Secondary, Community and Comprehensive School Teachers Pension Scheme 2009
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Scheme may be cited as the Secondary, Community and Comprehensive School Teachers Pension Scheme 2009.
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paragraphs: (1) In this Scheme—
(a) the annual sum payable to a member in accordance with salary scales published from time to time by the Minister with the consent of the Minister for Finance, and
(b) in respect of periods worked on or after 1 August 1996 on a part-time basis, the hourly rate payable to a member multiplied by 735,
(a) is in receipt of funds provided by the Oireachtas in respect of the education activities for students of that school or the remuneration of teachers in that school, and
(b) in the case of a school operating on or after 22 December 2000, is recognised under section 10 of the Education Act 1998 ,
(a) in the case of a member working on a full time basis, 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, or
(b) in the case of a member working on a part-time basis, a figure determined by the formula C x 365/735 where C is the number of hours worked in each year.
(2) This section shall be deemed to have come into operation on 17 May 1929.
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paragraphs: This Part shall be deemed to have come into operation on 17 May 1929.
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paragraphs: (1) Subject to paragraph (2), each of the following persons is automatically a member of this Part:
(a) a person appointed on or after 1 September 2001 as a teacher in a secondary school, community school or comprehensive school or a chaplain in a community school or comprehensive school;
(b) a person appointed to full time or part-time service (provided that such part-time service constitutes quasi-permanent employment) on or after 1 August 1996 and before 1 September 2001 and who is—
(i) a qualified teacher in a secondary school, community school or comprehensive school, or
(ii) a chaplain in a community school or comprehensive school.
(2) The persons described in subparagraph (a) and (b) of paragraph (1) are automatically members only if—
(a) they were appointed to a post specified in the relevant subparagraph on or after 1 March 1996 for the first time or after a break in service that ended on or after 1 March 1996; and
(b) in the case of a person appointed as a teacher in a secondary school who was not in receipt of remuneration paid by the Minister, the reason that the remuneration was not paid by the Minister was for some reason other than the fact that the school in which he or she is employed has exceeded its quota of teachers determined by the Minister.
(3) Each of the following persons are eligible for membership in this Part:
(a) in the case of a person described in subparagraph (a) or (b) of paragraph (1) who is appointed as a teacher in a secondary school, the teacher did not receive remuneration paid by the Minister solely by reason of the fact that the school in which he or she is employed has exceeded its quota of teachers determined by the Minister;
(b) a person appointed before 1 August 1996 at the age of not less than 21 years and who was—
(i) a registered secondary teacher serving in a full time post in a secondary school without an interruption in service and who was receiving remuneration paid by the Minister or was not receiving remuneration paid by the Minister solely because the school had exceeded its quota of teachers sanctioned by the Minister,
(ii) serving in comprehensive school or community school in a permanent teaching post without an interruption in service,
(iii) serving in comprehensive school or community school in the post of chaplain without an interruption in service where his or her appointment occurred on or after 1 August 1990, or
(iv) serving as a teacher in a full time post in a preparatory college without an interruption in service.
(4) A person who is eligible for Part 2 membership under paragraph (3) may apply to the Minister for Part 2 membership and the application must be in such form as the Minister may determine and contain such information that the Minister may require to determine eligibility for benefits and for the proper operation of this Scheme.
(5) A person who applies for Part 2 membership and who is not a person serving in a permanent teaching post in a community school may be admitted to such membership from a date not earlier than 15 months before the date on which the application was received by the Minister.
(6) The rights and entitlements in respect of superannuation of every person who becomes a Part 2 member as a result of being transferred, at the direction of the Minister, from a school established or maintained by a vocational education committee to a community school or comprehensive school, shall not, by virtue of such transfer, be any less beneficial than those rights and entitlements enjoyed by that person immediately before such commencement.
(7) A teacher or chaplain serving in a permanent post in a community school may apply, at any time before 1 August 1996, to withdraw from Part 2 membership and he or she is entitled to a refund of the contributions paid in respect of the service in question.
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paragraphs: (1) In this Part “pensionable remuneration” means the aggregate of—
(a) retiring salary,
(b) pensionable allowances, and
(c) pensionable supervision and substitution payments.
(2) In this Article, “retiring salary” means—
(a) subject to subparagraph (b), the annual rate of salary payable to the member at the date of his or her retirement or death, or
(b) in the case of a member who is working on a part-time basis—
(i) where such service is given under a regular part-time contract, a rate of salary equal to the full time equivalent annual rate of salary to that which he or she is paid at the date of his or her retirement or death, or
(ii) where such service is given otherwise that under a regular part-time contract and is paid on an hourly basis, the hourly rate of salary payable to him or her at the date of his or her retirement or death multiplied by 735.
(3) For the purposes of paragraph (2), in the case of a person on an approved leave without pay at the date of his or her retirement or death, the rate of salary or hourly rate of salary payable to him or her means the rate which would have been paid if he or she were not on an approved leave without pay.
(4) (a) Subject to subparagraphs (c) to (f), for the purposes of this Article pensionable allowances in respect of any member who ceases pensionable service on or after 1 August 1986 shall comprise the aggregate of the annual rate of each such allowance (in this paragraph referred to as a “relevant allowance”) held on the last day of pensionable service, provided that such allowance has been held throughout the last 3 years of pensionable service immediately preceding retirement or death.
(b) For the purposes of this paragraph, in the case of a person on an approved leave without pay at the date of his or her retirement or death, the rate of allowance held by him or her means the rate which would have been held if he or she were not on an approved leave without pay.
(c) If throughout the last 3 years of such pensionable service, the pensionable allowances for the purposes of this Article shall, subject to subparagraphs (e) and (f), comprise the average of the relevant allowance or allowances determined in accordance with subparagraph (d).
(d) The average of a relevant allowance shall be determined by multiplying the annual rate of the allowance appropriate on the last day of pensionable service by 1/1095 and multiplying that result by the number of days during the last three years of pensionable service in respect of which the allowance was payable.
(e) Subparagraph (d) shall not apply to a relevant allowance where a member—
(i) dies in service and who, but for his or her death, would have had the potential of holding the allowance for not less than 3 years of pensionable service, before 31 August in the year in which he or she would have reached 65 years, or
(ii) retires or is retired on grounds of permanent infirmity before 60 years of age and who, but for his or her retirement, would have had the potential of holding the allowance, for not less than 3 years of pensionable service, on reaching such age.
(f) The pensionable allowances, for the purposes of this Article, for a member referred to in subparagraph (e) shall be the aggregate of the annual rate of each such allowance held on the date of retirement or death.
(5) (a) Subject to the provisions of this paragraph, for the purposes of this Article pensionable supervision and substitution payments shall comprise the average annual payments made to a member as a result of his or her entering into a commitment on or after 1 September 2004 to undertake supervision or substitution duties, or both, and fulfilling that commitment up to and including his or her last day of pensionable service.
(b) Relevant payments for a period of 37 hours per school year (or any lesser but not any greater period) may comprise a pensionable supervision and substitution payment.
(c) The average annual pensionable supervision and substitution payments shall be determined as follows:
(i) if the member received payments in each of the final 3 years of pensionable service, by aggregating the amount of the payments paid in those years and dividing the result by 3;
(ii) if, in the member’s last 3 years of pensionable service, the member received payments in only the final 2 years, by aggregating the amount of the payments paid in those years and dividing the result by 2;
(iii) if, in the member’s last 3 years of pensionable service, the member received payments in only the final year, by aggregating the amount of the payments paid in that year.
(d) (i) If a member who has entered into a commitment referred to in subparagraph (a) fails to fulfil the commitment, none of the payments received by the member under that commitment or any future commitment shall be treated as supervision and substitution payments for the purposes of this paragraph.
(ii) A member to whom clause (i) applies is not entitled to a refund of pension contributions in respect of payments for supervision or substitution duties.
(iii) Clause (i) shall not apply to a member who fails to fulfil the commitment referred to in subparagraph (a) up to and including his or her last day of pensionable service where this failure is caused by—
(I) his or her absence on approved sick leave, or
(II) some other reason not caused by the member’s own fault or negligence.
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paragraphs: (1) For the purposes of this Part, pensionable service shall, subject to a maximum of 40 years, comprise the aggregate of—
(a) service given as a teacher in a secondary school, community school or comprehensive school or a chaplain in a community school or comprehensive school on or after the date of commencement of Part 2 membership (not being service falling within subparagraph (c) of this paragraph) and, in the case of a member who is not a new entrant, such service shall exclude service given after compulsory retirement age;
(b) service given in a full time position as a teacher in a secondary school, community school or comprehensive school or chaplain in a community school or comprehensive school before the date of commencement of Part 2 membership that has been purchased in accordance with Article 58;
(c) service given in a part-time position as a teacher in a secondary school, community school or comprehensive school or chaplain in a community school or comprehensive school on or after the date of commencement of Part 2 membership—
(i) where such service was given on or after 1 September 2001, all such service which shall be credited on a pro rata basis to full time service and, in the case of service given otherwise than under a regular part-time contract, such crediting shall be in accordance with the formula specified in Table 1 to this Article,
(ii) where such service was given on or after 1 August 1996 and before 1 September 2001—
(I) if given under an eligible part-time contract, all such service so given calculated in accordance with the formula specified in Table 2 to this Article,
(II) if given otherwise than under an eligible part-time contract—
(A) in the case of a member who gave not less than 300 hours of service in a school year, all such service calculated in accordance with the formula specified in Table 3 to this Article,
(B) in the case of a member who gave less than 300 hours of service in a school year, such of that service calculated by applying the formula specified in Table 4 to this Article to only so much of the hours so worked that comprise 9 or more hours worked in the week or each of the weeks concerned,
(iii) where such service was given before 1 August 1996—
(I) if given under an eligible part-time contract—
(A) in the case of a member who was contracted to teach more than 21 hours per week, service equivalent to that of a member in full time service, or
(B) in the case of a member who was contracted to teach 21 hours or less per week, service equivalent to half that of a member in full time service,
(II) if given otherwise than under an eligible part-time contract—
(A) in the case of a member who gave not less than 300 hours of service in a school year, service equivalent to half that of a member in full-time service, or
(B) in the case of a member who gave less than 300 hours of service in a school year, service for each week in which 9 or more hours were given shall be credited in accordance with the formula specified in Table 5 to this Article;
(d) service given in a part-time position as a teacher in a secondary school, community school or comprehensive school or chaplain in a community school or comprehensive school before the date of commencement of Part 2 membership that has been purchased in accordance with Article 58 and the amount of service shall be determined in accordance with clauses (i) to (iii) of subparagraph (c);
(e) service that is pensionable under an approved pension scheme and that has been transferred to this Scheme in accordance with arrangements approved by the Minister for the Environment, Heritage and Local Government or the Minister for Finance;
(f) in the case of a member who has preserved benefits in accordance with Article 8 and in respect of whom there is a transfer value for pension benefits from a pension scheme that is not an approved pension scheme, such additional service as the amount of the transfer value will purchase in accordance with conditions determined by the Minister for Finance;
(g) notional service which he or she opts to purchase in accordance with Chapter 2 of Part 4;
(h) ill-health notional service as defined in paragraph (3);
(i) periods during which a member was absent from approved service at a secondary school, community school or comprehensive school due to industrial action provided such periods are approved by the Minister and the Minister for Finance; and
(j) special leave without pay under a contract to work in a programme funded or recognised by the organisation known as Irish Aid up to a maximum period of 2 years if the term of work under the contract is 6 months or longer and the person is a member of this Scheme at the beginning of the contract.
