Education Sector Superannuation Scheme 2015 or the ESSS 2015.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Scheme may be cited as the Education Sector Superannuation Scheme 2015 or the ESSS 2015.
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paragraphs: “1956 Scheme” means the provisions relating to personal pension benefits for Lecturers, Officers and Non-officers who were members of the Local Government Superannuation Scheme, but who did not opt to become members of this Scheme, under Article 4(5)(a) or Article 5(5)(a);
(a) where a period in respect of which outstanding contributions were not repaid was before 14 November 2000,
(i) and the period of service in respect of which the repayment or payment is made was before 1 January 1984, 7% per annum,
(ii) and the period of service in respect of which the repayment or payment is made was on or after 1 January 1984, 6% per annum,
(b) 4%per annum where a period in respect of which outstanding contributions were not repaid was on or after 14 November 2000 and before 1 December 2014,
(c)3.5% per annum where a period in respect of which outstanding contributions were not repaid was on or after 1 December 2014 and
(d) at any other rate per annum as determined from time to time by the Minister for Public Expenditure and Reform;
(a) for non-officers, age 65, age 66 or on the last day of the school or academic year in which the member attains age 65, in accordance with the terms and conditions of service, the retirement policy of the Board or Institute and the approval of the Board or Institute concerned, and
(b) for officers, the age attained by the member on the last day of the school or academic year in which the member attains 65 years of age;
(a) who is liable for an employee contribution payable at a rate specified in section 13(2) of that Act, not being a person to whom Article 81, 82, 83, or 88 of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 ) applies, or
(b) to whom Article 87 of those Regulations applies;
(a) to a person, in respect of his or her pensionable service, as a consequence of his or her retirement, resignation, or otherwise ceasing or having ceased to be a Scheme member, or
(b) in respect of such service, to another person as a consequence of death or otherwise,
(a) is declared in the conditions of service attaching to the post to be a pensionable post for the purposes of this Scheme,
(b) which is stated in a written offer of appointment to the post to be a pensionable post for the purposes of the Scheme, or
(c) other than the case in (a) or (b), subsequent to a person’s appointment to a post, that post has been declared to be a pensionable post;
(a) a payment calculated in accordance with such tables approved and in such manner as is determined by the Minister for Public Expenditure and Reform or the Minister for the Environment, Community and Local Government under the Local Government Code,
(b) a payment from a Revenue approved pension scheme or arrangement to the Scheme so as to secure additional service for a member in accordance with such tables approved by the Minister for Public Expenditure and Reform,
(a) in the case of a member who is working on a casual basis, he or she has been employed for a period or periods comprising not less than 334 days, and
(b) in all other cases, he or she has been employed under a contract of employment for a period or periods comprising not less than 730 days;
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paragraphs: This Part shall be deemed to have come into operation on 27 May 1977.
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paragraphs: (1)“Pensionable employee” means a person employed in a pensionable post.
(2) Membership of this Part does not apply to a person who—
(a) is not a new entrant and whose potential pensionable service on appointment to a pensionable post would be less than the vesting period or
(b) was given an option for membership under Paragraph 5 and who did not accept the option.
(3) Subject to Paragraph (2), membership of this Part is compulsory for all pensionable employees.
(4) Each of the following persons is automatically a pensionable employee if employed in a pensionable post:
(a) permanent whole-time Lecturers who commenced pensionable employment on or after 01 June 1978. Prior unqualified service must be reckoned and the relevant contributions paid;
(b) effective from 01 September 1996 and in accordance with Department of Education and Science Circular Letter Pen 16/02, all fully qualified Temporary Whole-time Lecturers and Pro-Rata Part-time Assistant Lecturers provided that such lecturers had met the medical conditions for membership;
(c) effective from 01 September 1996 and in accordance with Department of Education and Science Circular Letter Pen 16/02, all fully qualified Part-Time Hourly paid Assistant Lecturers who were in quasi-permanent employment during any academic year from 1 September 1996 to 19 December 2001 for a minimum of 200 hours and for a minimum of 25 weeks, provided that such Part-time Hourly paid Assistant Lecturers had met the medical conditions required for membership;
(d) effective from 01 September 1996 a Lecturer in an eligible Part Time (EPT) post who is not fully qualified but has been in regular part time service without interruptions from a date prior to 01 September 1987;
(e) effective from 01 September 1996 a Lecturer holding a Pro Rata Part Time Assistant Lecturer position who is not fully qualified but was appointed to the post as a result of the special competition, confined to certain Part Time Lecturers which was held during the 1999/2000 academic year;
(f) effective from 01 September 2001, an unqualified Lecturer is automatically a pensionable employee. Prior service must be reckoned and contributions paid in accordance with Article 13;
(g) effective from 21 May 2008 a part time Lecturer appointed after that date will automatically be a pensionable employee, provided that he or she has an appropriate full time comparator and is in a pensionable post. Prior service must be reckoned and contributions paid in accordance with Article 13.
(5) Subject to Paragraph (2), each of the following persons is a member of this Part following acceptance of an option to become a member and on the terms attaching to the option:
(a) A Lecturer who was a member of the 1956 Scheme and who exercised an option during the period 27 May 1977 and 31 May 1978 or between 1 January 1990 and 30 November 1990 to become a member of Part 2;
(b) Effective from 01 September 2001, a part time Lecturer who has an appropriate full time comparator and who is in a pensionable post and who paid the appropriate contributions.
(6) On an employee’s first appointment to a pensionable post, the Institute shall make available to him or her a copy of the rules of this Scheme.
(7) A member who is not a new entrant may not continue in membership of this Scheme after having reached the compulsory retirement age.
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paragraphs: (1)“Pensionable employee” means a person employed in a pensionable post.
(2) Membership of this Part does not apply to a person—
(a) who is not a new entrant and whose potential pensionable service on appointment to a pensionable post would be less than the vesting period or
(b) who was given an option for membership under Paragraph 5 and who did not accept the option.
(3) Subject to Paragraph (2), membership of this Part is compulsory for all pensionable employees.
