Social Welfare (Consolidation) Act, 1993
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CHAPTER 13 Retirement Pension | ||
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Entitlement to pension. |
[1981, s. 83(1)] | |
88.—(1) Subject to this Act, a person who has attained the age of 65 years shall be entitled to retirement pension for any period of retirement if he satisfies the contribution conditions in section 89. | ||
[1981, s. 83(3)] | ||
(2) The periods which shall be regarded for the purposes of this section as periods of retirement shall be specified by regulations. | ||
[1992, s. 11(1)] | ||
(3) In this Chapter— | ||
“yearly average” means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing either— | ||
(a) on the 5th day of January, 1953, in case the claimant is a man, or on the 6th day of July, 1953, in case the claimant is a woman, or | ||
(b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man, or the 6th day of July, 1953, in the case of a woman), | ||
(whichever is the later) and ending at the end of the last complete contribution year before the date of his attaining the age of 65 years; | ||
“alternative yearly average” means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining the age of 65 years. | ||
[1991, s. 27(1); 1993, s. 36(5)] | ||
(4) In this Chapter, “relevant person” means— | ||
(a) a person who first becomes— | ||
(i) an insured person by virtue of section 9(1) insured for old age (contributory) pension purposes, or | ||
(ii) an insured person by virtue of section 17, | ||
on or after the 6th day of April, 1991, or | ||
(b) a person who fails to satisfy the contribution condition set out in subsection (1)(c) of section 89 and had periods in which he had been— | ||
(i) employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 ( S.I. No. 94 of 1991 ), and | ||
(ii) an employed contributor, a self-employed contributor or a voluntary contributor, in respect of whom contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were paid in respect of or credited to him. | ||
[1991, s. 24(1)] | ||
(5) For the purposes of this Chapter, in the case of a relevant person “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 9(1), except where he becomes an insured person by virtue of paragraph (b) of subsection (1) of the said section 9 only, or | ||
(b) the date on which he first becomes an insured person by virtue of section 17, and that that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 89(1). | ||
[1991, s. 24(1)] | ||
(6) Notwithstanding subsection (5), regulations may provide that the date on which a relevant person first becomes an employed person or a self-employed person, insurable for retirement pension purposes under the legislation of another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, may be regarded as the date of entry into insurance. | ||
[1991, s. 24(1)] | ||
(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. |