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Contents Part 1 Citation and General Interpretation Article
pension or preserved pension
benefits Part 3 Spouses’ and Children’s Pension Provisions Chapter 1 Preliminary
payment (Chapter 2)
contributions (Chapter 2)
members whose early death is to be foreseen (Chapter 2) Chapter 3 Spouses’ and Children’s Contributory Pension Provisions (Provisions Introduced From 1968 and Onwards)
payment (Chapter 3)
contributions (Chapter 3)
members whose early death is to be foreseen (Chapter 3) Chapter 4 Secondary Teachers Widows’ and Children’s Ex-Gratia Pension Provisions
payment (Chapter 4) Part 4 Purchase
Notional Service and Certain Other Service Chapter 1 Commencement, Interpretation and Application 46. Commencement
certain provisions
this Part
Chapter 2 Purchase
Notional Service Generally 49. General conditions for the purchase
notional service 50. Special conditions for purchase by members on certain types
contracts
unpaid contributions during periodic purchase agreement 54. Procedures for purchase
notional service 55. Crediting
purchased service
certain other service Part 5 Cost Neutral Early Retirement
notional service 63. Restriction on reckoning
service on subsequent employment Part 6 General Provisions
benefits
pensions overpaid
certain matters 76. Revocations Schedules Schedule 1 Tables
Contribution Rates at which Notional Service may be Purchased Schedule 2 Limits on amount
service which may be purchased Schedule 3 Calculation
actuarially reduced equivalent
notional service purchased Schedule 4 Cost neutral early retirement actuarial reduction factors Schedule 5 Documents relating to certain benefits granted after 1972 S.I. No. 435
2009 SECONDARY, COMMUNITY AND COMPREHENSIVE SCHOOL TEACHERS PENSION SCHEME 2009 Notice
the making
this Statutory Instrument was published in “Iris Oifigiúil”
3rd November, 2009. I, BATT O’KEEFFE, Minister for Education and Science, with the consent
the Minister for Finance, in exercise
the powers conferred on me by section 2
the Teachers’ Superannuation Act 1928 (No. 32
1928), as amended by the Teachers’ Superannuation (Amendment) Act 1990 (No. 28
1990) and adapted by the Education (Alteration
Name
Department and Title
Minister) Order 1997 ( S.I. No. 430
1997 ), hereby make the following scheme: Part 1 Citation and General Interpretation Citation
1998” means the Education Act 1998 (No. 51
1998); “actual pensionable service” means pensionable service referred to in Article 6
that provision; “allowance” means each allowance in the nature
pay lawfully determined or lawfully approved by the Minister and which is designated as pensionable by him or her but does not include any sums paid in respect
overtime, commission, gratuity, special fees, travelling allowance, subsistence allowance and the like, the money equivalent
any emolument or benefit in kind (including motor car or other vehicle) or any payment toward or in respect
such emoluments; “approved pension scheme” means a pension scheme or an organization that provides a pension scheme that has been designated by the Minister for the Environment, Heritage and Local Government or by the Minister
Finance for the purposes
transferring pensionable service between pension schemes; “capitation grant” means an annual grant payable to a secondary, community or comprehensive school in an amount calculated by reference to the number
pupils registered to attend the school on 30 September in each school year; “community school” means a post-primary school which has been established as a community school by deed
trust to which the Minister is a party and, in the case
a school operating on or after 22 December 2000, is recognised by the Minister in accordance with section 10
the Act
1998; “comprehensive school” means a post-primary school which has been established as a comprehensive school by a deed
trust to which the Minister is a party and, in the case
a school operating on or after 22 December 2000, is recognised by the Minister in accordance with section 10
the Act
1998; “compulsory retirement age” means the age attained by the member on the last day
the school year in which the member attains 65 years
age or, in the case
a member born in the month
August and who has been a member without interruption from a date before 1 September 2001, the last day
the school year in which the member attains 66 years
age; “fully insured member” means a member who is, or was before attaining 66 years
age, insured for State pension (contributory); “job-sharer” means a full time teacher or chaplain who, under an arrangement which has been approved by the Minister, works half the standard number
hours
a full time teacher or chaplain to which Part 2 applies; “medical grounds” means an infirmity
mind or body which the Minister is satisfied is likely to be permanent and to render a person incapable from discharging his or her duties as a teacher or chaplain; “Minister” means the Minister for Education and Science or his or her predecessors, as the case may be; “net pensionable remuneration” means the amount by which pensionable remuneration exceeds twice the annual maximum personal rate
State pension (contributory) payable on the last day
pensionable service to a person who has no adult dependant or qualified children; “net remuneration" means the amount by which remuneration exceeds twice the annual maximum personal rate
State pension (contributory) payable from time to time to a person who has no adult dependant or qualified children; “new entrant” has the meaning assigned to it by section 2
the Superannuation (Miscellaneous Provisions) Act 2004 (No. 7
2004); “pensionable allowance” shall be construed in accordance with Article 5; “pensionable remuneration” shall be construed in accordance with Article 5; “pensionable service” means service to which Article 6
such benefit which is payable under the Social Welfare Acts to an unmarried person excluding any increase that is payable on age grounds, or by virtue
the recipient living alone, or in respect
a qualified adult or child dependant, and “maximum personal rate” shall be construed accordingly; “personal representative” means the executor or the administrator for the time being
a deceased person; “preparatory college” means a college established by the Minister for the purpose
providing a course
secondary education for young persons who wish to prepare themselves for admission to a training college with a view to becoming teachers in primary schools; “quasi-permanent employment” means the employment
a person who is timetabled to teach for not less than 9 hours per week for the duration
the school year in any one school; “reduced rate”, in relation to any social welfare benefit, means the personal rate
such benefit provided that rate is less than the maximum personal rate
State pension (contributory); “registered secondary teacher” means a teacher whose name, at the relevant time, was entered on the register
the Registration Council (being the Council constituted under section 1
the Intermediate Education (Ireland) Act 1914 and dissolved by the Teaching Council Act 2001 (No. 8
2001)); “remuneration” means the aggregate
salary and pensionable allowances and pensionable supervision and substitution payments; “salary” means— (a) the annual sum payable to a member in accordance with salary scales published from time to time by the Minister with the consent
the Minister for Finance, and (b) in respect
periods worked on or after 1 August 1996 on a part-time basis, the hourly rate payable to a member multiplied by 735, but does not include any sums payable in respect
overtime, commission, gratuity, special fees, travelling allowance, subsistence allowance and the like, the money equivalent
any emolument or benefit in kind (including motor car or other vehicle) or any payment toward or in respect
such emoluments; “school year” means a year beginning on 1 September and ending on 31 August in the following year; “secondary school” means a school providing post-primary education to its students and which— (a) is in receipt
funds provided by the Oireachtas in respect
the education activities for students
that school or the remuneration
teachers in that school, and (b) in the case
a school operating on or after 22 December 2000, is recognised under section 10
the Education Act 1998 , and includes a preparatory college; “social welfare benefit” means State pension (contributory), State pension (transition), invalidity pension, illness benefit or jobseeker’s benefit payable under the Social Welfare Acts; “State pension (contributory)” means the State pension (contributory) payable under the Social Welfare Acts; “State pension (transition)” means the State pension (transition) payable under the Social Welfare Acts; “teacher” includes the principal or deputy principal
a secondary school, community school, comprehensive school or preparatory college; “years” means— (a) in the case
a member working on a full time basis, a figure determined by the formula A + B/365 where A is the number
completed years in the period in question and B is any number
days additional to a completed year or a number
completed years in that period, or (b) in the case
a member working on a part-time basis, a figure determined by the formula C x 365/735 where C is the number
hours worked in each year.
the following persons is automatically a member
this Part: (
paragraph
a person appointed as a teacher in a secondary school who was not in receipt
remuneration paid by the Minister, the reason that the remuneration was not paid by the Minister was for some reason other than the fact that the school in which he or she is employed has exceeded its quota
teachers determined by the Minister.
the following persons are eligible for membership in this Part: (a) in the case
a person described in subparagraph (a) or (b)
paragraph
the fact that the school in which he or she is employed has exceeded its quota
teachers determined by the Minister; (b) a person appointed before 1 August 1996 at the age
not less than 21 years and who was— (i) a registered secondary teacher serving in a full time post in a secondary school without an interruption in service and who was receiving remuneration paid by the Minister or was not receiving remuneration paid by the Minister solely because the school had exceeded its quota
teachers sanctioned by the Minister, (ii) serving in comprehensive school or community school in a permanent teaching post without an interruption in service, (iii) serving in comprehensive school or community school in the post
chaplain without an interruption in service where his or her appointment occurred on or after 1 August 1990, or (iv) serving as a teacher in a full time post in a preparatory college without an interruption in service.
this Scheme.
superannuation
every person who becomes a Part 2 member as a result
being transferred, at the direction
the Minister, from a school established or maintained by a vocational education committee to a community school or comprehensive school, shall not, by virtue
such transfer, be any less beneficial than those rights and entitlements enjoyed by that person immediately before such commencement.
the contributions paid in respect
the service in question. Pensionable remuneration 5.