(4) Each of the following persons is automatically a pensionable employee if employed in a pensionable post:
(a) permanent wholetime officers who commenced employment in a pensionable post on or after 1 June 1978;
(b) Temporary wholetime officers with effect from 1 January 1998 in accordance with Department of Education and Science Circular Letter Pen 01/03 in the case of an officer employed by the Institute or in accordance with Department of Education and Science Circular Letter Pen 02/03 in the case of an officer employed by the Board;
(c) Co-ordinators, Resource Staff and part-time tutors employed in Youthreach Centres on or after 1 September 1996;
(d) Adult Literacy Organisers employed on or after 1 July 1999 in accordance with Department of Education and Science Circular Letter M15/2001;
(e) Adult Education Guidance Counsellors and Adult Education Guidance Co-ordinators in accordance with Department of Education and Science Circular Letter 70/04;
(f) Special Needs Assistants employed in an ETB from their date of appointment in the approved post;
(g) Non-officers who commenced employment on or after 1 June 1978, provided that, between that date and 20 December 2001, the minimum qualifying period was reached in the financial year;
(h) effective from 21 May 2008, a part-time officer or non-officer appointed after that date will automatically become a member of this Part, provided that he or she has an appropriate full-time comparator who is in a pensionable post.
(5) Subject to Paragraph 2, each of the following persons is a member of this Part following acceptance of an option to become a member and on the terms attaching to the option:
(a) An officer or non-officer who was a member of the 1956 Scheme and who exercised an option during the period 27 May 1977 and 31 May 1978, or between 1 January 1990 and 30 November 1990 to become a member of Part 2;
(b) effective from 1 April 1996, a part-time non-officer who has paid the appropriate contributions in accordance with Department of Education and Science Circular Letter 25/2008.
(6) On an employee’s first appointment to a pensionable post, the Board or Institute shall make available to him or her a copy of the rules of this Scheme.
(7) A member who is not a new entrant may not continue in membership of this Scheme after having reached the compulsory retirement age.
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paragraphs: (1) In this Part “pensionable remuneration” means the aggregate of—
(a) retiring salary and
(b) pensionable allowances.
(2) Retiring Salary means—
(a) where a member had the same scale of salary and has been in the same grade for the last 3 years of his or her pensionable service, the salary of the member at the date of retirement or death;
(b) where a member had not had the same scale of salary or had not been in the same grade in the last 3 years of his or her pensionable service and—
(i) where that member is under 62 years of age and dies in service, the salary of the member at the date of death, or
(ii) where that member ceases to be an active member on retirement on medical grounds before age 60 with potential service of 3 years or more to age 60 so as to avoid averaging, the salary of the member at date of retirement;
(c) In any case other than those set out in (a) and (b), retiring salary shall be averaged by multiplying by 1/1095 the annual rate of salary appropriate on the last day of pensionable service for each grade in which the member served during the last 3 years of pensionable service, and multiplying the result by the number of days of his or her employment in each grade during those years, subject to the retiring salary so taken not exceeding the annual basic rate of salary payable at retirement or death. Where the pensionable service of the member is less than 3 years, the number of days of pensionable service shall be substituted for 1095;
(d) in the case of a member who is working on a part-time basis and subject to Department of Public Expenditure and Reform Circular 11/2012—
(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;
(ii) where such service is given otherwise than 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 630, where the terms of Department of Education and Science Circular letter 25/08 apply, or
(iii) in the case of a member with Limited Scheme Membership, salary is based on the actual remuneration paid at retirement or death. In the case of a member who has fluctuating hours, remuneration is calculated on a year by year basis with reference to the uprated actual salary at retirement or death.
(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) Pensionable allowances means—
(a) Subject to Paragraphs (c) to (f), for the purposes of this Article pensionable allowances in respect of any member who ceases pensionable service 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 at all times during 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 pensionable allowances are held in the final 3 years of such pensionable service, and are held for more than the minimum period as specified by the Minister and for less than 3 years, the pensionable allowances for the purposes of this Article shall, subject to Paragraphs (e) and (f), comprise the average of the relevant allowance or allowances, determined in accordance with Paragraph (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) Paragraph (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) ceases to be an active member on retirement on medical grounds 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 Paragraph (e) shall be the aggregate of the annual rate of each such allowance held on the date of retirement or death.
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paragraphs: (1) In this Part “pensionable remuneration” means the aggregate of—
(a) retiring salary and
(b) pensionable allowances.
(2) Retiring Salary means—
(a) where a member had the same scale of salary and has been in the same grade for the last 3 years of his or her pensionable service, the salary of the member at the date of retirement or death;
(b) where a member had not had the same scale of salary or had not been in the same grade in the last 3 years of his or her pensionable service and—
(i) where that member is under 62 years of age and dies in service, the salary of the member at the date of death, or
(ii) where that member ceases to be an active member on retirement on medical grounds before age 60 with potential service of 3 years or more to age 60 so as to avoid averaging, the salary of the member at date of retirement;
(c) In any case other than those set out in (a) and (b), retiring salary shall be averaged by multiplying by 1/1095 the annual rate of salary appropriate on the last day of pensionable service for each grade in which the member served during the last 3 years of pensionable service, and multiplying the result by the number of days of his or her employment in each grade during those years, subject to the retiring salary so taken not exceeding the annual basic rate of salary payable at retirement or death. Where the pensionable service of the member is less than 3 years, the number of days of pensionable service shall be substituted for 1095;
(d) subject to Paragraph (e) and subject to terms of the Department of Public Expenditure and Reform Circular 11/2012, 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,
(ii) where such service is given otherwise than under a regular part-time or job-sharing/work-sharing contract and the member 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 wholetime equivalent hours, apply, or;
(e) in the case of a member with Limited Scheme Membership who is working on a part-time basis, salary is based on the actual remuneration at retirement or death. In the case a member has fluctuating hours, remuneration is calculated on a year by year basis using the uprated actual salary at retirement or death.
(3) For the purposes of Paragraph (2), in the case of a person on 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) Pensionable Allowance means—
(a) Subject to Paragraphs (c) to (f), for the purposes of this Article pensionable allowances in respect of any member who ceases pensionable service 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 at all times during 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 pensionable allowances are held in the last 3 years of such pensionable service and are held for more than the minimum period as specified by the Minister and for less than 3 years, the pensionable allowances for the purposes of this Article shall, subject to Paragraphs (e) and (f), comprise the average of the relevant allowance or allowances determined in accordance with Paragraph (d);
(d) The average of a relevant allowance shall be determined by the following formula:
(e) Paragraph (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) ceases to be an active member on retirement on medical grounds 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 Paragraph (e) shall be the aggregate of the annual rate of each such allowance held on the date of retirement or death;
(g) Variable allowances are reckonable for pension purposes in accordance with the provisions of Department of Education and Science Circular Letter 87/2008.
