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S.I. No. 625/2011 - Private Residential Tenancies Board Superannuation Scheme 2011.

S.I. No. 625/2011 - Private Residential Tenancies Board Superannuation Scheme 2011. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English

Article 11

of this Scheme in the interval between the date of resignation and the date on which the member attains age 65. (g) The amount of a preserved lump sum or preserved death gratuity shall be the amount which would have been awarded to the member concerned under paragraph 8.2 of this Scheme if he or she had attained age 65 on the date of resignation, as increased by reference to

Article 11

of this Scheme in the interval between the date of resignation and the date (

  1. i)on which he or she attains the age of 65, in the case of a preserved lump sum, or (
  2. ii)of his or her death, in the case of a preserved death gratuity. (
  3. h)A member to whom this sub-paragraph applies who, on the date of his or her resignation, is aged 55 or over may apply in writing before the date of resignation to have his or her preserved pension and lump sum benefits paid with effect from the date of resignation and if the Board agrees, those benefits shall be calculated by reference to the member’s pensionable remuneration at the date of resignation and shall be payable as and from that date, but the amount of each benefit shall be reduced by reference to the member’s age at date of resignation in accordance with actuarial tables approved by the Minister for Public Expenditure and Reform. 8. 4 Preservation of Benefits — Members who are not New Entrants (
  4. a)Where a member who is not a new entrant— (
  5. i)ceases to be a member before age 60 other than in accordance with the provisions of subparagraph 9.1 after at least two years’ actual pensionable service, or (
  6. ii)ceases to be a member before age 60 in accordance with the provisions of subparagraph 9.1 after at least two years’ and less than five years’ actual pensionable service and does not opt, in writing, for the benefits of subparagraph 8.2 (b), he or she will, on attaining the age of 60, qualify under this paragraph for a pension and lump sum payment (which pension and lump sum are in this Scheme referred to as a “preserved pension” and “preserved lump sum” respectively), provided: (I) he or she does not receive any other benefit in respect of that service, and (II) that service is not reckoned for pension purposes by him or her in another employment under approved arrangements. (
  7. b)If a person referred to in subparagraph (
  8. a)of this paragraph dies before attaining the age of 60, a sum (in this Scheme referred to as a “preserved death gratuity”) shall be payable to the person’s legal personal representative by the Board in respect of him or her. (
  9. c)A preserved pension shall be awarded to the person concerned on and from his or her attaining the age of 60 on an application being made by him or her in that behalf. Where the person concerned dies on or after attaining age 60 without applying for the preserved pension, an amount equal to the preserved pension payable between age 60 and the date of death of the person concerned shall be payable to the legal personal representative of the person concerned on application being made. (
  10. d)A preserved lump sum or preserved death gratuity shall be payable to or in respect of the person concerned on an application being made to the Board by him or her at any time after he or she reaches the age of 60 or, in case he or she dies before reaching that age, by his or her legal personal representative. Where the person concerned dies on or after attaining age 60 without applying for the preserved lump sum, an amount equal to the preserved pension payable between age 60 and the date of death of the person concerned shall be payable to the legal personal representative of the person concerned on application being made. (
  11. e)The Board may at its discretion pay a supplementary pension on the terms and conditions set out in subparagraph 8.5 of this Scheme. (
  12. f)The amount of a preserved pension shall be the amount which would have been awarded to the member concerned under paragraph 8.1 of this scheme if he or she had attained age 60 on the date of resignation, as increased by reference to

Article 11

of this Scheme in the interval between the date of resignation and the date on which the member attains age 60. (g) The amount of a preserved lump sum or preserved death gratuity shall be the amount which would have been awarded to the member concerned under paragraph 8.2 of this Scheme if he or she had attained age 60 on the date of resignation, as increased by reference to

paragraph11 of this Scheme in the interval between the date of resignation and the date: (