(2) No member is entitled to a period of pensionable service, other than ill-health notional service as defined in paragraph (3), unless the appropriate contributions for that service have been paid.
(3) (a) A member in full time or part time service at a secondary school, community school or comprehensive school who has completed 5 or more years of actual pensionable service and who retires, or is retired, on medical grounds in accordance with the provisions of Article 9(1) may, at the discretion of the Minister, have a period of notional service (referred to subsequently in this Article as “ill-health notional service”) added to his or her actual pensionable service, provided that the aggregate of pensionable service and ill-health notional service does not exceed 40 years.
(b) Subject to subparagraph (c), the amount of ill-health notional service which a member in full time service may receive shall be as follows:
(i) a member whose actual pensionable service is not less than 5 years but less than 10 years shall receive an amount of ill-health notional service equal to whichever of the following is the lesser:
(I) the amount of actual pensionable service at date of retirement, or
(II) such amount as would, combined with his or her actual pensionable service, equal the pensionable service which he or she would have had if he or she had retired at compulsory retirement age or, in the case of new entrants, had retired at 65 years of age,
(ii) a member whose actual pensionable service is not less than 10 years but less than 20 years shall receive an amount of ill-health notional service equal to whichever of the 2 amounts of service specified in the following subclauses (I) and (II) is the greater:
(I) an amount of service equal to whichever of the following is the lesser:
(A) the period by which 20 years exceeds the said actual pensionable service, or
(B) such amount as would, combined with his or her actual pensionable service, equal the pensionable service which he or she would have had if he or she had retired at compulsory retirement age or, in the case of new entrants, had retired at 65 years of age,
(II) an amount of service equal to whichever of the following is the lesser:
(A) 6 years and 243 days, or
(B) such amount as would combined with his or her actual pensionable service equal the pensionable service which he or she would have had if he or she had retired at 60 years of age,
(iii) a member with more than 20 years of actual pensionable service at retirement shall receive an amount of ill-health notional service equal to whichever of the following is the lesser:
(I) 6 years and 243 days, or
(II) the amount by which the pensionable service he or she would have had if he or she had served until 60 years of age exceeds his or her pensionable service at retirement.
(c) If the member is serving under a fixed term contract, the maximum amount of ill-health notional service which a member may receive is the term of service under the contract.
(d) The amount of ill-health notional service which a member in part-time service may receive shall be the pro rata share of the amount of ill-health notional service that the member would receive under subparagraph (b) based on the member’s actual part-time service given pursuant to the arrangement under which the member was working at the time of his or her retirement.
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paragraphs: (1) A member is, on retirement, entitled to receive benefits in accordance with paragraph (3) or (4) where he or she—
(a) in the case of a new entrant, has attained 65 years of age and has at least 2 years actual pensionable service;
(b) in the case of a member who is not a new entrant, has attained—
(i) 60 years of age and retires—
(I) on or after 2 June 2002, provided that he or she has at least 2 years actual pensionable service,
(II) on or after 30 June 1976 and before 2 June 2002, provided that he or she has at least 5 years actual pensionable service, or
(III) before 30 June 1976, provided that he or she has at least 10 years actual pensionable service;
(ii) 55 years of age and has—
(I) not less than 35 years actual pensionable service,
(II) on or after 1 September 1996, not less than 34 years actual pensionable service where the member’s training before entry to teaching was of not less than 3 years’ duration but not more than 4 years’ duration, or
(III) on or after 1 September 1996, not less than 33 years actual pensionable service where the member’s training before entry to teaching was not less than 4 years’ duration.
(2) A member shall be regarded as having at least 2 years actual pensionable service under paragraph (1) if—
(a) in the case of a member who is working on a casual basis, he or she has been employed to teach on 334 school days, and
(b) in all other cases, he or she has been employed to teach under a contract of employment for a period or periods comprising not less than 730 days.
(3) Subject to the provisions of this Part, a member shall on retirement have a right to receive—
(a) a gratuity comprising a single payment of 3/80ths of his or her pensionable remuneration, and
(b) a pension comprising—
(i) in the case of a member who is not a fully insured member, 1/80th of his or her pensionable remuneration,
(ii) in the case of a fully insured member who retires on or after 1 January 2004, the total of the following subclauses—
(I) 1/200th of such pensionable remuneration as does not exceed the threshold derived by multiplying the maximum personal rate of State pension (contributory) applicable on the last day of pensionable service by 3.333333,
(II) 1/80th of such pensionable remuneration as exceeds the said threshold,
(iii) in the case of a fully insured member who retires before 1 January 2004, 1/80th of his or her net pensionable remuneration,
(4) Where a member retires on medical grounds in accordance with Article 9, he or she shall have a right to receive—
(a) a benefit in accordance with paragraph (3) where he or she has not less than 5 years actual pensionable service;
(b) a gratuity comprising a single payment of 1/12th of his or her pensionable remuneration plus 3/80ths of his or her pensionable remuneration for each year of pensionable service where he or she—
(i) has not less than 2 years but less than 5 years actual pensionable service, and
(ii) accepts in writing such a gratuity in lieu of the preserved benefits payable to him or her under Article 8(2) in the case of a member in pensionable service on or after 2 June 2002;
(c) a gratuity comprising a single payment of 1/12th of his or her pensionable remuneration for each year of pensionable service where he or she has less than 2 years actual pensionable service.
8. (1) (a) Where a member dies while in pensionable service, his or her personal representative shall have a right to receive the greater of—
(i) his or her pensionable remuneration, or
(ii) the gratuity that would have been payable to him or her had the member retired on medical grounds on the date of his or her death.
(b) Where a former member who has been paid a benefit under this Part, other than a benefit under paragraph (2), subsequently dies and the benefit payable or paid in respect of pension, including any amount which would have been payable had the provisions of Article 12 not applied to him or her, and gratuity, subtracting any deductions required to be made in respect of non-periodic contributions under Part 3, is less than the gratuity which could have been granted to his or her personal representative if he or she had died on the date of his or her retirement, then such personal representative shall be eligible to receive a gratuity equal to the deficiency.
(2) (a) Where a person ceases to be a member—
(i) before 2 June 2002 on other than medical grounds, or
(ii) on or after 2 June 2002, on any grounds,
(I) where he or she so ceases to be a member on or after 2 June 2002, he or she has not less than 2 years actual pensionable service,
(II) where he or she ceases to be a member on or after 30 June 1977 and before 2 June 2002, he or she has not less than 5 years actual pensionable service, or
(III) where he or she ceases to be a member before 30 June 1977, he or she has not less than 10 years actual pensionable service,
(b) Where a former member who is eligible to retire under Article 7(1)(b) dies before attaining 60 years of age, a preserved death gratuity shall be payable to the person’s personal representative in respect of him or her.
(c) An application for payment of a preserved gratuity and preserved pension to or in respect of a member eligible therefor under this paragraph shall be made to the Minister by the member at any time after attaining 60 years of age or, in the case of a new entrant, after attaining 65 years of age.
(d) (i) A preserved gratuity or preserved death gratuity shall not exceed an amount obtained by the formula:
3A X B
80
where—
A is the number of years of pensionable service subject to a maximum of 40 years, and
B is the pensionable remuneration at the date of resignation of the member, taking into account pension increases that correspond to matching pensions increases granted in the interval between the date of resignation and—
(I) in the case of a preserved gratuity, the date on which he or she attains 60 years of age or, in the case of a new entrant, 65 years of age, or
(II) in the case of a preserved death gratuity, the date of his or her death.
(ii) A preserved pension shall not exceed an amount obtained by the formula:
A X B
80
where—
A is the number of years of pensionable service, subject to a maximum of 40, and
B is the pensionable remuneration or, in the case of a fully insured member, net pensionable remuneration, at date of resignation of the member, taking into account pay increases that correspond to matching pensions increases granted in the interval between the date of resignation and the date on which the member attains 60 years of age or, in the case of a new entrant, 65 years of age.
(e) A member who is referred to in Article 7(1)(b)(i) may claim either separate preserved pensions or a single aggregated pension in respect of—
(i) pensionable service which was as a fully insured member, and
(ii) pensionable service which was not as a fully insured member,
(f) A member with any combination of service specified in subparagraph (e) who subsequently becomes a new entrant may on retirement:
(i) before attaining 65 years of age, claim a preserved pension in respect of pensionable service specified in subparagraph (e), and
(ii) at 65 years of age, claim either separate preserved pensions or a single aggregated pension in respect of:
(I) pensionable service as specified in subparagraph (e), and
(II) pensionable service as a new entrant,
(3) (a) A supplementary pension shall, on application, be payable to a fully insured member or to a member whose pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured where he or she—
(i) is in receipt of a pension under this Part,
(ii) is unemployed, and
(iii) due to causes outside his or her control fails to qualify for social welfare benefit or qualifies for social welfare benefit at a reduced rate,
(b) The amount of supplementary pension payable shall be the amount, if any, arrived at by the formula:
A - (B+C)
where—
A is the amount of the pension which would be payable to the former member if such pension had been calculated by reference to pensionable remuneration rather than net pensionable remuneration,
B is the amount of the pension actually payable to the former member, and
C is the annual amount of the reduced rate of the social welfare benefit, if any, which is payable to the former member.
(c) A separate supplementary pension shall be payable in respect of each preserved pension to which a member is entitled under paragraph (2)(e) or (f).
(4) Where a member retires on other than medical grounds on or after 2 June 2002 and—
(a) has less than 2 years actual pensionable service, and
(b) does not transfer his or her pensionable service under this Part to an approved pension scheme,
(5) For the purposes of determining whether the requirement under this Article or Article 7 as respects service for payment of a benefit is satisfied, each week of pensionable part-time service shall be reckoned as a week of full time pensionable service.
