Public Service Superannuation (Miscellaneous Provisions) Act 2004

SCHEDULE 2

PART I

Consequential Amendments to Act Relating to Sections 2(7) and 11(2)

Number and Year

Short Title

Amendment

No. 38 of 1938

Ministerial and Parliamentary Offices Act 1938

Section 13A (inserted by the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 ):

in subsection (7), to delete paragraph ( b) (inserted by the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 ) and insert the following:

“( b)  Subject to paragraph ( c), none of the following persons are entitled to a pension under this section—

(i)  a person who is receiving a severance allowance under Part V of this Act, or

(ii) a person who has not reached 65 years of age, other than—

(I)  a person who was a member of either House of the Oireachtas, or of the European Parliament (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ), prior to 1 April 2004,

(II) a person who held the office of Attorney General prior to 1 April 2004, or

(III) a person who has held the office of Taoiseach,

in which cases the reference to 65 years in this paragraph shall be taken to be a reference to 50 years.”.

Section 13AA (inserted by the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 ):

to delete subsection (11) and insert the following:

“(11) Except as provided by subsection (12), none of the following persons are entitled to a pension under this section—

( a) a person who is receiving a severance allowance under Part V of this Act, or

( b) a person who has not reached 65 years of age, other than—

(i)  a person who was a member of either House of the Oireachtas, or of the European Parliament (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ), prior to 1 April 2004,

(ii) a person who held the office of Attorney General prior to 1 April 2004, or

(iii) a person who has held the office of Taoiseach,

in which cases the reference to 65 years in this subsection shall be taken to be a reference to 50 years.”.

PART 2

Consequential Amendments to Acts Relating to Sections 3 and 10

Section 3 and 10.

Chapter and Regnal Year or Number and Year

Short Title

Amendment

22 Vict., c. 26

Superannuation Act 1859

Section 10 (as amended by the 1980 Regulations):

in subsection (1), to delete “who shall be under Sixty Years” and insert “who shall be under 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, under 65 years of age”.

Section 11:

to delete “attained the Age of Sixty Years” and substitute “attained the age of 60 years or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years”.

50 & 51 Vict., c. 67

Superannuation Act 1887

Section 3 (as amended by the 1980 Regulations):

in subsection (5) to delete “before attaining sixty years of age” and insert “before attaining 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”;

in subsection (7):

( a)  to delete “he attains sixty years of age” and insert “that person attains 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”, and

( b)  in paragraph ( a), to delete “sixtieth birthday” and insert “60th birthday or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65th birthday”;

in subsection (13), in the definition of “the annual salary and emoluments of his office on his last day of reckonable service”, to delete “attained sixty years of age” and insert “attained 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”.

9 Edw. 7, c.10

Superannuation Act 1909

Section 1:

in the proviso to subsection (2) after “that age” to insert “but this proviso shall not apply in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies”.

Section 2:

in the proviso to subsection (1) after “that age” to insert “but this proviso shall not apply in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies”.

Section 6 (as amended by the 1980 Regulations):

in subsection (1)—

( a)  in paragraph ( a) to delete “having attained sixty years of age” and insert “having attained 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”,

( b)  in paragraph ( b)(II) to delete “attains sixty years of age” and insert “attains 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”,

( c)  in paragraph ( b) to delete “attaining sixty years of age” and substitute “attaining the said 60 or 65 years of age, as the case may be,”,

( d)  in paragraph ( c) to delete “attains sixty years of age” and insert “attains 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age” in both places where it occurs,

( e)  in paragraph ( c)(iv)(I) to delete “had attained sixty years of age” and insert “had attained 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”,

( f)  in paragraph ( d) to delete “attains sixty years of age” and insert “attains 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”,

( g)  in paragraph ( e) to delete “attains sixty years of age” and insert “attains 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age” in both places where it occurs.

4 & 5 Geo. 5, c.86

Superannuation Act 1914

Section 4 (as amended by the 1980 Regulations):

in subsection (1) to delete “attained sixty years of age” and insert “attained 60 years of age or, in the case of a person to whom section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies, 65 years of age”.

No. 46 of 1956

Civil Service Regulation Act 1956

Section 8:

to insert the following subsection after subsection (5):

“(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.”.

No. 16 of 1964

Registration of Title Act 1964

Section 9:

in subsection (7) after “seventy years” to insert “: but where the Registrar of Titles is a new entrant (within the meaning of the Public Service Superan- nuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then the requirement to retire on grounds of age shall not apply”.

No. 1 of 1970

Health Act 1970

Section 19:

to substitute the following for section 19:

“Age limits.

19.—A person who is a per-limits. manent officer of a health board shall cease to be a permanent officer on attaining the age of 65 years, or where a higher age is fixed by order of the Minister, on the person attaining that age: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, the requirement to cease to be a permanent officer on grounds of age shall not apply.”.

