S.I. No. 132/1977:

CIVIL SERVICE WIDOWS' AND CHILDREN'S CONTRIBUTORY PENSION SCHEME, 1977.

CIVIL SERVICE WIDOWS' AND CHILDREN'S CONTRIBUTORY PENSION SCHEME, 1977.

I, RICHIE RYAN, Minister for the Public Service, in exercise of the powers conferred on me by section 2 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976), hereby make the following scheme :

1. This Scheme may be cited as the Civil Service Widows' and Children's Contributory Pension Scheme, 1977.

2. This Scheme shall be deemed to have come into force on the 23rd day of July, 1968.

3. (1) In this Scheme--

"adoption order" means an adoption order made under the Adoption Act, 1952 (No. 25 of 1952);

"child", subject to paragraph (2) (b) of this Article, means a legitimate or lawfully adopted person who is,

(a) a person under sixteen years of age, or

(b) a person under the age of twenty-one years of age and is receiving full-time instruction at any university, college, school or other educational establishment, or

(c) a person under the age of twenty-one years of age and is undergoing full-time instruction or training by any person (in this Scheme referred to as "the employer") for any vocation, profession or trade, being instruction or training approved of by the Minister for the purposes of this Scheme, or

(d) a person who is permanently incapacitated by reason of mental or physical infirmity from maintaining himself and who when his permanent incapacity first occurred was a person described in any of the foregoing paragraphs of this definition, provided that in case the person reaches the age of twenty-one years prior to the 1st day of June, 1973, this definition shall not apply to him during the period beginning on the day on which he reaches that age and ending on the 31st day of May, 1973;

"children's pension" has the meaning assigned to it by Article 5;

"contributing member" means a member who is serving as an established civil servant;

"death gratuity", except in the expression "preserved death gratuity", means a gratuity under section 2 of the Superannuation Act, 1909;

"the deceased" has the meaning assigned to it by Article 5;

"the deceased's pension" means,

(a) in case prior to the 1st day of June, 1973, he is awarded a pension or qualifies for a pension under section 4 of the Superannuation Act, 1914, the amount of such pension,

(b) in case prior to the 1st day of June, 1973, having given at least five and not more that ten years' reckonable service, he retires on a medical certificate, an amount equivalent to one-eightieth of his pensionable remuneration for each completed year of reckonable service,

(c) in case prior to the 1st day of June, 1973, he dies while serving as an established civil servant having given at least five years' reckonable service, the pension which would have been granted to him if, on the date of death, he retired on a medical certificate and then had the reckonable service which he would have had if he had served to retiring age,

(d) in case prior to the 1st day of June, 1973, he retires on a medical certificate and either is a person mentioned in paragraph (b) of this definition or was awarded a pension, with effect from the said 1st day of June, the pension which would be granted to him if he then had the reckonable service which he would have had if he had served to retiring age,

(e) in case on or after the 1st day of June, 1973, otherwise than on retirement on a medical certificate, he is awarded a pension, a preserved pension or a pension under section 4 of the Superannuation Act, 1914, the amount of such pension,

(f) in case on or after the 1st day of June, 1973, on retirement on a medical certificate he is awarded a pension, the pension which would be granted to him if he then had the reckonable service which he would have had if he had served to retiring age,

(g) in case on or after the 1st day of June, 1973, he dies while serving as an established civil servant, the pension for which he would be eligible if paragraph (f) of this definition applied to him;

"employer" has the meaning assigned to it by this Article;

"former member" means a person who, being then married, retired from the civil service and was awarded a pension and lump sum or preserved pension and lump sum or, if he so retired on a medical certificate before the first day of June, 1973, had a least five years' reckonable service and was awarded a gratuity;

"lump sum", except in the expression "preserved lump sum", means an additional allowance under the Superannuation Acts, or any of those Acts, and includes an allowance, other than an annual allowance, under section 6 of the Superannuation Act, 1909;

"medical certificate" means, in relation to the retirement of any person, a medical certificate having regard to which the Minister is satisfied that the person to whom the certificate relates is incapable from infirmity of mind or body of discharging the duties of his situation in the Civil Service and that that infirmity is likely to be permanent;

"member" means a person who, pursuant to Article 4, is a member of this Scheme;

"the Minister", subject to paragraph (5) of this Article, means the Minister for the Public Service;

"pension", except in the expression "preserved pension", means an annual allowance granted under the Superannuation Acts, or any of those Acts, other than an annual allowance under the Superannuation Act, 1887 (Section 1) Warrant, 1946 (S.R., and O. No. 236 of 1946), and includes an allowance under section 2 of the Superannuation Act, 1887, and an annual allowance under section 6 of the Superannuation Act, 1909;

