IE
S.I. No. 588/2010 - National Milk Agency Staff Superannuation Scheme 2010.
Table of Provisions (20)
Statutory Text (20 Articles)
1. SHORT TITLE
This Scheme may be cited as the National Milk Agency Staff Superannuation Scheme 2010.
2. COMMENCEMENT
The Scheme will commence with effect from the 30th day of December 1994, which shall be known as the date of commencement.
3. 22 “years” means a figure determined by the formula A + B/365 where A is the number of completed years in the period in question and B is any number of days additional to a completed year or a number of completed years in that period, and “year” shall be construed accordingly;
4. 5 A member who is not a new entrant may not continue in membership after he or she has attained the age of 65.
5. 7
Pensionable remuneration
“Pensionable remuneration” means the aggregate of retiring salary and pensionable allowances.
6. 2(
a
) A member who has completed the ill-health vesting period and who retires, or is retired, on medical grounds in accordance with the conditions laid down in paragraph 8.1 of this scheme, may, at the discretion of the Agency, have a period of notional service (to be referred to as “
ill-health notional service
”) added to his or her pensionable service, provided that the aggregate of pensionable service and ill-health notional service does not exceed 40 years.
(
b
) The ill-health notional service shall be calculated on the following basis
(i) members whose actual pensionable service is between 5 and 10 years will be allowed an equivalent amount of ill-health notional service, such amount of notional service not to exceed the amount by which the pensionable service he or she would have had if he or she served to age 65 exceeds his or her pensionable service at retirement or, if earlier, to the date on which his or her contract of employment would expire;
(ii) members whose actual pensionable service is between 10 and 20 years will be allowed the more favourable of
(I) an amount of service equal to the period by which 20 years exceeds the said actual pensionable service, the added service not to exceed the amount by which the pensionable service he or she would have had if he or she served to age 65 exceeds his or her actual pensionable service at retirement, or, if earlier, to the date on which his or her contract of employment would expire, or
(II) 6 years and 243 days, the ill-health notional service not to exceed the amount by which the actual pensionable service he or she would have had if he or she had served to age 60 exceeds his or her actual pensionable service at retirement or, if earlier, to the date on which his or her contract of employment would expire;
(iii) members with more than 20 years of actual pensionable service at retirement will be allowed to add whichever is the lesser of
(A) 6 years and 243 days, or
(B) the amount by which the pensionable service he or she would have had if he or she had served to age 60 exceeds his or her pensionable service at retirement or, if earlier, to the date on which his or her contract of employment would expire.
7. 6
Return of contributions
In the case of a member who has completed less than two years actual pensionable service
(i) whose membership ceases otherwise than on medical grounds or death, and
(ii) who does not transfer his or her pensionable service under this scheme to another organisation in accordance with arrangements approved by the Minister for Finance and/or the Minister for the Environment, Heritage and Local Government
his or her contributions shall be returned to him or her less an amount equal to any income tax liability deducted by the Agency in respect of such contributions.
8. 2Where any or all of the above conditions are not met, subparagraphs 7.3 or 7.4 shall, as appropriate, apply in lieu of benefit under subparagraph 7.1 and/or 7.2.
9. PAYMENT OF PENSION OR PRESERVED PENSION
Save as is otherwise provided in the scheme, pensions and preserved pensions payable under this Scheme shall be paid monthly or as otherwise decided by the Agency in arrears and shall continue throughout the life of the member.
10. PENSIONS INCREASES
The Agency may grant such increases in such pensions and preserved pensions under this Scheme as may be authorised from time to time by the Minister with the consent of the Minister for Finance.
11. 3Where a member is in receipt of a reduced rate of pay because of absence from employment, the contributions in respect of that period will be calculated by reference to the rate of pay that would be payable to him or her if he or she were not so absent.