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paragraphs: (1) Where a member retires or is retired on medical grounds, a benefit under Article 7(4) shall be payable provided that—
(a) he or she supplies to the Minister sufficient medical evidence to satisfy the Minister that such member is incapable by reason of infirmity of mind or body of discharging his or her duties as a teacher or chaplain and that the infirmity is likely to be permanent;
(b) he or she, if requested by the Minister, undergoes a medical examination carried out by a registered medical practitioner nominated by the Minister;
(c) such infirmity has not been caused by the member’s own fault or negligence; and
(d) he or she did not make a false declaration about, or suppress a material fact concerning, his or her health when applying for a post to which this Part applies.
(2) Where any of the conditions specified in paragraph (1) are not satisfied, preserved benefits under Article 8(2) shall apply in substitution for any benefit under Article 7(4).
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paragraphs: Save as is otherwise provided for in this Part, pensions and preserved pensions payable under this Part shall be paid fortnightly in arrears and shall continue during the lifetime of a former member.
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paragraphs: (1) Each member shall pay a contribution calculated in accordance with this Article in respect of the member’s pensionable service referred to in the following paragraphs from the date he or she becomes a member.
(2) (a) In the case of periodic contributions for service referred to in Article 6(1)(a) and (c)(i), the contribution shall comprise 5% of remuneration, or in the case of a fully insured member, 3.5% of net remuneration and 1.5% of remuneration.
(b) In the case where it was not possible to pay periodic contributions for service referred to in Article 6(1)(c), the non-periodic contributions for that service shall comprise 5% of remuneration, or in the case of a fully insured member, 3.5% of net remuneration and 1.5% of remuneration—
(i) in the case of service given on or after 1 September 2001, at the rates applicable at the time the service was given, and
(ii) in the case of service given before 1 September 2001, at the rate applicable on 20 December 2001.
(c) In the case of non-periodic contributions for service referred to in Article 6(1)(i), the contributions shall comprise 5% of remuneration or, in the case of a fully insured member, 3.5% of net remuneration and 1.5% of remuneration payable on retirement and the remuneration and net remuneration shall be based on the member’s remuneration on his or her last day of pensionable service before retirement;
(d) In the case of non-periodic contributions for periods of special leave referred to in Article 6(1)(j), the contributions shall be determined in accordance with Article 52.
(e) For the purposes of this paragraph, “remuneration” means—
(i) in the case of a member who is working on a full-time basis, the remuneration he or she actually receives, or
(ii) in the case of a member who is working on a part-time basis and who—
(I) is in receipt of pro rata pay — a pro rata amount of the remuneration payable in respect of notional full time service, or
(II) is not in receipt of pro rata pay and is paid on an hourly basis, a pro rata amount of the relevant hourly part-time rate payable multiplied by 735.
(3) (a) There shall be payable, in accordance with subparagraph (b), to the Minister by the board of management of a secondary school in which a member is in full time service a contribution, in respect of such member, comprising €25.40 per annum in respect of the period for which such member gives pensionable service.
(b) The contribution by a board of management of a school shall become due and owing on the expiration of each school year and shall be deducted from the payment of capitation grant to the school or, where the board of management does not receive such a grant, shall be paid by the board to the Minister.
(c) A contribution comprising €25.40 per annum shall be paid into a fund by the Minister at the expiration of each school year in respect of each member in a comprehensive school, community school or preparatory college who is in full time service in such year.
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paragraphs: (1) Where a member whose contributions have been refunded to him or her under Article 8(4) is re-employed in pensionable service before 1 September 2009, the service for which such contributions were refunded may be reckoned provided that he or she pays to the Minister the amount of the contributions refunded to him or her plus compound interest on the amount refunded plus the amount deducted in respect of liability for income tax at the rate of 3 per cent per annum with half-yearly rests from the date of payment to him or her and, with effect from 14 November 2000, at the rate of 4 per cent per annum with half-yearly rests.
(2) The Minister may agree to accept payment under paragraph (1) by instalments, provided that interest at the rates provided for in paragraph (1) applies to the outstanding balance.
(3) Where a member whose contributions have been refunded to him or her under Article 8(4) is re-employed in pensionable service on or after 1 September 2009, the service for which such contributions were refunded may be reckoned provided that he or she pays the Minister contributions calculated in accordance with Article 11(2) based on the remuneration, excluding yearly increments in salary and pensionable allowances, that the member would have received at the time of paying the contribution if the member had continued in pensionable service.
(4) The Minister may agree to accept payment under paragraph (3) by instalments, provided that the remuneration used to calculate the payment of an instalment is based on the remuneration, excluding yearly increments in salary and pensionable allowances, that the member would have received at the time of paying the instalment if the member had continued in service.
(5) Where a former member who has retired on grounds of ill-health and been awarded a pension and gratuity, or a gratuity only, and is subsequently appointed to pensionable service, the amount of any gratuity awarded to the person on his or her subsequent retirement from that service shall be reduced by the amount of the gratuity paid to him or her on the occurrence of the first retirement.
(6) Where a former member who has retired and been awarded a pension and gratuity, or a gratuity only, and is subsequently appointed to pensionable service under this Part, no more of any pension or preserved pension payable to him or her shall be paid for any period of receipt of the payment under that pensionable service as may be specified by the Minister than so much as, with such payment, equals the remuneration which the person would have received in respect of such period if, during it, he or she—
(a) held the position in which he or she served on the last day of his or her pensionable service, and
(b) was remunerated at the rate of remuneration which he or she was in receipt of on that date.
(7) For the purposes of paragraph (6) if, subsequent to the former member’s last day of pensionable service in the position referred to in subparagraph (a) of that paragraph—
(a) changes have taken place in the rate of remuneration referred to in that paragraph, or
(b) where that position has ceased to exist, changes to the said rate would have taken place if that position had not ceased to exist,
num: 13
paragraphs: (1) Subject to paragraph (2), a member shall not be entitled to reckon—
(a) the same period of service more than once unless, in the case of a gratuity, he or she has repaid a gratuity having an entitlement to do so,
(b) the same period of service for the purposes of this Part and also for the purposes of an approved pension scheme, or
(c) service in any week which brings total service in respect of that week to more than full time service for the purposes of this Part.
(2) The restrictions under paragraph (1) shall not apply to a member of a pension scheme made pursuant to the Oireachtas (Allowances to Members) Act 1938 (No. 34 of 1938).
(3) Where a member of this Part is a member of either House of the Oireachtas, he or she shall discount the teaching service which overlaps with the minimum service needed to acquire a full Ministerial pension.
num: 14
paragraphs: (1) In this Part—
(a) a child adopted by a member of a Chapter of this Part (whether alone or jointly with any other person) either in pursuance of an adoption order or in accordance with the law of a country or territory other than the State and recognised by the law of the State as valid, or
(b) in the case of a member of a Chapter of this Part and who is married and applies, before the termination of his or her contributing membership, for an adoption order in respect of a child and dies before the adoption procedure is completed and the child is subsequently adopted by the member’s spouse, that child from the date on which the member has had custody of him or her;
(2) This section shall be deemed to have come into operation on 23 July 1968.
num: 15
paragraphs: This Chapter shall be deemed to have come into operation on 1 April 2004.
num: 16
paragraphs: (1) In this Chapter—
(a) under 16 years of age,
(b) under 22 years of age and who is—
(i) receiving full-time instruction at any university, college, school or other educational establishment, or
(ii) undergoing full-time instruction or training approved by the Minister and provided by any person (in this Chapter referred to as “the employer”) for any vocation, profession or trade, or
(c) permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself and who, when his or her permanent incapacity first occurred, was a person described in any of the foregoing paragraphs of this definition;
(a) in the case of a person who is awarded a pension otherwise than on retirement on medical grounds—
(i) where he or she is not fully insured, the amount of such pension, or
(ii) where he or she is fully insured or where the pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, the greater of the following:
(I) the amount of such pension;
(II) the amount of the pension which would have been granted to him or her if it had been calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme);
(b) in the case of a person who is awarded a pension on retirement on medical grounds, the amount of the pension which would have been granted to him or her if it fell to be calculated by reference to—
(i) his or her pensionable remuneration, or in the case of person who is fully insured or where the pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, his or her net pensionable remuneration (Spouses’ and Children’s Scheme), at the date of retirement taking into account any pay increases that correspond to matching pensions increases granted during the period between retirement and death, and
(ii) the pensionable service which he or she would have had if he or she has served until compulsory retirement age or, in the case of a new entrant, 65 years of age;
(c) in the case of a deceased person to whom a preserved pension was payable—
(i) where he or she is not fully insured, the amount of such pension, or
(ii) where he or she is fully insured or where the pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, the greater of the following:
(I) the amount of such pension;
(II) the amount of the preserved pension which would have been granted to him or her if it had been calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme) instead of net pensionable remuneration at the date of resignation taking into account any pay increases that correspond to matching pensions increases granted during the period between resignation and death;
(d) in the case of a person who resigned with entitlement to a preserved pension under Article 8, and who subsequently died before attaining 60 years of age or, in the case of a new entrant, 65 years of age, or before making application for a preserved pension, an amount equal to—
where—
D is the number of years of pensionable service at the date of resignation, subject to a maximum of 40 years, and
E is such person’s pensionable remuneration or, in the case of a person who is fully insured or where the pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, his or her net pensionable remuneration (Spouses’ and Children’s Scheme) at the date of resignation taking into account pay increases that correspond to matching pensions increases granted during the period between resignation and death;
(e) in the case of a person who dies while serving as a member, the pension for which he or she would be eligible if paragraph (b) of this definition applied;
(2) Where, in relation to a person referred to in paragraph (b) of the definition of “child” in paragraph (1), a break occurs in his or her full-time instruction or training then, unless the Minister otherwise directs, he or she shall, for the duration of such break, be regarded as having ceased to be a child for the purposes of this Chapter.