— (
salary payable to the member at the date
his or her retirement or death, or (b) in the case
a member who is working on a part-time basis— (i) where such service is given under a regular part-time contract, a rate
salary equal to the full time equivalent annual rate
salary to that which he or she is paid at the date
his or her retirement or death, or (ii) where such service is given otherwise that under a regular part-time contract and is paid on an hourly basis, the hourly rate
salary payable to him or her at the date
his or her retirement or death multiplied by 735.
paragraph
a person on an approved leave without pay at the date
his or her retirement or death, the rate
salary or hourly rate
salary payable to him or her means the rate which would have been paid if he or she were not on an approved leave without pay.
this Article pensionable allowances in respect
any member who ceases pensionable service on or after 1 August 1986 shall comprise the aggregate
the annual rate
each such allowance (in this paragraph referred to as a “relevant allowance”) held on the last day
pensionable service, provided that such allowance has been held throughout the last 3 years
pensionable service immediately preceding retirement or death. (b) For the purposes
this paragraph, in the case
a person on an approved leave without pay at the date
his or her retirement or death, the rate
allowance held by him or her means the rate which would have been held if he or she were not on an approved leave without pay. (c) If throughout the last 3 years
such pensionable service, the pensionable allowances for the purposes
this Article shall, subject to subparagraphs (e) and (f), comprise the average
the relevant allowance or allowances determined in accordance with subparagraph (d). (d) The average
a relevant allowance shall be determined by multiplying the annual rate
the allowance appropriate on the last day
pensionable service by 1/1095 and multiplying that result by the number
days during the last three years
pensionable service in respect
which the allowance was payable. (
holding the allowance for not less than 3 years
pensionable service, before 31 August in the year in which he or she would have reached 65 years, or (ii) retires or is retired on grounds
permanent infirmity before 60 years
age and who, but for his or her retirement, would have had the potential
holding the allowance, for not less than 3 years
pensionable service, on reaching such age. (f) The pensionable allowances, for the purposes
this Article, for a member referred to in subparagraph (e) shall be the aggregate
the annual rate
each such allowance held on the date
retirement or death.
this paragraph, for the purposes
this Article pensionable supervision and substitution payments shall comprise the average annual payments made to a member as a result
his or her entering into a commitment on or after 1 September 2004 to undertake supervision or substitution duties, or both, and fulfilling that commitment up to and including his or her last day
pensionable service. (b) Relevant payments for a period
37 hours per school year (or any lesser but not any greater period) may comprise a pensionable supervision and substitution payment. (
the final 3 years
pensionable service, by aggregating the amount
the payments paid in those years and dividing the result by 3; (ii) if, in the member’s last 3 years
pensionable service, the member received payments in only the final 2 years, by aggregating the amount
the payments paid in those years and dividing the result by 2; (iii) if, in the member’s last 3 years
pensionable service, the member received payments in only the final year, by aggregating the amount
the payments paid in that year. (
the payments received by the member under that commitment or any future commitment shall be treated as supervision and substitution payments for the purposes
this paragraph. (
pension contributions in respect
payments for supervision or substitution duties. (iii) Clause (
pensionable service where this failure is caused by— (I) his or her absence on approved sick leave, or (II) some other reason not caused by the member’s own fault or negligence. Pensionable service 6.
this Part, pensionable service shall, subject to a maximum
40 years, comprise the aggregate
— (a) service given as a teacher in a secondary school, community school or comprehensive school or a chaplain in a community school or comprehensive school on or after the date
commencement
membership (not being service falling within subparagraph (c)
this paragraph) and, in the case
a member who is not a new entrant, such service shall exclude service given after compulsory retirement age; (b) service given in a full time position as a teacher in a secondary school, community school or comprehensive school or chaplain in a community school or comprehensive school before the date
commencement
membership that has been purchased in accordance with Article 58; (c) service given in a part-time position as a teacher in a secondary school, community school or comprehensive school or chaplain in a community school or comprehensive school on or after the date
commencement
membership— (i) where such service was given on or after 1 September 2001, all such service which shall be credited on a pro rata basis to full time service and, in the case
service given otherwise than under a regular part-time contract, such crediting shall be in accordance with the formula specified in Table 1 to this Article, (ii) where such service was given on or after 1 August 1996 and before 1 September 2001— (I) if given under an eligible part-time contract, all such service so given calculated in accordance with the formula specified in Table 2 to this Article, (II) if given otherwise than under an eligible part-time contract— (A) in the case
a member who gave not less than 300 hours
service in a school year, all such service calculated in accordance with the formula specified in Table 3 to this Article, (B) in the case
a member who gave less than 300 hours
service in a school year, such
that service calculated by applying the formula specified in Table 4 to this Article to only so much
the hours so worked that comprise 9 or more hours worked in the week or each
the weeks concerned, (iii) where such service was given before 1 August 1996— (I) if given under an eligible part-time contract— (A) in the case
a member who was contracted to teach more than 21 hours per week, service equivalent to that
a member in full time service, or (B) in the case
a member who was contracted to teach 21 hours or less per week, service equivalent to half that
a member in full time service, or (II) if given otherwise than under an eligible part-time contract— (A) in the case
a member who gave not less than 300 hours
service in a school year, service equivalent to half that
a member in full-time service, or (B) in the case
a member who gave less than 300 hours
service in a school year, service for each week in which 9 or more hours were given shall be credited in accordance with the formula specified in Table 5 to this Article; (d) service given in a part-time position as a teacher in a secondary school, community school or comprehensive school or chaplain in a community school or comprehensive school before the date
commencement
membership that has been purchased in accordance with Article 58 and the amount
service shall be determined in accordance with clauses (i) to (iii)
subparagraph (c); (
a member who has preserved benefits in accordance with Article 8 and in respect
whom there is a transfer value for pension benefits from a pension scheme that is not an approved pension scheme, such additional service as the amount
the transfer value will purchase in accordance with conditions determined by the Minister for Finance; (g) notional service which he or she opts to purchase in accordance with Chapter 2
2 years if the term
work under the contract is 6 months or longer and the person is a member
this Scheme at the beginning
the contract.
pensionable service, other than ill-health notional service as defined in paragraph
actual pensionable service and who retires, or is retired, on medical grounds in accordance with the provisions
the Minister, have a period
notional service (referred to subsequently in this Article as “ill-health notional service”) added to his or her actual pensionable service, provided that the aggregate
pensionable service and ill-health notional service does not exceed 40 years. (b) Subject to subparagraph (c), the amount
ill-health notional service which a member in full time service may receive shall be as follows: (i) a member whose actual pensionable service is not less than 5 years but less than 10 years shall receive an amount
ill-health notional service equal to whichever
the following is the lesser: (I) the amount
actual pensionable service at date
retirement, or (II) such amount as would, combined with his or her actual pensionable service, equal the pensionable service which he or she would have had if he or she had retired at compulsory retirement age or, in the case
new entrants, had retired at 65 years
age, (ii) a member whose actual pensionable service is not less than 10 years but less than 20 years shall receive an amount
ill-health notional service equal to whichever
the 2 amounts
service specified in the following subclauses (I) and (II) is the greater: (I) an amount
service equal to whichever
the following is the lesser: (A) the period by which 20 years exceeds the said actual pensionable service, or (B) such amount as would, combined with his or her actual pensionable service, equal the pensionable service which he or she would have had if he or she had retired at compulsory retirement age or, in the case
new entrants, had retired at 65 years
age, (II) an amount
service equal to whichever
the following is the lesser: (A) 6 years and 243 days, or (B) such amount as would combined with his or her actual pensionable service equal the pensionable service which he or she would have had if he or she had retired at 60 years
age, (iii) a member with more than 20 years
actual pensionable service at retirement shall receive an amount
ill-health notional service equal to whichever
the following is the lesser: (I) 6 years and 243 days, or (II) the amount by which the pensionable service he or she would have had if he or she had served until 60 years
age exceeds his or her pensionable service at retirement. (c) If the member is serving under a fixed term contract, the maximum amount
ill-health notional service which a member may receive is the term
service under the contract. (d) The amount
ill-health notional service which a member in part-time service may receive shall be the pro rata share
the amount
ill-health notional service that the member would receive under subparagraph (b) based on the member’s actual part-time service given pursuant to the arrangement under which the member was working at the time
his or her retirement. Benefits — main cases (other than those involving preserved benefit) 7.