  1. i)on which he or she attains the age of 60, in the case of a preserved lump sum, or (
  2. ii)of his or her death, in the case of a preserved death gratuity. (
  3. h)A member to whom this sub-paragraph applies who, on the date of his or her resignation, is aged 50 or over may apply in writing before the date of resignation to have his or her preserved pension and lump sum benefits paid with effect from the date of resignation and if the Board agrees, those benefits shall be calculated by reference to the member’s pensionable remuneration at the date of resignation and shall be payable as and from that date, but the amount of each benefit shall be reduced by reference to the member’s age at date of resignation in accordance with actuarial tables approved by the Minister for Public Expenditure and Reform. 8. 5 Supplementary Pension (
  4. a)Where a person who was a fully insured member is in receipt of a pension under this Scheme, is unemployed, and, due to causes outside his or her own control: (
  5. i)fails to qualify for Social Welfare benefit; or (
  6. ii)qualifies for Social Welfare benefit at a reduced rate; (iii) in the case of a person mentioned in paragraph 8.3 (g), has attained the age of 65 years; or (
  7. iv)in the case of a person mentioned in subparagragh 8.4 (
  8. g)has attained the age of 60 years; then for so long as the Board is satisfied with the preconditions set out in this paragraph are complied with, the person concerned may, at the discretion of the Board, be paid a supplementary pension under this Scheme. (
  9. b)The amount of a supplementary pension payable pursuant to subparagraph (
  10. a)of this paragraph shall be the amount, if any, arrived at by the formula: A — (B+C), where A is the amount of the pension which would be payable to the former member of this Scheme if he or she had not been fully insured, B is the amount of the pension actually payable to the former member, and C is the annual amount of the Social Welfare benefit, if any, which is payable to the former member. 8. 6 Return of contributions In the case of a member— (
  11. i)who has completed less than two years’ actual pensionable service, and (
  12. ii)whose membership ceases otherwise than on medical grounds or death, and (iii) who does not transfer his or her pensionable service under this Scheme to another organisation in accordance with arrangements approved by the Minister or the Minister for Public Expenditure and Reform, his or her contributions shall be returned to him or her less an amount equal to any income tax liability by the Board in respect of such contributions. 9. RETIREMENT ON MEDICAL GROUNDS 9. 1 Where a member retires or is retired on medical grounds, a benefit under subparagraph 8.1 and/or 8.2 of this Scheme shall only be made where the following conditions are met: (
  13. a)Medical evidence must be supplied, having regard to which the Board is satisfied that the member is incapable from infirmity of mind or body of discharging the duties of his or her post and that that infirmity is likely to be permanent. In this connection, the member must, if requested by the Board, undergo medical examination by a registered medical practitioner nominated by the Board. (
  14. b)The retirement must be wholly due to the infirmity. (
  15. c)The infirmity must not have been caused by the member’s own fault or negligence. (
  16. d)The member must not— (
  17. i)have made a false declaration about his or her health, or (
  18. ii)have suppressed a material fact about his or her health, when applying to take up his or her post in the Board. 9. 2 Where any or all of the above conditions are not met, subparagraph 8.3 or 8.4, as appropriate, shall apply in lieu of benefit under subparagraph 8.1 and/or 8.2. 10. PAYMENT OF PENSION OR PRESERVED PENSION Save as is otherwise provided in the Scheme, pensions and preserved pensions payable under this Scheme shall be paid monthly in arrears and shall continue throughout the life of the member. 11. PENSIONS INCREASES The Board may grant such increases in such pensions and preserved pensions under this Scheme as may be authorised from time to time by the Minister with the consent of the Minister for Public Expenditure and Reform. 12. CONTRIBUTIONS 12. 1 Every fully insured member shall pay a contribution as from— (
  19. a)in the case of a person in the employment of the Board on the date of commencement, the date of commencement, or (
  20. b)in any other case, from the date of entry to the Scheme, 12. 2 The contribution shall comprise— (
  21. i)3.5% of net remuneration (as defined in subparagraph 5.4), and (
  22. ii)1.5% of remuneration (as defined in subparagraph 5.3), provided that in the case of a member who is work-sharing, sub-clause (
