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

13.

Normal retirement age.

13.— (1) Except where otherwise expressly provided for by this Chapter or referred to in subsection (2), (3) or (4), a Scheme member may retire from being a public servant upon attaining—

( a) the age of 66 years, or

( b) the age at which from time to time a person—

(i) is entitled or eligible, or

(ii) would be so entitled or eligible had he or she met the non-age related qualifying criteria,

to receive a contributory State Pension,

whichever last occurs (in this Part referred to as the “normal retirement age”).

(2) A public servant to whom subsection (1) applies, other than a person in respect of any service as a public servant to which section 20 , 21 , 24 or 26 relates, shall retire from being a public servant at the latest upon attaining the age of 70 years or such later age as may be determined by the Minister by order.

(3) Where before the commencement of this Part there existed a statutory power, exercisable by a Minister of the Government or other body, to provide for either or both an age and a maximum service limit (however expressed) at which any class or classes of public servants could or is required to retire or be retired or discharged and which could differ from the general retirement age applicable to public servants who are not new entrants for the purposes of the Public Service Superannuation (Miscellaneous Provisions) Act 2004, then such Minister of the Government (unless he or she is the Minister) or other body may only exercise that power following consultation with the Minister.

(4) In the case of a Scheme member who is an employee, other than a person who holds a whole-time post, of a local authority which is a fire authority under the Fire Services Act 1981 and—

( a) whose duties include attendance at fires, and

( b) whose conditions of service require him or her to retire upon attaining the age of 55 years or, subject to medical examination or examinations, 58 years,

the normal retirement age for such person shall be determined in accordance with those conditions.