No. 4 of 1978

Medical Practitioners Act 1978

Section 18:

to substitute the following for subsection (1):

“(1) A person who is a permanent officer of the Council shall cease to be a permanent officer on attaining the age of 65 years, or where a higher age is fixed by order of the Minister, on the person attaining that age: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, the requirement to cease to be a permanent officer on grounds of age shall not apply.”.

No. 26 of 1980

Ombudsman Act 1980

Section 2:

in subsection (3)( c) after “67 years” to insert “: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply”;

in subsection (7) after “Ombudsman” to insert “: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, then this subsection shall not apply”.

No. 9 of 1985

Dentists Act 1985

Section 18:

to substitute the following for subsection (1):

“(1) A person who is a permanent officer of the Council shall cease to be a permanent officer on attaining the age of 65 years, or where a higher age is fixed by order of the Minister, on the person attaining that age: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, the requirement to cease to be a permanent officer on grounds of age shall not apply.”.

No. 18 of 1985

Nurses Act 1985

Section 18:

to substitute the following for section 18:

“Age limits, etc.

18.—A person who is a per-limits, etc. manent officer of the Board shall cease to be a permanent officer on attaining the age of 65 years: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, the requirement to cease to be a permanent officer on grounds of age shall not apply.”.

No. 25 of 1988

Data Protection Act 1988

Second Schedule:

in paragraph 2(2)( c) after “65 years” to insert “: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply.”.

No. 25 of 1990

Pensions Act 1990

Section 129 (inserted by the Pensions (Amendment) Act 2002 ):

in subsection (4) after “67 years” to insert “: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply”.

No. 7 of 1992

Environmental Protection Agency Act 1992

Section 21:

in subsection (14)( b) after “sixty-five years” to insert “: but where the Director General is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, then the requirement to vacate office on the grounds of age shall not apply”.

Section 24:

in subsection (10)( b) after “sixty-five years” to insert “: but where the director is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply”.

No. 8 of 1993

Comptroller and Auditor General (Amendment) Act 1993

Section 15:

in subsection (2) to substitute the following for paragraph ( a):

“( a)  he has reached the age of 60 years or, where section 10 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies to such person, 65 years, or”;

in subsection (6) after “65 years” to insert “: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply”.

No. 13 of 1997

Freedom of Information Act 1997

Second Schedule:

in paragraph 2( c) after “67 years” to insert “: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply”.

No. 13 of 1999

Health (Eastern Regional Health Authority) Act 1999

Section 21:

in subsection (11) to insert the following for paragraph ( b):

“( b)  A person who is a member of the staff of the Executive serving in a permanent capacity shall cease to be such a member on attaining the age of 65 years: but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, the requirement to cease to be such a member on grounds of age shall not apply”.

No. 14 of 1999

National Disability Authority Act 1999

Section 25:

in subsection (5)( a) after “whichever is the shorter” to insert “: but where the Director is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, then the requirement to cease holding office, on grounds of age, shall not apply”.

No. 30 of 2000

Planning and Development Act 2000

Section 105:

in subsection (13)( b) after “65 years” to insert “: but where the chairperson is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply”.

Section 106:

in subsection (13)( b) after “65 years” to insert “: but where the ordinary member is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply”.

No. 22 of 2002

Ombudsman for Children Act 2002

Section 4:

in subsection (3)( c) after “67 years” to insert “: but where he or she is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004, then the requirement to vacate office on the grounds of age shall not apply”.

No. 32 of 2003

Official Languages Act 2003

Second Schedule:

in paragraph 2( c) of the Irish text after “ar 67 mbliana d'aois a shlánú” to insert “: ach i gcás gur iontrálaí nua é nóí, de réir bhrí an Achta um Aoisliúntas na Seirbhíse Poiblí (Forálacha Ilghnéitheacha) 2004 , ansin ní bheidh feidhm ag an gceanglas maidir le héirí as oifig ar fhoras aoise”;

in paragraph 2( c) of the English text after “attaining the age of 67 years” to insert “: but where he or she is a new entrant, within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 , then the requirement to vacate office on grounds of age shall not apply”.

F13 [ PART 3

Section 3A

Consequential Amendments to Acts relating to section 3A

Number and Year

Short Title

Amendment

No. 46 of 1956

Civil Service Regulation Act 1956

Section 8 is amended by

(a) the substitution of the following paragraph for paragraph (b) of subsection (1):

(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. ,

(b) the deletion of subsection (2), and

(c) the deletion of subsection (4).

No. 26 of 1980

Ombudsman Act 1980

Section 2 is amended by

(a) the substitution of the following paragraph for paragraph (c) of subsection (3):

(c) shall in any case vacate the office on attaining the age of 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 but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply. ,

and

(b) the deletion of subsection (7).