a new entrant, has attained 65 years
age and has at least 2 years actual pensionable service; (b) in the case
a member who is not a new entrant, has attained— (i) 60 years
age and retires— (I) on or after 2 June 2002, provided that he or she has at least 2 years actual pensionable service, (II) on or after 30 June 1976 and before 2 June 2002, provided that he or she has at least 5 years actual pensionable service, or (III) before 30 June 1976, provided that he or she has at least 10 years actual pensionable service; or (ii) 55 years
age and has— (I) not less than 35 years actual pensionable service, (II) on or after 1 September 1996, not less than 34 years actual pensionable service where the member’s training before entry to teaching was
not less than 3 years’ duration but not more than 4 years’ duration, or (III) on or after 1 September 1996, not less than 33 years actual pensionable service where the member’s training before entry to teaching was not less than 4 years’ duration.
a member who is working on a casual basis, he or she has been employed to teach on 334 school days, and (b) in all other cases, he or she has been employed to teach under a contract
employment for a period or periods comprising not less than 730 days.
this Part, a member shall on retirement have a right to receive— (a) a gratuity comprising a single payment
3/80ths
his or her pensionable remuneration, and (
a member who is not a fully insured member, 1/80th
his or her pensionable remuneration, (ii) in the case
a fully insured member who retires on or after 1 January 2004, the total
the following subclauses— (I) 1/200th
such pensionable remuneration as does not exceed the threshold derived by multiplying the maximum personal rate
State pension (contributory) applicable on the last day
pensionable service by 3.333333, (II) 1/80th
such pensionable remuneration as exceeds the said threshold, (iii) in the case
a fully insured member who retires before 1 January 2004, 1/80th
his or her net pensionable remuneration, multiplied by the member’s total number
years
pensionable service subject to a maximum
40 years’ service.
1/12th
his or her pensionable remuneration plus 3/80ths
his or her pensionable remuneration for each year
pensionable service where he or she— (
the preserved benefits payable to him or her under Article 8
a member in pensionable service on or after 2 June 2002; or (c) a gratuity comprising a single payment
1/12th
his or her pensionable remuneration for each year
pensionable service where he or she has less than 2 years actual pensionable service. Benefits — other cases (including those involving preserved benefit) 8.
— (
his or her death. (b) Where a former member who has been paid a benefit under this Part, other than a benefit under paragraph
pension, including any amount which would have been payable had the provisions
not applied to him or her, and gratuity, subtracting any deductions required to be made in respect
non-periodic contributions under Part 3, is less than the gratuity which could have been granted to his or her personal representative if he or she had died on the date
his or her retirement, then such personal representative shall be eligible to receive a gratuity equal to the deficiency.
age or, in the case
a new entrant, 65 years
age, he or she shall, on attaining the relevant age, have a right to receive a preserved pension and preserved gratuity provided that— (I) where he or she so ceases to be a member on or after 2 June 2002, he or she has not less than 2 years actual pensionable service, (II) where he or she ceases to be a member on or after 30 June 1977 and before 2 June 2002, he or she has not less than 5 years actual pensionable service, or (III) where he or she ceases to be a member before 30 June 1977, he or she has not less than 10 years actual pensionable service, and he or she does not receive any other benefit under this Part in respect
his or her pensionable service and such service is not reckoned for pension purposes by him or her in another employment under approved arrangements. (b) Where a former member who is eligible to retire under Article 7
age, a preserved death gratuity shall be payable to the person’s personal representative in respect
him or her. (c) An application for payment
a preserved gratuity and preserved pension to or in respect
a member eligible therefor under this paragraph shall be made to the Minister by the member at any time after attaining 60 years
age or, in the case
a new entrant, after attaining 65 years
age. (
years
pensionable service subject to a maximum
40 years, and B is the pensionable remuneration at the date
resignation
the member, taking into account pension increases that correspond to matching pensions increases granted in the interval between the date
resignation and— (I) in the case
a preserved gratuity, the date on which he or she attains 60 years
age or, in the case
a new entrant, 65 years
age, or (II) in the case
a preserved death gratuity, the date
his or her death. (ii) A preserved pension shall not exceed an amount obtained by the formula: A X B 80 where— A is the number
years
pensionable service, subject to a maximum
40, and B is the pensionable remuneration or, in the case
a fully insured member, net pensionable remuneration, at date
resignation
the member, taking into account pay increases that correspond to matching pensions increases granted in the interval between the date
resignation and the date on which the member attains 60 years
age or, in the case
a new entrant, 65 years
age. (e) A member who is referred to in Article 7
— (
service specified in subparagraph (
age, claim a preserved pension in respect
pensionable service specified in subparagraph (e), and (ii) at 65 years
age, claim either separate preserved pensions or a single aggregated pension in respect
: (I) pensionable service as specified in subparagraph (e), and (II) pensionable service as a new entrant, subject to the requirement that the combined service shall not exceed 40 years.
service provided when the person was not fully insured and service provided when the person was fully insured where he or she— (i) is in receipt
a pension under this Part, (ii) is unemployed, and (iii) due to causes outside his or her control fails to qualify for social welfare benefit or qualifies for social welfare benefit at a reduced rate, provided that, where he or she has retired under Part 5
this Scheme, a supplementary pension shall not be payable until he or she attains 60 years
age or, in the case
a new entrant, 65 years
age. (b) The amount
supplementary pension payable shall be the amount, if any, arrived at by the formula: A - (B+C) where— A is the amount
the pension which would be payable to the former member if such pension had been calculated by reference to pensionable remuneration rather than net pensionable remuneration, B is the amount
the pension actually payable to the former member, and C is the annual amount
the reduced rate
the social welfare benefit, if any, which is payable to the former member. (c) A separate supplementary pension shall be payable in respect
each preserved pension to which a member is entitled under paragraph
his or her contributions without interest and less an amount equal to any liability for income tax in respect
such contributions.
determining whether the requirement under this Article or Article 7 as respects service for payment
a benefit is satisfied, each week
pensionable part-time service shall be reckoned as a week
full time pensionable service. Retirement on medical grounds 9.
infirmity
mind or body
discharging his or her duties as a teacher or chaplain and that the infirmity is likely to be permanent; (
the conditions specified in paragraph
pension or preserved pension 10. Save as is otherwise provided for in this Part, pensions and preserved pensions payable under this Part shall be paid fortnightly in arrears and shall continue during the lifetime
a former member. Contributions 11.
the member’s pensionable service referred to in the following paragraphs from the date he or she becomes a member.
