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S.I. No. 181/2014 - Human Rights Commission Spouses', Civil Partners' and Childrens Contributory Pension Scheme 2014.
Table of Provisions (24)
Statutory Text (24 Articles)
1. SHORT TITLE
This Scheme may be cited as the Human Rights Commission Spouses’, Civil Partners’ and Childrens Contributory Pension Scheme 2014.
2. COMMENCEMENT
The scheme shall be deemed to have commenced with effect from 25 July 2001 which shall be known as the date of commencement.
3. 36 “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. MEMBERSHIP AND APPLICATION OF SCHEME
All members of the Main Scheme shall be members of this Scheme (unless otherwise approved by the Minister).
5. POWER TO GRANT PENSIONS
Subject to the provisions of this Scheme, the Human Rights Commission may, on the death of a contributing or former member (in this Scheme referred to as "the deceased") to whom or in respect of whom a pension or death gratuity, or preserved pension or preserved death gratuity has been, or is awarded, grant in respect of his or her service—
(
a
) where he or she leaves a spouse or civil partner, a pension to that spouse or civil partner (hereafter in this Scheme referred to as a "partner’s pension"), and
(
b
) where he or she leaves a child or children (whether or not a partner’s pension is, or may be, granted) a pension for such child or children (in this Scheme referred to as a "childrens pension").
6. 5 Notwithstanding paragraph 6.4, where on the death of a contributing or former member, other than a former member who qualifies for a preserved pension, a partner’s pension becomes payable to his or her spouse or civil partner, the rate of that pension may, in respect of the first month after his or her death, be increased to—
(
a
) in case he or she dies while a contributing member, one twelfth of his or her pensionable remuneration,
(
b
) in case he or she dies after being granted a pension,
(i) in relation to a member who is not fully insured, where the rate of pension payable to him or her on the date of his or her death is greater than the rate of partner’s pension otherwise payable under the Scheme, one twelfth of the said rate of pension,
(ii) in relation to a Pre-1995 fully insured member, where the rate of pension payable to him or her on the date of his or her death is greater than the rate of partner’s pension otherwise payable under the Scheme, one twelfth of the said rate of pension,
(iii) in relation to a Post-1995 fully insured member who is fully insured, where the rate of pension payable to him or her on the date of his or her death, if it had been calculated on the basis of net pensionable remuneration (Spouses’, Civil Partners’ and Childrens Scheme) instead of net pensionable remuneration (Main Scheme), is greater than the rate of partner’s pension otherwise payable under this Scheme, one twelfth of the said rate of pension.
provided that the rate as so increased shall be reduced by the rate of any childrens pensions payable under this Scheme, and provided also that the amount payable to the spouse or civil partner under this Scheme in respect of the period of one month commencing on the day immediately following that of the deceaseds death may be paid at any time on or after the first day of the said period.
7. 4 Where there would, apart from paragraph 7.3, be eligibility for childrens pension in respect of two or more members, the child will count as eligible in respect of one of them in the way which in the opinion of the Human Rights Commission, gives the most favourable overall result for the child in question.
8. 6 Notwithstanding the foregoing provisions of this paragraph, where the deceased leaves a spouse or civil partner and no partner’s pension is granted to him or her under this Scheme, or, if one is so granted to him or her and it ceases to be paid before his or her death, no childrens pension shall be payable under this Scheme as respects any period comprised within the lifetime of the spouse or civil partner or within the time in respect of which no partner’s pension is payable, as may be appropriate, unless the Human Rights Commission in its absolute discretion directs that such a pension shall be so payable, and in case the Human Rights Commission gives a direction under this paragraph it may, if it thinks fit, further direct that paragraph 8.5 shall apply as respects any such period.
9. PAYMENT OF PENSION
Pensions payable under this Scheme shall be paid fortnightly in arrears except that where paragraph 6.5 applies in respect of a deceased member, the Human Rights Commission may decide that the amount of pension in respect of the month in question may be paid before the expiry of that month.
10. 4 Contributions payable under this paragraph are in this Scheme referred to as "periodic contributions".
11. 6 Where periodic contributions are returned in accordance with this article to a person who subsequently becomes a member of this Scheme, he or she shall refund to the Human Rights Commission the amount of the periodic contributions so returned to him or her, together with compound interest on that amount at such rate per annum as may be specified by the Human Rights Commission with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform with half-yearly rests from the date of payment to him or her.