  23. a)above shall, as an interim measure, be calculated in accordance with the formula A x B C, where A is the amount of the contribution which would be payable by an equivalent whole-time employee, B is the number of hours (excluding overtime) worked by the member concerned, and C is the standard number of hours applicable to an equivalent whole-time post. 12. 3 Where a member is in receipt of a reduced rate of pay because of absence from employment, the contributions in respect of that period will be calculated by reference to the rate of pay that would be payable to him or her if he or she were not so absent. 12. 4 An actuarial revaluation of the Scheme may be carried out from time to time if the Board so decides and the Board retains the right to vary the contributions payable by the members. 13. EMPLOYMENT SUBSEQUENT TO RETIREMENT ORRESIGNATION 13. 1 Where a member whose contributions have been returned to him or her under subparagraph 8.6 is re-employed by the Board in a pensionable position, his or her previous pensionable service may be reckoned for the purpose of calculating superannuation subsequently, provided he or she refunds to the Board the amount of the contributions including interest paid to him or her with compound interest on such amount at the rate of four per cent per annum with half-yearly rests from the date of payment to him or her. The Board may, at its discretion, agree to accept such refunds by instalments, provided interest on the basis outlined above continues to be paid on the outstanding balance. 13. 2 Where a member whose contributions have been returned to him or her under subparagraph 8.6 subsequently becomes employed in a pensionable position in which his or her previous pensionable service is capable of being reckoned, his or her previous pensionable service may be reckoned for superannuation subsequently, provided he or she refunds the amount of the contributions including interest paid to him or her with compound interest on such amount at the rate of four per cent per annum with half-yearly rests from the date of payment to him or her. 13. 3 If a member who retires or is retired on medical grounds subsequently becomes a pensionable employee and has been awarded a pension and gratuity or gratuity only on initial retirement on medical grounds, pension, where payable, shall be cancelled on his or her re-appointment and his or her previous pensionable service on which the pension was based may, if the member so opts, be aggregated with subsequent pensionable service for the purpose of this Scheme. The amount of any lump sum gratuity awarded on eventual retirement or death shall be reduced by the amount of the lump sum or gratuity paid to him or her on initial retirement. 13. 4 If a pensioner under this Scheme receives payment in respect of employment by the Board or by any person or firm resident in the Republic of Ireland and associated with or directly or indirectly controlled by the Board, no more of the pension or preserved pension shall be paid for any period of receipt of the payment as may be specified by the Board than so much as, with the payment, equals the pay which the person would have received in respect of that period if during it he or she— (
  24. a)held the position in which he or she served on the last day of his or her pensionable service, but (
  25. b)was remunerated at the rate of pay of which he or she was in receipt on that date (including the money value of apartments, rations or other perquisites in kind), subject, however, in case changes have taken place, (or, if the position has ceased to exist would have taken place if it had not ceased to exist), in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified by the Board. 13. 5 If a member was awarded a pension and lump sum on retirement in accordance with the terms of Department of Public Expenditure and Reform Circular 12/09, no more of the pension shall be paid for any period of membership of this Scheme than so much as, with the remuneration payable during membership, equals the pay which the person would have received in respect of the period of membership if during it he or she (
  26. a)held the position in which he or she served on the last day of his or her pensionable service but (