(3) The following persons shall not be regarded as a child within the meaning of this Chapter, namely:
(a) a person who was not wholly or mainly dependent on a member or former member immediately preceding the member’s death,
(b) a person who is married or is cohabiting with another as man and wife, or
(c) a person referred to in paragraph (b)(ii) of the definition of “child” in paragraph (1) to, or in respect of whom, emoluments in respect of such instruction or training are payable by, or on behalf of, the employer and which are of such an amount as makes the person self-supporting,
num: 17
paragraphs: (1) Each of the following persons is a Chapter 2 member:
(a) a person admitted to Part 2 membership for the first time on or after 1 September 2005;
(b) a person admitted to Part 2 membership during the period from 1 September 2005 to 31 March 2006 and who was previously a member of Part 2 but had not retired on pension from such membership or, where he or she had so retired, was then a Chapter 2 member or a Chapter 3 member, provided that he or she was not a member of Part 2 at any time during the period from 31 March 2004 to 31 August 2005;
(c) a person admitted to Part 2 membership after 31 March 2006 and who was previously a member of Part 2 but had not retired on pension from such membership or, where he or she had so retired, was then a Chapter 2 member or a Chapter 3 member;
(d) a member of Part 2 at any time during the period from 31 March 2004 to 31 August 2005 and who exercised an option to become a Chapter 2 member before 1 April 2006;
(e) any person admitted to Part 2 membership on or after 1 September 2005 and who had previously retired from Part 2 membership on pension but was not then a Chapter 2 member or a Chapter 3 member, provided that, within 6 months of being notified of the non-periodic contributions due in respect of the period of Part 2 membership given before such retirement, he or she made payment of the contributions in question.
(2) A person who exercises an option to become a Chapter 2 member shall be liable for the payment of periodic contributions, with effect from 1 April 2004, or the date of his or her appointment, if later.
(3) Where a person who is entitled to exercise an option to become a Chapter 2 member dies without having exercised the option before 1 April 2006, the option may be exercised by the person’s spouse or personal representative not later than 3 months after the grant of probate in respect of the person’s estate.
num: 18
paragraphs: Subject to the provisions of this Chapter, the Minister shall, on the death of member or former member of Chapter 2 who was receiving or was entitled to receive a pension under Part 2, grant, in respect of the deceased’s service—
(a) where he or she is survived by a spouse, a pension to that spouse (in this Chapter referred to as a “spouse’s pension”), and
(b) where he or she is survived by a child or children (whether or not a spouse’s pension is, or can be, granted), a pension for that child or those children (in this Chapter referred to as a “children’s pension”).
num: 19
paragraphs: (1) A spouse’s pension shall not be granted or paid under this Chapter—
(a) where the spouse was, at the time of the death of the member or former member, cohabiting with a person other than the deceased as man and wife, or
(b) in respect of any time after the death of the member or former member when the spouse is remarried or is so cohabiting with any person.
(2) Notwithstanding paragraph (1), where—
(a) a pension under this Chapter is not granted or ceases to be paid under paragraph (1), and
(b) at a date subsequent to the date of the marriage or cohabitation by reason of which the pension was withheld or ceased to be paid, the Minister is satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension,
(i) in the case of a marriage or cohabitation which has come to an end, from the date on which such marriage or cohabitation ended, or
(ii) in any other case, from a date not earlier than the date on which the relevant application is received by the Minister.
(3) (a) A spouse shall not be eligible for a spouse’s pension under this Chapter in respect of more than one member.
(b) Where a spouse would, save for this paragraph, be eligible for a spouse’s pension in respect of 2 or more members the spouse shall be entitled to whichever pension provides him or her with the most favourable benefits.
(4) Subject to paragraph (1) and Article 69 (2), a spouse’s pension may be paid for the whole of the period beginning on the death of the deceased and ending with the death of the spouse.
(5) (a) For the purposes of Article 25 (which relates to non-periodic contributions), on the death of a member or former member of this Chapter who was not married at retirement and who subsequently married, a pension shall be payable under this Chapter based on all pensionable service, including service which, had the member or former member not been unmarried at retirement, would have been paid by way of non-periodic contributions under that Article.
(b) Where subparagraph (a) applies, the deceased member’s estate shall not be liable for the payment of any further contributions under that Article.
(6) The rate of a spouse’s pension is the rate of the deceased’s pension.
(7) (a) In the case of the death of a member or former member of Chapter 2 who was fully insured or where the member or former member’s pension was calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, the Minister shall, subject to subparagraph (b), pay to his or her spouse a supplementary pension, the amount of which shall not exceed the amount, if any, obtained by applying the following formula, namely, A — B where—
A is the rate of spouse’s pension which would have resulted from the calculation referred to in paragraph (6) if the deceaseds pension had been based on pensionable remuneration, and
B is the rate of spouse’s pension resulting from the calculation referred to in paragraph (6) together with the personal rate of widow’s (contributory) pension or widower’s (contributory) pension, if any, payable to the spouse.
(b) The supplementary pension under subparagraph (a) shall be payable in respect of any period during which the spouse—
(i) fails to qualify for widow’s (contributory) pension or widower’s (contributory) pension where such failure is due to causes outside his or her control, or
(ii) qualifies for widow’s (contributory) pension or widower’s (contributory) pension at less than the maximum personal rate due to causes outside his or her control.
(8) Notwithstanding paragraph (6) where, on the death of a member or former member of Chapter 2, other than a former member who qualifies for a preserved pension, a spouse’s pension becomes payable to his or her spouse, the rate of that pension may, in respect of the first month after his or her death, be increased to—
(a) where he or she dies while a member of Chapter 2, 1/12th the rate of his or her pensionable remuneration, or
(b) where he or she dies after being granted a pension and he or she is—
(i) not fully insured, where the rate of pension payable to him or her on the date of his or her death is greater than the rate of spouse’s pension otherwise payable under this Chapter, 1/12th such rate of pension, or
(ii) fully insured or where the pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, where the rate of pension payable to him or her on the date of his or her death, if it had been calculated on the basis of net pensionable remuneration (Spouses’ and Children’s Scheme) instead of net pensionable remuneration, is greater than the rate of spouse’s pension otherwise payable under this Chapter, 1/12th such rate of pension,
num: 20
paragraphs: (1) A child shall not be eligible for a children’s pension in respect of more than one member.
(2) Where, save for this Article, there would be an eligibility for a children’s pension in respect of 2 or more members, the child shall count as eligible in respect of one of them in the way which, in the opinion of the Minister, will give the most favourable overall result for the child or children in question.
21. (1) (a) A children’s pension under this Chapter shall be paid to the deceased’s spouse where the eligible children are in the spouse’s care or, where any child in respect of whom the pension is payable is not in such care, the pension shall be paid either to the child or to such other person as the Minister may determine.
(b) Where children are in the care of 2 or more persons, different parts of the children’s pension shall be paid to those persons in such proportions as the Minister may determine.
(c) A children’s pension shall be applied for the benefit of the children for whom it is granted.
(2) A children’s pension may be paid only in relation to a period subsequent to the death of the deceased.
(3) The rate of children’s pension under this Chapter is—
(a) where the deceased is not survived by a spouse or he or she is survived by a spouse who subsequently dies, in respect of periods after the spouse’s death—
(i) where there is one child, 1/3 the deceased’s pension, or
(ii) where there are 2 or more children, a rate in respect of each child equivalent to the deceased’s pension divided by the number of children;
(b) subject to paragraph (4), where the deceased is survived by a spouse—
(i) where there are not more than 3 children, 1/6th the deceased’s pension for each child, or
(ii) where there are more than 3 children, a rate in respect of each child equivalent to the deceased’s pension divided by the number of children.
(4) (a) Where the children of the deceased are at the time of, or at any time after, his or her death in the care of some person other than a parent or step-parent of the children, the Minister may, if he or she thinks fit, direct that for so long as they are in such care paragraph (3)(a) shall apply notwithstanding that the spouse is still alive and, where the Minister so directs, paragraph (3)(a) shall be construed and shall have effect in accordance with the direction.
(b) Where some but not all of the children of the deceased are at the time of, or at any time after, his or her death in the care of a person other than a parent or step-parent of the children, the rate of that portion of the children’s pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rates specified in paragraph (3)(a) provided that the amount of children’s pension payable in respect of the deceased shall not exceed the rate of the deceased’s pension.
(5) Notwithstanding the foregoing provisions of this Article, where the deceased is survived by a spouse and a spouse’s pension is not granted to the spouse under this Chapter or, if one is so granted to the spouse and it ceases to be paid before his or her death, a children’s pension shall not be payable under this Chapter in respect of any period comprised within the lifetime of the spouse or within the time in respect of which the spouse’s pension is not payable, as may be appropriate, unless the Minister in his or her discretion directs that such a pension shall be payable and, where the Minister gives such a direction, he or she may, if he or she thinks fit, further direct that paragraph (4) shall apply as respects any such period.
num: 22
paragraphs: (1) Each member of Chapter 2 shall pay periodic contributions calculated in accordance with this Article.
(2) The contribution shall comprise 1.5% of remuneration or, in the case of a person who exercises an option to become a Chapter 2 member (having opted not to become a member of Chapter 3 at the time the entitlement to exercise the relevant option was provided to him or her), 2% of remuneration.
(3) A person admitted to Chapter 2 membership shall commence payment of contributions specified in this Article with effect from 1 April 2004 or the date on which he or she becomes a member, whichever is the later, and ending when he or she ceases to be a member.
(4) Contributions shall not be payable under this Chapter by a member for any period which does not constitute pensionable service.
num: 23
paragraphs: (1) Where a person ceases to be a member of Chapter 2, other than on death, and on so ceasing is not eligible under Part 2 for the grant of a pension and gratuity, or preserved pension and preserved gratuity, then if his or her pensionable service is not transferred to an approved pension scheme, the person is entitled to receive a refund of the whole of his or her periodic contributions made under this Chapter.
(2) A person who, on ceasing to be a member of Chapter 2, has paid periodic contributions for a period in excess of 40 years is entitled to a refund of such of those contributions, beginning with his or her initial contributions and working forward, as is necessary to secure that the period in respect of which such contributions are paid by him or her without being refunded does not exceed 40 years.
(3) Where any contributions are refunded by the Minister under this Article, they shall be refunded without interest and less an amount equal to any liability for income tax in respect of such contributions.
(4) (a) A Chapter 2 member who retires on pension or dies in service and who has been in the religious life and bound by a vow of celibacy throughout the period of his or her membership is entitled to a refund of his or her periodic contributions.
(b) Where a person referred to in subparagraph (a) leaves the religious life or ceases to be bound by a vow of celibacy and subsequently becomes a member of this Chapter, he or she shall repay to the Minister the amount of the periodic contributions refunded to him or her, together with compound interest on that amount from the date of payment to him or her at such rate as the Minister, with the consent of the Minister for Finance, may from time to time determine.
(5) Where periodic contributions are refunded in accordance with paragraph (1) to a person who subsequently becomes a member of this Chapter, the period to which the contributions relate may become pensionable under this Chapter only if the contributions are treated as contributions refunded under Article 8(4) and are repaid in accordance with Article 12.
num: 24
paragraphs: (1) Subject to paragraph (2), where a former member becomes a member of this Chapter in a position in respect of which the annual rate of remuneration or, in respect of part-time employment, the wholetime equivalent of the annual rate of remuneration, is at least the equivalent of the remuneration on which his or her pension was based, any entitlement to a spouse’s pension or children’s pension under this Chapter in respect of his or her previous membership shall be disregarded (and, accordingly, any entitlement to spouse’s pension or children’s pension shall be determined solely by reference to the member’s present membership of this Chapter).