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paragraphs: (1) Other than for a benefit under Article 22 (Retirement on Medical Grounds) payable where a member has less than 2 years’ service, a scheme member who has not completed the vesting period will not be entitled to receive personal pension benefits and on leaving service will be entitled to a refund of contributions under Article 13(4).
(2) Subject to Paragraph (3), if the member has completed the vesting period, he or she may not receive such benefits until he or she has reached the minimum pension age in the case of retirement or the preserved pension age where the member resigns with an entitlement to a preserved pension.
(3) Notwithstanding Paragraph (2), pensions benefits may be payable under this Part to a member before the minimum pension age or the preserved pension age, as the case may be, in accordance with the provisions of Article 22 (Retirement on medical grounds), Article 18 (Preserved Pension payable on Medical Grounds) or Article 21(Cost Neutral Early Retirement).
(4) Benefits in respect of a member on death in service, may be paid without reference to the vesting period or the minimum pension age.
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paragraphs: The minimum pension age for new entrants is 65 and for all other members is age 60.
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paragraphs: The preserved pension age is age 65 for new entrants and age 60 for all other members.
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paragraphs: (1) For the purposes of this Part, pensionable service shall exclude service given after the age limit in the case of a member who is not a new entrant and, subject to a maximum of 40 years’ service in this Scheme, subject to a maximum of 1 years’ reckonable service for each year as a member of this Part and subject to Article 65 (Prohibition as Duplication of Benefits) and Article 75 (Treatment of Earlier Service), comprise the aggregate of-
(a) paid service given as a Lecturer on or after the commencement of scheme membership (not being service falling within Paragraph (c) of this paragraph) and, in the case of a member who is not a new entrant, such service shall exclude service given after reaching the age limit, provided that any period during which a member was or is a work-sharer or job-sharer shall be reckonable in the proportion which the hours worked bear to comparable whole-time hours;
(b) service given in a full-time position as a Lecturer before the date of commencement of membership that has been purchased in accordance with Article 13(2) (Contributions);
(c) service given in a part-time position as a Lecturer on or after the commencement of scheme membership on the basis of the relevant provisions in subparagraphs (d) to (g);
(d) where the service referred to in Paragraph (c) was given on or after 1 September 2001, all such service 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 respect of an academic year, in accordance with the formula:
(e) where the service referred to in Paragraph (c) was given on or after 1 September 1996 and before 1 September 2001-
(i) in the case of a member whose hours worked in the academic year come to at least half of comparable wholetime yearly service subject to maximum credit of one year’s pensionable service, all of such service calculated, in respect of an academic year, in accordance with the following formula:
(ii) in the case of a member who gave less than half of comparable yearly service in the academic year by applying the following formula to only so much of the hours so worked that comprise 7 or more hours worked in the week or each of the weeks concerned:
(f) Where the service referred to in Paragraph (c) was given between 1 September 1977 and 31 August 1996, where hours worked in the academic year are—
(i) equal to or greater than comparable wholetime service, the service is credited as 1 year of reckonable service,
(ii) at least half, but less than, comparable wholetime yearly service the service credited is the total hours worked divided by comparable yearly service,
(iii) in the case of a member who gave less than half of comparable wholetime yearly service, pensionable service is credited for each week of at least 10 hours, in the proportion which the total reckonable hours worked bear to comparable wholetime yearly service.
(I) in the case of a College Teacher post from 1 December 1979, 700 hours,
(II) in the case of a Lecturer I post from 2 December 1979 to 31 August 1982, 595 hours,
(III) in the case of a Lecturer I post from 1 September 1982, 560 hours, and
(IV) in the case of a Lecturer post from 1 September 1998, 560 hours.
(g) Where the service referred to in Paragraph (c) was given prior to 1 September 1977—
(i) where the number of hours of service given in an academic year is equal or greater than 800, pensionable service in that academic year is 1 year;
(ii) where the number of hours of service given is 400 or greater and less than 800, one-half of one years’ pensionable service;
(iii) where a member gives less than 400 hours of service in an academic year, pensionable service credit of one-half of a week is given for each week worked comprising 10 hours or more. Pensionable service, expressed as a fraction of a year, is calculated by applying the formula:
(h) where a member gave service in a part-time position as a Lecturer before the date of commencement of scheme membership for which contributions have been paid in accordance with Article 13(2), the amount of service to be determined in accordance with Paragraphs (d) to (g);
(i) in the case of part-time staff who are in Limited Scheme Membership who resign, retire or die while serving on a part-time basis, service is credited as one full year for each year of service, but final salary is in accordance with Article 6(2)(d)(iii);
(j) EPT service given in any academic year shall be reckoned in the proportion which the contracted weekly hours bear to wholetime weekly hours for the EPT post. Service as Pro-rata part-time lecturer shall also be reckoned in this way.
(2) No member is entitled to a period of pensionable service, other than any ill-health added years awarded on retirement on medical grounds as defined in Article 22, unless the appropriate contributions have been paid.
(3) The following actual or notional pensionable service may be added to actual service subject to the relevant conditions, the limit on reckonable service of 40 years and a maximum aggregate added years under paragraphs (c) and (e) of 10 years—
(a) service which is pensionable (or but for the condition that it is less than the vesting period would be pensionable) under an approved pension scheme and has been transferred to this Scheme under the Transfer Networks;
(b) notional service which a member may opt to purchase in accordance with Chapter 2 of Part 2 (Additional Voluntary Benefits: Purchase of Notional Service);
(c) any notional service credited under Article 22 (Retirement on Medical Grounds);
(d) in the case of a member for whom a transfer value in respect of superannuation benefits in a former employment other than service referred to in Paragraph (a) is received by this Scheme, such additional service as the amount of the transfer value will purchase on the basis of actuarial tables approved by the Minister for Public Expenditure and Reform;
(e) professional added years in accordance with Department of Environment Circular Letter S.6/87 and Department of Education and Science Circular Pen 03/05 and Department of Education and Science Circular Pen 23/05;
(f) such additional service as may be credited by the repayment, with compound interest, of a marriage gratuity in accordance with terms approved by the Minister for Public Expenditure and Reform;
(g) special leave without pay for a person 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 that contract is 6 months or longer and the person is a member of this Scheme at the beginning of the contract and the organisation purchases the service in accordance with Chapter 2 of Part 2 (Additional Voluntary Benefits: Purchase of Notional Service);
(h) where a member of this Part is granted special leave without pay by the Institute in order to take up an appointment with an institute of the European Union and such special leave ceases by reason of his or her return to employment in a pensionable post in the Institute, he or she shall be entitled to reckon as service the period of service with the E.U. institution which was actual service reckonable for the purposes of the institution’s pension scheme where—
(i) he or she is not awarded a pension, preserved pension, severance gratuity, compensation payment or any equivalent benefit from the E.U. institution, and
(ii) the E.U. institution makes an agreed payment to the Board or Institute in respect of such service;
(i) such additional service as may be credited by the repayment, with compound interest, of a gross superannuation refund received on resignation in respect of a previous period of service in accordance with terms approved by the Minister for Public Expenditure and Reform.
