(LRC Revised)

Number 7 of 2004

PUBLIC SERVICE SUPERANNUATION (MISCELLANEOUS PROVISIONS) ACT 2004

REVISED

Updated to 2 April 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Public Service Superannuation (Miscellaneous Provisions) Act 2004

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Merchant Shipping (Investigation of Marine Accidents) Act 2025

(2/2025), enacted 14 April 2025, and all statutory instruments up to

and including the

Policing, Security and Community Safety Act 2024 (Commencement) Order 2025

(S.I. No. 107 of 2025), made 2 April 2025, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

7

of

2004

PUBLIC SERVICE SUPERANNUATION (MISCELLANEOUS PROVISIONS) ACT 2004

REVISED

Updated to 2 April 2025

ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

New entrant.

3.

Removal of compulsory retirement age for new entrants to public service.

3A.

Age of retirement for relevant public servants.

4.

Compulsory retirement age for new entrants to Garda Síochána.

5.

Amendment of Superannuation (Prison Officers) Act 1919, etc.

6.

Compulsory retirement age and new entrant fire brigade employees.

7.

Compulsory retirement age and new entrants to Permanent Defence Force.

8.

Pension schemes, etc., and new entrants to Permanent Defence Force, etc.

9.

Non application to Chaplaincy Service.

10.

Pensionable age generally.

11.

Pensionable age for new entrants to Houses of Oireachtas, etc.

12.

Accrual rate for pension purposes.

13.

Reckoning for superannuation purposes of service after a specified age.

13A.

Reckoning for superannuation purposes of service by relevant public servants.

14.

Application to existing pension provisions.

14A.

Application to existing retirement provisions.

15.

Removal of doubts.

16.

Short title and collective citation.

SCHEDULE 1

Bodies to which the definition of “Public Service Body” does not apply

SCHEDULE 2

PART 1

Consequential Amendments to Act Relating to

Sections 2(7)

and

11(2)

PART 2

Consequential Amendments to Acts Relating to

Sections 3

and

10

PART 3

Consequential Amendments to Acts Relating to

Section 3A

Acts Referred to

Civil Service Regulation Act 1956

1956, No. 46

Companies Act 1963

1963, No. 33

Companies Acts 1963 to 2003

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Data Protection Act 1988

1988, No. 25

Defence Forces (Pensions) Acts 1932 to 1975

Dentists Act 1985

1985, No. 9

Environmental Protection Agency Act 1992

1992, No. 7

Fire Services Act 1981

1981, No. 30

Freedom of Information Act 1997

1997, No. 13

Harbours Act 1946

1946, No. 9

Harbours Act 1996

1996, No. 11

Health Act 1970

1970, No. 1

Health (Eastern Regional Health Authority) Act 1999

1999, No. 13

Local Government Act 2001

2001, No. 37

Medical Practitioners Act 1978

1978, No. 4

Mental Treatment Act 1945

1945, No. 19

Ministerial and Parliamentary Offices Act 1938

1938, No. 38

Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous

Provisions) Act 2001

2001, No. 33

National Disability Authority Act 1999

1999, No. 14

Nurses Act 1985

1985, No. 18

Official Languages Act 2003

2003, No. 32

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment)

Act 1973

1973, No. 22

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment)

Act 1992

1992, No. 3

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices

(Amendment) Act 1977

1977, No. 29

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices

(Amendment) Act 1983

1983, No. 32

Ombudsman Act 1980

1980, No. 26

Ombudsman for Children Act 2002

2002, No. 22

Pensions Act 1990

1990, No. 25

Pensions (Amendment) Act 2002

2002, No. 18

Planning and Development Act 2000

2000, No. 30

Registration of Title Act 1964

1964, No. 16

Superannuation Act 1859

22 Vict., c. 26

Superannuation Act 1887

50 & 51 Vict., c. 67

Superannuation Act 1909

9 Edw. 7, c. 10

Superannuation Act 1914

4 & 5 Geo. 5, c. 86

Superannuation Acts 1834 to 1963

Superannuation (Prison Officers) Act 1919

9 & 10 Geo. 5, c. 67

Vocational Education Act 1930

1930, No. 29

Number

7

of

2004

PUBLIC SERVICE SUPERANNUATION (MISCELLANEOUS PROVISIONS) ACT 2004

REVISED

Updated to 2 April 2025

AN ACT TO REMOVE THE COMPULSORY RETIREMENT AGE FOR CERTAIN CATEGORIES OF NEW ENTRANTS

INTO THE PUBLIC SERVICE ON OR AFTER 1 APRIL 2004, TO INCREASE THE PENSIONABLE AGE

FOR CERTAIN CATEGORIES OF NEW ENTRANTS INTO THE PUBLIC SERVICE FROM THAT DATE, INCLUDING

MEMBERS OF EITHER HOUSE OF THE OIREACHTAS AND CERTAIN OFFICE HOLDERS, AND TO MAKE

CONSEQUENTIAL PROVISIONS, TO PROVIDE FOR CERTAIN OTHER CATEGORIES OF NEW ENTRANTS,

FOR TRANSITIONAL MATTERS AND FOR THE MAKING OF A SCHEME OR SCHEMES FOR THE GRANTING

OF SUPERANNUATION BENEFITS TO OR IN RESPECT OF NEW ENTRANTS INTO THE PERMANENT DEFENCE

FORCE APPOINTED ON OR AFTER 1 APRIL 2004, AND TO PROVIDE FOR CONNECTED MATTERS. [25

th March

2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Reference to collectively cited

Defence Forces (Pensions) Acts 1932 to 2004

and this Act construed (1.01.2013) by

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

(37/2012), ss. 5(1) and 7(1)(a), S.I. No. 574 of 2012.