12. 2 Where a person, on becoming a contributing member of this Scheme, had at any time previously been a member of this Scheme, had paid periodic contributions during such period of membership and does not opt, under the provisions of Article 7 of the Main Scheme to retain entitlement to preserved benefits in respect of the earlier period of membership, the period in respect of which he or she paid such periodic contributions shall be excluded in determining the number of relevant years under paragraph 13(7) provided—
(
a
) no refund of those contributions is, or was, paid, or
(
b
) paragraph 11.6 applies.
13 NON-PERIODIC CONTRIBUTIONS
13. 10 Pensionable service in excess of 40 years shall be left out of account for the purposes of this Article.
14. MARRIAGE OR CIVIL PARTNERSHIP OF MEMBERS WHOSE EARLY DEATH IS TO BE FORESEEN
Where a member or a former member marries or enters into a civil partnership and—
(
a
) he or she dies within the year beginning on the date of the marriage or civil partnership and
(
b
) in the case of a marriage, there are no children born of the marriage, and
(
c
) the Human Rights Commission is of the opinion that his or her death within the year beginning with the date of the marriage or civil partnership was, at that date, to be foreseen by him or her or his or her spouse or civil partner,
for the purposes of this Scheme the marriage or civil partnership may be regarded by the Human Rights Commission as not having taken place, and in case the marriage or civil partnership is so regarded all necessary adjustments (including, if need be, repayment to the Human Rights Commission of the sums paid in respect of pensions already granted under this Scheme) shall be made accordingly.
15. 3 A person having the care of a child of a deceased member who applies for a children’s pension in respect of that child shall give to the Human Rights Commission such information as is necessary for the proper operation of this Scheme in relation to that child.
16. DECLARATIONS
Payment of pension under this Scheme shall be subject to the making by the spouse or civil partner and where childrens pension is not payable to the spouse or civil partner, the person having the care of the children in question, of a declaration in such form and at such times as the Human Rights Commission may determine.
17. REPAYMENTS OF PENSIONS OVERPAID
If at any time a person receives payments on foot of a pension and such person is not entitled under this Scheme to such payments, or if a person receives payments on foot of a pension which exceed those which are appropriate under this Scheme, such person or, in case such a person is dead, the legal personal representative of such person, shall pay to the Human Rights Commission on demand such payments or excess payments, as may be appropriate, and such payments or excess payments may, in default of payment, be recoverable by the Human Rights Commission as a simple contract debt in any court of competent jurisdiction.
18. ASSIGNMENTS
Every assignment of, or charge on, and every agreement to assign or charge, a pension under this Scheme shall be void and, on the bankruptcy of any person entitled to a pension under this Scheme, that pension shall not pass to any trustee or other person acting on behalf of the creditors. If the pensioner becomes incapable of giving a receipt for payments due, the Human Rights Commission 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 Human Rights Commission thinks fit, and the Human Rights Commission shall be discharged from all liability in respect of any sum so paid.
19. 3 Where, arising from the application of paragraph 19.1, the amount of an award is adjusted, the Human Rights Commission may return to the members legal personal representative such proportion of the periodic contributions paid by the member as is authorised by the Minister with the consent of the Minister for Public Expenditure and Reform and may make such adjustment in any contribution which would otherwise be due under Article 13 of this Scheme as is authorised by the Minister with the consent of the Minister for Public Expenditure and Reform.
20. INCREASE IN PENSIONS
The Human Rights Commission may grant such increase in such pensions under this Scheme as may be authorised from time to time by the Minister with the consent of the Minister for Public Expenditure and Reform.
21. 2 The Human Rights Commission 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 Human Rights Commission or the State, in order to make good such a loss.
22. APPEALS
If a person is aggrieved by the failure or refusal of the Human Rights Commission 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 Public Expenditure and Reform who shall, within 3 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
).
23. TERMINATION OR AMENDMENT OF SCHEME
The Human Rights Commission reserves the right to amend or terminate the Scheme at any time, subject to the approval of the Minister and the consent of the Minister for Public Expenditure and Reform and subject to giving 3 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.
The Minister for Justice and Equality hereby approves of the above Scheme,
15 April 2014.
ALAN SHATTER,
Minister for Justice and Equality.
The Minister for Public Expenditure and Reform hereby consents to approval of the above Scheme,
15 April 2014.
BRENDAN HOWLIN,
Minister for Public Expenditure and Reform.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This Scheme provides for superannuation benefits for the Spouses, Civil Partners and Children of the members of the Human Rights Commission Superannuation Scheme 2013.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
18
th April
, 2014.
By virtue of
section 20
of the
Human Rights Commission Act 2000
(No. 9 of 2000), I, Alan Shatter T.D., Minister for Justice and Equality, with the consent of the Minister for Public Expenditure and Reform, hereby approve the following Scheme.