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 1 January 2023
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 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 37 of 2012
PUBLIC SERVICE PENSIONS (SINGLE SCHEME AND OTHER PROVISIONS) ACT 2012
REVISED
Updated to 1 January 2023
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
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2010, No. 21 |
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Adoption Acts 1952 to 1998 |
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Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 |
2010, No. 24 |
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Companies Acts |
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Courts of Justice and Court Officers (Superannuation) Act 1961 |
1961, No. 16 |
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1926, No. 27 |
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Court Officers Acts 1926 to 2008 |
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1961, No. 39 |
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Courts (Supplemental Provisions) Acts 1961 to 2008 |
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1991, No. 23 |
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1954, No. 18 |
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Defence Acts 1954 to 2007 |
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Defence Forces (Pensions) Acts 1932 to 2004 |
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1992, No. 15 |
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2000, No. 22 |
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1992, No. 7 |
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1995, No. 26 |
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1996, No. 33 |
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Financial Emergency Measures in the Public Interest Act 2010 |
2010, No. 38 |
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1981, No. 30 |
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1988, No. 26 |
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1946, No. 9 |
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1996, No. 11 |
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2006, No. 25 |
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2001, No. 37 |
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1980, No. 8 |
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2007, No. 25 |
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1938, No. 38 |
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2001, No. 33 |
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1938, No. 34 |
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Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009 |
2009, No. 29 |
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Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973 |
1973, No. 22 |
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1977, No. 29 |
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1983, No. 32 |
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1980, No. 26 |
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1990, No. 25 |
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1965, No. 13 |
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1964, No. 10 |
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2000, No. 30 |
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1996, No. 12 |
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1938, No. 24 |
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Public Service Superannuation (Miscellaneous Provisions) Act 2004 |
2004, No. 7 |
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Social Welfare Acts |
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2005, No. 26 |
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Superannuation Acts 1834 to 1963 |
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1976, No. 22 |
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Superannuation (Prison Officers) Act 1919 |
9 & 10 Geo. 5, c. 67 |
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1997, No. 39 |
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Teachers’ Superannuation Acts 1928 and 1990 |
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2001, No. 8 |
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1930, No. 29 |
Number 37 of 2012
PUBLIC SERVICE PENSIONS (SINGLE SCHEME AND OTHER PROVISIONS) ACT 2012
REVISED
Updated to 1 January 2023
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.
[28th July, 2012]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: