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

PART 2

Public Service Pensions

Chapter 1

Preliminary and General (Part 2)

5.

Interpretation ( Part 2).

5.— (1) In this Part and the Schedule

“adoption order” means an order for the adoption of a child made—

( a) before the establishment day for the Adoption Authority of Ireland, by An Bord Uchtála under the Adoption Acts 1952 to 1998, or

( b) on or after the establishment day for the Adoption Authority of Ireland, by that Authority under the Adoption Act 2010;

“calculation of benefits sections” means sections 18 to 30 or any of those sections;

“child” means a child or step-child or lawfully adopted child of a deceased member, where the child—

( a) has not attained the age of 16 years,

( b) has attained the age of 16 years but has not attained the age of 22 years and—

(i) is receiving full-time educational or vocational instruction, or

(ii) is undergoing full-time instruction or training by any person for any vocation, profession or trade,

or

( c) is permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself and who, when his or her permanent incapacity first occurred, was a person to whom paragraph (a) or (b) related;

“children’s pension” has the meaning given in section 35 ;

“civil partner” means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“Civil Service” means the Civil Service of the Government and the Civil Service of the State;

“consumer price index” means the Consumer Price Index (All Items) published by the Central Statistics Office or any equivalent index published from time to time by that Office;

“contributory State Pension” means the State Pension (Contributory) payable under the Social Welfare Acts;

“death gratuity”, except in the expression “preserved death gratuity”, means a gratuity payable in accordance with section 30 ;

“deceased member” has the meaning given in section 33 ;

“designated office holder” has the meaning given in section 25 ;

“former Scheme member” means a former public servant who—

( a) is entitled to or is in receipt of retirement benefits under the Scheme by virtue of his or her service as a public servant, or

( b) is entitled to claim at some future date retirement benefits under the Scheme by virtue of his or her previous service as a public servant;

“fully insured for social welfare purposes” means holding an office or employment in respect of which the person concerned is an employed contributor within the meaning of section 12(1) of the Social Welfare Consolidation Act 2005

( a) who is liable for an employment contribution payable at the rate specified in section 13(2) of that Act, not being a person to whom article 81, 82, 83 or 88 of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996) applies, or

( b) to whom article 87 of those Regulations applies;

“lawfully adopted child” means, subject to subsection (2) , a child adopted by a Scheme member or former Scheme member (whether alone or jointly with any other person) either in pursuance of an adoption order or in accordance with the law of a country or territory other than the State and recognised by the law of the State as valid and includes, in relation to a deceased member, a child who had been—

( a) in the custody of the deceased member,

( b) in the custody of the spouse or civil partner of the deceased member, or

( c) jointly in the custody of the deceased member and his or her spouse, but only if—

(i) the deceased member or, before the death of the deceased member, his or her spouse or civil partner had duly applied to adopt the child, and

(ii) before the adoption procedure is completed the Scheme member or former Scheme member dies and the child is subsequently adopted by the deceased member’s spouse or civil partner;

“lump sum” means an amount, other than a pension, calculated in accordance with this Part and due as a consequence of the retirement, resignation or death of the Scheme member or former Scheme member or where he or she otherwise ceases to be a pensionable public servant;

“net pensionable remuneration”, in relation to a Scheme member, means an amount by which the pensionable remuneration of such Scheme member in respect of a pay period or series of pay periods exceeds twice the maximum personal rate of contributory State Pension payable from time to time to a person who has no adult dependant or child dependant;

“normal pension age” shall be read in accordance with section 14 ;

“normal retirement age” has the meaning given in section 13 ;

“operative date” means the date the Scheme comes into operation pursuant to section 1 (2) ;

“pension” means the benefit or benefits, other than any lump sum, payable periodically—

( a) to a person, in respect of his or her service as a pensionable public servant, as a consequence of his or her retirement, discharge, resignation, or otherwise ceasing or having ceased to be a pensionable public servant, or

( b) in respect of such service, to another person as a consequence of death or otherwise,

but does not include payments, or so much of any payment, paid solely in respect of any injury caused as a result of such service;

“pensionable position” means a position, post or office, other than—

( a) as a member of a local authority (being a local authority within the meaning of the Local Government Act 2001), or

( b) as Judge Advocate-General appointed pursuant to section 15 of the Defence Act 1954,

in a public service body which is declared in the conditions of service attaching to the position, post or office to be a pensionable position for the purposes of the Scheme or which is stated in a written offer of appointment to the position, office or post to be a pensionable position for the purposes of the Scheme;

“pensionable public servant” means a public servant who—

( a) is employed in a pensionable post by a public service body, or

( b) holds a pensionable office or other pensionable position in a public service body;

“pensionable remuneration”, in relation to a Scheme member and in respect of a pay period or a series of pay periods, means—

( a) basic pay (excluding overtime),

( b) allowances to which section 11 relates, and

( c) emoluments to which section 11 relates,

due to the Scheme member in respect of that pay period or series of pay periods expressed on a full-time basis;

“pre-existing public service pension scheme” means an occupational pension scheme or pension arrangement, by whatever name called, for any part of the public service—