(4) Except as otherwise provided for in this Part, a period of unpaid leave of absence or of unpaid absence from service is not reckonable for pension purposes.
num: 12
paragraphs: (1) For the purposes of this Part, pensionable service in respect of non-academic officers and non-officers shall exclude service given after the age limit in the case of a member who is not a new entrant, subject to a maximum of 40 years, subject to a maximum of one years’ service in any one year and subject to Article 65 (Prohibition on Duplication of Benefits) and Article 75 (Treatment of Earlier Service), comprise the aggregate of-
(a) paid service given on or after the commencement of scheme membership (not being service falling within Paragraph (c) of this paragraph) and, in the case of a member who is not a new entrant, such service shall exclude service given after reaching the age limit, provided that any period during which a member was or is a work-sharer or job-sharer shall be reckonable in the proportion which the hours worked bear to comparable whole-time hours;
(b) service given in a wholetime position before the date of commencement of membership that has been purchased in accordance with Article 13 (Contributions);
(c) service given in a part-time position on or after the commencement of scheme membership on the basis of the relevant provisions in Paragraph (d) to (f) or such other provisions as determined by the Minister;
(d) Where the service referred to in Paragraph (c) was prior to 27 May 1977, and where the hours worked per week were 18 hours or more, the service reckons on the basis of one half of the comparable full-time service;
(e) Where the service referred to in Paragraph (c) was given on or after 27 May 1977 and before 1 September 2001 in the case of an officer or before 1 April 1996 in the case of a non-officer, and where the hours worked were at least 10 hours per week, the service will reckon in the proportion which the hours worked bear to comparable full-time service;
(f) Where the service referred to in Paragraph (c) was given on or after 1 September 2001 in the case of an officer or 1 April 1996 in the case of a non-officer, all hours worked are reckonable in the proportion which the hours worked bear to comparable full-time service;
(g) qualifying days given by non-officers on payment of the appropriate contributions;
(h) service given in a part-time position before the date of commencement of scheme membership for which contributions have been paid in accordance with Article 13, the amount of service to be determined in accordance with paragraphs (d) to (f) or such other provision as determined by the Minister;
(i) in the case of part-time staff who are in Limited Membership and resign, retire or die while serving on a part-time basis, service is credited as one full year for each year in service, but final salary is calculated in accordance with Article 7(2)(e).
(2) No member is entitled to a period of pensionable service, other than ill-health added years awarded on retirement on medical grounds as defined in Article 22, unless the appropriate contributions have been paid.
(3) The following actual or notional pensionable service may be added to actual service in this Scheme subject to the relevant conditions, the limit on reckonable service of 40 years and a maximum aggregate added years under paragraphs (c) and (e) of 10 years—
(a) service which is pensionable (or but for the condition that it is less than the vesting period would be pensionable) under an approved pension scheme and has been transferred to this Scheme under the Transfer Networks;
(b) notional service which a member may opt to purchase in accordance with Chapter 2 of Part 2 (Additional Voluntary Benefits: Purchase of Notional Service);
(c) any notional service credited under Article 22 (Retirement on Medical Grounds);
(d) in the case of a member for whom a transfer value in respect of superannuation benefits in a former employment other than service referred to in Paragraph (a) is received by this Scheme, such additional service as the amount of the transfer value will purchase on the basis of actuarial tables approved by the Minister for Public Expenditure and Reform;
(e) in the case of Officers, professional added years in accordance with Department of Environment Circular S. 6/87 and Department of Education and Science Circular Pen 03/05 and Department of Education and Science Circular PEN 23/05;
(f) Such additional service as may be credited by the repayment, with compound interest, of a marriage gratuity in accordance with terms approved by the Minister for Public Expenditure and Reform;
(g) special leave without pay for a person 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 that contract is 6 months or longer and the person is a member of this Scheme at the beginning of the contract and the organisation purchases the service in accordance with Chapter 2 of Part 2 (Additional Voluntary Benefits: Purchase of Notional Service);
(h) Where a member of this Part is granted special leave without pay by the Board or Institute in order to take up an appointment with an institute of the European Union and such special leave ceases by reason of his or her return to employment in a pensionable post in the Board or Institute, he or she shall be entitled to reckon as service the period of service with the E.U. institution which was actual service reckonable for the purposes of the institution’s pension scheme where—
(i) he or she is not awarded a pension, preserved pension, severance gratuity, compensation payment or any equivalent benefit from the E.U. institution, and
(ii) the E.U. institution makes an agreed payment to the Board or Institute in respect of such service;
(i) Such additional service as may be credited by the repayment, with compound interest, of a gross superannuation refund received on resignation in respect of a previous period of service in accordance with terms approved by the Minister for Public Expenditure and Reform.
(4) Except as otherwise provided for in this Part, a period of unpaid leave of absence or of unpaid absence from service is not reckonable for pension purposes.
num: 13
paragraphs: (1) Contributions under this Part for service given after entry to the Scheme membership are:
(a) in the case of members who are not fully insured, 5% of remuneration;
(b) in the case of members who are fully insured, 1.5% of remuneration and 3.5% of net remuneration;
(c) in the case of part-time members to whom Limited Membership applies, under the terms of the Department of Education and Science Circular Letter 30/99 or Department of Education and Science Circular Letter 24/08, 1.5% of actual remuneration and 3.5% of net actual remuneration;
(d) in the case of part-time members who are fully insured and the revised arrangements for certain part-time public servants applies, under the terms of Department of Education and Science Circular letter 25/08, 1.5% of remuneration and 3.5% of net remuneration multiplied in each case by the proportion the contract hours bear to the wholetime equivalent hours;
(e) in the case of a part-time member who pays contributions in accordance with Paragraph (c) and subsequently becomes wholetime, he or she must pay the appropriate pro-rata contributions in accordance with Paragraph (d);
(f) Where in respect of any members referred to in paragraphs (a) and (b), in respect of any period that that member was not working on a full-time basis, contributions are adjusted by proportion that the number of hours worked bears to comparable whole-time hours, in accordance with Paragraph (d).
