S.I. No. 433/2015 - Pensions Ombudsman's Superannuation Scheme 2015.

1. The following provisions of the

Public Service Pensions (Single Scheme and Other Provisions) Act 2012

(No. 37 of 2012) with effect from 28 July 2012

Subsections (6) and (7) of section 52 [forty-year limit];

Section 68, paragraph (

a

), in so far as it inserts a definition of “pension adjustment order”;

Section 69 in so far as it inserts subsection (1B) into

section 2

of the

Financial Emergency Measures in the Public Interest Act 2010

[pension adjustment order provision].

2.

S.I. No. 393 of 2012

— Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (Commencement of Certain Provisions of Section 52) Order 2012 [abatement provisions with effect from 1 November 2012].

3.

S.I. No. 413 of 2012

— Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (Commencement of Certain Provisions Relating to Pre-existing Public Service Pension Schemes) Order 2012 [duty to give information, use of PPS numbers, declarations, cesser or reduction of benefit, limit of one survivor’s pension, all with effect from 1 November 2012].

The Minister for Public Expenditure and Reform hereby consents to the making of the above Scheme.

GIVEN under the Official Seal of the Minister for Public Expenditure and Reform.

9 October 2015.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

The Minister for Social Protection hereby makes the above Scheme.

GIVEN under the Official Seal of the Minister for Social Protection

9 October 2015.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These Regulations establish the Pensions Ombudsman Superannuation Scheme 2015.

2. Commencement

The scheme shall be deemed to have commenced with effect from 28 April 2003, which shall be known as the date of commencement

3. Definitions

In this scheme save where the context otherwise requires

“Act” means the

Public Service Superannuation (Miscellaneous Provisions) Act of 2004

(No. 7 of 2004);

“actual pensionable service” means service as defined in subparagraph 6.1 of this scheme but excluding service which is reckonable under subparagraphs 6.1(

c

), 6.1(

d

) and/or any notional service transferred under subparagraph 6.1(

e

) of this scheme;

“fully insured member” means a member of this scheme who is, or was immediately before attaining the age of 66 (increasing to age 67 from 2021 and age 68 from 2028) insured for State Pension (Contributory) under the Social Welfare Acts;

“ill-health vesting period” means the equivalent of five years’ whole-time actual pensionable service;

“Knock-for-Knock Agreement under the Local Government Superannuation Code” means an agreement under articles 279(9) and 280 of the Local Government (Superannuation) (Consolidation) Scheme, 1998;

“Local Government Superannuation Code” means any scheme or regulation made under the

Local Government (Superannuation) Act, 1980

(No. 8 of 1980) other than the Local Government (Superannuation) (Gratuities) Regulations, 1984 (as amended) or the provisions of Part V of the Local Government (Superannuation) (Consolidation) Scheme, 1998;

“member” means the Pensions Ombudsman, if pensionable;

“minimum pension age” means

(i) in the case of a member who is not a new entrant, age 60;

(ii) in the case of a person who is a new entrant, age 65;

“Minister” means the Minister for Social Protection;

"new entrant" shall be construed in accordance with section 2 of the Act;

“part-time office-holder” means an office-holder who works less than the standard hours of a comparable office-holder in a whole-time post;

“Pensions Ombudsman” means the holder of the office of Pensions Ombudsman, as described in

Section 127

of the

Pensions (Amendment) Act 2002

;

“personal rate”, in relation to any Social Welfare benefit, means the rate of such benefit payable under the Social Welfare Acts to a single person excluding any increase that is payable on age grounds, or by virtue of the recipient living alone, or in respect of a qualified adult or child dependant, and “

maximum personal rate

” shall be construed accordingly;

“public service pension scheme” has the meaning assigned thereto in subsection 1(1) of the Act;

“reduced rate”, in relation to any Social Welfare benefit, means the personal rate of such benefit if that rate is less than the maximum personal rate of State Pension (Contributory);

“Social Welfare Acts” means the Social Welfare Acts 1981 to 2012 including any enactment which amends or extends any or all of those Acts and any regulation, warrant or order made thereunder;

“Social Welfare Benefit” means State Pension (Contributory), State Pension (Transition), Invalidity Pension, Illness Benefit or Jobseeker’s Benefit payable under the Social Welfare Acts;

"State Pension (Contributory)" means the State Pension (Contributory) payable under the Social Welfare Acts;

“transfer value payment” means a payment calculated in accordance with such tables as are approved and in such manner as is determined by the Minister for Public Expenditure and Reform, or the Minister for the Environment, Community and Local Government under the Local Government Code;

“vesting period” means the equivalent of 2 years’ actual pensionable service;

"work-sharer" means a whole-time office-holder who, under an arrangement which has been approved by the Minister, works less than the standard hours of the whole-time post;

“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. 4 The Minister shall decide upon the eligibility for membership of the scheme. The Minister shall notify the Pensions Ombudsman of his or her admission to membership of the scheme and shall furnish him or her with a copy of the terms of the scheme.