periodic contributions for service referred to in Article 6
remuneration, or in the case
a fully insured member, 3.5%
net remuneration and 1.5%
remuneration. (b) In the case where it was not possible to pay periodic contributions for service referred to in Article 6
remuneration, or in the case
a fully insured member, 3.5%
net remuneration and 1.5%
remuneration— (i) in the case
service given on or after 1 September 2001, at the rates applicable at the time the service was given, and (ii) in the case
service given before 1 September 2001, at the rate applicable on 20 December 2001. (c) In the case
non-periodic contributions for service referred to in Article 6
remuneration or, in the case
a fully insured member, 3.5%
net remuneration and 1.5%
remuneration payable on retirement and the remuneration and net remuneration shall be based on the member’s remuneration on his or her last day
pensionable service before retirement; (d) In the case
non-periodic contributions for periods
special leave referred to in Article 6
this paragraph, “remuneration” means— (i) in the case
a member who is working on a full-time basis, the remuneration he or she actually receives, or (ii) in the case
a member who is working on a part-time basis and who— (I) is in receipt
pro rata pay — a pro rata amount
the remuneration payable in respect
notional full time service, or (II) is not in receipt
pro rata pay and is paid on an hourly basis, a pro rata amount
the relevant hourly part-time rate payable multiplied by 735.
management
a secondary school in which a member is in full time service a contribution, in respect
such member, comprising €25.40 per annum in respect
the period for which such member gives pensionable service. (b) The contribution by a board
management
a school shall become due and owing on the expiration
each school year and shall be deducted from the payment
capitation grant to the school or, where the board
management does not receive such a grant, shall be paid by the board to the Minister. (c) A contribution comprising €25.40 per annum shall be paid into a fund by the Minister at the expiration
each school year in respect
each member in a comprehensive school, community school or preparatory college who is in full time service in such year. Employment subsequent to retirement or resignation 12.
the contributions refunded to him or her plus compound interest on the amount refunded plus the amount deducted in respect
liability for income tax at the rate
3 per cent per annum with half-yearly rests from the date
payment to him or her and, with effect from 14 November 2000, at the rate
4 per cent per annum with half-yearly rests.
paying the contribution if the member had continued in pensionable service.
an instalment is based on the remuneration, excluding yearly increments in salary and pensionable allowances, that the member would have received at the time
paying the instalment if the member had continued in service.
ill-health and been awarded a pension and gratuity, or a gratuity only, and is subsequently appointed to pensionable service, the amount
any gratuity awarded to the person on his or her subsequent retirement from that service shall be reduced by the amount
the gratuity paid to him or her on the occurrence
the first retirement.
any pension or preserved pension payable to him or her shall be paid for any period
receipt
the payment under that pensionable service as may be specified by the Minister than so much as, with such payment, equals the remuneration which the person would have received in respect
such period if, during it, he or she— (a) held the position in which he or she served on the last day
his or her pensionable service, and (b) was remunerated at the rate
remuneration which he or she was in receipt
on that date.
paragraph
pensionable service in the position referred to in subparagraph (a)
that paragraph— (a) changes have taken place in the rate
remuneration referred to in that paragraph, or (b) where that position has ceased to exist, changes to the said rate would have taken place if that position had not ceased to exist, then the rate
remuneration referred to in that paragraph shall be treated as being varied by taking account
so much
those changes as may be specified by the Minister. Prohibition on duplication
benefits 13.
service more than once unless, in the case
a gratuity, he or she has repaid a gratuity having an entitlement to do so, (b) the same period
service for the purposes
this Part and also for the purposes
an approved pension scheme, or (c) service in any week which brings total service in respect
that week to more than full time service for the purposes
this Part.
a pension scheme made pursuant to the Oireachtas (Allowances to Members) Act 1938 (No. 34
1938).
this Part is a member
either House
the Oireachtas, he or she shall discount the teaching service which overlaps with the minimum service needed to acquire a full Ministerial pension. Part 3 Spouses’ and Children’s Pension Provisions Chapter 1 Preliminary Interpretation (Part 3) 14.
a Chapter
this Part (whether alone or jointly with any other person) either in pursuance
an adoption order or in accordance with the law
a country or territory other than the State and recognised by the law
the State as valid, or (b) in the case
a member
a Chapter
this Part and who is married and applies, before the termination
his or her contributing membership, for an adoption order in respect
a child and dies before the adoption procedure is completed and the child is subsequently adopted by the member’s spouse, that child from the date on which the member has had custody
him or her; “adoption order” means an adoption order made under the Adoption Acts 1952 to 1998; “net pensionable remuneration (Spouses’ and Children’s Scheme)” means the amount by which pensionable remuneration exceeds the annual maximum personal rate
State pension (contributory) payable on date
cessation
service; “spouse” means a party to a marriage recognised by the law
the State as valid; “widower’s (contributory) pension” and “widow’s (contributory) pension” means the widower’s (contributory) pension and widow’s (contributory) pension payable under the Social Welfare Acts.
the deceased who is— (a) under 16 years
age, (b) under 22 years
age and who is— (
mental or physical infirmity from maintaining himself or herself and who, when his or her permanent incapacity first occurred, was a person described in any
the foregoing paragraphs
this definition; “children’s pension” has the meaning assigned to it by Article 18; “deceased” means a member or former member
referred to in Article 18; “deceased’s pension” means— (a) in the case
a person who is awarded a pension otherwise than on retirement on medical grounds— (i) where he or she is not fully insured, the amount
such pension, or (ii) where he or she is fully insured or where the pension is calculated on a combination
service provided when the person was not fully insured and service provided when the person was fully insured, the greater
the following: (I) the amount
such pension; (II) the amount
the pension which would have been granted to him or her if it had been calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme); (b) in the case
a person who is awarded a pension on retirement on medical grounds, the amount
the pension which would have been granted to him or her if it fell to be calculated by reference to— (i) his or her pensionable remuneration, or in the case
person who is fully insured or where the pension is calculated on a combination
service provided when the person was not fully insured and service provided when the person was fully insured, his or her net pensionable remuneration (Spouses’ and Children’s Scheme), at the date
retirement taking into account any pay increases that correspond to matching pensions increases granted during the period between retirement and death, and (ii) the pensionable service which he or she would have had if he or she has served until compulsory retirement age or, in the case
a new entrant, 65 years
age; (c) in the case
a deceased person to whom a preserved pension was payable— (i) where he or she is not fully insured, the amount
such pension, or (ii) where he or she is fully insured or where the pension is calculated on a combination
service provided when the person was not fully insured and service provided when the person was fully insured, the greater
the following: (I) the amount
such pension; (II) the amount
the preserved pension which would have been granted to him or her if it had been calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme) instead
net pensionable remuneration at the date
resignation taking into account any pay increases that correspond to matching pensions increases granted during the period between resignation and death; (d) in the case
a person who resigned with entitlement to a preserved pension under Article 8, and who subsequently died before attaining 60 years
age or, in the case
a new entrant, 65 years
age, or before making application for a preserved pension, an amount equal to— D x E 80 where— D is the number
years
pensionable service at the date
resignation, subject to a maximum
40 years, and E is such person’s pensionable remuneration or, in the case
a person who is fully insured or where the pension is calculated on a combination
service provided when the person was not fully insured and service provided when the person was fully insured, his or her net pensionable remuneration (Spouses’ and Children’s Scheme) at the date
resignation taking into account pay increases that correspond to matching pensions increases granted during the period between resignation and death; or (e) in the case
a person who dies while serving as a member, the pension for which he or she would be eligible if paragraph (b)
this definition applied; “former member” in respect
membership, means a member
the definition
“child” in paragraph
such break, be regarded as having ceased to be a child for the purposes
this Chapter.
this Chapter, namely: (
the definition
“child” in paragraph
whom, emoluments in respect
such instruction or training are payable by, or on behalf
, the employer and which are
such an amount as makes the person self-supporting, save that, where the Minister is satisfied that there are compassionate grounds for doing so, he or she may direct that a person be treated as such a child notwithstanding the foregoing provisions and, where the Minister gives such a direction, then, for so long as the direction remains in force, the person shall be treated as such a child. Chapter 2 members 17.
the following persons is a Chapter 2 member: (
but had not retired on pension from such membership or, where he or she had so retired, was then a Chapter 2 member or a Chapter 3 member, provided that he or she was not a member
at any time during the period from 31 March 2004 to 31 August 2005; (c) a person admitted to Part 2 membership after 31 March 2006 and who was previously a member
but had not retired on pension from such membership or, where he or she had so retired, was then a Chapter 2 member or a Chapter 3 member; (d) a member
at any time during the period from 31 March 2004 to 31 August 2005 and who exercised an option to become a Chapter 2 member before 1 April 2006; (e) any person admitted to Part 2 membership on or after 1 September 2005 and who had previously retired from Part 2 membership on pension but was not then a Chapter 2 member or a Chapter 3 member, provided that, within 6 months
being notified
the non-periodic contributions due in respect
the period
membership given before such retirement, he or she made payment
the contributions in question.
