S.I. No. 290/2015 - Education Sector Superannuation Scheme 2015 or the ESSS 2015.

1. For the purposes of this Schedule—

“relevant pensionable service” includes periods of leave without pay purchased in accordance with the provisions of Chapter 2 of Part 2;

“retained benefits” means benefits from another public sector pension scheme and includes pensions, commutation payments, lump sums, gratuities and refunds of superannuation contributions.

2. The maximum amount of service which may be purchased depends on the member’s prospective pensionable service at the relevant age and any retained benefits received or receivable by virtue of earlier service under another occupational pension scheme as defined in

section 2

of the

Pensions Act 1990

.

3. For a member who would have at least 9 years’ relevant pensionable service at the relevant age and who is not entitled to retained benefits, the maximum amount of service which may be purchased is that specified in column (2) of the Table to this Paragraph opposite the mention in column (1) of that Table of the relevant pensionable service which the member would have if he or she remains in service until the relevant age.

TABLE

Relevant pensionable service(1)

Maximum service which can be purchased(2)

20 years or more

19 years

18 years

17 years

16 years

15 years

14 years

13 years

12 years

11 years

10 years

9 years

Difference between 40 years and pensionable service by the relevant age

17 years

15 years

13 years

11 years

9 years

7 years

5 years

4 years

3 years

2 years

1 year

4. The limits specified in the Table to Paragraph 3 are subject to the overriding restriction that the amount of service which may be purchased, together with service which is otherwise pensionable, shall not in any case exceed 40 years.

5. Where the potential pensionable service at the relevant age is less than 20 years but includes days of service in excess of a complete number of years, a number of days equal to 365 days less the excess days in question may be purchased in addition to the appropriate number of years specified in column (2) of the Table to Paragraph 3.

6. Where a member is entitled to retained benefits for earlier service under another public sector pension scheme, and those benefits are identical to the benefits which would be payable under this Scheme for an equivalent period of service, the maximum number of years of notional service which may be purchased shall be the smaller of—

(

a

) the maximum specified in column (2) of the Table to Paragraph 3; and

(

b

)40 — A,

where A is the relevant pensionable service which the member would have at the relevant age.

7. Where the value of the retained benefits paid or payable is not identical to the value of the superannuation benefits which would be payable under this Scheme in respect of an equivalent period, the amount of service which may be purchased by the member concerned shall be determined by the Minister after consultation with the Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

9 July 2015.

JAN O’SULLIVAN,

Minister for Education and Skills.

The Minister for Public Expenditure and Reform hereby consents to the foregoing Scheme.

GIVEN under my Official Seal,

9 July 2015.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

8. (1) Other than for a benefit under Article 22 (Retirement on Medical Grounds) payable where a member has less than 2 years’ service, a scheme member who has not completed the vesting period will not be entitled to receive personal pension benefits and on leaving service will be entitled to a refund of contributions under Article 13(4).

(2) Subject to Paragraph (3), if the member has completed the vesting period, he or she may not receive such benefits until he or she has reached the minimum pension age in the case of retirement or the preserved pension age where the member resigns with an entitlement to a preserved pension.

(3) Notwithstanding Paragraph (2), pensions benefits may be payable under this Part to a member before the minimum pension age or the preserved pension age, as the case may be, in accordance with the provisions of Article 22 (Retirement on medical grounds), Article 18 (Preserved Pension payable on Medical Grounds) or Article 21(Cost Neutral Early Retirement).

(4) Benefits in respect of a member on death in service, may be paid without reference to the vesting period or the minimum pension age.

Minimum Pension Age

9. The minimum pension age for new entrants is 65 and for all other members is age 60.

Preserved Pension Age

10. The preserved pension age is age 65 for new entrants and age 60 for all other members.

Pensionable Service — Lecturers

11. 72%

* FOOTNOTE 1: The periodic contribution rates for Integrated Officers on full PRSI are levied on both Net Pay and Pay. ‘Net Pay’ = gross pay less twice the rate of contributory old age pension payable at the maximum rate to a person with no adult dependent or qualified children.

