Superannuation and Pensions Act, 1976

• Permanent Page URL

Superannuation schemes as regards civil servants and certain other persons.

2.—(1) The Minister may make and carry out in accordance with its terms a scheme or schemes for the granting of pensions, gratuities (including severance gratuities and injury benefits) and other allowances on retirement or death, or in such other circumstances as may be specified therein, to or in respect of persons to whom this section applies.

(2) Without prejudice to the generality of subsection (1) of this section, a scheme under this section may—

(a) be contributory or non-contributory,

(b) provide for the payment or receipt by the Minister of transfer values in relation to persons to whom this section applies,

(c) provide for the payment by way of a return of contributions paid pursuant to such a scheme, with or without interest,

(d) have effect from a date which is earlier than the date of the scheme but which is not earlier than—

(i) in case the scheme provides for the payment of pensions to the widows and children of deceased persons who, having been persons to whom this section applies, died or retired before the 23rd day of July, 1968, and who either,

(A) are or have been in receipt of a pension deemed by virtue of section 9 of this Act to have been granted under section 2 of this Act, or

(B) at the date of their death had service complying with conditions specified in the scheme,

the 1st day of October, 1969,

(ii) in case the scheme makes such provision in respect of deceased persons who, having been persons to whom this section applies, and—

(A) who during the period beginning on the said 23rd day of July and ending on the 31st day of December, 1968, either elected to join the scheme or did not exercise an option not to join the scheme,

(B) who during the period mentioned in clause (A) of this subparagraph exercised the option so mentioned and who, notwithstanding the exercise by them of the option, during the period beginning on the 1st day of January, 1969, and ending on the 31st day of December, 1971, elected to join the scheme,

(C) who during the period mentioned in the said clause (A) exercised the option so mentioned, and subsequently and during the period beginning on the said 23rd day of July and ending on the 31st day of December, 1971, either died or retired from the Civil Service or otherwise ceased to be persons to whom this section applies, and who elected to join the scheme, or in respect of or in relation to whom pursuant to the scheme such an election was made, during the said period beginning on the said 23rd day of July and ending on the 31st day of December, 1971,

the said 23rd day of July,

(iii) in case the scheme makes such provision in respect of deceased persons who were persons to whom this section applies and who both became such persons and died or otherwise ceased to be such persons on or after the 1st day of January, 1969, the said 1st day of January,

(iv) in case the scheme makes provisions other than provisions mentioned in the foregoing subparagraphs of this paragraph, the 1st day of January, 1970,

(e) apply in relation to pensions, allowances or gratuities paid or payable to or in respect of persons who, having been persons to whom this section applies, have died or ceased to be persons to whom this section applies before the commencement of the scheme,

(f) require or authorise the payment of pensions, allowances or gratuities to or in respect of persons mentioned in paragraph (e) of this subsection,

(g) authorise the payment, without the production of probate or otherwise proving the title of the personal representative of a deceased person, of any sum, not exceeding an amount specified in the scheme, which is due in respect of any benefit under the scheme,

(h) in relation to appointments made after the passing of this Act to the office of Comptroller and Auditor General, provide that subsection (1) of section 2 of the Comptroller and Auditor General (Amendment) Act, 1944 , shall not apply to the holder of or to a particular person holding that office.

(3) This section applies to any person who—

(a) on or after the 23rd day of July, 1968,

(i) is an established civil servant,

(ii) is a member of the staff of the Houses of the Oireachtas within the meaning of section 2 of the Staff of the Houses of the Oireachtas Act, 1959 ,

(iii) holds the office of Comptroller and Auditor General and who at any time before being appointed to that office was an established civil servant,

(iv) is a Commissioner of the Irish Land Commission appointed pursuant to section 4 of the Land Law (Commission) Act, 1923 ,

(v) is an officer or servant appointed pursuant to section 13 of the National Gallery of Ireland Act, 1854 ,

(vi) is a person appointed pursuant to section 2 (1) of the Property Values (Arbitrations and Appeals) Act, 1960 , to be a property arbitrator,

(b) before the said 23rd day of July,

(i) died and who at the time of his death either was an established civil servant or held an office or appointment referred to in subparagraph (ii), (iii), (iv), (v) or (vi) of paragraph (a) of this section,

(ii) was a person who, having been an established civil servant, had retired from the Civil Service, or, having been the holder of an office or appointment so referred to, had retired from the office or appointment, and who, in either case, died on any day which is subsequent to the date of his retirement,

(iii) was a person who, having been an established civil servant, had retired from the Civil Service, or, having been the holder of an office or appointment so referred to, had retired from the office or appointment, and who, in either case, was on the 1st day of January, 1970, in receipt of a pension or allowance in respect of service in the Civil Service, office or appointment,

(c) is a person of a class or description specified in regulations made by the Minister.

(4) Different schemes may be made under this section in relation to different classes of persons to whom this section applies.

(5) A sum to be paid by the Minister pursuant to a provision which is included in a scheme under this section by virtue of paragraph (g) of subsection (2) of this section may be paid or distributed to or among persons appearing to the Minister to be beneficially entitled to the estate of the deceased person concerned, or to or among any one or more of those persons, or in the case of the illegitimacy of the deceased person concerned or his children (being a case to which section 9 of the Legitimacy Act, 1931 , does not apply), to or among such persons as the Minister may think fit, and the Minister shall be discharged from all liability in respect of any such payment or distribution.

(6) Where a pension is abated in full, whether before or after the passing of this Act, by virtue of any enactment (other than this Act), then for the purposes of this section the pension shall be deemed to have been received by the person by whom, but for the abatement, it would have been received.

(7) Where it appears to the Minister that a provision in any statute or statutory instrument is inconsistent with, or has become unnecessary or requires to be adapted, modified or otherwise amended in consequence of, any provision of a scheme under this section, subject to subsection (8) of this section, he may by a scheme under this section repeal or amend the provision.

(8) A scheme under this section which repeals or amends a provision contained either in the Social Welfare Acts, or in any statutory instrument made under those Acts, shall be made by the Minister only with the consent of the Minister for Social Welfare.

(9) A scheme made pursuant to subsection (7) of this section may have retrospective effect as on and from a day which is not earlier than the 23rd day of July, 1968.

(10) The amendment of any provision by a scheme under this section shall not prejudice any power to amend that provision conferred otherwise than by this section.

(11) Subject to subsection (8) of this section, the Minister may at any time make a scheme amending or revoking a scheme under this section.

(12) Subsection (7) of this section shall come into operation on the commencement of section 11 of this Act.