(2) Where a person, on becoming a member of this Chapter, had at any time previously been a member of this Chapter and had paid periodic contributions during such period of membership, such period shall be excluded in determining the number of relevant years under Article 25(10) provided that—
(a) no refund of those contributions is or was paid, or
(b) such refund, where made in accordance with paragraph (4) of Article 23, has been repaid in accordance with that paragraph, or
(c) in the case of a refund made under Article 23(1), the period of service to which the refund relates has been made pensionable in accordance with Chapter 3 of Part 4.
(3) Where a member was entitled to claim separate preserved pensions or a single aggregated pension but had not made a claim under subparagraph (e) or (f) of Article 8(2) before his death while a member, the spouse’s and children’s pension in respect of that member shall be calculated on the greater of the following:
(a) the separate pensions;
(b) the single aggregated pension.
num: 25
paragraphs: (1) Non-periodic contributions shall not be payable by or in respect of a member or former member of Chapter 2 who has been unmarried throughout the period of his or her membership.
(2) Where a member of Chapter 2 was married throughout the period, or for a portion of the period, of his or her membership and he or she ceases to be a member due to—
(a) death, or
(b) retirement on pension or resignation with entitlement to a preserved pension,
(3) Subject to paragraph (4), the non-periodic contribution shall comprise 1% of pensionable remuneration multiplied by the number of relevant years, including days in excess of completed years or, in the case of a person who is admitted to Chapter 2 membership having opted not to join Chapter 3 at the time of its commencement, 1.5% of pensionable remuneration multiplied by the number of relevant years, including days in excess of completed years.
(4) The non-periodic contribution for part-time service shall be calculated under subparagraph (b) of Article 11(2), except that the contribution under this Article is comprised solely of 1.5% of remuneration at the rate applicable to the person according to that subparagraph.
(5) Where the non-periodic contribution is to be deducted from a preserved gratuity or preserved death gratuity, the contribution shall be calculated by reference to the member’s pensionable remuneration taking into account any pay increases that correspond to matching pensions increases granted in the interval between the date of resignation and the date—
(a) on which he or she attains 60 years of age or, where the member is a new entrant, 65 years of age, in the case of a preserved gratuity, or
(b) of his or her death, in the case of a preserved death gratuity.
(6) Where, subsequent to the date on which a person ceases to be a member of Chapter 2, the pension payable to him or her or to his or her spouse (but not the retirement gratuity, death gratuity, preserved gratuity or preserved death gratuity) falls to be increased because of an increase in the pensionable service of such member, the Minister may adjust the amount of the contribution under this Article to take account of such increase.
(7) (a) At the discretion of the Minister and subject to conditions specified by him or her, a member may elect to pay, over a period of one school year beginning on or after 1 September 2006, additional contributions equal in each case to the amount of the periodic contributions payable in respect of that period or, in the case of a member who is in part-time service, payable by reference to the full time equivalent of the member’s remuneration in respect of such period.
(b) Where one or more such additional contributions are made under subparagraph (a), this Article shall apply to the person by whom the contribution or contributions is or are made subject to the modification that, in calculating the number of relevant years, such number shall be reduced by one for every contribution made by the person under subparagraph (a).
(c) Additional periodic contributions under subparagraph (a) shall be refundable in accordance with the provisions of Article 23.
(8) The maximum pensionable service for the purposes of this Article is 40 years.
(9) Where a person to whom paragraph (1) or (3) of Article 12 applies becomes a former member of Chapter 2 by retiring on pension, whether on medical grounds or otherwise, then the contribution payable under paragraph (3) or (4) at the termination of his or her final period of membership shall be reduced by the amount of the contribution paid under the relevant paragraph when he or she became a former member, provided there was no refund of that contribution.
(10) In this Article, “the number of relevant years” means—
(a) in relation to a member of Chapter 2 who, being then married, ceases to be a member—
(i) if such cesser is caused otherwise than by death or retirement on medical grounds, the number of years of pensionable service which he or she then had, or
(ii) if such cesser is due to death or retirement on medical grounds, the number of years of pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age,
(b) in relation to a member of Chapter 2 who, being then unmarried, ceases to be a member, the period of pensionable service which he or she had on the date of termination of his or her last marriage before such cesser, reduced by the period of pensionable service, if any, for which periodic contributions have been paid by him or her and are not refundable.
(11) Where a member or former member of Chapter 2 gave service, other than as a teacher in a secondary school, community school or comprehensive school or chaplain in a community school or comprehensive school, which is reckonable under Article 6, any portion of that service in respect of which he or she paid periodic contributions under a pension scheme similar to this Chapter shall, provided that those contributions were not refunded to him or her, be excluded in determining the number of relevant years under paragraph (10).
num: 26
paragraphs: Where a member or a former member of Chapter 2 marries and—
(a) he or she dies within a year of the date of the marriage,
(b) he or she had no children with the spouse either before or after the marriage, and
(c) the Minister is of the opinion that his or her death within the said period was, at the date of the marriage, to be foreseen by him or her or by his or her spouse,
num: 27
paragraphs: This Chapter shall be deemed to have come into operation on 23 July 1968 in respect of male members and on 1 June 1981 in respect of female members.
num: 28
paragraphs: (1) In this Chapter—
(a) under 16 years of age,
(b) under 21 years of age or, with effect from 1 January 1997, is under 22 years of age, and who, in either case, is—
(i) receiving full-time instruction at any university, college, school or other educational establishment, or
(ii) undergoing full-time instruction or training approved by the Minister and provided by any person (in this Chapter referred to as “the employer”) for any vocation, profession or trade, or
(c) permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself and who, when his or her permanent incapacity first occurred, was a person described in any of the foregoing paragraphs of this definition,
(a) in the case of a person who is awarded a pension, including a pension awarded because of retirement on medical grounds before 2 December 1975, or in the case of a person awarded a preserved pension—
(i) where he or she is not fully insured, the amount of such pension, or
(ii) where he or she is fully insured or where the pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, the greater of the following:
(I) the amount of such pension;
(II) the amount of the pension which would have been granted to him or her if it had been calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme),
(b) in the case of a person who is not awarded a pension but has given not less than 5 but not more than 10 years pensionable service and retires on medical grounds—
(i) before 30 June 1974, an amount equivalent to 1/80th of his or her pensionable remuneration for each completed year of pensionable service but excluding any days in excess of completed years,
(ii) on or after 30 June 1974 and before 30 June 1976, an amount equivalent to 1/80th of his or her pensionable remuneration for each year of pensionable service and for any days in excess of completed years to be treated on a pro rata basis,
(c) in the case of a person who retires on medical grounds on or after 2 December 1975 and is awarded a pension—
(i) where he or she dies before 30 June 1977—
(I) in respect of the period before 30 June 1977, the amount of such pension,
(II) in respect of the period on or after 30 June 1977, the amount of the pension which would be granted to him or her if it fell to be calculated by reference to the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age,
(ii) where he or she is a person other than a person who died before 30 June 1977 and who is not fully insured, the amount of the pension which would be granted to him or her if it fell to be calculated by reference to the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age,
(iii) where he or she is a member who is fully insured or where the pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, the greater of the following:
(I) the amount of such pension;
(II) the amount of the pension which would be granted to him or her if it fell to be calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme) and the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age provided that, where the member has paid periodic contributions (based on net remuneration) in respect of a period of service purchased in accordance with Chapter 3 of Part 4, the portion of the deceased’s pension based on such service shall be calculated by reference to net pensionable remuneration,
(d) in the case of a person who resigned with entitlement to a preserved pension, and who dies before attaining 60 years of age or, in the case of a new entrant, 65 years of age, or before making application for the preserved pension—
(i) where he or she is not fully insured, the amount of the preserved pension, or
(ii) where he or she is fully insured or where the pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, the greater of the following:
(I) the amount of such preserved pension;
(II) the amount of the preserved pension which would be granted to him or her if it had been calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme),
(e) in the case of a person who dies while serving as a member before 30 June 1977, having given not less than 5 years pensionable service, the amount of the pension which would be granted to him or her if it fell to be calculated by reference to the pensionable service which he or she would have had if he or she had served to compulsory retirement age, or
(f) in the case of a person who dies while serving as a member on or after 30 June 1977, having given not less than 5 years pensionable service or having the potential to give not less than 5 years pensionable service by compulsory retirement age or, in the case of a new entrant, 65 years of age—
(i) where he or she is not fully insured, the amount of the pension which would be granted to him or her if it fell to be calculated by reference to the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age, or
(ii) where he or she is fully insured or where the pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, the greater of the following:
(I) the amount of the pension described in clause (i);
(II) the amount of the pension which would be granted to him or her if it fell to be calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme) and the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age;
(2) Paragraphs (2) and (3) of Article 16 shall apply to the definition of “child” in this Article as they apply to the definition of “child” in Article 16.
num: 29
paragraphs: Each of the following persons is a Chapter 3 member:
(a) any male teacher or chaplain who is a member of Part 2 and who—
(i) became a member of Part 2 on or after 1 October 1969 and before 1 September 2005, or
(ii) being a member of Part 2 during the whole or any part of the period beginning on 23 July 1968 and ending on 30 September 1969,—
(I) did not opt out of becoming a Chapter 3 member between 23 July 1968 and 31 December 1971,
(II) opted not to become a Chapter 3 member between 23 July 1968 and 30 September 1969 and who, notwithstanding the exercise by him or her of the option in that manner, during the period beginning on 1 October 1969 and ending on 31 December 1971, elected to become a Chapter 3 member, or
(III) opted not to become a Chapter 3 member between 23 July 1968 and 30 September 1969 and who subsequently between 23 July 1968 and 31 December 1971, either died or retired from pensionable service or otherwise ceased to be a person to whom this Chapter applies,
(A) who, notwithstanding the exercise by him of the option in that manner, during the last-mentioned period in this subclause elected to become a Chapter 3 member, or
(B) in respect of whom, notwithstanding the exercise by him of the option in that manner, an election was made to become a Chapter 3 member during that last-mentioned period,
(b) any female teacher or chaplain who is a member of Part 2 and who—
(i) became a member of Part 2 on or after 1 November 1981 and before 1 September 2005 or, in the case of a teacher or chaplain in a community school, on or after 1 February 1982 and before 1 September 2005, or
(ii) being a member of Part 2 during the whole or any part of the period beginning on 1 June 1981 and ending on 31 October 1981 or, in the case of a teacher or chaplain in a community school, ending on 31 January 1982, during such period elected to become a Chapter 3 member or did not exercise an option to do so, or
(iii) during the period beginning on 1 June 1981 and ending on 31 October 1981 or, in the case of a teacher or chaplain in a community school, ending on 31 January 1982, opted not to become a Chapter 3 member and who, notwithstanding the exercise by her of that option in that manner, during the same period elected to become a Chapter 3 member, or
(iv) during the period beginning on 1 June 1981 and ending on 31 October 1981 or, in the case of a teacher or chaplain in a community school, ending on 31 January 1982 opted not to become a Chapter 3 member and who subsequently, during such period, either died or retired from pensionable service or otherwise ceased to be a person to whom this Chapter applies, and—
(I) who, notwithstanding the exercise by her of the option in that manner, during the period mentioned in this clause (whether ending on 31 October 1981 or 31 January 1982, as appropriate) elected to become a Chapter 3 member, or
(II) in respect of whom, notwithstanding the exercise by her of the option in that manner, an election was made to become a Chapter 3 member during the said period.