FOOTNOTE 2: Under transitional provisions, set out in Paragraph 5 of Circular 0125/2006, the relevant birthday may be the first birthday occurring after 26/4/05.

Table 12 — Non-officers — Purchase by reference to age 60

Members

and

Non-members of the Survivors’ and Children’s Scheme

Lump Sum contribution

rates (applicable from 27/4/05 — see Footnote 2)

Age next birthday

Members of S&C

Non-Members

% of Pay *

% of Pay *

21

12. 81%

1.86%

13. 44%

Table 8 — Officers: Purchase by reference to age 60

Non-member

of the Survivors’ and Children’s Scheme

Lump Sum contribution

rates (applicable from 27/4/05 — see Footnote)

Age next birthday

Integrated (Class A PRSI)

Non-Integrated (modified PRSI)

% of gross salary

% of gross salary

21

14. 52%

FOOTNOTE 1: *In the case of Integrated Officers, contributions are payable on both Net Salary and Gross Salary. ‘Net Salary’ = gross salary less twice the maximum personal rate of State Pension (Contributory). (This footnote also applies to Table 1 and 3 above).

FOOTNOTE 2: Under transitional provisions, set out in Paragraph 5 of Department of Education and Science Circular 0125/2006, the relevant birthday may be the first birthday occurring after 26/4/05.

Table 6 — Officers: Purchase by reference to age 60

Member

of the Survivors’ and Children’s Scheme

Lump Sum contribution

rates (applicable from 27/4/05 — see Footnote)

Age next birthday

Integrated (Class A PRSI)

Non-integrated (modified PRSI)

% of gross salary

% of gross salary

21

15. (1) A member who retires having attained the minimum pension age shall be eligible to receive a lump sum calculated at the rate of 3/80th of pensionable remuneration for each year of pensionable service subject to a maximum of 120/80th.

(2) Where a general increase in pay becomes effective within a period of 3 months following the member’s 65th birthday and the former member who has opted to retire on his or her 65th birthday is alive on the date the increase becomes effective, the lump sum determined under Paragraph (1) may be adjusted to take into account the pensionable remuneration which would have applied on the date such general increase becomes effective.

Balancing Gratuity on Death in Retirement

16. (1) If the person who has been granted a pension and lump sum dies and the aggregate amount of—

(

a

) pension paid or payable (including any amount which would have been payable had the provisions of Article 63 (Employment subsequent to Resignation or Retirement) or Article 64 (Re-employment of a Pensioner by a Public Service Body) not applied, and

(

b

) the lump sum (before any deductions are made for non-periodic contributions in respect of survivor’s benefits or other contributions deducted from the lump sum)

is less than the gratuity which would have been granted to his or her legal personal representative, had the former member died on the date of his or her retirement if calculated in accordance with Article 24(1)(

a

), (Death Gratuity on Death in Service), the legal personal representative shall be eligible to receive a gratuity equal to the deficiency.

Preservation of Benefits

17. (1) Where a member ceases to be an active member after completing the vesting period before preserved pension age other than—

(

a

) on retirement on medical grounds with immediate pension, having completed the ill-health vesting period or

(

b

) not having completed the ill-health vesting period and having opted in writing for the gratuities under Article 22(2), (Retirement on Medical Grounds),

he or she will, on attaining the preserved pension age, be eligible to receive a preserved pension and preserved lump sum, provided that—

(i) he or she does not receive any other benefit in respect of the service which gave rise to preserved pension or lump sum, and

(ii) that service is not reckoned for pension purposes by him or her in another employment in any public service pension scheme.