periodic contributions, with effect from 1 April 2004, or the date
his or her appointment, if later.
probate in respect
the person’s estate. Power to grant spouses’ and children’s pensions (Chapter 2) 18. Subject to the provisions
this Chapter, the Minister shall, on the death
member or former member
who was receiving or was entitled to receive a pension under Part 2, grant, in respect
the deceased’s service— (
the death
the member or former member, cohabiting with a person other than the deceased as man and wife, or (b) in respect
any time after the death
the member or former member when the spouse is remarried or is so cohabiting with any person.
the marriage or cohabitation by reason
which the pension was withheld or ceased to be paid, the Minister is satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment
pension, the Minister may, if he or she thinks fit, grant or re-grant, as may be appropriate, the pension— (i) in the case
a marriage or cohabitation which has come to an end, from the date on which such marriage or cohabitation ended, or (ii) in any other case, from a date not earlier than the date on which the relevant application is received by the Minister.
more than one member. (b) Where a spouse would, save for this paragraph, be eligible for a spouse’s pension in respect
2 or more members the spouse shall be entitled to whichever pension provides him or her with the most favourable benefits.
the period beginning on the death
the deceased and ending with the death
the spouse.
(which relates to non-periodic contributions), on the death
a member or former member
this Chapter who was not married at retirement and who subsequently married, a pension shall be payable under this Chapter based on all pensionable service, including service which, had the member or former member not been unmarried at retirement, would have been paid by way
non-periodic contributions under that Article. (
any further contributions under that Article.
a spouse’s pension is the rate
the deceased’s pension.
the death
a member or former member
who was fully insured or where the member or former member’s pension was calculated on a combination
service provided when the person was not fully insured and service provided when the person was fully insured, the Minister shall, subject to subparagraph (b), pay to his or her spouse a supplementary pension, the amount
which shall not exceed the amount, if any, obtained by applying the following formula, namely, A — B where— A is the rate
spouse’s pension which would have resulted from the calculation referred to in paragraph
spouse’s pension resulting from the calculation referred to in paragraph
widow’s (contributory) pension or widower’s (contributory) pension, if any, payable to the spouse. (
any period during which the spouse— (
a member or former member
, other than a former member who qualifies for a preserved pension, a spouse’s pension becomes payable to his or her spouse, the rate
that pension may, in respect
the first month after his or her death, be increased to— (a) where he or she dies while a member
, 1/12th the rate
his or her pensionable remuneration, or (
pension payable to him or her on the date
his or her death is greater than the rate
spouse’s pension otherwise payable under this Chapter, 1/12th such rate
pension, or (ii) fully insured or where the pension is calculated on a combination
service provided when the person was not fully insured and service provided when the person was fully insured, where the rate
pension payable to him or her on the date
his or her death, if it had been calculated on the basis
net pensionable remuneration (Spouses’ and Children’s Scheme) instead
net pensionable remuneration, is greater than the rate
spouse’s pension otherwise payable under this Chapter, 1/12th such rate
pension, provided that the rate as so increased shall be reduced by the rate
any children’s pension payable under this Chapter and that the amount payable to the spouse under this Chapter in respect
the period
one month commencing on the day immediately following that
the deceased’s death may be paid at any time on or after the first day
such period. Children’s pensions — beneficiaries (Chapter 2) 20.
more than one member.
2 or more members, the child shall count as eligible in respect
one
them in the way which, in the opinion
the Minister, will give the most favourable overall result for the child or children in question. Children’s pensions — rate and mode
payment (Chapter 2) 21.
whom the pension is payable is not in such care, the pension shall be paid either to the child or to such other person as the Minister may determine. (b) Where children are in the care
2 or more persons, different parts
the children’s pension shall be paid to those persons in such proportions as the Minister may determine. (c) A children’s pension shall be applied for the benefit
the children for whom it is granted.
the deceased.
children’s pension under this Chapter is— (a) where the deceased is not survived by a spouse or he or she is survived by a spouse who subsequently dies, in respect
periods after the spouse’s death— (
each child equivalent to the deceased’s pension divided by the number
children; or (b) subject to paragraph
each child equivalent to the deceased’s pension divided by the number
children.
the deceased are at the time
, or at any time after, his or her death in the care
some person other than a parent or step-parent
the children, the Minister may, if he or she thinks fit, direct that for so long as they are in such care paragraph
the children
the deceased are at the time
, or at any time after, his or her death in the care
a person other than a parent or step-parent
the children, the rate
that portion
the children’s pension which is payable in respect
the children who are in the care
that person may be calculated by reference to the rates specified in paragraph
children’s pension payable in respect
the deceased shall not exceed the rate
the deceased’s pension.
this Article, where the deceased is survived by a spouse and a spouse’s pension is not granted to the spouse under this Chapter or, if one is so granted to the spouse and it ceases to be paid before his or her death, a children’s pension shall not be payable under this Chapter in respect
any period comprised within the lifetime
the spouse or within the time in respect
which the spouse’s pension is not payable, as may be appropriate, unless the Minister in his or her discretion directs that such a pension shall be payable and, where the Minister gives such a direction, he or she may, if he or she thinks fit, further direct that paragraph
remuneration or, in the case
a person who exercises an option to become a Chapter 2 member (having opted not to become a member
at the time the entitlement to exercise the relevant option was provided to him or her), 2%
remuneration.
contributions specified in this Article with effect from 1 April 2004 or the date on which he or she becomes a member, whichever is the later, and ending when he or she ceases to be a member.
contributions (Chapter 2) 23.
, other than on death, and on so ceasing is not eligible under Part 2 for the grant
a pension and gratuity, or preserved pension and preserved gratuity, then if his or her pensionable service is not transferred to an approved pension scheme, the person is entitled to receive a refund
the whole
his or her periodic contributions made under this Chapter.
, has paid periodic contributions for a period in excess
40 years is entitled to a refund
such
those contributions, beginning with his or her initial contributions and working forward, as is necessary to secure that the period in respect
which such contributions are paid by him or her without being refunded does not exceed 40 years.
such contributions.
celibacy throughout the period
his or her membership is entitled to a refund
his or her periodic contributions. (
celibacy and subsequently becomes a member
this Chapter, he or she shall repay to the Minister the amount
the periodic contributions refunded to him or her, together with compound interest on that amount from the date
payment to him or her at such rate as the Minister, with the consent
the Minister for Finance, may from time to time determine.
this Chapter, the period to which the contributions relate may become pensionable under this Chapter only if the contributions are treated as contributions refunded under Article 8
this Chapter in a position in respect
which the annual rate
remuneration or, in respect
part-time employment, the wholetime equivalent
the annual rate
remuneration, is at least the equivalent
the remuneration on which his or her pension was based, any entitlement to a spouse’s pension or children’s pension under this Chapter in respect
his or her previous membership shall be disregarded (and, accordingly, any entitlement to spouse’s pension or children’s pension shall be determined solely by reference to the member’s present membership
this Chapter).
this Chapter, had at any time previously been a member
this Chapter and had paid periodic contributions during such period
membership, such period shall be excluded in determining the number
relevant years under Article 25
those contributions is or was paid, or (b) such refund, where made in accordance with paragraph
, has been repaid in accordance with that paragraph, or (c) in the case
a refund made under Article 23
service to which the refund relates has been made pensionable in accordance with Chapter 3
that member shall be calculated on the greater
the following: (
a member or former member
who has been unmarried throughout the period
his or her membership.
was married throughout the period, or for a portion
the period,
his or her membership and he or she ceases to be a member due to— (
relevant years is nil, a contribution under this Article (in this Article referred to as a “non-periodic contribution”) shall be payable by way
reduction in the amount
his or her gratuity, death gratuity, preserved gratuity or preserved death gratuity or in such other manner as the Minister may require.
pensionable remuneration multiplied by the number
relevant years, including days in excess
completed years or, in the case
a person who is admitted to Chapter 2 membership having opted not to join Chapter 3 at the time
its commencement, 1.5%
pensionable remuneration multiplied by the number
relevant years, including days in excess
completed years.
