(LRC Revised)

Number 37 of 2012

PUBLIC SERVICE PENSIONS (SINGLE SCHEME AND OTHER PROVISIONS) ACT 2012

REVISED

Updated to 19 August 2024

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 Pensions (Single Scheme and Other Provisions) Act 2012

. 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

Courts, Civil Law, Criminal

Law and Superannuation (Miscellaneous Provisions) Act 2024

(30/2024), enacted 23

July 2024, and all statutory instruments up to and including the

Courts, Civil Law,

Criminal Law and Superannuation Act 2024 (Sections 27, 28, 29, 30 and 31)

(Commencement) Order 2024

(S.I. No. 400 of 2024), made 8 August 2024, 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

37

of

2012

PUBLIC SERVICE PENSIONS (SINGLE SCHEME AND OTHER PROVISIONS) ACT 2012

REVISED

Updated to 19 August

2024

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, commencement and collective citations.

2. Definition (

Parts 1

and

2

).

3. Repeals.

4. Expenses.

PART 2

Public Service Pensions

Chapter 1

Preliminary and General (Part 2)

5. Interpretation (

Part 2

).

6. Application (

Part 2

).

7. Application of certain enactments, etc., restricted.

8. Regulations (

Part 2

).

Chapter 2

Single Scheme

Establishment and Membership of Scheme, etc.

9. Scheme and membership.

10. Scheme member, etc.

11. Pensionability of allowances, emoluments and related payments.

12. Pension benefits to be paid to Scheme members or former Scheme members.

13. Normal retirement age.

14. Normal pension age.

15. Application of certain provisions in Acts relating to pre-existing public service

pension schemes.

Contributions by members of the Scheme, etc.

16. Contributions to Scheme, etc.

17. Return of contributions in certain cases.

Calculation of benefits and circumstances for payments under the Scheme

18. Referable amounts.

19. Calculation of retirement benefits.

20. Calculation of retirement benefits — President.

21. Calculation of retirement benefits — qualifying office holders.

22. Calculation of retirement benefits — holders of judicial offices.

23. Calculation of retirement benefits — Comptroller and Auditor General.

24. Calculation of retirement benefits — members of either House of the Oireachtas.

25. Calculation of retirement benefits — designated office holders.

26. Calculation of retirement benefits — Scheme members who may be required to retire early.

27. Cost neutral early retirement.

28. Preservation of benefits.

29. Retirement on medical grounds.

30. Death in service.

31. Obligation to pay benefits under this Chapter.

32. Payment of pension, etc.

33. Survivor’s pension.

34. Grant and payment of survivor’s pension.

35. Children’s pension — grant.

36. Children’s pension — beneficiaries.

37. Children’s pension — to whom paid.

38. Children’s pension — conditions for payment, etc.

39. Children’s pension — calculation of rate and payment.

Pension and other adjustments

40. Adjustment of pension and referable amounts.

Review of Scheme, etc.

41. Review of Scheme.

42. Alteration of contribution rates.

Other provisions

43. Duty of relevant authority to keep records, calculate contributions, etc.

44. Payments out of Central Fund, etc.

45. Repayment of retirement benefits, etc., overpaid.

46. Pensionable remuneration and simultaneous employment in more than one position,

etc.

Chapter 3

Pre-existing Public Service Pension Schemes

47. Extension of

section 40

to pre-existing public service pension schemes.

48. Application of Scheme to certain persons.

Chapter 4

Provisions Applicable to all Public Service Pension Schemes

49. Duty to give information, etc.

50. Use of Personal Public Service Number (PPSN).

51. Duty to make declarations, etc.

52. Abatement and reckoning of pensionable service.

53. Cesser or reduction of benefit.

54. Survivor’s entitlement to pension.

Chapter 5

Consequential Amendments (Part 2)

55. Amendment of Public Service Superannuation (Miscellaneous Provisions) Act 2004.

56. Amendment of section 14 of Teaching Council Act 2001.

57. Amendment of section 41 of Education (Welfare) Act 2000.

58. Amendment of sections 105 and 106 of Planning and Development Act 2000.

59. Amendment of sections 21 and 24 of Environmental Protection Agency Act 1992.

60. Amendment of section 13 of Dublin Institute of Technology Act 1992.

61. Amendment of section 2 of Ombudsman Act 1980.

PART 3

Cost Neutral Early Retirement Provisions for Judges and Certain Court Officers

62. Definitions (

Part 3

).

63. Amendment of section 2 of Act of 1961.

64. Amendment of section 4 of Act of 1961.

65. Amendment of section 5(1) of Act of 1991.

66. Amendment of section 6 of Act of 1991.

PART 4

Amendment of Financial Emergency Measures in the Public Interest Act 2010

67. Definition (

Part 4

).