(2) Contributions under this Part for service given prior to entry to Scheme membership are:
(a) in the case of officers and established non-officers who are not fully insured-
(i) in the case of temporary whole-time service, 2.5% of historic pay for any reckonable service given up to 31 December 1985 and 5% of historic pay for any reckonable service given after that date;
(ii) in the case of reckonable part-time service, 5% of historic pay for any reckonable service;
(iii) where there is a liability for contributions under subparagraph (a) (i) or (ii), he or she should receive a notification that the contributions outstanding should be paid over a specified period of time;
(iv) where the outstanding contributions are not paid within the specified period in Paragraph (iii), compound interest shall be applied to any outstanding balance. Any outstanding contributions together with compound interest shall be deducted from the benefits payable under this Scheme.
(b) In the case of non-officers who are fully insured:
(i) in the case of non-officers who were admitted to membership of this Scheme before 1 April 1996 and who have prior full-time service to be purchased the rate of contribution is 4% of historic pay for service given up to 26 May 1977 and 1.5% of historic pay plus 3.5% of historic net pay for service given from 27 May 1977 to 31 March 1996;
(ii) in the case of non-officers who were admitted to this Scheme after 1 April 1996, and who have prior part-time service to be purchased, the rate of contribution is 1.5% of actual remuneration plus 3.5% of net actual remuneration;
(iii) in the case of non-officers who opted to join in accordance with Department of Education and Science Circular Letter 25/2008, after 1 April 1996, and who have prior part-time service to be purchased, the rate of contribution is 1.5% of remuneration plus 3.5% of net remuneration multiplied in each case by the proportion the contract hours bear to the wholetime hours, but in respect of service given prior to 1 April 1996, at the remuneration and contributory State Pension rates on 1 April 1996;
(iv) where there is a liability for contributions under Paragraph (i), (ii) or (iii), or additional contributions under Part 2 membership for certain part-time public servants, he or she should be presented with the notification to pay the necessary contributions. The member should be informed in writing that he or she must pay the contributions over a specified period of time;
(v) where there is a liability for contributions under Paragraph (i) or (ii) and where the outstanding contribution is not paid within the specified period of time under Paragraph (iv), compound interest shall be applied to any outstanding balance. Any outstanding balance including compound interest shall be deducted from any benefits payable under this Scheme;
(vi) where there is a liability for contributions under Paragraph (iii) and where the outstanding contributions are not paid within the specified period of time under Paragraph (iv), the outstanding liability will be determined by the salary and contributory State Pension rates applicable on the date of payment. Any outstanding liability shall be deducted from any benefit payable under this Scheme, based on the salary and contributory State Pension rates applicable at the time of the payment of the benefit.
(c) in the case of members, other than non-officers who are fully insured-
(i) in the case of wholetime members who had prior service, the rate of contribution is 1.5% of remuneration and 3.5% of net remuneration for each year of liability;
(ii) where there is a liability for past service under Paragraph (i), and a delay in notification is not the fault of the member, the relevant contributions should be calculated on the basis of the remuneration and contributory State Pension rates applicable on the date which is three months after the date the member became pensionable;
(iii) in the case of members who had prior part-time service before 1 September 2001 the rate of contribution is the rate set out in Paragraph (i) but based on remuneration and contributory State pension rate on 20 December 2001 or the remuneration held and the contributory State Pension rate in force within three months of appointment to a pensionable post, whichever is the more favourable;
(iv) where there is a liability for contributions under Paragraph (i) or (iii), and the member has not been formally notified by the Scheme administrator of the relevant contributions outstanding, he or she shall be given three months to pay the outstanding contributions from the date of notification;
(v) if the contributions due exceed 20% of the Officers gross annual salary, the three month period can be extended to ensure that the payments are maintained below the 20% threshold;
(vi) in giving a member notice of a liability for outstanding contributions under Paragraph (iv), the Scheme administrator shall inform the member in writing that if the sum outstanding is not paid in full within the period under Paragraph (iv) or (v), compound interest will accrue on any outstanding balance from the date the period expires;
(vii) where there is a liability for contributions under Paragraph (i) or (iii) and where the outstanding contributions are not paid within the specified period of time referred to in Paragraph (iv) or (v), compound interest will be applied to any outstanding contributions. Any outstanding liability including compound interest will be deducted from any benefit payable under the scheme;
(viii) where there is a liability for contributions under Department of Education and Science Circular Letter 25/2008, he or she should be presented with the notification to pay the necessary contributions. The member should be informed in writing by the Board or Institute that he or she must pay the contributions in accordance with the time limits set out in that Circular or if the member is notified, on or after 1 September 2014, of contributions due, he or she must pay the necessary contributions in accordance with the time limits set out in Department of Education and Skills Circular Letter 62/2014;
(ix) if the full liability for outstanding contributions under Paragraph (viii) is not discharged in accordance with the time limits referred to in that Paragraph, the outstanding liability will be determined by salary and contributory State Pension rates applicable on the date of payment. Any outstanding liability will be deducted from any benefits payable under this Scheme based on the salary and contributory State Pension rates applicable at the date of payment of the benefits.
(3)(a) Where a member is in receipt of a reduced rate of remuneration because of absence from employment during a period in respect of which the member was in receipt of sick pay, the contributions in respect of that period will be calculated by reference to the rate of remuneration payable to him or her if he or she were not so absent.
(b) No contributions are payable during a period in respect of which a member is in receipt of Temporary Rehabilitation Remuneration.
(4)(a) Where a member who has not completed the vesting period—
(i) whose active membership of this Scheme ceases other than on medical grounds or death, and
(ii) who does not transfer his or her pensionable service in accordance with the Transfer Network,
(5) Where a person—
(a) has had contributions returned under Paragraph (4),
(b) is subsequently re-employed before 21 May 2008 as a pensionable member in this Scheme or in another Public Service Pension Scheme to which the service may be transferred, and
(i) pays such amount to the Board or Institute as would, on the date of payment or of the final payment where Paragraph (4) applies, represent the gross amount of contributions paid to him or her with, compound interest on such amount as may be specified by the Board or Institute and such rate of interest as determined by the Minister for Public Expenditure and Reform,
(c) is subsequently re-employed after 21 May 2008 as a pensionable member in this Scheme or in another Public Service Pension Scheme to which the service may be transferred, and
(i) where the period of service being restored has been given since 1 September 2001 in the case of an officer or since 1 April 1996 in the case of a non-officer, the period will be restored through paying contributions to the Board or Institute on the basis of wholetime equivalent pay rates current at the time of payment or
(ii) where the period of service being restored has been given prior to 1 September 2001 in the case of an officer or prior to 1 April 1996 in the case of a non-officer, the service will be restored by payment of such amount to the Board or Institute as would, on the date of payment or of the final payment, represent the amount of gross contributions paid to him or her with compound interest on such amount and at such rate per annum as may be specified by Board or Institute with the approval of the Minister for Public Expenditure and Reform.