1.5%
remuneration at the rate applicable to the person according to that subparagraph.
resignation and the date— (a) on which he or she attains 60 years
age or, where the member is a new entrant, 65 years
age, in the case
a preserved gratuity, or (b)
his or her death, in the case
a preserved death gratuity.
, the pension payable to him or her or to his or her spouse (but not the retirement gratuity, death gratuity, preserved gratuity or preserved death gratuity) falls to be increased because
an increase in the pensionable service
such member, the Minister may adjust the amount
the contribution under this Article to take account
such increase.
the Minister and subject to conditions specified by him or her, a member may elect to pay, over a period
one school year beginning on or after 1 September 2006, additional contributions equal in each case to the amount
the periodic contributions payable in respect
that period or, in the case
a member who is in part-time service, payable by reference to the full time equivalent
the member’s remuneration in respect
such period. (b) Where one or more such additional contributions are made under subparagraph (a), this Article shall apply to the person by whom the contribution or contributions is or are made subject to the modification that, in calculating the number
relevant years, such number shall be reduced by one for every contribution made by the person under subparagraph (a). (
this Article is 40 years.
applies becomes a former member
his or her final period
membership shall be reduced by the amount
the contribution paid under the relevant paragraph when he or she became a former member, provided there was no refund
that contribution.
relevant years” means— (a) in relation to a member
who, being then married, ceases to be a member— (i) if such cesser is caused otherwise than by death or retirement on medical grounds, the number
years
pensionable service which he or she then had, or (ii) if such cesser is due to death or retirement on medical grounds, the number
years
pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case
a new entrant, 65 years
age, reduced, in each case, by the period
pensionable service, if any, for which periodic contributions have been paid by him or her and are not refundable; or (b) in relation to a member
who, being then unmarried, ceases to be a member, the period
pensionable service which he or she had on the date
termination
his or her last marriage before such cesser, reduced by the period
pensionable service, if any, for which periodic contributions have been paid by him or her and are not refundable.
gave service, other than as a teacher in a secondary school, community school or comprehensive school or chaplain in a community school or comprehensive school, which is reckonable under Article 6, any portion
that service in respect
which he or she paid periodic contributions under a pension scheme similar to this Chapter shall, provided that those contributions were not refunded to him or her, be excluded in determining the number
relevant years under paragraph
members whose early death is to be foreseen (Chapter 2) 26. Where a member or a former member
marries and— (a) he or she dies within a year
the date
the marriage, (
the opinion that his or her death within the said period was, at the date
the marriage, to be foreseen by him or her or by his or her spouse, then the Minister may for the purposes
this Chapter regard the marriage as not having taken place and, where the marriage is so regarded, all necessary adjustments (including, if need be, repayment to the Minister
sums paid in respect
pensions already granted under this Chapter) shall be made accordingly. Chapter 3 Spouses’ and Children’s Contributory Pension Provisions (Provisions Introduced From 1968 And Onwards) Commencement (Chapter 3) 27. This Chapter shall be deemed to have come into operation on 23 July 1968 in respect
male members and on 1 June 1981 in respect
female members. Interpretation (Chapter 3) 28.
the deceased who is— (a) under 16 years
age, (b) under 21 years
age or, with effect from 1 January 1997, is under 22 years
age, and who, in either case, is— (
mental or physical infirmity from maintaining himself or herself and who, when his or her permanent incapacity first occurred, was a person described in any
the foregoing paragraphs
this definition, save that, in the case
the person who reaches 21 years
age before 1 July 1977, this definition shall not apply to him or her during the period beginning on the day on which he or she reaches such age and ending on 30 June 1977; “children’s pension” has the meaning assigned to it by Article 30; “deceased” means a member or former member
referred to in Article 30; “deceased’s pension” means— (a) in the case
a person who is awarded a pension, including a pension awarded because
retirement on medical grounds before 2 December 1975, or in the case
a person awarded a preserved pension— (i) where he or she is not fully insured, the amount
such pension, or (ii) where he or she is fully insured or where the pension is calculated on a combination
service provided when the person was not fully insured and service provided when the person was fully insured, the greater
the following: (I) the amount
such pension; (II) the amount
the pension which would have been granted to him or her if it had been calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme), (b) in the case
a person who is not awarded a pension but has given not less than 5 but not more than 10 years pensionable service and retires on medical grounds— (i) before 30 June 1974, an amount equivalent to 1/80th
his or her pensionable remuneration for each completed year
pensionable service but excluding any days in excess
completed years, (ii) on or after 30 June 1974 and before 30 June 1976, an amount equivalent to 1/80th
his or her pensionable remuneration for each year
pensionable service and for any days in excess
completed years to be treated on a pro rata basis, (c) in the case
a person who retires on medical grounds on or after 2 December 1975 and is awarded a pension— (i) where he or she dies before 30 June 1977— (I) in respect
the period before 30 June 1977, the amount
such pension, (II) in respect
the period on or after 30 June 1977, the amount
the pension which would be granted to him or her if it fell to be calculated by reference to the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case
a new entrant, 65 years
age, or (ii) where he or she is a person other than a person who died before 30 June 1977 and who is not fully insured, the amount
the pension which would be granted to him or her if it fell to be calculated by reference to the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case
a new entrant, 65 years
age, (iii) where he or she is a member who is fully insured or where the pension is calculated on a combination
service provided when the person was not fully insured and service provided when the person was fully insured, the greater
the following: (I) the amount
such pension; (II) the amount
the pension which would be granted to him or her if it fell to be calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme) and the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case
a new entrant, 65 years
age provided that, where the member has paid periodic contributions (based on net remuneration) in respect
a period
service purchased in accordance with Chapter 3
, the portion
the deceased’s pension based on such service shall be calculated by reference to net pensionable remuneration, (d) in the case
a person who resigned with entitlement to a preserved pension, and who dies before attaining 60 years
age or, in the case
a new entrant, 65 years
age, or before making application for the preserved pension— (i) where he or she is not fully insured, the amount
the preserved pension, or (ii) where he or she is fully insured or where the pension is calculated on a combination
service provided when the person was not fully insured and service provided when the person was fully insured, the greater
the following: (I) the amount
such preserved pension; (II) the amount
the preserved pension which would be granted to him or her if it had been calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme), if he or she had, at date
death, attained 60 years
age or, in the case
a new entrant, 65 years
age, and had applied for the preserved pension, (e) in the case
a person who dies while serving as a member before 30 June 1977, having given not less than 5 years pensionable service, the amount
the pension which would be granted to him or her if it fell to be calculated by reference to the pensionable service which he or she would have had if he or she had served to compulsory retirement age, or (f) in the case
a person who dies while serving as a member on or after 30 June 1977, having given not less than 5 years pensionable service or having the potential to give not less than 5 years pensionable service by compulsory retirement age or, in the case
a new entrant, 65 years
age— (i) where he or she is not fully insured, the amount
the pension which would be granted to him or her if it fell to be calculated by reference to the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case
a new entrant, 65 years
age, or (ii) where he or she is fully insured or where the pension is calculated on a combination
service provided when the person was not fully insured and service provided when the person was fully insured, the greater
the following: (I) the amount
the pension described in clause (i); (II) the amount
the pension which would be granted to him or her if it fell to be calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme) and the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case
a new entrant, 65 years
age; “former member” in respect
membership, means a member
who, being then married dies, retires under Part 2 or resigns from employment as a teacher or chaplain; “pensionable service” means service which is pensionable under Article 6 and, in the case
a member
this Chapter who died in service or who, on or after 2 December 1975, retired on medical grounds, the member’s potential service to compulsory retirement age or, in the case
a new entrant, to 65 years
age, provided that total pensionable service shall not exceed 40 years; “periodic contributions” means the contributions referred to in Article 34; “spouse’s pension” has the meaning assigned to it by Article 30.
