S.I. No. 292/2015 - Education and Training Board Teachers Superannuation Scheme 2015.

0. 92%

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

Difference between 40 years and pensionable service by the relevant age

19 years

17 years

18 years

15 years

17 years

13 years

16 years

11 years

15 years

9 years

14 years

7 years

13 years

5 years

12 years

4 years

11 years

3 years

10 years

2 years

9 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& Reform hereby consents to the foregoing Scheme.

GIVEN under my Official Seal,

9 July 2015.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

8. 90%

58

9. 63%

58

10. (1) Contributions under this Part for service given after entry to the Scheme membership are

(

a

) in the case of members who are not fully insured, 5% of remuneration;

(

b

) subject to Paragraph (

c

), in the case of members who are fully insured, 1.5% of remuneration and 3.5% of net remuneration;

(

c

) in the case of part-time members who are fully insured and limited membership applies, under the terms of Department of Education and Science Circular Letter 30/99 or Department of Education and Science Circular Letter 24/08, 1.5% of actual remuneration and 3.5% of net actual remuneration;

(

d

) in the case of part-time members who are fully insured and the revised arrangements for certain part-time public servants applies, under the terms of Department of Education and Science Circular Letter 25/08, 1.5% of remuneration and 3.5% of net remuneration multiplied in each case by the proportion the contract hours bear to the wholetime equivalent hours;

(

e

) in the case of a part-time member who pays contributions in accordance with Paragraph (

c

) and subsequently becomes wholetime he/she must pay the appropriate pro-rata contributions in accordance with Paragraph (

d

);

(

f

) where in respect of any members referred to in Paragraphs (

a

) and (

b

) in respect of any period that the member was not working on a full-time basis, contributions are adjusted by proportion that the number of hours worked bears to comparable whole-time hours.

(2) Contributions under this Part for service given prior to entry to Scheme membership are

(

a

) in the case of members who are not fully insured—

(i) in the case of temporary whole-time service, 2.5% of historic pay for any reckonable service given up to 31 December 1985 and 5% of historic pay for any reckonable service given after that date;

(ii) in the case of reckonable part-time service, 5% of historic pay for any reckonable service;

(iii) where there is a liability for contributions under subparagraph (

a

)(i) or (

a

)(ii), he or she should receive a notification that the contributions outstanding should be paid over a specified period of time;

(iv) where the outstanding contribution is not paid within the specified period, compound interest shall be applied to any outstanding balance. Any outstanding balance including compound interest shall be deducted from any benefits payable under this Scheme.

In this Paragraph—

“the specified period” means a period equal to the period of service as an ETB Teacher prior to entry to this Scheme;

“historic pay” means the actual remuneration, without adjustment, paid to the member on the date the service was given;

“historic net pay” means the amount by which historic pay exceeds the rate of contributory State Pension payable at that time.

(

b

) subject to Paragraph (

c

), in the case of members who are fully insured—

(i) in the case of temporary wholetime service or part-time service (with the exception of service under subparagraph (

b

)(ii)), 1.5% of actual remuneration and 3.5% of net actual remuneration calculated on the basis of actual remuneration and contributory State Pension rates applicable on the date which is three months after he or she became pensionable;

(ii) in the case of unqualified part-time teaching service prior to 1 September 2001, 1.5% of actual remuneration and 3.5% of net actual remuneration calculated on the basis of actual remuneration and contributory State Pension rates applicable on the date which is three months after the member became pensionable or the rates applicable on 20 December 2001, whichever is more favourable;

(iii) where there is a liability for contributions under subparagraph (

b

) (i), he or she should be given three months from the date he or she is presented with the notification to pay the necessary contributions. The member should be informed in writing that if the sum outstanding is not paid in full within the three month period, compound interest will accrue on any outstanding balance from the date the three month period expires. Any outstanding contributions, including compound interest, shall be deducted from any benefits payable under this Scheme;