num: 30
paragraphs: (1) Subject to the provisions of this Chapter, the Minister shall, on the death of a person referred to in paragraph (2) (in this Chapter referred to as the “deceased”) grant, in respect of the person’s service—
(a) where he or she is survived by a spouse, a pension to that spouse (in this Chapter referred to as a “spouse’s pension”), or
(b) where he or she had a spouse at any time after this Chapter first applied to him or her (whether or not the marriage continued until his or her death and whether or not a spouse’s pension is, or can be, granted), a pension for his or her children (in this Chapter referred to as a “children’s pension”),
(2) The person mentioned in paragraph (1) is a person in relation to whom the following conditions are satisfied—
(a) the person is—
(i) a member of Chapter 3, or
(ii) a former member of Chapter 3, and
(b) a pension, death gratuity, preserved pension or preserved death gratuity or, if the person retired on medical grounds before 30 June 1976 having given not less than 5 and not more than 10 years pensionable service, a gratuity, has been, or is awarded, to or in respect of the person.
num: 31
paragraphs: (1) A spouse’s pension shall not be granted or paid under this Chapter—
(a) where the spouse was, at the time of the death of the former member, cohabiting with a person other than the deceased as man and wife, or
(b) in respect of any time after the death of the former member when the spouse is remarried or is so cohabiting with any person.
(2) Notwithstanding paragraph (1), where—
(a) a pension under this Chapter is not granted or ceases to be paid under paragraph (1), and
(b) at a date subsequent to the date of the marriage or cohabitation by reason of which the pension was withheld or ceased to be paid, the Minister is satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension,
(i) in the case of a marriage or cohabitation which has come to an end, from the date on which such marriage or cohabitation ended, or
(ii) in any other case, a date not earlier than the date on which the relevant application is received by the Minister.
(3) (a) A spouse shall not be eligible for a spouse’s pension under this Chapter in respect of more than one member.
(b) Where a spouse would, save for this paragraph, be eligible for a spouse’s pension in respect of 2 or more members the spouse shall be entitled to whichever pension provides him or her with the most favourable benefits.
(4) Subject to paragraph (1), a spouse’s pension may be paid for the whole of the period beginning on the death of the deceased and ending with the death of the spouse.
(5) The rate of a spouse’s pension is the rate of the deceased’s pension.
(6) (a) Where a member or former member dies who was fully insured or where the member’s or former member’s pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, the Minister shall, with effect from a date which is not earlier than 6 April 1995, and subject to subparagraph (b), pay to his or her spouse a supplementary pension, the amount of which shall not exceed the amount, if any, obtained by applying the following formula, namely, A-B where—
A is the rate of spouse’s pension which would have resulted from the calculation referred to in paragraph (5) if the deceaseds pension had been based on pensionable remuneration, and
B is the rate of spouse’s pension resulting from the calculation referred to in paragraph (5) together with the personal rate of widow’s (contributory) pension or widower’s (contributory) pension, if any, payable to the spouse.
(b) The supplementary pension under subparagraph (a) shall be payable in respect of any period during which the spouse—
(i) fails to qualify for widow’s (contributory) pension or widower’s (contributory) pension where such failure is due to causes outside his or her control, or
(ii) qualifies for widow’s (contributory) pension or widower’s (contributory) pension at less than the maximum personal rate due to causes outside his or her control.
(7) Notwithstanding paragraph (5), where on the death on or after 30 June 1977, of a member or former member, other than a former member who qualifies for a preserved pension, a spouse’s pension becomes payable to his or her spouse, the rate of that pension may, in respect of the first month after his or her death, be increased to—
(a) where he or she dies while a member, 1/12th the rate of his or her pensionable remuneration, or
(b) where he or she dies after being granted a pension and where the rate of pension payable to him or her on the date of his or her death is greater than the rate of spouse’s pension otherwise payable under this Chapter, 1/12th of such rate of pension,
num: 32
paragraphs: (1) A pension may be granted under this Chapter for a child (other than an adopted child or step-child) only if—
(a) the deceased is married to the mother or father of the child, as the case may be, at some time during the period of his or her membership; and
(b) the child is born before or during the period of the deceased’s membership or not more than 10 months after the deceased ceased to be a member.
(2) A pension may be granted under this Chapter for an adopted child of the deceased only if
(a) the adoption occurs
(i) before or during the period of the deceased’s membership; or
(ii) after the period of the deceased’s membership but only if the deceased had applied, before the termination of membership, for an adoption order in respect of the child, the deceased dies before the adoption procedure is completed and the child is subsequently adopted by the member’s spouse;
(b) the deceased is married at some time during the period of his or her membership.
(3) A pension may be granted under this Chapter for a step-child of the deceased
(a) only in respect of a period on or after 1 January 1979; and
(b) only if the deceased’s marriage that makes the deceased the step-parent of the step-child occurs
(i) before the period of the deceased’s membership and the marriage continues to the time that the deceased became a member; or
(ii) during the period of the deceased’s membership.
(4) (a) A child shall not be eligible for a children’s pension in respect of more than one member.
(b) Where, save for this paragraph, there would be an eligibility for a children’s pension in respect of 2 or more members, the child shall count as eligible in respect of one of them in the way which, in the opinion of the Minister, will give the most favourable overall result for the child or children in question.
33. (1) (a) A children’s pension under this Chapter shall be paid to the relevant former member’s spouse where the eligible children are in the spouse’s care or, where any child in respect of whom the pension is payable is not in such care, the pension shall be paid either to the child or to such other person as the Minister may determine.
(b) Where children are in the care of 2 or more persons, different parts of the children’s pension shall be paid to those persons in such proportions as the Minister may determine.
(c) A children’s pension shall be applied for the benefit of the children for whom it is granted.
(2) A children’s pension may only be paid in relation to a period subsequent to the death of the deceased.
(3) During the period beginning on 23 July 1968 and ending on 30 June 1977, the rate of children’s pension under this Chapter is—
(a) where the deceased is not survived by a spouse or is survived by a spouse who subsequently dies, in respect of periods after the spouse’s death, 2/12ths the deceased’s pension for the first child plus 1/12th for each additional child up to a fourth additional child;
(b) subject to paragraph (5), where the deceased is survived by a spouse, 1/12th the deceased’s pension for the first child, plus 1/12th for each additional child up to a fifth additional child.
(4) From 1 July 1977, the rate of children’s pension under this Chapter is—
(a) where the deceased is not survived by a spouse or is survived by a spouse who subsequently dies, in respect of periods after the spouse’s death, 4/12ths of the deceased’s pension for the first child plus 2/12ths for a second child;
(b) subject to paragraph (5), where the deceased is survived by a spouse, 2/12ths of the deceased’s pension for the first child plus 2/12ths for each additional child up to a second additional child.
(5) (a) Where, on or after 1 July 1977, the children of the deceased are at the time of, or at any time after, his or her death in the care of some person other than his or her spouse, the Minister may, if he or she thinks fit, direct that for so long as they are in such care paragraph (3)(a) or 4(a), or both, shall apply notwithstanding that the spouse is still alive, and, where the Minister so directs, paragraph (3)(a) or (4)(a) (or both) shall be construed and have effect in accordance with the direction.
(b) Where, on or after 1 July 1977, some but not all of the children of the deceased are at the time of, or at any time after, his or her death in the care of a person other than his or her spouse, the rate of that portion of the children’s pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rates specified in paragraph (3)(a) or 4(a), or both as appropriate, provided that the amount of children’s pension payable in respect of the deceased shall not exceed the rate of the deceased’s pension.
(6) Notwithstanding the foregoing provisions of this Article, where the deceased is survived by a spouse and a spouse’s pension is not granted to the spouse under this Chapter or, one is so granted to the spouse and it ceases to be paid before his or her death, a children’s pension shall not be payable under this Chapter in respect of any period comprised within the lifetime of the spouse or within the time in respect of which a spouse’s pension is not payable, as may be appropriate, unless the Minister in his or her discretion directs that such a pension shall be payable and, where the Minister gives such a direction, he or she may, if he or she thinks fit, further direct that paragraph (5) shall apply as respects any such period.
num: 34
paragraphs: (1) Each member of Chapter 3 shall pay periodic contributions that comprise 1.5% of remuneration.
(2) A person admitted to Chapter 3 membership shall commence payment of contributions specified in this Article with effect from the date of commencement of this Chapter or the date on which he or she becomes a member, whichever is the later, and ending when he or she ceases to be a member, such payments shall be made at such times and in such manner as the Minister may determine.
(3) Contributions shall not be payable under this Chapter by a member for any period which does not constitute pensionable service.
num: 35
paragraphs: (1) Where a person—
(a) ceases to be a member of Chapter 3 and was unmarried at all times during his or her membership of this Chapter, or
(b) on ceasing to be a member of Chapter 3 other than on death, on so ceasing was married, and either—
(i) is not eligible under Part 2 for the grant of a pension andgratuity, or
(ii) having retired on medical grounds before 30 June 1976, and having given not less than 5 and not more than 10 years pensionable service, is not eligible for a gratuity, or
(c) before 30 June 1977, ceases to be a member due to death and on so ceasing was married and had less than 5 years pensionable service, or
(d) on or after 30 June 1977 ceases to be a member due to death and his or her pensionable service, together with the pensionable service he or she would have if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age, is less than 5 years,
(2) In any case, other than a case referred to in paragraph (1), a member of this Chapter on ceasing to be a member is entitled to a refund of such of those contributions, if any, beginning with his or her initial contributions and working forward, or, in the case of a member to whom paragraph (1)(b) applies, his or her final contributions and working back, as is necessary to secure that the period in respect of which such contributions are paid by him or her without being refunded—
(a) does not exceed 40 years,
(b) is, if he or she ceased to be a member before 30 June 1974, an exact number of years, or
(c) if he or she is unmarried when he or she ceased to be a member, does not exceed a period equal to the length of service on the date of his or her spouse’s death.
