Public Service Superannuation (Age of Retirement) Act 2018
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: In this Act, “Principal Act” means the Public Service Superannuation (Miscellaneous Provisions) Act 2004 .
num: 2
paragraphs: Section 1(1) of the Principal Act is amended by the insertion of the following definitions:
“ ‘Act of 2012’ means the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 ;
‘relevant public servant’ means a public servant who is not any of the following:
(a) a member of either House of the Oireachtas or a member of the European Parliament;
(b) the holder of a qualifying office;
(c) a new entrant;
(d) a Scheme member;
(e) a person to whom, if he or she were a Scheme member, section 13(4) or 26(1) of the Act of 2012 would apply;
(f) a person who—
(i) before the coming into operation of section 3 of the Public Service Superannuation (Age of Retirement) Act 2018, retired from a public service body upon or after attaining the age of 65 years, and
(ii) on the coming into operation of that section, is employed by a public service body;
(g) a person who is employed by the Central Bank of Ireland;
‘Scheme member’ has the same meaning as it has in the Act of 2012;”.
num: 3
paragraphs: The Principal Act is amended by the insertion of the following section after section 3:
“3A. (1) A relevant public servant shall retire from being a public servant at the latest upon attaining the age of 70 years or, where a higher age is prescribed by order under subsection (2), upon attaining that higher age.
(2) Subject to subsection (3), the Minister may, by order, prescribe an age, being higher than 70 years, upon the attainment of which all relevant public servants shall, at the latest, retire.
(3) Before making an order under subsection (2), the Minister shall have regard to—
(a) the likely effect of the order on recruitment, promotion and retention of staff in the public service as a whole,
(b) the pensionable age applicable at the time of making the order,
(c) any evidence of an increase in normal life expectancy in the State made available by the Central Statistics Office from time to time,
(d) the likely cost (if any) to the Exchequer that would result from the order,
(e) any order made under section 13(2) of the Act of 2012, and
(f) such other matters as the Minister considers appropriate.
num: 4
paragraphs: The Principal Act is amended by the insertion of the following section after section 13:
“13A. Subject to accruing a maximum pension as provided for by or under any enactment or public service pension scheme, any restriction on reckoning for superannuation purposes of service rendered to a public service body after a person reaches a specified age shall, in the case of a relevant public servant, be read as applying only to service rendered by that person to that body after the age of 70 years or, where a higher age is prescribed by order under section 3A(2), that higher age, subject to any extension provided for in a public service pension scheme made, approved or consented to by the Minister for Education and Skills, with the consent of the Minister.”.
num: 5
paragraphs: The Principal Act is amended by the insertion of the following section after section 14:
“14A. The provisions of any public service pension scheme or statutory instrument (within the meaning of the Interpretation Act 2005 ) that require, or the effect of which is to require, a relevant public servant to retire or cease holding office or employment upon attaining a specified age shall be read, subject to this Act, as requiring the relevant public servant to retire or cease to hold office upon attaining the age of 70 years or, where a higher age is prescribed under section 3A(2), upon attaining that higher age, subject to any extension provided for in any such scheme or instrument as is made, approved or consented to by the Minister for Education and Skills, with the consent of the Minister.”.
num: 6
paragraphs: Schedule 1 to the Principal Act is amended—
(a) by the insertion of the following paragraph after paragraph 1:
“1A. A body corporate established by Act of Parliament before 6 December 1922 that, upon its establishment, was of a commercial character.”,
and
(b) by the insertion of the following paragraphs after paragraph 18:
“18A. Shannon Group p.l.c.
18B. TeilifÃ­s na Gaeilge.”.
num: 7
paragraphs: The Principal Act is amended by the insertion of the text set out in the Schedule as Part 3 of Schedule 2 to that Act.
num: 8
paragraphs: Section 29 of the Public Service Pay and Pensions Act 2017 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) In this Part, ‘pensionable pay’, in relation to a public servant and in respect of a specified period, means—
(a) basic pay (excluding overtime) due to the public servant in respect of that period, and
(b) allowances, emoluments or premium pay (or its equivalent) so due to him or her which, by virtue of subsection (2), are treated as pensionable pay,
but does not include the amount of any such basic pay, allowances, emoluments or premium pay (or its equivalent) forgone under any salary sacrifice arrangement specifically approved by the Revenue Commissioners in relation to the provision to that public servant of an exempt employee benefit.”,
and
(b) by the insertion of the following subsection after subsection (4):
“(5) In this section—
‘Act of 1997’ means the Taxes Consolidation Act 1997 ;
‘exempt employee benefit’ means a benefit specifically approved by the Revenue Commissioners which is referred to in section 118B(2)(a)(i) or (iii) of the Act of 1997;
‘salary sacrifice arrangement’ has the same meaning as it has in section 118B of the Act of 1997.”.
num: 9
paragraphs: (1) This Act may be cited as the Public Service Superannuation (Age of Retirement) Act 2018.
(2) This Act shall be included in the collective citation of the Public Service Superannuation (Miscellaneous Provisions) Acts 2004 to 2018