(6) For the purposes of Paragraph (5), the Board or Institute may at its discretion agree to accept payment of the amount concerned in more than one payment but, unless otherwise provided for in this Article, compound interest will continue to apply on all outstanding contributions.
num: 14
paragraphs: (1) A member who is not fully insured who retires having attained the minimum pension age shall be eligible to receive a pension of an amount per annum calculated at the rate of 1/80th of his or her pensionable remuneration at retirement for each year of pensionable service.
(2) Subject to Paragraphs (3) and (4), a member who is fully insured and has a pension in payment on or after 1 January 2004, or retires on or after that date having completed the vesting period and having attained the minimum pension age, shall be eligible to receive a pension of an amount per annum calculated in accordance with the formula:
(a) if the member’s pensionable remuneration is less than or equal to 3 and 1/3rd times the annual rate of contributory State Pension payable on the last day of the member’s pensionable service, the amount of the member’s pensionable remuneration;
(b) if the member’s pensionable remuneration exceeds 3 and 1/3rd times the annual rate of contributory State Pension payable on the last day of the member’s pensionable service, that part of the member’s pensionable remuneration which equals 3 and 1/3rd times the rate of contributory State Pension;
(3) Where a former member who was fully insured and who had an entitlement to a pension prior to 1 January 2004, that pension in respect of any period in payment prior to 1 January 2004 is calculated as 1/80th of his or her net pensionable remuneration at retirement for each year of pensionable service.
(4) Where a member or former member has Limited Membership the pension is calculated as 1/80th of his or her net pensionable remuneration at retirement for each year of pensionable service.
num: 15
paragraphs: (1) A member who retires having attained the minimum pension age shall be eligible to receive a lump sum calculated at the rate of 3/80th of pensionable remuneration for each year of pensionable service subject to a maximum of 120/80th.
(2) Where a general increase in pay becomes effective within a period of 3 months following the member’s 65th birthday and the former member who has opted to retire on his or her 65th birthday is alive on the date the increase becomes effective, the lump sum determined under Paragraph (1) may be adjusted to take into account the pensionable remuneration which would have applied on the date such general increase becomes effective.
num: 16
paragraphs: (1) If the person who has been granted a pension and lump sum dies and the aggregate amount of—
(a) pension paid or payable (including any amount which would have been payable had the provisions of Article 63 (Employment subsequent to Resignation or Retirement) or Article 64 (Re-employment of a Pensioner by a Public Service Body) not applied, and
(b) the lump sum (before any deductions are made for non-periodic contributions in respect of survivor’s benefits or other contributions deducted from the lump sum)
num: 17
paragraphs: (1) Where a member ceases to be an active member after completing the vesting period before preserved pension age other than—
(a) on retirement on medical grounds with immediate pension, having completed the ill-health vesting period or
(b) not having completed the ill-health vesting period and having opted in writing for the gratuities under Article 22(2), (Retirement on Medical Grounds),
(i) he or she does not receive any other benefit in respect of the service which gave rise to preserved pension or lump sum, and
(ii) that service is not reckoned for pension purposes by him or her in another employment in any public service pension scheme.
(2) Where a member to whom Paragraph (1) applies and provided that member became a Part 2 member before 1 February 1995, he or she may, in writing, waive the entitlement to preserved pension and preserved lump sum and apply to have his or her superannuation contributions returned to him or her by the Board or Institute. On receipt of the member’s application, the Board or Institute shall return the relevant contributions to the former member, less an amount equal to income tax or any other statutory liability, and the Board or Institute shall not grant any other benefit to or in respect of the former member.
num: 18
paragraphs: (1) A preserved pension shall be the amount which would have been awarded to the former member under Article 14 (Pension Calculation on Retirement) if he or she had attained minimum pension age on the date of resignation, as adjusted in accordance with Article 71 (Adjustment to Pensions) in the interval between the date of resignation and the date of attaining preserved pension age.
(2) A preserved pension shall be awarded to the former member on attaining preserved pension age and on application being made by him or her. Where the former member dies on or after attaining the preserved pension age without having applied for the preserved pension, an amount equal to the preserved pension which would have been payable between the preserved pension age and the date of death shall be payable to the legal personal representative of the former member on valid application being made.
(3) Where a person to whom Paragraph (1) applies incurs permanent ill-health and satisfies the Board or Institute that, if still serving, he or she would be eligible to retire on medical grounds under Article 22(7), (Retirement on Medical Grounds) then a preserved pension and preserved lump sum may be paid with effect from the date, without the award of ill-health added years, (not earlier than the date of the receipt by the Board or Institute of the former member’s application) on which the Board or Institute is so satisfied.
(4) Where a preserved pension is granted to a person in accordance with Paragraph (3), the Board or Institute may, at any time after the person is awarded the pension and before the person has reached the preserved pension age, review or further review the matter and upon such reviews—
(a) where the pension is being paid and the Board or Institute is satisfied that, had the application been made at the date of the review (or further review), such application would not have been granted, the Board or Institute shall grant no further payments of pension from the date of the review until the person attains the preserved pension age, or
(b) where the payment of the pension has ceased in accordance with Paragraph (a), and the Board or Institute is satisfied that, had such application been made at the date of the further review the application would have been allowed, payment of the pension shall be recommenced, from the date of the further review.
num: 19
paragraphs: (1) The amount of a preserved lump sum or preserved death gratuity shall be the amount which would have been awarded to the former member under Article 15 (Lump Sum Calculation on Retirement) if he or she had attained minimum pension age on the date of resignation, as adjusted by reference to Article 71 (Adjustment to Pensions) in the interval between the date of resignation and the date—
(a) on which he or she attains the preserved pension age, in the case of a preserved lump sum, or
(b) of his or her death before preserved pension age, in the case of a preserved death gratuity.
(2) A lump sum shall be awarded to the former member on attaining preserved pension age and on application being made by him or her or in the event that he or she dies before reaching that age, a preserved death gratuity shall be payable in respect of the member on application by his or her legal personal representative.
