Civil Service Regulation Act 1956

Retiring age for civil servants.

8

8.—(1) In this section, “the retiring age” means—

(a) in relation to a civil servant who is an officer to whom the Act of 1919 applies, sixty years F20[or, where a higher age is specified by regulations under subsection (1A), that age],

F21[(b) in relation to any other civil servant, 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age.]

F20[(1A) The Minister for Justice may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make regulations relating to the retirement of officers to whom the Act of 1919 applies, including specifying a retirement age of such officers, being an age that is higher than 60 years and not exceeding the normal retirement age (within the meaning of section 13(1) of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012).

(1B) Every regulation made by the Minister for Justice under subsection (1A) shall be laid 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.]

(2) F22[]

(3) Every civil servant shall retire on attaining the retiring age.

(4) F22[]

(5) Subsections (1), (2), (3) and (4) of this section do not apply to—

(a) the Master of the High Court, or

(b) a Taxing Master, or

(c) a County Registrar, or

(d) the Registrar of Titles, or

(e) the Registrar of Deeds, if appointed to that Office by the Government under section 7 of the Registration of Title Act, 1942 (No. 26 of 1942), or

(f) a civil servant to whom subsection (5) of section 63 of the Court Officers Act, 1926 (No. 27 of 1926), applies.

F23[(5A) Subsections (3) and (4) of this section do not apply to a civil servant (other than an officer to whom the Act of 1919 applies) who is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004.]

(6) Nothing in this section shall be construed as affecting section 10 of the Act of 1859 or the said section 10 as applied by subsection (1) of section 1 of the Act of 1919.

Annotations

Amendments:

F20

Inserted (8.08.2024) by Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), s. 28(a), (b), S.I. No. 400 of 2024.

F21

Substituted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (39/2018), s. 3A(4) and sch. 2 part 3, as substituted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment.

F22

Deleted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (39/2018), s. 3A(4) and sch. 2 part 3, as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment.

F23

Inserted (25.03.2004) by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3(2) and sch. 2 part 2, commenced on enactment.

Editorial Notes:

E60

Power pursuant to subs. (1A) exercised (19.08.2024) by Civil Service Regulation Act 1956 (Retirement of Prison Officers) Regulations 2024 (S.I. No. 405 of 2024), art. 3, in effect as per art. 2.