Interpretation (

Part 2

).

5

.— (1) ...

“Superannuation Acts” means— ...

(

c

) Defence Forces (Pensions) Acts 1932 to 2004,

...

(

i

) Public Service Superannuation (Miscellaneous Provisions) Act 2004;

...

Application of certain enactments, etc., restricted.

7

.— (1) Other than in accordance with

section 15

, no provision of a pre-existing public service pension scheme shall apply or be applied

in respect of the service of a public servant to which the Scheme relates and, accordingly—

(

a

) the Superannuation Acts,

(

b

) ...

shall be read subject to this subsection.

C2

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2),

subject to transitional provisions in arts. 6-9.

2. (1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of —

(

a

) the enactments

specified in Schedule 1, and

(

b

) the statutory

instruments specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 7 of 2004

Public Service Superannuation (Miscellaneous Provisions) Act 2004

The whole Act

...

...

...

C3

Application of Act confirmed in certain circumstances (20.05.2008) by

Local Government Services (Corporate Bodies) (Confirmation of Orders) Act 2008

(9/2008), s. 3(4), commenced on enactment.

Confirmation of certain orders under section 3 of Act of 1971.

3.

— ...

(4) The Public Service Superannuation (Miscellaneous Provisions) Act 2004 shall,

in so far as it applied to an officer, servant, employee or member of the staff of

a body established under section 3 of the Act of 1971 immediately before the passing

of this Act, continue to so apply after the passing of this Act.

...

C4

Application of Act confirmed in certain circumstances (21.12.2007) by

Health (Miscellaneous Provisions) Act 2007

(42/2007), s. 5(5), commenced on enactment.

Confirmation of certain orders under section 3 of Act of 1961.

5.

— ...

(5) The Public Service Superannuation (Miscellaneous Provisions) Act 2004 shall, in

so far as it applied to an official, servant, employee or member of the staff of a

body established under section 3 of the Act of 1961 immediately before the passing

of this Act, continue to so apply after the passing of this Act.

...

Annotations

Modifications (not altering text)

C1

Reference to collectively cited

Defence Forces (Pensions) Acts 1932 to 2004

and this Act construed (1.01.2013) by

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

(37/2012), ss. 5(1) and 7(1)(a), S.I. No. 574 of 2012.

Interpretation (

Part 2

).

5

.— (1) ...

“Superannuation Acts” means— ...

(

c

) Defence Forces (Pensions) Acts 1932 to 2004,

...

(

i

) Public Service Superannuation (Miscellaneous Provisions) Act 2004;

...

Application of certain enactments, etc., restricted.

7

.— (1) Other than in accordance with

section 15

, no provision of a pre-existing public service pension scheme shall apply or be applied

in respect of the service of a public servant to which the Scheme relates and, accordingly—

(

a

) the Superannuation Acts,

(

b

) ...

shall be read subject to this subsection.

C2

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2),

subject to transitional provisions in arts. 6-9.

2. (1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of —

(

a

) the enactments

specified in Schedule 1, and

(

b

) the statutory

instruments specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 7 of 2004

Public Service Superannuation (Miscellaneous Provisions) Act 2004

The whole Act

...

...

...

C3

Application of Act confirmed in certain circumstances (20.05.2008) by

Local Government Services (Corporate Bodies) (Confirmation of Orders) Act 2008

(9/2008), s. 3(4), commenced on enactment.

Confirmation of certain orders under section 3 of Act of 1971.

3.

— ...

(4) The Public Service Superannuation (Miscellaneous Provisions) Act 2004 shall,

in so far as it applied to an officer, servant, employee or member of the staff of

a body established under section 3 of the Act of 1971 immediately before the passing

of this Act, continue to so apply after the passing of this Act.

...

C4

Application of Act confirmed in certain circumstances (21.12.2007) by

Health (Miscellaneous Provisions) Act 2007

(42/2007), s. 5(5), commenced on enactment.

Confirmation of certain orders under section 3 of Act of 1961.

5.

— ...

(5) The Public Service Superannuation (Miscellaneous Provisions) Act 2004 shall, in

so far as it applied to an official, servant, employee or member of the staff of a

body established under section 3 of the Act of 1961 immediately before the passing

of this Act, continue to so apply after the passing of this Act.

...

Section

1.

Interpretation.

2.

New entrant.

3.

Removal of compulsory retirement age for new entrants to public service.

3A.

Age of retirement for relevant public servants.

4.

Compulsory retirement age for new entrants to Garda Síochána.

5.

Amendment of Superannuation (Prison Officers) Act 1919, etc.

6.

Compulsory retirement age and new entrant fire brigade employees.

7.

Compulsory retirement age and new entrants to Permanent Defence Force.

8.

Pension schemes, etc., and new entrants to Permanent Defence Force, etc.

9.

Non application to Chaplaincy Service.

10.

Pensionable age generally.

11.

Pensionable age for new entrants to Houses of Oireachtas, etc.

12.

Accrual rate for pension purposes.

13.

Reckoning for superannuation purposes of service after a specified age.

13A.

Reckoning for superannuation purposes of service by relevant public servants.

14.

Application to existing pension provisions.

14A.

Application to existing retirement provisions.

15.

Removal of doubts.

16.

Short title and collective citation.

SCHEDULE 1

Bodies to which the definition of “Public Service Body” does not apply

SCHEDULE 2

PART 1

Consequential Amendments to Act Relating to

Sections 2(7)

and

11(2)

PART 2

Consequential Amendments to Acts Relating to

Sections 3

and

10

PART 3

Consequential Amendments to Acts Relating to

Section 3A

Number

7

of

2004