(iv) where there is a liability for contributions under subparagraph (

b

) (ii), he or she when notified will have two months to decide on how he or she wishes to make payment. This can be done in one of three ways:—

(I) Lump Sum

The lump sum must be paid within six months of receiving a notification to pay the necessary contributions;

(II) Instalments

The arrears will be recovered by increasing the ongoing contribution. The period of the increase will not continue beyond the length of previous service to which the arrears relate. The rate of contribution will be the same as that for a person paying by way of lump sum. Where through no fault of the Board, the full liability is not discharged by the end of the stated period of the increase, the outstanding liability will be determined by the remuneration and contributory State Pension rates applicable on the date of payment. If the full outstanding liability is not discharged by the date of retirement, the arrears payable will be calculated based on the pensionable remuneration and contributory State Pension rates applicable on that date and will be deducted from any benefits payable;

(III) At retirement

The arrears payable will be calculated based on the pensionable remuneration and contributory State Pension rates applicable on the date of retirement and the relevant amount will be deducted from the retirement lump sum.

(

c

) in the case of part-time members who are fully insured and the revised arrangements for certain part-time public servants applies in accordance with Department of Education and Science Circular Letter 25/2008—

(i) in the case of temporary wholetime service or part-time service (with the exception of service under subparagraph (

c

) (ii), 1.5% of remuneration and 3.5% of net remuneration calculated on the basis of remuneration and the contributory State Pension rates applicable on the date which is three months after he or she became pensionable;

(ii) in the case of unqualified part-time teaching service prior to 1 September 2001, 1.5% of remuneration and 3.5% of net remuneration calculated on the basis of remuneration and contributory State Pension rates applicable on the date which is three months after the member became pensionable or the rates applicable on 20 December 2001, whichever is more favourable;

(iii) where there is a liability for contributions under subparagraph (

c

) (i) or (ii) or additional contributions under the revised arrangements for certain part-time public servants, he or she should be presented with the notification to pay the necessary contributions. The member should be informed in writing that he or she must pay the contributions in accordance with the time limits imposed by Department of Education and Science Circular Letter 25/2008 or if notified of contributions due on or after 1 September 2014 in accordance with the time limits imposed by Department of Education and Skills Circular Letter 62/2014;

(iv) if the full liability for contributions under subparagraph (i) and (ii) is not discharged in accordance with subparagraph (iii) the outstanding liability will be determined by the salary and contributory State Pension rates applicable on the date of payment. Any outstanding liability will be deducted from any benefits payable under this Scheme based on the salary and contributory State Pension rates applicable on the date of the payment of the benefits;

(

d

) where there are outstanding contributions in accordance with this Article he/she should not be required to pay more than 20% of his/her gross annual salary in any one year. If the sum outstanding exceeds the 20% threshold the period can be extended in accordance with Department of Education and Science Circular Letter 39/2009.

(3)(

a

) Where a member is in receipt of a reduced rate of remuneration because of absence from employment during a period in respect of which the member was in receipt of sick pay, the contributions in respect of that period will be calculated by reference to the rate of remuneration payable to him or her if he or she were not so absent.

(

b

) No contributions are payable during a period in respect of which a member is in receipt of Temporary Rehabilitation Remuneration.

Refund of Contributions in certain cases

(4)(

a

) Where a member who has not completed the vesting period—

(i) whose active membership of this Scheme ceases other than on medical grounds or death, and

(ii) who does not transfer his or her pensionable service in accordance with the Transfer Network,

his or her contributions, including contributions paid under Part 3 (Survivors’ and Children’s Benefits) shall be returned, without interest, to him or her by the Board, less an amount equal to any income tax or other statutory liability. Accordingly the person is, except where Paragraph (5) applies, not entitled to receive any further benefit under this Scheme in respect of the period of such membership.