No. 9 of 1985

Dentists Act 1985

Section 18 is amended by

(a) the substitution of the following subsection for subsection (1):

(1) A person who is a permanent officer of the Council shall cease to be a permanent officer on attaining the age of 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 but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to cease holding office on grounds of age shall not apply. ,

and

(b) the deletion of subsection (2).

No. 7 of 1992

Environmental Protection Agency Act 1992

Section 21 is amended by the substitution of the following paragraph for paragraph (b) of subsection (14):

(b) The Director General shall vacate the office of Director General on attaining the age of 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 but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply. .

Section 24 is amended by the substitution of the following paragraph for paragraph (b) of subsection (10):

(b) A director shall vacate his office of director on attaining the age of 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 but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply. .

No. 8 of 1993

Comptroller and Auditor General (Amendment) Act 1993

Section 15 is amended in subsection (6) by the substitution of the following paragraph for paragraph (a):

(a) The age of retirement of a person appointed to the office of Comptroller and Auditor General after 1 October 1993 shall be 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 but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply. .

No. 14 of 1999

National Disability Authority Act 1999

Section 25 is amended in subsection (5) by the substitution of the following paragraph for paragraph (a):

(a) The Director shall, unless he or she earlier dies, resigns or retires at any stage after attaining the earliest age to retire in accordance with a scheme under section 28 or is earlier removed from office, hold office

(i) for a period not exceeding 7 years, or

(ii) for the period from the date of the appointment to the date on which he or she attains the age of 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,

whichever is the shorter but, where the Director is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to cease holding office on grounds of age shall not apply. .

No. 30 of 2000

Planning and Development Act 2000

Section 105 is amended by the substitution of the following paragraph for paragraph (b) of subsection (13):

(b) The chairperson shall vacate the office of chairperson on attaining the age of 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 but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply. .

Section 106 is amended by the substitution of the following paragraph for paragraph (b) of subsection (13):

(b) A person shall vacate the office of ordinary member on attaining the age of 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 but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply. .

No. 37 of 2001

Local Government Act 2001

Section 147 is amended in subsection (1)

(a) in paragraph (b) by the substitution of the age of 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 for such age as the Minister specifies by order , and

(b) by the insertion of but, where the person is a new entrant (within the meaning of the aforementioned Act) appointed on or after 1 April 2004, the requirement to cease to hold the employment on grounds of age shall not apply after ceases to hold the employment .

Section 158 is amended by the deletion of paragraph (c) of subsection (1).

No. 22 of 2002

Ombudsman for Children Act 2002

Section 4 is amended in subsection (3) by the substitution of the following paragraph for paragraph (c):

(c) shall in any case vacate the office on attaining the age of 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 but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply. .

No. 32 of 2003

Official Languages Act 2003

The Second Schedule is amended in paragraph 2

(a) in the Irish text by the substitution of the following subparagraph for subparagraph (c):

(c) é ireoidh s é n ó s í as oifig ar chaoi ar bith ar 70 bliain d aois a shl á n ú n ó , i gc á s go bhforord ó far aois is airde n á sin le hord ú faoi alt 3A(2) den Acht um Aoisli ú ntas na Seirbh í se Poibl í (For á lacha Ilghn é itheacha), 2004 chun cr í ocha an Achta sin, ar an aois sin a shl á n ú ach, i gc á s gurb iontr á la í nua an duine (de r é ir bhr í an Achta sin) arna cheapadh n ó arna ceapadh an 1 Aibre á n 2004 n ó d á é is, n í bheidh feidhm ag an gceanglas maidir le h é ir í as oifig ar fhoras aoise. ,

and

(b) in the English text by the substitution of the following subparagraph for subparagraph (c):

(c) shall in any case vacate the office on attaining the age of 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 but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply. .

No. 25 of 2007

Medical Practitioners Act 2007

Section 26 is amended by

(a) the substitution of the following subsection for subsection (1):

(1) Subject to subsection (2), a person who is a permanent officer of the Council shall cease to be a permanent officer on attaining the age of 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. ,

and

(b) the deletion of subsection (3).

No. 41 of 2011

Nurses and Midwives Act 2011

Section 30 is amended by

(a) the substitution of the following subsection for subsection (1):

(1) Subject to subsection (2), an employee of the Board (including the chief executive officer) shall cease to be an employee on attaining the age of 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. ,

and

(b) the deletion of subsection (3).

No. 30 of 2014

Freedom of Information Act 2014

Schedule 2 is amended in paragraph 2 by the substitution of the following subparagraph for subparagraph (c):

(c) shall in any case vacate the office on attaining the age of 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 but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply. .

No. 7 of 2018

Data Protection Act 2018

Section 15(10) is amended by the substitution of the following paragraph for paragraph (d):

(d) cease to be a Commissioner on attaining the age of 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 but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to cease to be a Commissioner on grounds of age shall not apply. . ]

Annotations:

Amendments:

F13

Inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), s. 7 and sch., commenced on enactment.