(2) Where a member to whom Paragraph (1) applies and provided that member became a Part 2 member before 1 February 1995, he or she may, in writing, waive the entitlement to preserved pension and preserved lump sum and apply to have his or her superannuation contributions returned to him or her by the Board or Institute. On receipt of the member’s application, the Board or Institute shall return the relevant contributions to the former member, less an amount equal to income tax or any other statutory liability, and the Board or Institute shall not grant any other benefit to or in respect of the former member.

Preserved Pension Calculation including Preserved Pension payable on Medical Grounds

18. (1) A preserved pension shall be the amount which would have been awarded to the former member under Article 14 (Pension Calculation on Retirement) if he or she had attained minimum pension age on the date of resignation, as adjusted in accordance with Article 71 (Adjustment to Pensions) in the interval between the date of resignation and the date of attaining preserved pension age.

(2) A preserved pension shall be awarded to the former member on attaining preserved pension age and on application being made by him or her. Where the former member dies on or after attaining the preserved pension age without having applied for the preserved pension, an amount equal to the preserved pension which would have been payable between the preserved pension age and the date of death shall be payable to the legal personal representative of the former member on valid application being made.

(3) Where a person to whom Paragraph (1) applies incurs permanent ill-health and satisfies the Board or Institute that, if still serving, he or she would be eligible to retire on medical grounds under Article 22(7), (Retirement on Medical Grounds) then a preserved pension and preserved lump sum may be paid with effect from the date, without the award of ill-health added years, (not earlier than the date of the receipt by the Board or Institute of the former member’s application) on which the Board or Institute is so satisfied.

(4) Where a preserved pension is granted to a person in accordance with Paragraph (3), the Board or Institute may, at any time after the person is awarded the pension and before the person has reached the preserved pension age, review or further review the matter and upon such reviews—

(

a

) where the pension is being paid and the Board or Institute is satisfied that, had the application been made at the date of the review (or further review), such application would not have been granted, the Board or Institute shall grant no further payments of pension from the date of the review until the person attains the preserved pension age, or

(

b

) where the payment of the pension has ceased in accordance with Paragraph (

a

), and the Board or Institute is satisfied that, had such application been made at the date of the further review the application would have been allowed, payment of the pension shall be recommenced, from the date of the further review.

Preserved Lump Sum or Preserved Death Gratuity

19. 9%

56

20. 8%

63

21. 7%

* FOOTNOTE: The lump-sum contribution rates for Integrated Staff on full PRSI are levied on Pay only (i.e. there are no Net Pay/Pay contribution rates as heretofore).

Table 11 — Non-officers — Purchase by reference to age 60

Members

and

Non-members of the Survivors’ and Children’s Scheme

Periodic contribution

rates (applicable from 27/4/05 — see Footnote 2)