(5) Where a person—

(

a

) has had contributions returned under Paragraph (4),

(

b

) is subsequently re-employed before 21 May 2008 as a pensionable member in this Scheme or in another Public Service Pension Scheme to which the service may be transferred, and

(i) pays such amount to the Board as would, on the date of payment or of the final payment where Paragraph (4) applies, represent the gross amount of contributions paid to him or her with, compound interest on such amount as may be specified by the Board and such rate of interest as determined by the Minister for Public Expenditure and Reform,

then he or she shall have his or her pensionable service, referred to in Paragraph (4), restored.

(

c

) is subsequently re-employed after 21 May 2008 as a pensionable member in this Scheme or in another Public Service Pension Scheme to which the service may be transferred, and

(i) where the period of service being restored has been given since 1 September 2001, the period will be restored through paying contributions to the Board on the basis of wholetime equivalent pay rates current at the time of payment or

(ii) where the period of service being restored has been given prior to 1 September 2001, the service will be restored by payment of such amount to the Board as would, on the date of payment or of the final payment, represent the amount of gross contributions paid to him or her with compound interest on such amount and at such rate per annum as may be specified by Board with the approval of the Minister for Public Expenditure and Reform.

(6) For the purposes of this article, the Board may at its discretion agree to accept payment of the outstanding amount concerned in more than one payment, but, unless otherwise provided for in this Article, compound interest will continue to apply on all outstanding contributions.

Pension Calculation on Retirement

11. 72%

12. 80%

* see Footnote 1 to Table 5.

Table 2 — Officers: Purchase by reference to age 65

Member

of the Survivors’ and Children’s Scheme

Lump Sum contribution

rates (applicable from 10/5/05)

Age next birthday

Integrated (Class A PRSI)

Non-integrated (modified PRSI)

% of gross salary

% of gross salary

26

13. 44%

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 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 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 1and 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 preserved pension shall be the amount which would have been awarded to the former member under Article 11 (Pension Calculation on Retirement) if he or she had attained minimum pension age on the date of resignation, as adjusted in accordance with Article 68 (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 that, if still serving, he or she would be eligible to retire on medical grounds under Article 19(7), (Retirement on Medical Grounds) then a preserved pension and preserved lump sum may be paid, without the award of ill-health added years, with effect from the date on which the Board is so satisfied, but not earlier than the date of the receipt by the Board of the former member’s application.

(4) Where a preserved pension is granted to a person in accordance with Paragraph (3), the Board 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 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 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 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

16. (1) The amount of a preserved lump sum or preserved death gratuity shall be the amount which would have been awarded to the former member under Article 12 (Lump Sum Calculation on Retirement) if he or she had attained minimum pension age on the date of resignation, as adjusted by reference to Article 68 (Adjustment to Pensions) in the interval between the date of resignation and the date—

(

a

) on which he or she attains the preserved pension age, in the case of a preserved lump sum, or

(

b

) of his or her death before preserved pension age, in the case of a preserved death gratuity.

(2) A lump sum shall be awarded to the former member on attaining preserved pension age and on application being made by him or her or in the event that he or she dies before reaching that age, a preserved death gratuity shall be payable in respect of the member on application by his or her legal personal representative.

Split Pensions in this Scheme

17. (1)(

a

) A new entrant who is entitled to preserved benefits payable at age 60 in respect of earlier service as a member, or

(

b

) a fully insured member who is entitled to preserved benefits as a member during which service he or she was not fully insured,

may opt in writing, before any benefit falls due for payment, to retain entitlement to the preserved benefits in this Scheme subject to—

(i) payment of the preserved pension not commencing before the date on which his or her membership of the Scheme ceases,

(ii) in the event of death in service, for the purposes of Article 21(1)(

a

), (Death Gratuity on Death in Service) actual annual remuneration is reduced by an amount calculated as 3/80th of pensionable remuneration, as adjusted in accordance with Article 68 (Adjustment to Pensions), at date of death for each year of earlier service as a scheme member, and

(iii) in the event of death in service, the aggregate of the preserved death gratuity and the death gratuity shall not exceed the amount of gratuity calculated on the basis of 40 years pensionable service.

