S.I. No. 389/2024 - Residential Institutions Statutory Fund Board Staff Superannuation Scheme 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd August, 2024.

Residential Institutions Statutory Fund Board, in exercise of the powers conferred on it by Section 18 of the Residential Institutions Statutory Fund Act 2012 (No. 35 of 2012), with the approval of the Minister for Education and the consent of the Minister for Public Expenditure, NDP Delivery and Reform, hereby makes the following Scheme.

1. CITATION

This Scheme may be cited as the Residential Institutions Statutory Fund Board Staff Superannuation Scheme 2024.

2. COMMENCEMENT

This Scheme shall be deemed to have commenced with effect from 17^th July 2024

3. ADOPTION OF RULES FOR PRE-EXISTING PUBLIC SERVICE PENSION SCHEME MEMBERS

The rules set out in the Rules for Pre-Existing Public Service Pension Scheme Members Regulations 2014 ( S.I. No. 582 of 2014 ) (hereinafter called “The Regulations”) are adopted as the rules of this Scheme for the purposes of Article 2 of the Regulations, subject to the modifications specified in Articles 4, 5, 6 and 7.

4. ARTICLE 5 OF THE REGULATIONS - MEMBERSHIP

(1) In Article 5 (2) (b), -

“who is not a new entrant and whose actual pensionable service on attaining age 65 would be less than the vesting period, or”

is deleted and the following is inserted in its place—

“who is not a new entrant and whose actual pensionable service on attaining age 70 would be less than the vesting period”

(2) In Article 5 (5), -

“A member who is not a new entrant may not continue in membership after having reached the age of 65”

is deleted and the following is inserted in its place—

“A member who is not a new entrant may not continue in membership after having reached the age of 70.”

5. ARTICLE 7 OF THE REGULATIONS. CONTRIBUTIONS FOR PERSONAL SCHEME BENEFITS

In Article 7(3) of the Regulations –

“5% of pensionable remuneration or,” is deleted.

6. ARTICLE 29 OF THE REGULATIONS. SURVIVOR’S PENSION - CALCULATION

In Article 29(3) of the Regulations –

“In the case where the former member dies while in receipt of a pension, other than a pension based on Article 18 (Cost Neutral Early Retirement), a preserved pension or a pension awarded on medical grounds”

is deleted and the following is inserted in its place –

“In the case where the former member dies while in receipt of a pension, other than a pension based on Article 17 (Cost Neutral Early Retirement), a preserved pension or a pension awarded on medical grounds”

7. ARTICLE 52 OF THE REGULATIONS. APPEALS

In Article 52 of the Regulations –

“The appeals provisions of the Pensions Act, as amended, and any enactment which amends or extends that Act and any Regulation, Warrant or Order made under that Act shall apply, including the Pensions Ombudsman Regulations.”

is deleted and the following is inserted in its place—

“If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of this scheme, such dispute shall be submitted to the Minister for Education for determination by the Minister for Education, with the agreement of the Minister for Public Expenditure, NDP Delivery and Reform.”

The Minister for Education hereby approves the making of the foregoing Scheme.

GIVEN under my Official Seal,

17 June, 2024.

NORMA FOLEY,

Minister for Education.

The Minister for Public Expenditure, NDP Delivery and Reform hereby consents to the foregoing Scheme.

GIVEN under my Official Seal,

17 June, 2024.

PASCHAL DONOHOE,

Minister for Public Expenditure, National Development Plan Delivery and Reform.

GIVEN under the seal of Residential Institutions Statutory Fund Board,

17 June, 2024.

NED COSTELLO,

Chairperson

EXPLANATORY NOTE

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

The purpose of these Regulations is to adopt the Rules set out in the Schedule to the Rules for Pre-existing Public Service Pension Scheme Members Regulations 2014 ( S.I. No. 582 of 2014 ) as a scheme for the granting of superannuation benefits to or in respect of members of the staff (including the Chief Executive) of the Residential Institutions Statutory Fund Board and who are not members of the Single Public Service Pension Scheme.