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S.I. No. 111/2011 - Primary School Teachers Pension (Amendment) Scheme 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th March, 2011.

I, MARY COUGHLAN, Minister for Education and Skills, in exercise of the powers conferred on me by section 2 (as amended by section 2 of the Teachers Superannuation (Amendment) Act 1990 (No. 28 of 1990)) of the Teachers Superannuation Act 1928 (No. 32 of 1928) (as adapted by the Education and Science (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 184 of 2010 )), with the consent of the Minister for Finance, hereby make the following scheme:

1. This scheme may be cited as the Primary School Teachers Pension (Amendment) Scheme 2011.

2. This scheme comes into operation on 8 March 2011.

3. The Primary School Teachers Pension Scheme 2009 ( S.I. No. 434 of 2009 ) is amended by substituting for Article 13 the following:

“A member shall not be entitled to reckon—

(a) the same period of service more than once unless, in the case of a gratuity, he or she has repaid a gratuity having an entitlement to do so,

(b) the same period of service for the purposes of this Part and also for the purposes of an approved pension scheme, or

(c) service in any week which brings total service in respect of that week to more than full time service for the purposes of this Part.”.

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GIVEN under my Official Seal,

8 March 2011.

MARY COUGHLAN,

Minister for Education and Skills.

The Minister for Finance hereby consents to the making of the foregoing scheme.

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GIVEN under the Official Seal of the Minister for Finance,

8 March 2011.

BRIAN LENIHAN,

Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Scheme is made under section 2 of the Teachers’ Superannuation Act 1928 (as amended by the Teachers’ Superannuation (Amendment) Act 1990). The purpose of the scheme is to remove an exemption from a prohibition on dual accrual of pension entitlements for Oireachtas members for service given on or after 9 March, 2011, the commencement of the next Oireachtas. (31st Dail and the 24th Seanad). This gives effect to the Government decision of 1 February, 2011, Uimhir Thagartha: S180/20/10/1217