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

66.

Amendment of section 6 of Act of 1991.

66.— Section 6 of the Act of 1991 is amended—

( a) in subsection (1), by substituting the following paragraphs for paragraphs ( a) and ( b):

“( a) to or in respect of a judge, including a judge of the District Court, otherwise than on his or her having reached the appropriate age or upon his or her death, and

( b) to or in respect of a person holding the office of Master of the High Court, Taxing Master or county registrar otherwise than on his or her having reached the appropriate age or upon his or her death.”,

( b) by inserting the following subsection after subsection (1):

“(1A) Notwithstanding the provisions of subsection (1) of this section as to age or lapse of time, regulations under section 5 of this Act providing for the grant of a pension mentioned in subsection (1)( a) or (1)( b) of that section to or in respect of a judge, including a judge of the District Court, or the Master of the High Court or Taxing Master may provide for the grant of such a pension to or in respect of such a judge or such officer who vacates or ceases to hold office having reached the specified age but before reaching the appropriate age, provided that the pension payable in such circumstances is actuarially reduced by reference to—

( a) the age of such a judge or such officer on the date of such vacation of office or ceasing to hold office, as the case may be, and

( b) the appropriate age of such a judge or such officer, as the case may be,

in accordance with actuarial tables approved and issued from time to time by the Minister.”,

and

( c) by adding the following subsection after subsection (5):

“(6) In this section—

‘appropriate age’ means—

( a) in relation to a judge of the Supreme Court, the High Court or the Circuit Court—

(i) 70 years of age, or

(ii) the earliest age (being not less than 65 years of age) at which 15 years have elapsed since—

(I) the date of his or her appointment to the office which he or she vacated, or

(II) the date of his or her appointment to the first office in which he or she served (where his or her service consists of service in more than one office),

whichever age is reached first,

( b) in relation to a judge of the District Court, 65 years of age, and

( c) in relation to a holder of the office of Master of the High Court, Taxing Master or county registrar, 65 years of age;

‘pension’ includes gratuity upon death;

‘specified age’ means—

( a) in relation to a judge, including a judge of the District Court, 60 years of age, and

( b) in relation to a holder of the office of Master of the High Court or Taxing Master, 60 years of age.”.