Age next birthday

Members of S&C Scheme

Non-Members of S&C Scheme

% of Pay

% of Net Pay *

% of Pay

% of Net Pay *

21

0.09%

0.77%

0.09%

0.69%

22

0.10%

0.80%

0.10%

0.72%

23

0.10%

0.83%

0.10%

0.74%

24

0.11%

0.85%

0.11%

0.77%

25

0.11%

0.88%

0.11%

0.79%

26

0.11%

0.91%

0.11%

0.82%

27

0.11%

0.94%

0.11%

0.84%

28

0.12%

0.96%

0.12%

0.86%

29

0.12%

0.99%

0.12%

0.89%

30

0.12%

1.00%

0.12%

0.91%

31

0.13%

1.03%

0.13%

0.93%

32

0.13%

1.06%

0.13%

0.95%

33

0.14%

1.08%

0.14%

0.97%

34

0.14%

1.11%

0.14%

1.00%

35

0.14%

1.13%

0.14%

1.02%

36

0.15%

1.15%

0.15%

1.04%

37

0.15%

1.18%

0.15%

1.06%

38

0.16%

1.21%

0.16%

1.09%

39

0.17%

1.24%

0.17%

1.11%

40

0.17%

1.27%

0.17%

1.14%

41

0.18%

1.30%

0.18%

1.17%

42

0.19%

1.37%

0.19%

1.24%

43

0.20%

1.46%

0.20%

1.31%

44

0.21%

1.55%

0.21%

1.40%

45

0.23%

1.66%

0.23%

1.50%

46

0.25%

1.78%

0.25%

1.61%

47

0.27%

1.93%

0.27%

1.74%

48

0.29%

2.09%

0.29%

1.89%

49

0.32%

2.29%

0.32%

2.07%

50

0.35%

2.52%

0.35%

2.28%

51

0.39%

2.81%

0.39%

2.55%

52

0.45%

3.17%

0.45%

2.87%

53

0.51%

3.63%

0.51%

3.29%

54

0.60%

4.24%

0.60%

3.86%

Table 11 (continued) — Non-officers — Purchase by reference to age 60

Members

and

Non-members of the Survivors’ and Children’s Scheme

Periodic contribution

rates (applicable from 27/4/05 — see Footnote 2)

Age next birthday

Members of S&C Scheme

Non-Members of S&C Scheme

% of Pay

% of Net Pay *

% of Pay

% of Net Pay *

55

0.73%

5.10%

0.73%

4.64%

56

0.92%

6.38%

0.92%

5.82%

57

1.23%

8.53%

1.23%

7.79%

58

1.86%

22. 9%

23. 6%

24. 4%

25. 2%

26. 9%

27. 8%

28. 7%

29. 7%

30. 6%

31. 6%

32. 6%

33. 6%

34. 7%

35. 9%

36. 8%

37. 1%

38. 4%

39. 7%

40. 0%

37

41. 1%

42. 5%

43. 0%

44. 1%

45. 7%

46. 7%

47. 4%

48. 7%

49. 2%

50. 8%

51. 1%

52. 8%

33

53. 1%

54. 9%

35

55. 2%

56. 8%

32

57. 4%

58. 2%

59. 8%

60. 2%

35

61. 4%

36

62. 4%

63. 8%

38

64. 1%

65. 1%

66. 4%

40

67. 9%

68. 0%

46

69. 0%

42

70. 4%

43

71. 0%

72. 0%

49

73. 2%

45

74. 3%

75. (1)“earlier service” means service by reference to which any of the benefits referred to in Paragraph (2) were calculated, subject to the relevant scheme rules.

(2) The maximum service reckonable for benefits under the Scheme is 40 years subject in the case of—

(

a

) members who have retained an entitlement to preserved benefits under Article 17 (Preservation of Benefits),

(

b

) members whose pensions were suspended under Article 63 (Employment subsequent to Resignation or Retirement),

(

c

) members (or former members) whose pensions were abated under the provisions of Article 64 (Re-employment of a Pensioner in a Public Service Body), and

(

d

) members with an entitlement to benefits payable from any other public service pension scheme

to maximum service not exceeding the difference between the earlier service and 40 years, provided that in the case of Paragraph (

d

) where the member had accrued more than 40 years’ service in more than one scheme up to and including 27 July 2012, he or she retains an entitlement to the total amount of that service accrued to that date if retained in more than one scheme, in accordance with the provisions of subsections 52(6) and 52(7) of the 2012 Act.

Confirmation of certain matters

76. 1%

47

77. 8%

90.7%

56

81.6%

92.4%

57

85.7%

94.3%

58

90.1%

96.1%

59

94.8%

98.0%

60

100.0%

100.0%

SCHEDULE 2

Limits on Amounts of Service which may be Purchased

79. 1%

49

80. 7%

50

81. 6%

82. 2%

51

83. 9%

52

84. 0%

57

85. 5%

53

87. 2%

54

88. 9%

55

89. 0%

60

90. 7%

61

92. 5%

62

94. 0%

96. 1%

64

98. 0%

65

100. 0%

Table 14

Actuarial Reduction Factors

Purchase by reference to

age 60

Age last birthday

Pension

Lump Sum

30