12. 5 If a member was awarded a pension and lump sum on retirement in accordance with the terms of Department of Finance Circular 12/09 no more of the pension shall be paid for any period of membership of this Scheme than so much as, with the remuneration payable during membership, equals the pay which the person would have received in respect of the period of membership if during it he or she
(
a
) held the position in which he or she served on the last day of his or her pensionable service, but
(
b
) was remunerated at the rate of pay of which he or she was in receipt on that date (including the money value of apartments, rations or other perquisites in kind), subject, however, in case changes have taken place, (or, if the position has ceased to exist would have taken place if it had not ceased to exist), in that rate to treating that rate as being varied by taking account of so much of those changes as may be specified by the Agency.
13. CESSER OR REDUCTION OF BENEFIT
Where a member is dismissed or resigns or otherwise ceases to hold employment and has been guilty of misconduct involving a financial loss to the Agency or the State, the Agency may, at its discretion, refuse or reduce any award which might otherwise be payable under paragraph 7 of this Scheme (including a refund of contributions under subparagraph 7.6) in order to make good such a loss. The Agency may, at its discretion, reduce or cease paying a pension awarded under this Scheme if the pensioner has been guilty of misconduct involving a financial loss to the Agency or the State, in order to make good such a loss.
14. 2
Proof of age
A member must submit evidence of his or her date of birth on entry into the Scheme or before any payment of benefit can be made.
15. ASSIGNMENTS
A pension or preserved pension under this Scheme may not be assigned or charged. If the pensioner becomes incapable of giving a receipt for payments due, the Agency shall have discretion to make such payments in whole or in part to such persons, including the authorities of any institution having care of the pensioner, as the Agency thinks fit, and the Agency shall be discharged from all liability in respect of any sum so paid.
16. 2 Where a member’s employment with the Agency ceases (whether on retirement, death or otherwise), benefit under this Scheme shall be reduced by reference to any sum, other than one to which the prior approval of the Minister for Finance had been obtained, which is payable to or in respect of him or her on such cesser, other than under this Scheme, by the Agency, or under any arrangement (whether by way of insurance or otherwise) to which the Agency has contributed.
17. 2 Where under the Local Government Superannuation Code, superannuation contributions are returned by a Local Authority to a former member of this scheme, and the amount includes a sum in respect of contributions paid under this scheme, the Agency shall, in the absence of a Knock-for-Knock Agreement under the Local Government Superannuation Code, recoup such sum to the local authority.
18. APPEALS
If a member or former member is aggrieved by the failure or refusal of the Agency to make an award under this Scheme or by the amount of any award (including the award of pension increases) made, he or she may appeal to the Minister who shall refer the dispute to the Minister for Finance who shall, within three months of the dispute being referred to him or her, issue a determination in accordance with Article 5.1 of the Pensions Ombudsman regulations 2003 (
S.I. No. 397 of 2003
).
19. TERMINATION OR AMENDMENT OF SCHEME
The Agency reserves the right to amend or terminate the Scheme at any time, subject to the approval of the Minister and the concurrence of the Minister for Finance and subject to giving three months’ notice of impending changes to members of the Scheme. Benefits secured for a member or former member prior to the date of amendment or termination will not be affected.
GIVEN under the seal of the National Milk Agency,
30 November 2010.
DENIS MURPHY,
Chairperson.
The Minister for Agriculture, Fisheries and Food hereby approves of the above Scheme.
30 November 2010.
BRENDAN SMITH,
Minister for Agriculture, Fisheries and Food.
The Minister for Finance hereby consents to the above Scheme.
30 November 2010.
BRIAN LENIHAN,
Minister for Finance.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This scheme may be cited as the National Milk Agency Staff Superannuation Scheme 2010. It provides for superannuation benefits for scheme members in accordance with paragraph 14 of the Schedule to the
Milk (Regulation of Supply) Act 1994
.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
10
th December
, 2010.
I, BRENDAN SMITH, Minister for Agriculture, Fisheries and Food, in accordance with Paragraph 14 of the Schedule to the
Milk (Regulation of Supply) Act 1994
(No. 25 of 1994) and with the consent of the Minister for Finance, hereby approve of the National Milk Agency Staff Superannuation Scheme as set out herewith.