
|
1996, No. 11 |
|
|
2006, No. 25 |
|
|
2001, No. 37 |
|
|
1980, No. 8 |
|
|
2007, No. 25 |
|
|
1938, No. 38 |
|
|
2001, No. 33 |
|
|
1938, No. 34 |
|
|
Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009 |
2009, No. 29 |
|
Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973 |
1973, No. 22 |
|
1977, No. 29 |
|
|
1983, No. 32 |
|
|
1980, No. 26 |
|
|
1990, No. 25 |
|
|
1965, No. 13 |
|
|
1964, No. 10 |
|
|
2000, No. 30 |
|
|
1996, No. 12 |
|
|
1938, No. 24 |
|
|
Public Service Superannuation (Miscellaneous Provisions) Act 2004 |
2004, No. 7 |
|
Social Welfare Acts |
|
|
2005, No. 26 |
|
|
Superannuation Acts 1834 to 1963 |
|
|
1976, No. 22 |
|
|
Superannuation (Prison Officers) Act 1919 |
9 & 10 Geo. 5, c. 67 |
|
1997, No. 39 |
|
|
Teachers’ Superannuation Acts 1928 and 1990 |
|
|
2001, No. 8 |
|
|
1930, No. 29 |
Number 37 of 2012
PUBLIC SERVICE PENSIONS (SINGLE SCHEME AND OTHER PROVISIONS) ACT 2012
REVISED
Updated to 27 January 2017
AN ACT TO PROVIDE FOR A SINGLE PUBLIC SERVICE PENSION SCHEME TO BE ESTABLISHED AND TO APPLY TO NEW ENTRANTS INTO THE PUBLIC SERVICE, TO PROVIDE FOR OTHER PUBLIC SERVICE PENSION SCHEMES NOT TO APPLY TO NEW ENTRANTS, TO PROVIDE FOR PENSIONS AND OTHER BENEFITS IN RESPECT OF SERVICE IN THE PUBLIC SERVICE BY NEW ENTRANTS AND TO PROVIDE FOR PENSIONS UNDER THE SINGLE PUBLIC SERVICE PENSION SCHEME TO BE INDEX-LINKED; TO ENABLE PENSIONS UNDER OTHER PUBLIC SERVICE PENSION SCHEMES TO BE INDEX-LINKED; TO PROVIDE FOR THE PROVISION OF INFORMATION NECESSARY FOR THE PROPER OPERATION OF PUBLIC SERVICE PENSION SCHEMES; TO MODERNISE THE LAW RELATING TO THE ABATEMENT OF PENSIONS IN CERTAIN CIRCUMSTANCES; TO PROVIDE FOR THE AMENDMENT OF THE PUBLIC SERVICE SUPERANNUATION (MISCELLANEOUS PROVISIONS) ACT 2004; TO PROVIDE FOR CERTAIN OTHER CONSEQUENTIAL AMENDMENTS; TO MAKE PROVISION FOR COST NEUTRAL EARLY RETIREMENT FOR JUDGES AND CERTAIN COURT OFFICERS; TO AMEND THE FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2010; AND TO PROVIDE FOR RELATED MATTERS.
[28 th July, 2012]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: