Public Service Superannuation (Miscellaneous Provisions) Act 2004

Interpretation.

1

1.—(1) In this Act, except where the context otherwise requires:

F1 [ ‘Act of 2012’ means the Public Service Pensions (Single Scheme and Other Provisions) Act 2012; ]

“1980 Regulations” means the Civil Service Superannuation Regulations 1980 ( S.I. No. 188 of 1980);

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

“death benefit” means a superannuation benefit payable under a public service pension scheme on the death of the member;

“European Parliament”, in relation to membership, means membership in respect of a constituency within the State and includes, in respect of former membership, a former member of the European Assembly in respect of such a constituency;

“health board” means—

( a) a health board established under the Health Act 1970,

( b) the Eastern Regional Health Authority,

( c) an Area Health Board established under the Health (Eastern Regional Health Authority) Act 1999, or

( d) the Health Board Executive;

“Minister” means the Minister for Finance;

“new entrant” shall be read in accordance with section 2 ;

“preserved benefit” means, in the case of a public servant who leaves before reaching the age for receipt of a pension, a deferred superannuation benefit which is payable at a date later than the date of the public servant's date of leaving office;

“public servant” means—

( a) a person who is employed by a public service body,

( b) a member of the Permanent Defence Force,

( c) a member of either House of the Oireachtas or a member of the European Parliament,

( d) the holder of a qualifying office,

but, subject to section 2 (2) , does not include—

(i) the President,

(ii) a member of the judiciary,

(iii) the Master of the High Court,

(iv) a taxing master, or

(v) a county registrar;

“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) a health board,

F2 [ ( f ) an education and training board, ]

( g) a body, other than a body set out in Schedule 1

(i) established by or under any enactment (other than the Companies Acts 1963 to 2003), or

(ii) established under the Companies Acts 1963 to 2003 in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of moneys 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,

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

( h) any body, other than a body set out in Schedule 1, wholly or partly funded out of moneys provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a public service pension scheme exists or applies or may be made,

( i) any subsidiary of a body to which paragraph (d), (e) or (g) relates and in respect of which a public service pension scheme exists or applies or may be made,

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

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

( a) is provided for under the Superannuation Acts 1834 to 1963 or any other enactment to like effect, or

( b) is 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 is not a scheme or arrangement in respect of a body or category of bodies set out in Schedule 1;

“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 ;

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

F1 [ ‘relevant public servant’ means a public servant who is not any of the following:

( a ) a member of either House of the Oireachtas or a member of the European Parliament;

( b ) the holder of a qualifying office;

( c ) a new entrant;

( d ) a Scheme member;

( e ) a person to whom, if he or she were a Scheme member, section 13(4) or 26(1) of the Act of 2012 would apply;

( f ) a person who—

(i) before the coming into operation of section 3 of the Public Service Superannuation (Age of Retirement) Act 2018, retired from a public service body upon or after attaining the age of 65 years, and

(ii) on the coming into operation of that section, is employed by a public service body;

( g ) a person who is employed by the Central Bank of Ireland; ]

“retirement benefit” means a superannuation benefit which is payable on retirement or discharge;

F1 [ ‘Scheme member’ has the same meaning as it has in the Act of 2012. ]

“specified fire brigade employee” means a whole-time employee of a fire authority under the Fire Services Act 1981 whose duties include the attendance at fires and whose conditions of employment, as determined by a local authority under section 158(1)( b) of the Local Government Act 2001, require him or her to retire at 55 years of age;

“subsidiary” means a subsidiary within the meaning of the Companies Act 1963;

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement, discharge or death to or in respect of a member or former member of a public service pension scheme in accordance with the terms of the scheme.

(2) In this Act—

( a) a reference to a section or schedule is a reference to a section of, or schedule to, this Act, unless it is indicated that a reference to some other provision is intended,

( b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended.

(3) A reference to another enactment is to that enactment as amended or modified at any time by any enactment.

Annotations

Amendments:

F1

Inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), s. 2, commenced on enactment.

F2

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 46, S.I. No. 211 of 2013.

Modifications (not altering text):

C5

References to “Bord Gáis Éireann” and “The Irish Gas Board” construed (19.06.2014) by ESB (Electronic Communications Networks) Act 2014 (5/2014), s. 8(2), S.I. No. 286 of 2014.

Change of name of Bord Gáis Éireann to Ervia

8. ...

(2) References in any enactment, statutory instrument, legal proceedings or any other document to Bord Gáis Éireann or The Irish Gas Board shall, on and from the day appointed under subsection (1), be construed as references to Ervia.

C6

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 7 of 2004

Public Service Superannuation (Miscellaneous Provisions) Act 2004

The whole Act

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