( a) provided for by or under—

(i) the Superannuation Acts, or

(ii) any other enactment (other than this Act) or administrative measure for the like purpose and to the like effect as the Superannuation Acts and of either general or limited application,

or

( b) made by a relevant Minister or which has been approved or requires the approval or consent, however expressed, of either or both a relevant Minister and the Minister,

but does not include the Scheme or a scheme or arrangement in respect of a body specified or referred to in the Schedule ;

“prescribed”, except in sections 22 and 23 , means prescribed by regulations made under section 8 ;

“preserved lump sum” has the meaning given in section 28 ;

“preserved pension” has the meaning given in section 28 ;

“public servant” means—

( a) a person who is employed by, or who holds any office or other position in, a public service body,

( b) a member of the Oireachtas,

( c) the holder of a judicial office,

( d) the Comptroller and Auditor General,

( e) the holder of a qualifying office, or

( f) any other person to whom the calculation of benefits sections relate;

“public service body” means—

( a) the Civil Service,

( b) the Garda Síochána,

( c) the Permanent Defence Force,

( d) a local authority for the purposes of the Local Government Act 2001,

( e) the Health Service Executive,

F1 [ ( f ) an education and training board, ]

( g) subject to section 6 (1) , the Central Bank of Ireland,

( h) any other body (other than a body specified or referred to in the Schedule ) established—

(i) by or under an enactment (other than the Companies Acts), or

(ii) under the Companies Acts in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

in respect of which a pre-existing public service pension scheme exists or applies or may be made,

( i) any other body (other than a body specified or referred to in the Schedule ) that is wholly or partly funded directly or indirectly out of monies provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a pre-existing public service pension scheme exists or applies or may be made,

( j) any subsidiary of, or company controlled (within the meaning given by section 10 of the Taxes Consolidation Act 1997) by, a body to which paragraph (d), (e) or (h) relates and in respect of which a pre-existing public service pension scheme exists or applies or may be made,

and a reference to “public service” shall be read accordingly;

“qualifying office” has the same meaning as it has in section 13 (inserted by the Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1977 ) of the Ministerial and Parliamentary Offices Act 1938, that is to say—

( a) a ministerial office within the meaning of that section (as amended by the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973 ), or

( b) a secretarial office within the meaning of that section (as amended by the Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983 and the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 ),

and a reference to “qualifying office holder” shall be read accordingly;

“referable amounts”, in relation to each calendar year or part of a calendar year and without prejudice to section 18 , shall be read in accordance with section 19 , 20 , 21 , 22 , 23 , 24 , 25 or 26 as appropriate in the circumstances;

“registered medical practitioner” means—

( a) a person whose name is for the time being entered in the register of medical practitioners established under section 43 of the Medical Practitioners Act 2007, or

( b) in the case of a person ordinarily resident outside the State, a person who is entitled to practise medicine under the law of the place where the person so practises;

“relevant authority” means the Minister, or—

( a) such other Minister of the Government or such public service body as the Minister may prescribe under section 8 (1) (b) in relation to all or any part of the public service, or

( b) any body corporate as the Minister may prescribe under section 8 (1) (b) in relation to all or any part of the public service;

“relevant Minister”, in relation to a pre-existing public service pension scheme, means the Minister or Ministers of the Government responsible for the making or approval of, or the giving of consent to, such a scheme;

“retirement”, other than retirement under section 20 , 27 or 29 , means ceasing to hold a pensionable position in a public service body, having reached normal pension age or, for a person in receipt of or eligible to receive retirement benefits under section 26 , upon such person attaining either or both the age and maximum service limit (however expressed) at which he or she could retire or is required to be retired or discharged;

“Scheme” has the meaning given in section 9 ;

“Scheme member” has the meaning given in section 10 ;

“subsidiary” means a subsidiary within the meaning of the Companies Acts;

“Superannuation Acts” means—

( a) Superannuation Acts 1834 to 1963,

( b) Teachers’ Superannuation Acts 1928 and 1990,

( c) Defence Forces (Pensions) Acts 1932 to 2004,

( d) Courts of Justice and Court Officers (Superannuation) Act 1961,

( e) Pensions (Increase) Act 1964,

( f) Pensions (Abatement) Act 1965,

( g) Local Government (Superannuation) Act 1980,

( h) Superannuation and Pensions Act 1976, and

( i) Public Service Superannuation (Miscellaneous Provisions) Act 2004;

“survivor’s pension” has the meaning given in section 33 ;

“vesting period” means 24 months’ service as a Scheme member.

(2) A reference in this Act, however expressed, to foreign adoptions recognised by the State shall be read as a reference to—

( a) intercountry adoptions effected outside the State and recognised under the Adoption Act 2010, and

( b) any other adoptions recognised by the State which are not intercountry adoptions so recognised,

and section 156(2) of the Adoption Act 2010 in its application to this Act shall be read accordingly.

(3) For the purposes of this Act “cohabitant” has the meaning assigned in subsection (1) of section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and, in determining whether or not 2 persons are cohabitants, regard shall be had to the circumstances that a court has to have regard to under subsection (2) of that section.

Annotations:

Amendments:

F1

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 63, S.I. No. 211 of 2013.