shall apply to the definition
“child” in this Article as they apply to the definition
“child” in Article
the following persons is a Chapter 3 member: (a) any male teacher or chaplain who is a member
and who— (i) became a member
on or after 1 October 1969 and before 1 September 2005, or (ii) being a member
during the whole or any part
the period beginning on 23 July 1968 and ending on 30 September 1969,— (I) did not opt out
becoming a Chapter 3 member between 23 July 1968 and 31 December 1971, (II) opted not to become a Chapter 3 member between 23 July 1968 and 30 September 1969 and who, notwithstanding the exercise by him or her
the option in that manner, during the period beginning on 1 October 1969 and ending on 31 December 1971, elected to become a Chapter 3 member, or (III) opted not to become a Chapter 3 member between 23 July 1968 and 30 September 1969 and who subsequently between 23 July 1968 and 31 December 1971, either died or retired from pensionable service or otherwise ceased to be a person to whom this Chapter applies, and— (A) who, notwithstanding the exercise by him
the option in that manner, during the last-mentioned period in this subclause elected to become a Chapter 3 member, or (B) in respect
whom, notwithstanding the exercise by him
the option in that manner, an election was made to become a Chapter 3 member during that last-mentioned period, (b) any female teacher or chaplain who is a member
and who— (i) became a member
on or after 1 November 1981 and before 1 September 2005 or, in the case
a teacher or chaplain in a community school, on or after 1 February 1982 and before 1 September 2005, or (ii) being a member
during the whole or any part
the period beginning on 1 June 1981 and ending on 31 October 1981 or, in the case
a teacher or chaplain in a community school, ending on 31 January 1982, during such period elected to become a Chapter 3 member or did not exercise an option to do so, or (iii) during the period beginning on 1 June 1981 and ending on 31 October 1981 or, in the case
a teacher or chaplain in a community school, ending on 31 January 1982, opted not to become a Chapter 3 member and who, notwithstanding the exercise by her
that option in that manner, during the same period elected to become a Chapter 3 member, or (iv) during the period beginning on 1 June 1981 and ending on 31 October 1981 or, in the case
a teacher or chaplain in a community school, ending on 31 January 1982 opted not to become a Chapter 3 member and who subsequently, during such period, either died or retired from pensionable service or otherwise ceased to be a person to whom this Chapter applies, and— (I) who, notwithstanding the exercise by her
the option in that manner, during the period mentioned in this clause (whether ending on 31 October 1981 or 31 January 1982, as appropriate) elected to become a Chapter 3 member, or (II) in respect
whom, notwithstanding the exercise by her
the option in that manner, an election was made to become a Chapter 3 member during the said period. Power to grant spouses’ and children’s pensions (Chapter 3) 30.
this Chapter, the Minister shall, on the death
a person referred to in paragraph
the person’s service— (
the deceased which takes place after he or she has ceased to be a member shall not be taken into account for the purposes
this Chapter, and accordingly any reference to a marriage, a spouse, the widow or the children
the deceased shall be construed in accordance with this proviso.
, or (ii) a former member
, and (b) a pension, death gratuity, preserved pension or preserved death gratuity or, if the person retired on medical grounds before 30 June 1976 having given not less than 5 and not more than 10 years pensionable service, a gratuity, has been, or is awarded, to or in respect
the person. Spouses’ pensions (Chapter 3) 31.
the death
the former member, cohabiting with a person other than the deceased as man and wife, or (b) in respect
any time after the death
the former member when the spouse is remarried or is so cohabiting with any person.
the marriage or cohabitation by reason
which the pension was withheld or ceased to be paid, the Minister is satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment
pension, the Minister may, if he or she thinks fit, grant or re-grant, as may be appropriate, the pension— (i) in the case
a marriage or cohabitation which has come to an end, from the date on which such marriage or cohabitation ended, or (ii) in any other case, a date not earlier than the date on which the relevant application is received by the Minister.
more than one member. (b) Where a spouse would, save for this paragraph, be eligible for a spouse’s pension in respect
2 or more members the spouse shall be entitled to whichever pension provides him or her with the most favourable benefits.
the period beginning on the death
the deceased and ending with the death
the spouse.
a spouse’s pension is the rate
the deceased’s pension.
service provided when the person was not fully insured and service provided when the person was fully insured, the Minister shall, with effect from a date which is not earlier than 6 April 1995, and subject to subparagraph (b), pay to his or her spouse a supplementary pension, the amount
which shall not exceed the amount, if any, obtained by applying the following formula, namely, A-B where— A is the rate
spouse’s pension which would have resulted from the calculation referred to in paragraph
spouse’s pension resulting from the calculation referred to in paragraph
widow’s (contributory) pension or widower’s (contributory) pension, if any, payable to the spouse. (
any period during which the spouse— (
a member or former member, other than a former member who qualifies for a preserved pension, a spouse’s pension becomes payable to his or her spouse, the rate
that pension may, in respect
the first month after his or her death, be increased to— (a) where he or she dies while a member, 1/12th the rate
his or her pensionable remuneration, or (b) where he or she dies after being granted a pension and where the rate
pension payable to him or her on the date
his or her death is greater than the rate
spouse’s pension otherwise payable under this Chapter, 1/12th
such rate
pension, provided that the rate as so increased shall be reduced by the rate
any children’s pension payable under this Chapter and that the amount payable to the spouse under this Chapter in respect
the period
one month commencing on the day immediately following that
the deceased’s death may be paid at any time on or after the first day
such period. Children’s pensions — beneficiaries (Chapter 3) 32.
the child, as the case may be, at some time during the period
his or her membership; and (b) the child is born before or during the period
the deceased’s membership or not more than 10 months after the deceased ceased to be a member.
the deceased only if (
the deceased’s membership; or (ii) after the period
the deceased’s membership but only if the deceased had applied, before the termination
membership, for an adoption order in respect
the child, the deceased dies before the adoption procedure is completed and the child is subsequently adopted by the member’s spouse; and (b) the deceased is married at some time during the period
his or her membership.
the deceased (a) only in respect
a period on or after 1 January 1979; and (b) only if the deceased’s marriage that makes the deceased the step-parent
the step-child occurs (i) before the period
the deceased’s membership and the marriage continues to the time that the deceased became a member; or (ii) during the period
the deceased’s membership.
more than one member. (b) Where, save for this paragraph, there would be an eligibility for a children’s pension in respect
2 or more members, the child shall count as eligible in respect
one
them in the way which, in the opinion
the Minister, will give the most favourable overall result for the child or children in question. Children’s pensions — rate and mode
payment (Chapter 3) 33.
whom the pension is payable is not in such care, the pension shall be paid either to the child or to such other person as the Minister may determine. (b) Where children are in the care
2 or more persons, different parts
the children’s pension shall be paid to those persons in such proportions as the Minister may determine. (c) A children’s pension shall be applied for the benefit
the children for whom it is granted.
the deceased.
children’s pension under this Chapter is— (a) where the deceased is not survived by a spouse or is survived by a spouse who subsequently dies, in respect
periods after the spouse’s death, 2/12ths the deceased’s pension for the first child plus 1/12th for each additional child up to a fourth additional child; (b) subject to paragraph
children’s pension under this Chapter is— (a) where the deceased is not survived by a spouse or is survived by a spouse who subsequently dies, in respect
periods after the spouse’s death, 4/12ths
the deceased’s pension for the first child plus 2/12ths for a second child; (b) subject to paragraph
the deceased’s pension for the first child plus 2/12ths for each additional child up to a second additional child.
the deceased are at the time
, or at any time after, his or her death in the care
some person other than his or her spouse, the Minister may, if he or she thinks fit, direct that for so long as they are in such care paragraph
the children
the deceased are at the time
, or at any time after, his or her death in the care
a person other than his or her spouse, the rate
that portion
the children’s pension which is payable in respect
the children who are in the care
that person may be calculated by reference to the rates specified in paragraph
children’s pension payable in respect
the deceased shall not exceed the rate
the deceased’s pension.
this Article, where the deceased is survived by a spouse and a spouse’s pension is not granted to the spouse under this Chapter or, one is so granted to the spouse and it ceases to be paid before his or her death, a children’s pension shall not be payable under this Chapter in respect
any period comprised within the lifetime
the spouse or within the time in respect
which a spouse’s pension is not payable, as may be appropriate, unless the Minister in his or her discretion directs that such a pension shall be payable and, where the Minister gives such a direction, he or she may, if he or she thinks fit, further direct that paragraph
shall pay periodic contributions that comprise 1.5%
remuneration.
