Water Services Act 2014

9.

Superannuation

9. (1) Section 28 of the No. 2 Act of 2013 is amended—

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

“(1A) A scheme prepared under subsection (1) shall have effect, with respect to the pensionable service of a person mentioned in that subsection, on and from the day the person was accepted into the employment of Irish Water in accordance with section 19 or was appointed under section 27, as the case may be.”,

(b) in subsection (1)(b), by substituting for subparagraph (ii) the following:

“(ii) members of the staff of a local authority or the Local Government Management Agency (unless their contracts of employment provide for a defined contribution scheme).”,

and

(c) in subsection (7) by substituting for paragraphs (b) and (c) the following:

“(b) Irish Water shall not have any financial liability or responsibility in respect of any scheme made by the Minister under subsection (4) of section 9 of the Water Services Act 2014 for the granting of superannuation benefits in respect of service with the Minister or a local authority or the Local Government Management Agency, as the case may be, before the day the person is accepted under section 19 or appointed under section 27 into the employment or service of Irish Water, except as provided for in paragraph (c).

(c) Any increases in superannuation benefits payable under a scheme under this section which arise due to Irish Water increasing relevant pensionable remuneration or net pensionable remuneration shall be the responsibility of Irish Water.”.

(2) Section 29(2) of the No. 2 Act of 2013 is amended by inserting “or the Local Government Management Agency” after “local authority” in both places it occurs.

(3) Section 28 of the No. 2 Act of 2013 is amended by inserting after subsection (9) the following:

“(10) For the purposes of this section, an appointment under section 27 includes an appointment by Ervia prior to the formation and registration of Irish Water under the Companies Acts of persons who were members of the staff of a local authority immediately before such appointment and commenced employment with Irish Water immediately on ceasing employment with Ervia.”.

(4) Where a person—

(a) is accepted into the employment of Irish Water in accordance with section 19 of the No. 2 Act of 2013, or

(b) is appointed under section 27 of that Act, and, immediately before the appointment, was an officer of the Minister or a member of staff of a local authority,

the Minister shall, with the consent of the Minister for Public Expenditure and Reform, make a scheme for the granting of superannuation benefits (within the meaning of section 24 of the No. 2 Act of 2013) in respect of service with the Minister or the local authority concerned, as the case may be, before the day the person is accepted or appointed into the employment or service of Irish Water.

(5) Irish Water does not have any financial liability or responsibility in respect of a scheme prepared by the Minister under subsection (4).

(6) The Minister shall cause every scheme made under subsection (4) to be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House, within the next 21 days on which that House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.

(7) Subsection (5) of section 27 of the No. 2 Act of 2013 is repealed.

(8) Section 4(2) of the No. 2 Act of 2013 is amended by deleting “, 18A (inserted by section 47 of the Gas Regulation Act 2013)”.

(9) A reference in section 18 of the Gas Act 1976 to an officer or servant of the Board includes a reference to a member of the staff of Irish Water who was a member of a scheme under that section immediately before being accepted into the employment of Irish Water.

Annotations:

Editorial Notes:

E15

Power pursuant to subs. (4) exercised (5.02.2016 with retrospective effect to 1.01.2014) by Irish Water (Previous Service) Superannuation Scheme 2016 (S.I. No. 57 of 2016).