(3) Where a married member retires on medical grounds and his or her spouse subsequently dies before he or she attains compulsory retirement age or, in the case of a new entrant, 65 years of age, the former member is entitled to a refund of contributions paid in respect of the period subsequent to the spouse’s death.
(4) Where any contributions are refunded under this Article, they shall be refunded without interest.
(5) Where periodic contributions are refunded in accordance with this Article to a person who subsequently becomes a member of this Chapter, the period to which the contributions relate may become reckonable under this Chapter provided that—
(a) contributions in respect of Part 2 for the period in question have not been refunded or, where they have been refunded together with the periodic contributions, have been repaid in accordance with Article 12, and
(b) the person repays to the Minister the amount of the periodic contributions so refunded to him or her and the provisions of Article 12 apply to the repayment.
num: 36
paragraphs: (1) Subject to paragraph (3), where a former member becomes, before 1 August 1996, a member of this Chapter, any prospective entitlement to a spouse’s or children’s pension under this Chapter in respect of his or her previous service shall be disregarded (and, accordingly, any entitlement to a spouse’s pension or children’s pension shall be determined solely by reference to the member’s present membership of this Chapter).
(2) Subject to paragraph (3), where a former member becomes, on or after 1 August 1996, a member of this Chapter in a position in respect of which the annual rate of remuneration or, in respect of part-time employment, the wholetime equivalent of the annual rate of remuneration, is at least the equivalent of the remuneration on which the pension was based, any prospective entitlement to a spouse’s pension or children’s pension under this Chapter in respect of his or her previous membership shall be disregarded (and, accordingly, any entitlement to a spouse’s pension or children’s pension shall be determined solely by reference to the member’s present membership of this Chapter).
(3) Where a person, on becoming a member of this Chapter, had at any time previously been a member of this Chapter and had paid periodic contributions during such period of membership, the period in respect of which he or she paid such periodic contributions shall be excluded in determining the number of relevant years under Article 37(9) provided that—
(a) no refund of those contributions is or was paid, or
(b) such refund, where paid, has been repaid in accordance with Article 35(5) or, where the application to repay the periodic contributions and contributions made under Part 2 has been made on or after 1 March 1996, the period of service to which the refund relates has been purchased in accordance with Chapter 3 of Part 4.
(4) Where a person to whom paragraph (1) or (2) applies becomes a former member by retiring on pension, whether on medical grounds or otherwise, then the contribution payable under Article 37 at the termination of his or her final period of membership shall be reduced by the amount of the contribution paid under that Article when he or she first became a former member (that is to say, on the first occasion of his or her becoming a former member), provided there was no refund of that contribution.
(5) Where a member was entitled to claim separate preserved pensions or a single aggregated pension but had not made a claim under subparagraph (e) or (f) of Article 8(2) before his death while a member, the spouses’ and children’s pension in respect of that member shall be calculated on the greater of the following:
(a) the separate pensions;
(b) the single aggregated pension.
num: 37
paragraphs: (1) Non-periodic contributions shall not be payable by or in respect of a member who has been unmarried throughout the period of his or her membership.
(2) Where a member of this Chapter was married at any time during the period of his or her membership and he or she—
(a) ceases to be a member before 30 June 1976, and such cesser is due to—
(i) death or retirement on medical grounds after not less than 5 years pensionable service, or
(ii) retirement on pension,
(b) ceases to be a member on or after 30 June 1976 and before 30 June 1977 and such cesser is due to—
(i) death after not less than 5 years pensionable service, or
(ii) retirement on pension, or
(c) ceases to be a member on or after 30 June 1977 and such cesser is due to—
(i) death, and his or her pensionable service together with the pensionable service he or she would have if he or she had served until compulsory retirement age or, in the case of a new entrant, 65 years of age, is not less than 5 years, or
(ii) retirement on pension or resignation with entitlement to a preserved pension,
(3) Subject to paragraph (4), the non-periodic contribution shall comprise 1% of the member’s pensionable remuneration multiplied by the number of relevant years, days in excess of completed years being taken into account in the case of a member whose membership ceases on or after 30 June 1974.
(4) The non-periodic contribution for part-time service shall be calculated under subparagraph (b) of Article 11(2), except that the contribution under this Article is comprised solely of 1.5% of remuneration at the rate applicable to the person according to that subparagraph.
(5) Where the contribution is being deducted from a preserved gratuity or preserved death gratuity, the non-periodic contribution shall be calculated by reference to the member’s pensionable remuneration or net pensionable remuneration as appropriate taking into account any pay increases that correspond to matching pensions increases granted during the period between the date of resignation and the date—
(a) on which he or she attains 60 years of age or, where the member is a new entrant, 65 years of age, in the case of a preserved gratuity, or
(b) of his or her death, in the case of a preserved death gratuity.
(6) Where, subsequent to the date on which a person ceases to be a member, the pension payable to him or her or to his or her spouse (but not the retirement gratuity, death gratuity, preserved gratuity or preserved death gratuity) falls to be increased because of an increase in the pensionable service of such a member, the Minister may adjust the amount of the contribution under this Article to take account of such increase.
(7) (a) At the discretion of the Minister and subject to conditions specified by him or her, a member may elect to pay, over periods of one or more school years beginning on or after 1 September 2006, additional contributions equal in each case to the amount of the periodic contributions payable in respect of that period or, in the case of a member who is in part-time service, payable by reference to the wholetime equivalent of the member’s remuneration in respect of such period.
(b) Where one or more additional contributions are made under subparagraph (a), this Article shall apply to the person by whom the contribution or contributions is or are made subject to the modification that, in calculating the number of relevant years, such number shall be reduced by one for every contribution made by the person under subparagraph (a).
(c) Additional periodic contributions under subparagraph (a) shall be refundable in accordance with the provisions of Article 35.
(8) The maximum pensionable service for the purposes of this Article is 40 years.
(9) In this Article, “the number of relevant years” means—
(a) in relation to a member of Chapter 3 who, being then married, ceases to be a member because of death before 30 June 1974, the number of whole years of service which he or she would have had if he or she had served to compulsory retirement age, excluding any fraction of a year and reduced by the number of whole years of service, if any, in respect of which periodic contributions have been paid by him or her and are not refundable,
(b) in relation to a member of Chapter 3 who, being then married, ceases to be a member otherwise than by death before 30 June 1974, the number of whole years of service which he or she then had, excluding any fraction of a year and reduced by the number of whole years of service, if any, in respect of which periodic contributions have been paid by him or her and are not refundable,
(c) in relation to a member of Chapter 3 who, being then unmarried, ceases to be a member before 30 June 1974, the number of whole years of service which he or she had on the date of termination of his or her last marriage before such cesser, reduced by the number of whole years of service, if any, for which periodic contributions have been paid by him or her and are not refundable,
(d) in relation to a member of Chapter 3 who, being then married, ceases to be a member because of death on or after 30 June 1974, the period of pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, to 65 years of age, reduced by the period of service, if any, in respect of which periodic contributions have been paid by him or her and are not refundable,
(e) in relation to a member of Chapter 3 who, being then married, ceases to be a member otherwise than by death on or after 30 June 1974 and before 2 December 1975, the period of pensionable service which he or she then had reduced by the period of service, if any, for which periodic contributions have been paid by him or her and are not refundable,
(f) in relation to a member of Chapter 3 who, being then unmarried, ceases to be a member on or after 30 June 1974, the period of pensionable service which he or she had on the date of termination of his or her last marriage before such cesser, reduced by the period of service, if any, for which periodic contributions have been paid by him or her and are not refundable,
(g) in relation to a member of Chapter 3 who, being then married, ceases to be a member on retirement on medical grounds on or after 2 December 1975, the period of pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age, reduced by the period of service, if any, for which periodic contributions have been paid by him or her and are not refundable, or
(h) in relation to a member of Chapter 3 who, being then married, ceases to be a member on retirement, otherwise than on medical grounds, on or after 2 December 1975, the period of pensionable service which he or she then had, reduced by the period of service, if any, for which periodic contributions have been paid by him or her and are not refundable.
(10) Where a member or former member of Chapter 3 gave service, other than as a teacher in a secondary school, community school or comprehensive school or chaplain in a community school or comprehensive school, which is reckonable under Article 6, any portion of that service in respect of which he or she paid periodic contributions under a pension scheme similar to this Chapter shall, provided those contributions were not refunded to him or her, be excluded in determining the number of relevant years under paragraph (9).
num: 38
paragraphs: Where a member marries and—
(a) he or she dies within a year of the date of the marriage,
(b) he or she had no children with the spouse either before or after the marriage, and
(c) the Minister is of the opinion that his or her death within said period was, at the date of the marriage, to be foreseen by him or her or by his or her spouse,
num: 39
paragraphs: This Chapter shall be deemed to have come into operation on 23 July 1968.
num: 40
paragraphs: (1) In this Chapter—
(a) under 16 years of age,
(b) under 21 years of age and who is—
(i) receiving full-time instruction at any university, college, school or other educational establishment, or
(ii) undergoing full-time instruction or training approved by the Minister and provided by any person (in this Chapter referred to as “the employer”) for any vocation, profession or trade, or
(c) permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself and who, when his or her permanent incapacity first occurred, was a person described in any of the foregoing paragraphs of this definition,
(a) in the case of a person who retired on pension, the amount of such pension;
(b) in the case of a person who, having reached compulsory retirement age, was permitted to continue in service and dies in service, the amount of the pension to which he would have been entitled if he had retired on the date of death but excluding from actual pensionable service any days in excess of completed years;
(c) in the case of a person who dies while serving as a member of Part 2, the amount of the pension which would have been granted to him if, on the date of death, he retired on medical grounds and then had the actual pensionable service he would have had if he had served to compulsory retirement age excluding any days in excess of completed years;
(2) Paragraphs (2) and (3) of Article 16 shall apply to the definition of “child” in this Article as they apply to the definition of “child” in Article 16.
