Social Welfare Act, 1991
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Conditions for receipt of retirement pension. |
24.—(1) Section 83 of the Principal Act is hereby amended by the insertion after subsection (4) of the following subsections: | |
“(5) For the purposes of this Chapter— | ||
‘entry into insurance’ means, in relation to any person, whichever occurs first— | ||
(a) the date on which he first becomes an insured person by virtue of section 5 (1), except where he becomes an insured person by virtue of paragraph (b) of subsection (1) of the said section 5 only, or | ||
(b) the date on which he first becomes an insured person by virtue of section 17A, | ||
and that that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 84 (1). | ||
(6) Notwithstanding subsection (5), regulations may provide that the date on which a person first becomes an employed person or a self-employed person, insurable for old age pension or retirement pension purposes under the legislation of another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307, may be regarded as the date of entry into insurance. | ||
(7) Notwithstanding subsections (5) and (6), regulations may provide that where a date of entry into insurance occurs before a date to be prescribed, that day may be regarded as the date of entry into insurance.”. | ||
(2) Section 84 of the Principal Act is hereby amended— | ||
(a) by the insertion after subsection (5) of the following subsections: | ||
“(6) Regulations may provide, subject to subsection (7), for entitling to retirement pension persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (c) is not satisfied and who do not have an entitlement to a retirement pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities 1 , or by virtue of a reciprocal arrangement under the provisions of section 307 and who have in respect of any period been employed mainly in one or more of the employments specified in subarticle (1) of Article 7 of the Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 ). | ||
(7) Regulations for the purposes of subsection (7) shall provide that a retirement pension payable by virtue thereof shall— | ||
(a) be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary in relation to the proportion to which the number of employment contributions reckonable for retirement pension purposes paid by the insured person bears to the total number of employment contributions and self-employment contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in the Second Schedule, and | ||
(b) where the amount calculated in accordance with paragraph (a) is not a multiple of £2, be increased to the next multiple of £2.”. | ||