contributions specified in this Article with effect from the date
commencement
this Chapter or the date on which he or she becomes a member, whichever is the later, and ending when he or she ceases to be a member, such payments shall be made at such times and in such manner as the Minister may determine.
contributions (Chapter 3) 35.
and was unmarried at all times during his or her membership
this Chapter, or (b) on ceasing to be a member
other than on death, on so ceasing was married, and either— (i) is not eligible under Part 2 for the grant
a pension andgratuity, or (
a new entrant, 65 years
age, is less than 5 years, then if his or her pensionable service is not transferred to an approved pension scheme, or if he or she is not eligible for a preserved pension and preserved gratuity, the person is entitled to a refund
the whole
his or her periodic contributions.
this Chapter on ceasing to be a member is entitled to a refund
such
those contributions, if any, beginning with his or her initial contributions and working forward, or, in the case
a member to whom paragraph
which such contributions are paid by him or her without being refunded— (
years, or (c) if he or she is unmarried when he or she ceased to be a member, does not exceed a period equal to the length
service on the date
his or her spouse’s death.
a new entrant, 65 years
age, the former member is entitled to a refund
contributions paid in respect
the period subsequent to the spouse’s death.
this Chapter, the period to which the contributions relate may become reckonable under this Chapter provided that— (a) contributions in respect
for the period in question have not been refunded or, where they have been refunded together with the periodic contributions, have been repaid in accordance with Article 12, and (b) the person repays to the Minister the amount
the periodic contributions so refunded to him or her and the provisions
this Chapter, any prospective entitlement to a spouse’s or children’s pension under this Chapter in respect
his or her previous service shall be disregarded (and, accordingly, any entitlement to a spouse’s pension or children’s pension shall be determined solely by reference to the member’s present membership
this Chapter).
this Chapter in a position in respect
which the annual rate
remuneration or, in respect
part-time employment, the wholetime equivalent
the annual rate
remuneration, is at least the equivalent
the remuneration on which the pension was based, any prospective entitlement to a spouse’s pension or children’s pension under this Chapter in respect
his or her previous membership shall be disregarded (and, accordingly, any entitlement to a spouse’s pension or children’s pension shall be determined solely by reference to the member’s present membership
this Chapter).
this Chapter, had at any time previously been a member
this Chapter and had paid periodic contributions during such period
membership, the period in respect
which he or she paid such periodic contributions shall be excluded in determining the number
relevant years under Article 37
those contributions is or was paid, or (b) such refund, where paid, has been repaid in accordance with Article 35
service to which the refund relates has been purchased in accordance with Chapter 3
his or her final period
membership shall be reduced by the amount
the contribution paid under that Article when he or she first became a former member (that is to say, on the first occasion
his or her becoming a former member), provided there was no refund
that contribution.
that member shall be calculated on the greater
the following: (
a member who has been unmarried throughout the period
his or her membership.
this Chapter was married at any time during the period
his or her membership and he or she— (
a new entrant, 65 years
age, is not less than 5 years, or (ii) retirement on pension or resignation with entitlement to a preserved pension, then, unless the number
relevant years is nil, a contribution under this Article (in this Article referred to as a “non-periodic contribution”) shall be payable by way
reduction in the amount
the member’s gratuity, death gratuity, preserved gratuity, preserved death gratuity or the gratuity payable to a member who retired on medical grounds before 30 June 1976 or in such other manner as the Minister may require.
the member’s pensionable remuneration multiplied by the number
relevant years, days in excess
completed years being taken into account in the case
a member whose membership ceases on or after 30 June 1974.
1.5%
remuneration at the rate applicable to the person according to that subparagraph.
resignation and the date— (a) on which he or she attains 60 years
age or, where the member is a new entrant, 65 years
age, in the case
a preserved gratuity, or (b)
his or her death, in the case
a preserved death gratuity.
an increase in the pensionable service
such a member, the Minister may adjust the amount
the contribution under this Article to take account
such increase.
the Minister and subject to conditions specified by him or her, a member may elect to pay, over periods
one or more school years beginning on or after 1 September 2006, additional contributions equal in each case to the amount
the periodic contributions payable in respect
that period or, in the case
a member who is in part-time service, payable by reference to the wholetime equivalent
the member’s remuneration in respect
such period. (b) Where one or more additional contributions are made under subparagraph (a), this Article shall apply to the person by whom the contribution or contributions is or are made subject to the modification that, in calculating the number
relevant years, such number shall be reduced by one for every contribution made by the person under subparagraph (a). (
this Article is 40 years.
relevant years” means— (a) in relation to a member
who, being then married, ceases to be a member because
death before 30 June 1974, the number
whole years
service which he or she would have had if he or she had served to compulsory retirement age, excluding any fraction
a year and reduced by the number
whole years
service, if any, in respect
which periodic contributions have been paid by him or her and are not refundable, (b) in relation to a member
who, being then married, ceases to be a member otherwise than by death before 30 June 1974, the number
whole years
service which he or she then had, excluding any fraction
a year and reduced by the number
whole years
service, if any, in respect
which periodic contributions have been paid by him or her and are not refundable, (c) in relation to a member
who, being then unmarried, ceases to be a member before 30 June 1974, the number
whole years
service which he or she had on the date
termination
his or her last marriage before such cesser, reduced by the number
whole years
service, if any, for which periodic contributions have been paid by him or her and are not refundable, (d) in relation to a member
who, being then married, ceases to be a member because
death on or after 30 June 1974, the period
pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case
a new entrant, to 65 years
age, reduced by the period
service, if any, in respect
which periodic contributions have been paid by him or her and are not refundable, (e) in relation to a member
who, being then married, ceases to be a member otherwise than by death on or after 30 June 1974 and before 2 December 1975, the period
pensionable service which he or she then had reduced by the period
service, if any, for which periodic contributions have been paid by him or her and are not refundable, (f) in relation to a member
who, being then unmarried, ceases to be a member on or after 30 June 1974, the period
pensionable service which he or she had on the date
termination
his or her last marriage before such cesser, reduced by the period
service, if any, for which periodic contributions have been paid by him or her and are not refundable, (g) in relation to a member
who, being then married, ceases to be a member on retirement on medical grounds on or after 2 December 1975, the period
pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case
a new entrant, 65 years
age, reduced by the period
service, if any, for which periodic contributions have been paid by him or her and are not refundable, or (h) in relation to a member
who, being then married, ceases to be a member on retirement, otherwise than on medical grounds, on or after 2 December 1975, the period
pensionable service which he or she then had, reduced by the period
service, if any, for which periodic contributions have been paid by him or her and are not refundable.
gave service, other than as a teacher in a secondary school, community school or comprehensive school or chaplain in a community school or comprehensive school, which is reckonable under Article 6, any portion
that service in respect
which he or she paid periodic contributions under a pension scheme similar to this Chapter shall, provided those contributions were not refunded to him or her, be excluded in determining the number
relevant years under paragraph
members whose early death is to be foreseen (Chapter 3) 38. Where a member marries and— (a) he or she dies within a year
the date
the marriage, (
the opinion that his or her death within said period was, at the date
the marriage, to be foreseen by him or her or by his or her spouse, then the Minister may for the purposes
this Chapter regard the marriage as not having taken place and, where the marriage is so regarded, all necessary adjustments (including, if need be, repayment to the Minister
sums paid in respect
pensions already granted under this Chapter and refunds
contributions made under this Chapter) shall be made accordingly. Chapter 4 Secondary Teachers Widows’ and Children’s Ex-Gratia Pension Provisions Commencement (Chapter 4) 39. This Chapter shall be deemed to have come into operation on 23 July 1968. Interpretation (Chapter 4) 40.
the deceased who is— (a) under 16 years
age, (b) under 21 years
age and who is— (
mental or physical infirmity from maintaining himself or herself and who, when his or her permanent incapacity first occurred, was a person described in any
the foregoing paragraphs
this definition, save that, in the case
a person who attains 21 years
age before 1 July 1977, this definition shall not apply to him or her during the period beginning on the day on which he or she reaches such age
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.