Social Welfare Consolidation Act 2005

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Conditions for receipt.

[1993 s89(1)]

115.—(1) The contribution conditions for retirement pension are—

(a) that the claimant has entered into insurance before attaining the age of 55 years,

(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his or her entry into insurance, and

(c) that the claimant has a yearly average or in the case of a person who attains the age of 65 years on or after 6 April 1992 an alternative yearly average of not less than 48.

(2) In the case of a person, other than a person who on or before 6 April 1997 is a voluntary contributor paying contributions under Chapter 4 of Part 2 , who attained the age of 65 years on or after 6 April 2002 but before 6 April 2012, subsection (1)(b) shall be read as if “260” were substituted for “156”.

(3) Regulations may provide for modifications of the meaning of “yearly average” contained in section 114 (3) or of the contribution conditions set out in this section.

(4) Contributions paid under the National Health Insurance Acts 1911 to 1952 by or in respect of an employed contributor may be taken into account in the manner and subject to the conditions and limitations that may be prescribed for the purpose of the satisfaction by the employed contributor of the contribution conditions for retirement pension.

(5) Subject to subsection (6), regulations may provide for entitling to retirement pension a claimant who would be entitled to that pension but for the fact that he or she has a yearly average of less than 48.

(6) Regulations under subsection (5) shall provide that retirement pension payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary by reference to the yearly average so calculated, but any increase of that pension payable under section 117 (1) or (2) shall be the same as if the claimant had a yearly average of not less than 48.

(7) Regulations may provide, subject to subsection (8), for entitling to retirement pension a relevant person who would be entitled to that pension but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied and who in respect of any period, has been employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996 were paid.

(8) Regulations for the purposes of subsection (7) shall provide that retirement pension payable by virtue of those regulations shall—

(a) be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary in relation to the proportion to which the number of—

(i) employment contributions paid in respect of or credited to the insured person, and

(ii) voluntary contributions paid by the insured person,

reckonable for retirement pension purposes bears to the total number of those employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in Schedule 2,

and

(b) where the amount calculated in accordance with paragraph (a) is not a multiple of €2.50, be increased to the next multiple of €2.50.