20. (1)(a) A new entrant who is entitled to preserved benefits payable at age 60 in respect of earlier service as a member, or
(b) a fully insured member who is entitled to preserved benefits as a member during which service he or she was not fully insured,
(i) payment of the preserved pension not commencing before the date on which his or her membership of the Scheme ceases,
(ii) in the event of death in service, for the purposes of Article 24(1)(a), (Death Gratuity on Death in Service) actual annual remuneration is reduced by an amount calculated as 3/80th of pensionable remuneration, as adjusted in accordance with Article 71 (Adjustment to Pensions), at date of death for each year of earlier service as a scheme member, and
(iii) in the event of death in service, the aggregate of the preserved death gratuity and the death gratuity shall not exceed the amount of gratuity calculated on the basis of 40 years pensionable service.
(2) In the absence of receipt of a valid option under Paragraph (1) the Board or Institute will pay the benefits due on the basis of the aggregate of the 2 periods of service.
num: 21
paragraphs: (1) This Article shall be deemed to have come into operation on 1 April 2004.
(2)(a) In this Article—
(3) Where—
(a) on or after 1 April 2004, a member, having completed the vesting period, resigns and on the date on which that resignation has effect he or she has not attained the preserved pension age but has attained or will have attained the specified age, and
(b) before the date on which that resignation has effect, the member had applied in writing to the Board or Institute to have his or her pension and lump sum benefits paid with effect from that date, and
(c) the Board or Institute agrees to those benefits being so paid,
(4) In this Article, a reference to an application for cost neutral early retirement being granted is a reference to such an application that is made, and which is granted, in accordance with the relevant circular.
(5) Subject to Paragraphs (9) to (11), where an application for cost neutral early retirement by a member is granted, the amount of lump sum and pension payable to the member shall be the amount, if any, arrived at by the formula:
(a) column (2) or (3), as the case may be, of the Table in Paragraph 6(a) of this Article in the case of members who have a preserved pension age of 60, or
(b) column (2) or (3), as the case may be, of the Table in Paragraph 6 (b) of this Article in the case of members who have a preserved pension age of 65
(6) TABLES
(7) Where an application for cost neutral early retirement by a member is granted, the relevant actuarial reduction factor shall apply for the lifetime of the payment of the pension and the member shall not be entitled to receive a preserved pension on reaching the preserved pension age.
(8) Where an application for cost neutral early retirement by a member is granted, a supplementary pension in accordance with Article 23 (Supplementary Pension) may be payable to the former member but not before reaching his or her preserved pension age.
(9) Where a member, who is not a new entrant, is purchasing notional service in accordance with Chapter 2 of this Part (Additional Voluntary Benefits) on the basis of retiring on attaining 65 years of age and his or her application for cost neutral early retirement is granted then, in determining pensionable service for the purpose of the formula specified in Paragraph (5), the notional purchase actuarial reduction factors appropriate to retirement at 60 years of age shall be applied to the proportionate amount of notional service purchased at the time of resignation or, where purchase is being made by way of lump sum, the amount of notional service contracted for, and that figure shall be added to actual pensionable service.
(10) Where a member, other than a person to whom Paragraph (1) applies, is purchasing notional service in accordance with Chapter 2 of this Part (Additional Voluntary Benefits) and his or her application for cost neutral early retirement is granted then, in determining pensionable service for the purpose of the formula specified in Paragraph (5), the proportionate amount of notional service purchased at the time of resignation or, where purchase is being made by way of lump sum, the amount of notional service contracted for, shall be added to actual pensionable service.
(11) Where a person who has been awarded Professional Added Years opts for cost neutral early retirement two reductions will apply. Firstly, the appropriate reduction arrangements (under the relevant Added Years Scheme) which apply in the case of termination of service below minimum pension age will apply. Secondly, the resultant service (if any) will then be added to actual service and the relevant cost neutral early retirement factor in the relevant Table in Paragraph 6 will be applied to the preserved benefits derived from the aggregate service.
(12) Notwithstanding anything in Article 11 and Article 12 (Pensionable Service), where a person retires on foot of an application for cost neutral early retirement that has been granted and subsequently is appointed to a pensionable post, pensionable service in respect of which that application was granted shall not be reckonable for the purposes of calculating pensionable service on his or her future retirement or for transferring service in accordance with the Transfer Network.
num: 22
paragraphs: (1) A member who has completed at least one year’s actual pensionable service and less than the vesting period who ceases to be an active member on retirement on medical grounds in accordance with Paragraph (7) shall be eligible to receive a gratuity of 1/12th of pensionable remuneration at retirement for each year of pensionable service.
(2) A member who has completed the vesting period but not the ill-health vesting period who ceases to be an active member on retirement on medical grounds in accordance with Paragraph (7) shall be eligible to receive a gratuity of 1/12th of pensionable remuneration for each year of pensionable service and, in addition, a gratuity equal to 3/80th of pensionable remuneration for each year of pensionable service, provided the member opts in writing to accept such gratuities in lieu of any preserved benefits under the scheme.
(3) A member who has completed the ill-health vesting period and who ceases to be an active member on retirement on medical grounds in accordance with Paragraph (7), may have a period of notional service (to be referred to as “ill-health added years”) as provided for in Paragraph (4), added to his or her pensionable service and have pension and lump sum payable from a date as determined by the Board or Institute.
(4) The ill-health added years shall be calculated as follows—
(a) a member whose actual pensionable service is between 5 and 10 years will be allowed an equivalent amount of ill-health added years, provided such added years does not exceed the additional amount of pensionable service the member would have had, if he or she served to age 65 or, if earlier, the date on which the member’s contract of employment would expire;
(b) a member whose actual pensionable service is between 10 and 20 years will be allowed the more favourable of—
(i) added years equal to the period by which 20 years exceeds the member’s actual pensionable service, provided such added years does not exceed the additional amount of pensionable service the member would have had if he or she had served to 65 or, if earlier, to the date on which his or her contract of employment would expire; or
(ii) 6years and 243 days, the added years not to exceed the additional amount of pensionable service the member would have had if he or she served to age 60 or, if earlier, to the date his or her contract of employment would expire;
(c) A member who has more than 20 years of actual pensionable service at retirement will be allowed added years, whichever is the lesser of—
(i)6 years and 243 days, or
(ii) the amount of additional service the member would have had, if he or she had served to age 60, or, if earlier, to the date on which his or her contract of employment would expire.