(2) In the absence of receipt of a valid option under Paragraph (1), the Board will pay the benefits due on the basis of the aggregate of the 2 periods of service.

(3) In accordance with the PCW (Programme for Competitiveness and Work) agreement, where a member of this Part who is not fully insured had a period of actual service which was given by him or her in a Secondary, Community or Comprehensive school, where

(

a

) the service was not pensionable at the time, and

(

b

) he or she was fully insured during that period of service,

the member may opt in writing before any benefit falls due for payment, to transfer this service on payment of the relevant contributions and the benefits due for such service will be calculated under this Part as fully insured service.

Cost Neutral Early Retirement

18. (1) This Article shall be deemed to have come into operation on 1 April 2004.

(2)(

a

) In this Article—

a member has attained the “specified age” where he or she has attained an age such that the difference between that age and his or her preserved pension age is 10 years or less;

“cost neutral early retirement” means retirement in the circumstances and under the conditions set out in the relevant circulars and in respect of which retirement provision is made by that circular for eligibility for the payment of certain benefits;

“relevant circulars” means Department of Education and Science Circular Letter Pen 05/05 and Department of Education and Science Circular Letter Pen 24/05.

(3) Where—

(

a

) on or after 1 April 2004, a member, having completed the vesting period, resigns and on the date on which that resignation has effect he or she has not attained the preserved pension age but has attained or will have attained the specified age, and

(

b

) before the date on which that resignation has effect, the member had applied in writing to the Board to have his or her pension and lump sum benefits paid with effect from that date, and

(

c

) the Board agrees to those benefits being so paid,

then those benefits shall be calculated by reference to the calculation of the member’s preserved benefits but the amount of each benefit shall be reduced by reference to the actuarial table in Paragraph (6) and the benefits shall be paid in accordance with the provisions of Paragraphs (4) to (12).

(4) In this Article, a reference to an application for cost neutral early retirement being granted is a reference to such an application that is made, and which is granted, in accordance with the relevant circular.

Benefits under Cost Neutral Early Retirement

(5) Subject to Paragraphs (9) to (11), where an application for cost neutral early retirement by a member is granted, the amount of lump sum and pension payable to the member shall be the amount, if any, arrived at by the formula

[A + ((B/365) x (C — A))] x D

where

A

is the actuarial reduction factor in relation to lump sum or pension specified in—

(

a

) column (2) or (3), as the case may be, of the Table in Paragraph 6(

a

) of this Article in the case of members who have a preserved pension age of 60, and

(

b

) column (2) or (3), as the case may be, of the Table in Paragraph 6 (

b

) of this Article in the case of members who have a preserved pension age of 65

B

is the number of days since the member’s last birthday,

C

is the relevant actuarial reduction factor specified in the definition of “A”, but, for the purposes of this definition, a reference in column (1) of Table(

a

) or (

b

) to an age of the member shall be read as a reference to that age at the member’s next birthday, and

D is the preserved benefit the member would be entitled to receive based on service referred to in Article 14 (Preservation of Benefits) and without the application of an actuarial reduction.

(6) TABLES

Factors to be applied to preserved benefits to derive actuarially reduced benefits.

(

a

)

Members with a preserved age of 60

Age last birthday

Pension

Lump sum

50

19. 9%

20. 8%

21. 7%

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%

76. 1%

47

77. 8%

79. 1%

49

80. 7%

50

81. 6%

82. 2%

51

83. 9%

52

84. 0%

57

85. 7%

87. 2%

54

88. 9%

55

89. 0%

60

90. 1%

92. 4%

57

94. 8%

96. 1%

59

98. 0%

60

100. 0%

SCHEDULE 2

LIMITS ON THE AMOUNT OF SERVICE WHICH MAY BE PURCHASED