"pension rate of pay" means a rate of salary or wages payable to a person which is equal to the rate of pension payable if he had retired on a medical certificate;

"pensionable emoluments" means the annual amount of any emoluments (in addition to pensionable pay) reckonable in calculating a member's pension, lump sum, death gratuity or short service gratuity;

"pensionable pay" means the annual amount which, together with any pensionable emoluments, is reckonable in calculating a member's pension, lump sum, death gratuity or short service gratuity;

"pensionable remuneration" means the aggregate of pensionable emoluments and pensionable pay;

"periodic contributions" has the meaning assigned to it by Article 9 (2);

"preserved death gratuity" means a gratuity payable on death by virtue of regulations made by the Minister under section 3 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976);

"preserved lump sum" and "preserved pension" mean respectively a lump sum and a pension payable by virtue of regulations made by the Minister under section 3 of the Superannuation and Pensions Act, 1976 ;

"reckonable service", subject to paragraph (3) of this Article, means service as computed in accordance with the enactments relating to the computation of service for the purpose of determining the amount of a pension or lump sum;

"retiring age" means sixty years of age in the case of members pensionable by virtue of the Superannuation (Prison Officers) Act, 1919, and sixty-five years of age in the case of other members;

"short service gratuity" means a gratuity under section 6 of the Superannuation Act, 1859;

"the Superannuation Acts" means the Superannuation Acts, 1834 to 1963;

'"widow's pension" has the meaning assigned to it by Article 5.

(2) (a) Where, in relation to a person referred to in paragraph (b) or (c) of the definition of "child" in paragraph (1) of this Article, a break occurs in his full-time instruction or training, then, unless the Minister otherwise directs, he shall, for the duration of such break, be regarded as having ceased to be a child for the purposes of this Scheme.

(b) The following shall not be regarded as a child within the meaning of this Scheme, namely:

(i) a person who was not wholly or mainly dependent on a member immediately prior to the member's death,

(ii) a person who is married or is cohabiting with another as man and wife, or

(iii) a person referred to in paragraph (c) of the said definition of "child" to, or in respect of whom, emoluments in respect of such instruction or training are payable by, or on behalf of, the employer and which are of such an amount as makes the person self-supporting, provided that if there are compassionate grounds for so doing, the Minister may as regards a person who apart from this sub-paragraph would be such a child direct that notwithstanding this sub-paragraph the person shall, with effect from such date as is specified in the direction, be regarded as being such a child and in case the Minister makes a direction under this sub-paragraph then for so long as the direction is in force this Scheme shall, as regards the person to whom the direction relates, be construed and have effect in accordance with the direction.

(3) In case a member is an officer referred to in section 1 (1) of the Superannuation (Prison Officers) Act, 1919, then for the purposes of this Scheme every year of reckonable service subsequent to the twentieth shall be regarded as being two years' reckonable service.

(4) (a) Any reference in this Scheme to an adopted child of a member shall be construed as a reference to a child adopted by him (whether alone or jointly with any other person) either in pursuance of an adoption order or in accordance with the law of a country or territory other than the State and recognised by the law of the State as valid, and references to lawfully adopted or to a person by whom another person has been adopted shall be construed accordingly.

(b) Where a married member applies, before the termination of his contributing membership, for an adoption order in respect of a child and dies before the adoption procedure is completed and the child is subsequently adopted by the member's widow, the child shall, from the date on which the member has custody of him, be deemed, for the purposes of this Scheme, to be the member's duly adopted child.

(5) In relation to the period commencing on the 23rd day of July, 1968, and ending on the 31st day of October, 1973, references in this Scheme to the Minister shall be construed as references to the Minister for Finance.

4. (1) Any male civil servant, other than one to whom section 28 (2) of the Finance (Miscellaneous Provisions) Act, 1968 (No. 7 of 1968), applies, who,

(a) becomes an established civil servant on or after the 1st day of January, 1969, or

(b) being an established civil servant during the whole or any part of the period beginning on the 23rd day of July, 1968, and ending on the 31st day of December, 1968, during the said period either elects to join this Scheme or does not exercise an option, or

(c) during the period mentioned in subparagraph (b) of this paragraph exercises an option and who, notwithstanding the exercise by him of the option, during the period beginning on the 1st day of January, 1969, and ending on the 31st day of December, 1971, elects to join this Scheme, or

(d) during the period mentioned in subparagraph (b) of this paragraph exercises an option and who subsequently during the period beginning on the said 23rd day of July and ending on the 31st day of December, 1971, either dies or retires from the Civil Service or otherwise ceases to be a person to whom this Scheme applies, and,

(i) who, notwithstanding the exercise by him of the option, during the period last-mentioned in this paragraph elects to join this Scheme, or

(ii) in respect of or in relation to whom, notwithstanding such exercise by him, an election to join this Scheme is made during the said last-mentioned period,

is a member of this Scheme.