(5) Where there is a limit stipulated for the total amount of added years in Paragraph 4 by reference to potential service to age 60 or 65, such years will be calculated in respect of job-sharing, work-sharing or part-time members as provided for in Department of Public Expenditure and Reform Circular 11/2012.
(6) In calculating added years under Paragraph (4), service which is transferred under the Transfer Networks or service in respect of which an application has been received by the Board or Institute to transfer service shall be taken into account by the Board or Institute as if it was actual pensionable service.
(7) Subject to the provisions of the ill-health retirement procedures of the Board or Institute as approved from time to time by the Minister, where a member ceases to be an active member on retirement on medical grounds, a benefit under this Article shall only be paid where the following conditions are met—
(a) Medical evidence must be supplied, in relation to which the Board or Institute must be satisfied that the member is incapable due to infirmity of mind or body of discharging the duties of his or her post and that the infirmity is likely to be permanent. The member must, when requested by the Board or Institute, undergo examination by a registered medical practitioner and his or her case must be assessed by an Occupational Physician nominated by the Board or Institute. The Occupational Physician will make a recommendation to the Board or Institute based on the evidence available;
(b) the retirement must be wholly due to the infirmity;
(c) the infirmity must not be caused by the member’s own fault or negligence;
(d) the member must not have made a false declaration about his or her health nor have supressed a material fact about his or her health when applying to take up a post in the Board or Institute;
(e) the decision to approve an application for retirement on medical ground is made by the Board or Institute based on the recommendation of the Occupational Physician.
(8) Where any of the conditions in Paragraph (7) are not met, Articles 14 (Pension Calculation on Retirement) and 15 (Lump Sum Calculation on Retirement) or Articles 17 (Preservation of Benefits), 18 (Preserved Pension Calculation etc.), 19 (Preserved Lump Sum etc.) or 21 (Cost Neutral Early Retirement), shall apply, as appropriate, in lieu of benefits under this Article.
(9)(a) A member who ceases to be an active member on retirement on medical grounds and is in receipt of ill-health retirement pension benefit, may from time to time be required by the Board or Institute to submit medical evidence of the continued existence of the ill-health, and may be required to attend for medical examination.
(b) Prior to taking up any post in a Board or Institute, following application for and provisional appointment to such a post in the case of a former member to whom Paragraph (a) applies, he or she must submit fresh medical evidence to the Occupational Physician nominated by the Board or Institute.
(c) If the Occupational Physician deems the former member medically fit to be employed,
(i) Pensions benefits in payment will cease immediately on taking up a post under Paragraph (b),
(ii) future pension and lump sum benefits will be based on actual service and will not include the notional ill-health added years in the calculation and
(iii) the lump sum awarded on subsequent retirement will be reduced by the amount of the lump sum paid on the occurrence of the first retirement.
(d) If a member fails or refuses to submit medical evidence of the continued existence of the ill-health and/or attend for medical examination the pension benefits in payment will cease.
num: 23
paragraphs: (1) This Article refers to a member who—
(a) is fully insured as a member of this Scheme, or,
(b) whose pension is calculated on a combination of service provided when the person was not fully insured and of service provided when the person was fully insured under this Scheme, and
(2) Where a member to whom Paragraph (1) applies—
(a) for reasons outside of his or her control, fails to qualify for a Social Welfare Benefit or qualifies for a Social Welfare benefit at a reduced rate,
(b) is unemployed and
(c) other than a person in receipt of a pension under Article 22 (Retirement on Medical Grounds), has reached the preserved pension age,
(3) The amount of supplementary pension payable shall be the amount, if any, arrived at by the formula:
(4) A member who is in receipt of a supplementary pension under this Article, is obliged to inform the Board or Institute if circumstances change which would affect his or her eligibility for a supplementary pension or which would impact on the amount of supplementary pension for which he or she is eligible.
(5) The Board or Institute shall review supplementary pensions in payment periodically and shall confirm whether or not a supplementary pension should continue in payment and the rate of such payment (if any).
num: 24
paragraphs: (1) Subject to Article 20 (Split Pensions in this Scheme), if a member dies while an active member, his or her legal personal representative shall be eligible, subject to Paragraph (3), to receive a death gratuity which will be the greater of—
(a) his or her actual annual remuneration payable at date of death,
(b) the lump sum that would have been payable had the member retired on medical grounds on the date of his or her death, or
(c) in the case of a non-officer who dies in service after 23 February 1996, a sum not exceeding 97.43% of the second point of the Local Authority Craftworker’s pay scale or from such dates as may be fixed from time to time by the Minister, such other sum as may be determined by the Minister with the consent of the Minister for Public Expenditure and Reform,
(2) Notwithstanding the provisions of Paragraph (1), the gratuity may, in respect of a member who dies in service on or after 1 January 1986 and who is married or in a civil partnership at date of death, be granted at the discretion of the Board or Institute, with the approval of the Minister, but subject to Paragraph (3), to the spouse or civil partner, as appropriate.
(3) Payment of a Death Gratuity under this Article, is subject to compliance with the requirements of the Office of the Paymaster General.
num: 25
paragraphs: A member who retires may surrender a portion of their pension to a civil partner, spouse or specified dependant in accordance with the terms and conditions approved by the Minister from time to time with the consent of the Minister for Public Expenditure and Reform.
num: 26
paragraphs: (1) Where a member is injured—
(a) in the actual discharge of his or her duty, and
(b) without his or her own default, and
(c) by some injury attributable solely to the nature of his or her duty,
(2) Where an allowance is granted under this Article to, or in respect of, an injured person and there is also payable to, or in respect of him or her, all or any of the following:
(a) any other pension, allowance or temporary rehabilitation remuneration payable by the Board or Institute,
(b) any lump sum or gratuity so payable,
(c)(i) any amount so payable by way of compensation under section 97 of the Social Welfare Consolidation Act 2005 , or by way of injury benefit or disablement benefit under Chapter 13 of Part 2 of the Social Welfare Consolidation Act 2005 ,
(ii) State Pension (contributory), retirement pension, invalidity pension, illness benefit, disability benefit or unemployment benefit, and
(d) where he or she has died, any pension payable to his or her spouse or civil partner under Chapter 13 of Part 2 of the Social Welfare Consolidation Act 2005 ,
num: 27
paragraphs: (1) This Chapter shall be deemed to have come into operation on 27 May 1977.
num: 28
paragraphs: (1) For the purposes of this Chapter—