68. Amendment of section 1 of Act of 2010.

69. Amendment of section 2 of Act of 2010.

70. Amendment of section 4 of Act of 2010.

71. Amendment of section 5 of Act of 2010.

72. Duty to give information, etc.

73. Use of Personal Public Service Number (PPSN).

74. Removal of doubts.

SCHEDULE

BODIES TO WHICH THE DEFINITION OF “PUBLIC SERVICE BODY” DOES NOT APPLY

Acts Referred to

Adoption Act 2010

2010, No. 21

Adoption Acts 1952 to 1998

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

2010, No. 24

Companies Acts

Courts of Justice and Court Officers (Superannuation) Act 1961

1961, No. 16

Court Officers Act 1926

1926, No. 27

Court Officers Acts 1926 to 2008

Courts (Supplemental Provisions) Act 1961

1961, No. 39

Courts (Supplemental Provisions) Acts 1961 to 2008

Courts (Supplemental Provisions) (Amendment) Act 1991

1991, No. 23

Defence Act 1954

1954, No. 18

Defence Acts 1954 to 2007

Defence Forces (Pensions) Acts 1932 to 2004

Dublin Institute of Technology Act 1992

1992, No. 15

Education (Welfare) Act 2000

2000, No. 22

Environmental Protection Agency Act 1992

1992, No. 7

Family Law Act 1995

1995, No. 26

Family Law (Divorce) Act 1996

1996, No. 33

Financial Emergency Measures in the Public Interest Act 2010

2010, No. 38

Fire Services Act 1981

1981, No. 30

Forestry Act 1988

1988, No. 26

Harbours Act 1946

1946, No. 9

Harbours Act 1996

1996, No. 11

Institutes of Technology Act 2006

2006, No. 25

Local Government Act 2001

2001, No. 37

Local Government (Superannuation) Act 1980

1980, No. 8

Medical Practitioners Act 2007

2007, No. 25

Ministerial and Parliamentary Offices Act 1938

1938, No. 38

Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous

Provisions) Act 2001

2001, No. 33

Oireachtas (Allowances to Members) Act 1938

1938, No. 34

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009

2009, No. 29

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

Act 1973

1973, No. 22

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

Pensions Act 1990

1990, No. 25

Pensions (Abatement) Act 1965

1965, No. 13

Pensions (Increase) Act 1964

1964, No. 10

Planning and Development Act 2000

2000, No. 30

Powers of Attorney Act 1996

1996, No. 12

Presidential Establishment Act 1938

1938, No. 24

Public Service Superannuation (Miscellaneous Provisions) Act 2004

2004, No. 7

Social Welfare Acts

Social Welfare Consolidation Act 2005

2005, No. 26

Superannuation Acts 1834 to 1963

Superannuation and Pensions Act 1976

1976, No. 22

Superannuation (Prison Officers) Act 1919

9 & 10 Geo. 5, c. 67

Taxes Consolidation Act 1997

1997, No. 39

Teachers’ Superannuation Acts 1928 and 1990

Teaching Council Act 2001

2001, No. 8

Vocational Education Act 1930

1930, No. 29

Number

37

of

2012

PUBLIC SERVICE PENSIONS (SINGLE SCHEME AND OTHER PROVISIONS) ACT 2012

REVISED

Updated to 19 August

2024

AN ACT TO PROVIDE FOR A SINGLE PUBLIC SERVICE PENSION SCHEME TO BE ESTABLISHED AND

TO APPLY TO NEW ENTRANTS INTO THE PUBLIC SERVICE, TO PROVIDE FOR OTHER PUBLIC SERVICE

PENSION SCHEMES NOT TO APPLY TO NEW ENTRANTS, TO PROVIDE FOR PENSIONS AND OTHER BENEFITS

IN RESPECT OF SERVICE IN THE PUBLIC SERVICE BY NEW ENTRANTS AND TO PROVIDE FOR PENSIONS

UNDER THE SINGLE PUBLIC SERVICE PENSION SCHEME TO BE INDEX-LINKED; TO ENABLE PENSIONS

UNDER OTHER PUBLIC SERVICE PENSION SCHEMES TO BE INDEX-LINKED; TO PROVIDE FOR THE

PROVISION OF INFORMATION NECESSARY FOR THE PROPER OPERATION OF PUBLIC SERVICE PENSION

SCHEMES; TO MODERNISE THE LAW RELATING TO THE ABATEMENT OF PENSIONS IN CERTAIN CIRCUMSTANCES;

TO PROVIDE FOR THE AMENDMENT OF THE PUBLIC SERVICE SUPERANNUATION (MISCELLANEOUS PROVISIONS)

ACT 2004; TO PROVIDE FOR CERTAIN OTHER CONSEQUENTIAL AMENDMENTS; TO MAKE PROVISION

FOR COST NEUTRAL EARLY RETIREMENT FOR JUDGES AND CERTAIN COURT OFFICERS; TO AMEND

THE FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2010; AND TO PROVIDE FOR

RELATED MATTERS.

[28

th July

, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, commencement and collective citations.

2. Definition (

Parts 1

and

2

).

3. Repeals.

4. Expenses.

PART 2

Public Service Pensions

Chapter 1

Preliminary and General (Part 2)

5. Interpretation (

Part 2

).

6. Application (

Part 2

).

7. Application of certain enactments, etc., restricted.

8. Regulations (

Part 2

).

Chapter 2

Single Scheme