5. 7

Pensionable Remuneration

“Pensionable remuneration” means the aggregate of retiring salary and pensionable allowances.

6. 3 (

a

) For the purposes of this scheme, “earlier service” means the service by reference to which the benefits referred to in subparagraph 6.3 (

b

) were calculated.

(

b

) The maximum service reckonable for benefits under this scheme is 40 years, subject in the case of

(i) office-holders who have retained an entitlement to preserved benefits under the provisions of paragraph 7,

(ii) office-holders whose pensions were suspended under the provisions of 13.3,

(iii) office-holders whose pensions were suspended under the provisions of paragraph 13.4 and

(iv) office-holders with an entitlement to benefits payable from any pension scheme wholly or partly funded out of moneys provided by the Oireachtas or from the Central Fund or the growing produce of that Fund to maximum service not exceeding the difference between earlier service and 40 years.

7. Optional Retention of Preserved Benefits

(

a

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

(

b

) a fully insured member who is entitled to preserved benefits in respect of earlier service as a member of this scheme during which service he or she was not fully insured

may opt to retain entitlement to the said preserved benefits, subject to

(i) payment of the preserved pension not commencing before the date on which membership of this scheme ceases and

(ii) in the event of death in service, the deduction of the preserved death gratuity from any death gratuity payable under paragraph 8.2.

8. 6

Return of Contributions

In the case of a contributory member who has completed less than the vesting period

(i) whose membership ceases otherwise than on medical grounds or death and

(ii) who does not transfer his or her pensionable service to another organisation in accordance with arrangements approved by the Minister for the Environment, Community and Local Government and/or the Minister for Public Expenditure and Reform

his or her contributions shall be returned to him or her less an amount equal to any income tax liability by the Minister in respect of such contributions.

9. 2 Where any or all of the above conditions are not met, paragraphs 8.3 or 8.4, as appropriate, of this scheme shall apply in lieu of benefit under paragraphs 8.1 and/or 8.2.

10. 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 Minister, in arrears and shall continue throughout the life of the member.

11. Pensions Increases

The Minister may grant such increases in such pensions and preserved pensions under this scheme as may be authorised from time to time with the consent of the Minister for Public Expenditure and Reform.

12. 4 An actuarial revaluation of the scheme may be carried out from time to time if the Minister for Public Expenditure and Reform so decides and the Minister for Public Expenditure and Reform retains the right to vary the contributions payable.

13. 5 If a pensioner under this scheme receives payment in respect of employment by the Minister or by any person or firm resident in the State and associated with or directly or indirectly controlled by the Minister no more of the pension or preserved pension shall be paid for any period of receipt of the payment as may be specified by the Minister than so much as, with the payment, equals the pay which the person would have received in respect of that period if during it he or she

(

a

) held the position of Pensions Ombudsman 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 Minister.

14. 2 The Minister may, at his or her 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 Minister or the State, in order to make good such a loss.

15. 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.

16.

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 Minister 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 Minister thinks fit, and the Minister shall be discharged from all liability in respect of any sum so paid.

16. Assignments

17. 2 Where a member’s appointment as Pensions Ombudsman 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 Public Expenditure and Reform had been obtained, which is payable to or in respect of him or her on such cesser, other than under this scheme, by the Minister or under any arrangement (whether by way of insurance or otherwise) to which the Minister has contributed.

18. 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 Minister shall, in the absence of a Knock-for-Knock Agreement under the Local Government Superannuation Code, recoup such sum to the local authority.

19. Appeals

If a member or former member is aggrieved by the failure or refusal of the Minister 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, whose decision shall be final.

20. Termination or Amendment of Scheme

The Minister reserves the right to amend or terminate the scheme at any time, subject to the consent of the Minister for Public Expenditure and Reform 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.

Schedule