(2) In this Article "option" means an option whereby the person by whom it is exercised elects not to join this Scheme.

5. Subject to the provisions of this Scheme, the Minister shall, on the death of a contributing or former member or a person who had a wife who died while he was a contributing member (in this Scheme referred to as "the deceased") to or in respect of whom a pension, death gratuity, preserved pension or preserved death gratuity, or if he retired on a medical certificate before the 1st day of June, 1973, having given at least five and not more than ten years' reckonable service, a gratuity, has been, or is, awarded, grant, in respect of his service--

(a) where he leaves a widow, a pension to that widow (hereafter in this Scheme referred to as a "widow's pension"), and

(b) where he had a wife at any time after this Scheme first applied to him (whether or not the marriage continued until his death and whether or not a widow's pension is, or can be, granted), a pension for the children of the marriage, and, in the circumstances specified in this Scheme, for other children of his (in this Scheme referred to as a "children's pension"); provided that any marriage of the deceased which takes place after he has ceased to be a contributing member shall not be taken into account for the purposes of this Scheme, and accordingly any reference to a marriage, a wife, the widow or the children of the deceased shall be construed in accordance with the foregoing.

6. (1) A widow's pension shall not be granted or paid under this Scheme--

(a) if the widow was at the time of the death of the member cohabiting with a man other than the deceased as man and wife, or

(b) in respect of any time after the said death when the widow is remarried or is so cohabiting with any man.

(2) Notwithstanding paragraph (1) of this Article, where,

(a) a pension under this Scheme is not granted or ceases under the said paragraph (1), and

(b) at a subsequent date to the date of the marriage or cohabitation by reason of which the pension was withheld or ceased the Minister is satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension, he may, if he thinks fit, grant or regrant, as may be appropriate, the pension as from,

(i) in case the marriage or cohabitation has come to an end, the date on which the marriage or cohabitation ended,

(ii) in any other case, a date not earlier than the date on which the relevant application is received by the Minister.

(3) Subject to paragraph (1) of this Article, a widow's pension may be paid for the whole of the period beginning on the death of the deceased and ending with the death of the widow.

(4) The rate of a widow's pension shall be one-half of the rate of the deceased's pension.

(5) Notwithstanding paragraph (4) of this Article, where on the death on or after the 1st day of June, 1973, of a contributing or former member, other than a former member who qualifies for a preserved pension or a pension under section 4 of the Superannuation Act, 1914, a widow's pension becomes payable to his widow, the rate of that pension may, in respect of the first month after his death, be increased to,

(a) in case he dies while a contributing member, one-twelfth of the rate of his pensionable remuneration,

(b) in case he dies after being granted a pension and the rate of pension payable to him on the date of his death is greater than the rate of widow's pension otherwise payable under this Scheme, one-twelfth of the said rate of pension,

(c) in case he dies while on sick leave at pension rate of pay and that rate is greater than the rate of widow's pension otherwise payable under this Scheme, one-twelfth of the said pension rate of pay,

provided that the rate as so increased shall be reduced by the rate of any children's pensions payable under this Scheme.

7. (1) A pension may not be granted under this Scheme for a child,

(a) if the deceased remained unmarried during the period commencing on the 23rd day of July, 1968, or, if later, the date on which this Scheme first applied to him, and ending on the date on which he ceased to be a contributing member, or

(b) if the child was conceived after the deceased ceased to be a contributing member, or

(c) because he is the adopted child of the deceased, if,

(i) the deceased was unmarried throughout the time this Scheme applied to him, or

(ii) he was adopted by the deceased after,

(A) the date of termination of the deceased's last marriage, or

(B) the date on which the deceased ceased to be a contributing member,

whichever was the earlier.

(2) A pension may not be granted under this Scheme for a child who is,

(a) the step-child of the deceased, or

(b) the step-child, adopted child or child of a wife of the deceased and who is not the child or adopted child of the deceased.

8. (1) A children's pension under this Scheme will be paid to the relevant member's widow if the eligible children are in her care, and in case any child in respect of whom the pension is payable is not in such care, the pension will be paid either to the child or to such other person as the Minister may determine. If children are in the care of more than one person different parts of the children's pension will be paid to those persons in such proportions as the Minister may determine. In all cases, the pension is to be applied for the benefit of the children for whom it is granted.

