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

8.

Regulations ( Part 2).

8.— (1) The Minister may make regulations—

( a) for any purpose in relation to which regulations are provided for in this Part,

( b) prescribing—

(i) any other Minister of the Government or a public service body, or

(ii) any body corporate,

to be a relevant authority for the purposes of this Act in relation to all or any part of the public service,

( c) prescribing a position in a public service body for the purposes of it being a designated office in respect of a designated office holder,

( d) providing for any matter or thing referred to in this Part as prescribed or to be prescribed,

( e) providing for appeals by a Scheme member or former Scheme member, or by any other person who is or claims to be a beneficiary under the Scheme, who is aggrieved by—

(i) the failure or refusal of the relevant authority concerned to pay to him or her some or all of any benefit under the Scheme to which he or she alleges an entitlement,

(ii) the amount of any benefit paid or payable to him or her, or

(iii) any act or omission by a relevant authority which it is alleged affects any benefit to which subparagraph (i) or (ii) relates or may affect any entitlement to such a benefit at a future date,

and

( f) generally for the purposes of this Part or for the purpose of enabling any provision of this Part to have full effect.

(2) Without prejudice to the generality of subsection (1) , regulations under that subsection may provide for any of the following:

( a) a review of the Scheme;

( b) matters supplementary to appeals including—

(i) the manner and form in which notices and notifications relevant to an appeal are to be made,

(ii) particulars to be supplied by an appellant,

(iii) the person or class of persons by whom the determination of appeals, or any class of appeals, is to be made, and

(iv) time limits within which appeals are to be made, supplementary information or documents are to be submitted or appeals are to be determined and circumstances when those time limits may be extended;

( c) enhanced terms in cases of retirement or discharge on medical grounds;

( d) enhanced terms in the case of death in service;

( e) where a Scheme member is or has been in receipt of benefits under Part 2 (which relates to social insurance) of the Social Welfare Consolidation Act 2005 in respect of periods relating to one or more of the following:

(i) incapacity for work;

(ii) maternity;

(iii) health and safety;

(iv) adoption;

(v) occupational injuries;

the inclusion of certain money amounts as referable amounts for the purpose of the calculation of benefits sections that would, in the opinion of the Minister, be appropriate having regard to some or all of any shortfall in pensionable remuneration of the member during the period of receipt of such benefit by him or her under the Social Welfare Consolidation Act 2005;

( f) the inclusion of certain money amounts as referable amounts for the purposes of the calculation of benefits sections, including but not limited to transfer arrangements.

(3) Where a provision of this Part requires or authorises the Minister to make regulations, such regulations—

( a) may make different provision for different circumstances or cases, classes or types, and

( b) may contain such incidental, consequential or supplemental provisions,

as the Minister considers necessary or expedient for the purposes of this Part.

(4) Every regulation made under this Part shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations:

Editorial Notes:

E6

Power pursuant to subs. (1)(b) exercised (1.01.2013) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (Relevant Authorities) Regulations 2012 (S.I. No. 581 of 2012), in effect as per reg. 1(2).

E7

Power pursuant to subs. (2)(c) exercised (1.01.2013, deemed) by Single Public Service Pension Scheme (Retirement on Medical Grounds) Regulations 2017 (S.I. No. 15 of 2017), in effect as per reg. 1(2).

E8

Power pursuant to subs. (2)(f) exercised (1.01.2013, deemed) by Single Public Service Pension Scheme (Accrual of Referable Amounts while on Sick Leave) Regulations 2017 (S.I. No. 16 of 2017), in effect as per reg. 1(2).