(3) Section 11 (b) of the Interpretation Act 1937 (No. 38 of 1937) and section 18 (b) of the Interpretation Act 2005 (No. 23 of 2005) shall not apply to this Chapter but, to avoid doubt, this paragraph does not affect the importing of the masculine gender and of the feminine gender with respect to the following words in this Chapter:
(a) “child”;
(b) “employer”;
(c) “Minister”;
(d) “parent”;
(e) “person” (other than when referable to the deceased);
(f) “personal representative”.
num: 41
paragraphs: Each of the following men is a Chapter 4 member:
(a) a teacher or chaplain who retired on a pension before 23 July 1968;
(b) a teacher or chaplain who, before 23 July 1968, died while a member of Part 2 and had not less than 10 years actual pensionable service to compulsory retirement age at the date of death and
(i) had given not less than 5 years actual pensionable service, or
(ii) in respect of whom a death gratuity was paid;
(c) a teacher or chaplain having attained compulsory retirement age before 23 July 1968 while a member of Part 2 and who was permitted to continue in service and would have been eligible for a pension under Part 2 if he had retired on reaching compulsory retirement age.
num: 42
paragraphs: (1) Subject to the provisions of this Chapter, the Minister may, on the death of a Chapter 4 member, grant in respect of his service—
(a) where he is survived by a widow, a pension to that widow (in this Chapter referred to as a “widow’s pension”), and
(b) where he had a wife at any time before his actual pensionable service ceased (whether or not the marriage continued until his death and whether or not a widow’s pension is, or can be, granted), a pension for his children (in this Chapter referred to as a “children’s pension”).
(2) The grant of a pension under this Article shall be with effect from—
(a) subject to paragraph (b), the date of the deceased’s death or 23 July 1968, whichever is the later, or
(b) in the case of a deceased who died before 23 July 1968 and who falls within Article 41(c), 23 July 1968.
num: 43
paragraphs: (1) A widow’s pension shall not be granted or paid under this Chapter—
(a) where the widow was, at the time of the death of the deceased, cohabiting with a man other than the deceased as man and wife, or
(b) in respect of any time after the death of the deceased when the widow is remarried or is so cohabiting with any man.
(2) Where—
(a) a pension under this Chapter is not granted or ceases to be paid under paragraph (1), and
(b) at a date subsequent to the date of the marriage or cohabitation by reason of which the pension was withheld or ceased to be paid the Minister is satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension,
(i) in the case of a marriage or cohabitation which has come to an end, from the date on which such marriage or cohabitation ended, or
(ii) in any other case, a date not earlier than the date on which the relevant application is received by the Minister.
(3) (a) A widow shall not be eligible for a widow’s pension under this Chapter in respect of more than one person to whom this Chapter applies.
(b) Where a widow would, save for this paragraph, be eligible for a widow’s pension in respect of more than one person to whom this Chapter applies, the widow shall be treated under this Chapter in the way which will give the most favourable result for the widow.
(4) Subject to paragraph (1), a widow’s pension may be paid for the whole of the period beginning on the death of the deceased and ending with the death of the widow.
(5) The rate of a widow’s pension is—
(a) during the period beginning on the commencement of this Chapter and ending on 30 June 1977, 1/4 the rate of the deceased’s pension,
(b) during the period beginning on 1 July 1977 and ending on 30 June 1979, 1/3 the rate of the deceased’s pension,
(c) during the period beginning on 1 July 1979 and ending on 31 December 1985, 5/12ths the rate of the deceased’s pension,
(d) during the period beginning on 1 January 1986 and ending on 31 December 1986 11/24ths the rate of the deceased’s pension, and
(e) on and from 1 January 1987, 1/2 the rate of the deceased’s pension.
num: 44
paragraphs: (1) A pension may be granted under this Chapter for a child (other than an adopted child or a step-child) only if—
(a) the deceased is married to the mother of the child at some time during the period of his membership; and
(b) the child is born before or during the period of the deceased’s membership or not more than 10 months after the deceased ceased to be a member.
(2) A pension may be granted under this Chapter for an adopted child of the deceased only if—
(a) the adoption occurs—
(i) before or during the period of the deceased’s membership; or
(ii) after the period of the deceased’s membership but only if the deceased had applied, before the termination of membership, for an adoption order in respect of the child, the deceased dies before the adoption procedure is completed and the child is subsequently adopted by the member’s spouse;
(b) the deceased is married at some time during the period of his membership.
(3) A pension may be granted under this Chapter for a step-child of the deceased—
(a) only in respect of a period on or after 1 January 1979; and
(b) only if the deceased’s marriage that makes the deceased the step-parent of the step-child occurs—
(i) before the period of the deceased’s membership and the marriage continues to the time that the deceased became a member; or
(ii) during the period of the deceased’s membership.
(4) (a) A child shall not be eligible for a children’s pension in respect of more than one member.
(b) Where a child would, save for this paragraph, be eligible for a children’s pension in respect of 2 or more members, the child shall be treated under this Chapter in the way which, in the opinion of the Minister, will give the most favourable overall result for the child.
45. (1) (a) A children’s pension under this Chapter shall be paid to the deceased’s widow if the eligible children are in her care, and where any child in respect of whom the pension is payable is not in such care, the pension shall be paid either to the child or to such other person as the Minister may determine.
(b) Where children are in the care of 2 or more persons, different parts of the children’s pension shall be paid to those persons in such proportions as the Minister may determine.
(c) The children’s pension is to be applied for the benefit of the children for whom it is granted.
(2) A children’s pension may be paid only in relation to a period subsequent to the death of the deceased.
(3) During the period beginning on the commencement of this Chapter and ending on 31 May 1973, the rate of children’s pension under this Chapter is—
(a) where the deceased is not survived by a widow or is survived by a widow who subsequently dies, in respect of periods after her death, 2/24ths the deceased’s pension for the first child plus 1/24th the deceased’s pension for each additional child up to a fourth additional child, or
(b) subject to paragraph (5), where the deceased is survived by a widow, 1/24th the deceased’s pension for the first child, plus one 1/24th the deceased’s pension for each additional child up to a fifth additional child.
(4) (a) During the period beginning on 1 June 1973 and ending on 30 June 1977, the rate of children’s pension under this Chapter is—
(i) where the deceased is not survived by a widow or is survived by a widow who subsequently dies, in respect of periods after her death, 4/24ths the deceased’s pension for the first child plus 2/24ths the deceased’s pension for a second child, or
(ii) subject to paragraph (5), where the deceased is survived by a widow, 2/24ths the deceased’s pension for the first child plus 2/24ths the deceased’s pension for each additional child up to a second additional child.
(b) During the period beginning on 1 July 1977 and ending on 30 June 1979, the rate of children’s pension under this Chapter is—
(i) where the deceased is not survived by a widow or is survived by a widow who subsequently dies, in respect of periods after her death, 2/9ths the deceased’s pension for the first child plus 1/9th the deceased’s pension for a second child, or
(ii) subject to paragraph (5), where the deceased is survived by a widow, 1/9th the deceased’s pension for the first child plus 1/9th the deceased’s pension for each additional child up to a second additional child.
(c) During the period beginning on 1 July 1979 and ending on 31 December 1985, the rate of a children’s pension under this Chapter is—
(i) where the deceased is not survived by a widow or is survived by a widow who subsequently dies, in respect of periods after her death, 10/36ths the deceased’s pension for the first child plus 5/36ths the deceased’s pension for a second child, or
(ii) subject to paragraph (5), where the deceased is survived by a widow, 5/36ths the deceased’s pension for the first child plus 5/36ths the deceased’s pension for each additional child up to a second additional child.
(d) During the period beginning on 1 January 1986 and ending on 31 December 1986, the rate of a children’s pension under this Chapter is—
(i) where the deceased is not survived by a widow or if he is survived by a widow who subsequently dies, in respect of periods after her death, 11/36ths the deceased’s pension for the first child plus 11/72nds the deceased’s pension for a second child, or
(ii) subject to paragraph (5), where the deceased is survived by a widow, 11/72nds the deceased’s pension for the first child plus 11/72nds the deceased’s pension for each additional child up to a second additional child.
(e) On and from 1 January 1987, the rate of a children’s pension under this Chapter is—
(i) where the deceased is not survived by a widow or is survived by a widow who subsequently dies, in respect of periods after her death, 1/3rd the deceased’s pension for the first child plus 1/6th the deceased’s pension for a second child, or
(ii) subject to paragraph (5), where the deceased is survived by a widow, 1/6th the deceased’s pension for the first child plus 1/6th the deceased’s pension for each additional child up to a second additional child.
(5) (a) Where, on or after 1 July 1977, the children of the deceased are at the time of, or at any time after, his death, in the care of some person other than their parent or step-parent, the Minister may, if he or she thinks fit, direct that for so long as they are in such care any or all, as may be appropriate, of the following provisions, namely paragraph (3)(a) and clause (i) of each of paragraphs (4)(a) to (e) shall apply notwithstanding that the parent or step-parent is still alive, and where the Minister so directs this Article shall be construed and shall have effect in accordance with the direction.
(b) Where, on or after 1 July 1977, some but not all of the children of the deceased are at the time of, or at any time after, his death in the care of a person other than their parent or step-parent, the rate of that portion of the children’s pension which is payable in respect of the children who are in the care of that person may be calculated by reference to all or any, as may be appropriate, of the rates specified in paragraph (3)(a) and clause (i) of each of paragraphs (4)(a) to (e), provided that the amount of children’s pension payable in respect of a deceased shall not exceed—
(i) during the period beginning on 1 July 1977 and ending on 30 June 1979, 1/3rd the rate of the deceased’s pension,
(ii) during the period beginning on 1 July 1979 and ending on 31 December 1985, 5/12ths the rate of the deceased’s pension,
(iii) during the period beginning on 1 January 1986 and ending on 31 December 1986, 11/24ths the rate of the deceased’s pension, or
(iv) on and from 1 January 1987, 1/2 the rate of the deceased’s pension.
(6) Notwithstanding the foregoing provisions of this Article, where the deceased is survived by a widow and no widow’s pension is granted to her under this Chapter or, if one is so granted to her and ceases to be paid before her death, a children’s pension shall not be payable under this Chapter in respect of any period comprised within the lifetime of the widow or within the time in respect of which a widow’s pension is not payable, as may be appropriate, unless the Minister directs that such a pension shall be so payable, and if the Minister gives such a direction he or she may, if he or she thinks fit, further direct that paragraph (5) shall apply in respect of any such period.
num: 46
paragraphs: (1) Subject to paragraphs (2) and (3), this Part shall be deemed to have come into operation on 1 March 1983.
(2) Article 57 shall be deemed to have come into operation on 30 June 1977.
(3) Chapter 3 shall be deemed to have come into operation on 1 March 1996.
num: 47
paragraphs: (1) For the purposes of this Part—