(2) A children's pension may only be paid in relation to a period subsequent to the death of the deceased.

(3) During the period beginning on the commencement of this Scheme and ending on the 31st day of May, 1973, the rate of children's pension under this Scheme shall be,

(a) where the deceased leaves no widow or, if he leaves a widow and the widow dies, after her death, two-twelfths of the deceased's pension for the first child plus one-twelfth for each additional child up to a fourth additional child,

(b) subject to paragraph (5) of this Article where the deceased leaves a widow, one-twelfth of the deceased's pension for the first child, plus one-twelfth for each additional child up to a fifth additional child.

(4) On and from the 1st day of June, 1973, the rate of children's pension under this Scheme shall be,

(a) where the deceased leaves no widow or, if he leaves a widow and the widow dies, after her death, four-twelfths of the deceased's pension for the first child plus two-twelfths for a second child,

(b) subject to paragraph (5) of this Article, where the deceased leaves a widow, two-twelfths of the deceased's pension for the first child plus two-twelfths for each additional child up to a second additional child.

(5) (a) Where the children of the deceased are at the time of, or at any time after, his death in the care of some person other than his widow, the Minister may, if he thinks fit, direct that for so long as they are in such care paragraphs (3) (a) or (4) (a) of this Article or both of those paragraphs shall apply notwithstanding that the widow is still alive, and in case the Minister so directs this Article shall be construed and shall have effect in accordance with the direction.

(b) Where some but not all of the children of the deceased are at the time of, or at any time after, his death in the care of a person other than his widow, the rate of that portion of the children's pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rates specified in paragraphs (3) (a) and (4) (a) of this Article, or either of those paragraphs, as appropriate; provided that the amount of children's pension payable in respect of a deceased shall not exceed one-half of the rate of the deceased's pension.

(6) Notwithstanding the foregoing provisions of this Article, where the deceased leaves a widow and no widow's pension is granted to her under this Scheme or, if one is so granted to her and it ceases to be paid before her death, no children's pension shall be payable under this Scheme as respects any period comprised within the life-time of the widow or within the time in respect of which no widow's pension is payable, as may be appropriate, unless the Minister in his absolute discretion directs that such a pension shall be so payable, and in case the Minister gives a direction under this paragraph he may, if he thinks fit, further direct that paragraph (5) of this Article shall apply as respects any such period.

9. (1) Contributions shall be payable by a member as follows:

(a) the rate of the contribution shall be one and one half per cent. of the amount of the pay from time to time payable to him (or where he is in receipt of reduced pay because of absence from employment, of the amount of the pay that would be payable to him if he were not so absent), exclusive of any emoluments, allowances and payments for overtime.

(b) the contribution shall be paid in respect of his pay during the period commencing on the 1st day of January, 1969, or the date on which he becomes a member, whichever is the later, and ending when he ceases to be a contributing member, and at such times and in such manner as the Minister may determine.

(2) Contributions payable under this Article are in this Scheme referred to as "periodic contributions".

(3) No contributions shall be payable under this Scheme by a member for any period which does not constitute reckonable service.

10. (1) If a member,

(a) ceases to be a contributing member and was unmarried at all times during his membership of this Scheme,

or

(b) on ceasing to be a contributing member other than on death being then married and either--

(i) is not eligible for the grant of a pension and lump sum,

or

(ii) having retired on a medical certificate before the 1st day of June, 1973, and having given at least five and not more than ten years' reckonable service is not eligible for a gratuity,

or

(c) prior to the 1st day of June, 1973, ceases to be a contributing member due to death and on so ceasing was married and had less than five years' reckonable service,

then if his reckonable service for superannuation purposes cannot be transferred to another organisation or service, or if he is not eligible for a preserved pension and preserved lump sum, the whole of his periodic contributions shall be returned to him or to his legal personal representative.

(2) In any case other than a case mentioned in subparagraph (a), (b), or (c) of paragraph (1) of this Article, a member on ceasing to be a contributing member may have returned to him, or if his membership ceases due to death, to his legal personal representative, such of those contributions, if any, beginning with his initial contribution and working forward, or, in the case of a member covered by subparagraph (c) of this paragraph, his final contribution and working back, as is necessary to secure that the period in respect of which such contributions are paid by him without being returned

(a) does not exceed forty years, and

(b) is, if he ceased to be, before the 1st day of June, 1973, a contributing member, an exact number of years, and

(c) if he is unmarried when he ceased to be a contributing member, does not exceed a period equal to the length of service on the date of his wife's death.