  27. b)was remunerated at the rate of pay of which he or she was in receipt on that date (including the money value of apartments, rations or other perquisites in kind) subject, however, in case changes have taken place, (or, if the position has ceased to exist would have taken place if it had not ceased to exist), in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified by Board. 14. CESSER OR REDUCTION OF BENEFIT 14. 1 Where a member is dismissed or resigns or otherwise ceases to hold employment and has been guilty of misconduct involving a financial loss to the Board or the State, the Board may, at its discretion, refuse or reduce any award which might otherwise be payable under paragraph 8 of this Scheme (including a return of contributions under subparagraph 8.6) in order to make good such a loss. 14. 2 The Board may, at its discretion, reduce or cease paying a pension awarded under this Scheme if the pensioner has been guilty of misconduct involving a financial loss to the Board or the State, in order to make good such a loss. 15. CONDITIONS GOVERNING AWARDS 15. 1 Declarations Payments of pension or preserved pension under this Scheme shall be subject to the making by the pensioner of a relevant declaration in such form and at such time as the Board may require. 15. 2 Proof of age A member must submit evidence of his or her date of birth on entry into the Scheme or before any payment of benefit can be made. 16. ASSIGNMENTS A pension or preserved pension under this Scheme may not be assigned or charged. If the pensioner becomes incapable of giving a receipt for payments due, the Board shall have discretion to make such payments in whole or in part to such persons, including the authorities of any institution having care of the pensioner, as the Board thinks fit, and the Board shall be discharged from all liability in respect of any sum so paid. 17. DUPLICATION OF BENEFIT NOT TO BE ALLOWED 17. 1 (
  28. a)A member shall not be entitled to reckon the same period of time more than once for the purposes of a pension or gratuity, unless in the case of a gratuity, having been entitled to repay such gratuity, he or she has done so. (
  29. b)A member shall not be entitled to reckon the same period of time both for the purposes of this Scheme and also for the purposes of any other public service pension scheme. 17. 2 Where a member’s employment with the Board ceases (whether on retirement, death or otherwise), benefit under this Scheme shall be reduced by reference to any sum, other than one to which the prior approval of the Minister for Public Expenditure and Reform had been obtained, which is payable to or in respect of him or her on such cesser, other than under this Scheme, by the Board or under any arrangement (whether by way of insurance or otherwise) to which the Board has contributed. 18. CONTRIBUTIONS TO CERTAIN ORGANISATIONS 18. 1 Where a superannuation award is made by a local authority to any person under the provisions of the Local Government Superannuation Code and in determining the amount of the award any period of pensionable service with the Board has been reckoned, the Board shall, in the absence of a Knock-for-Knock Agreement under the Local Government Superannuation Code, make a single transfer value payment or a series of contributions to the local authority, as may be agreed between the local authority and the Board, and such payment or contributions shall be in accordance with such tables or rates as may be approved by the Minister for the Environment, Community and Local Government. 18. 2 Where under the Local Government Superannuation Code, superannuation contributions are returned by a local authority to a former member of this Scheme, and the amount includes a sum in respect of contributions paid under this Scheme, the Board shall, in the absence of a Knock-for-Knock Agreement under the Local Government Superannuation Code, recoup such sum to the local authority. 19. APPEALS If a member or former member is aggrieved by the failure or refusal of the Board to make an award under this Scheme or by the amount of any award, including the award of pension increases, made, he or she may appeal to the Minister who shall refer the dispute to the Minister for Public Expenditure and Reform who shall, within three months of the dispute being referred to him or her, issue a determination in accordance with article 5.1 of the Pensions Ombudsman Regulations. 20. TERMINATION OR AMENDMENT OF SCHEME The Board reserves the right to amend or terminate the Scheme at any time, subject to the approval of the Minister and the consent of the Minister for Public Expenditure and Reform and subject to giving three months’ notice of impending changes to members of the Scheme. Benefits secured for a member or former member prior to the date of amendment or termination will not be affected. GIVEN under the Seal of the Private Residential Tenancies Board, 17 November 2011. ORLA COYNE, Chairperson. The Minister for the Environment, Community and Local Government hereby approves of the above Scheme. 24 November 2011. PHIL HOGAN, Minister for Environment, Community and Local Government. The Minister for Public Expenditure and Reform hereby consents to the giving of the above approval. 29 November 2011. BRENDAN HOWLIN, Minister for Public Expenditure and Reform. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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