(3) Where a married member retires on a medical certificate and his wife subsequently dies before he attains the retiring age for his former employment, contributions paid in respect of the period subsequent to the date of her death will be returned to him.

(4) Where any contributions are returned under this Article they shall be returned without interest.

11. (1) Where a member was married throughout the period, or for a portion of the period, during which this Scheme applied to him and he either,

(a) ceases to be a contributing member before the 1st day of June, 1973, and such cesser is due to,

(i) death or retirement on a medical certificate after at least five years' reckonable service, or

(ii) retirement on pension, or

(iii) transfer to approved employment in accordance with section 4 of the Superannuation Act, 1914, after at least ten years' reckonable service,

or

(b) ceases to be such a member on or after the said 1st day of June and such cesser is due to,

(i) death, or

(ii) retirement on pension or resignation with entitlement to a preserved pension, or

(iii) transfer to approved employment in accordance with the said section 4 after at least five years' reckonable service,

then, unless the number of relevant years is nil, a contribution under this Article will be payable by way of reduction in the amount of a member's lump sum or death gratuity or preserved lump sum or preserved death gratuity, or in such other manner as the Minister may require.

(2) A contribution under this Article shall be equal to--

(a) one per cent. of the annual amount of the member's pensionable pay multiplied by the number of relevant years, together with,

(b) one per cent. of the annual amount of any pensionable emoluments multiplied by the number of relevant years as defined in this Article subject to the following modification, namely, the reduction referred to in paragraph (8) of this Article shall not apply.

(3) Where the contribution is being deducted from a preserved lump sum or preserved death gratuity, the contribution will be calculated by reference to the pensionable pay and pensionable emoluments, as increased under the Pensions Increase Act, 1964 (No. 10 of 1964), if appropriate, on which the preserved lump sum or preserved death gratuity was based.

(4) Where, subsequent to the date on which a member ceases to be a contributing member, the pension payable to him or to his widow (but not the lump sum or death gratuity) falls to be increased otherwise than in accordance with the Pensions (Increase) Act, 1964 , and regulations thereunder, the Minister may adjust the amount of the contribution under this Article to take account of the increase.

(5) At the discretion of the Minister and subject to conditions specified by him, a member may elect to pay, over a period of twelve months beginning on a date specified by the Minister, being a date not earlier than the date of the election, additional contributions equal in each case to the amount of the periodic contributions payable in respect of that period and in case one or more such additional contributions are made, this Article shall apply to the person by whom the contribution or contributions is or are made subject to the following modification, namely, in calculating what is the number of relevant years that number shall be reduced by one for every contribution made by the person under this paragraph.

(6) Service after forty years of reckonable service shall be left out of account for the purpose of this Article.

(7) Any reduction effected under this Article in the amount of any lump sum shall be left out of account for the purposes of section 2 (2) of the Superannuation Act, 1909 (which provides for a supplemental death gratuity in case persons die shortly after becoming eligible for a pension), and, accordingly, the question whether any and, if so, what gratuity may be granted under that section shall be determined as if no such reduction as aforesaid had been or had to be made.

(8) In this Article "the number of relevant years" means--

(a) in relation to a member who, being then married, ceases to be a contributing member before the 1st day of June, 1973,

(i) if such cesser was caused otherwise than by death, the number of completed years of reckonable service which he then had,

(ii) if, after five or more completed years of reckonable service, such cesser was due to death, the number of completed years of reckonable service which he would have had if he had served to retiring age,

reduced in each case by the number of completed years, if any, for which periodic contributions have been paid by him and are not returnable,

(b) in relation to a member who, being then unmarried, ceases to be a contributing member before the 1st day of June, 1973, the number of completed years of reckonable service which he had on the date of termination of his last marriage before such cesser, reduced by the number of completed years, if any, for which periodic contributions have been paid by him and are not returnable,

(c) in the case of a member who, being then married, ceases to be a contributing member on or after the 1st day of June, 1973,

(i) if such cesser is caused otherwise than by death or retirement other than on a medical certificate, the number of years (any fraction of a year being taken into account on a pro-rata basis) of reckonable service which he then had,

(ii) if such cesser is due to death or to retirement on a medical certificate, the number of years (any fraction of a year being taken into account on a pro-rata basis) of reckonable service which he would have had if he had served to retiring age,

reduced in each case by the number of years (any fraction of a year being taken into account on a pro-rata basis), if any, for which periodic contributions have been paid by him and are not returnable,

(d) in the case of a member who, being then unmarried, ceases to be a contributing member on or after the 1st day of June, 1973, the number of years (any fraction of a year being taken into account on a pro-rata basis) of reckonable service which he had on the date of termination of his last marriage before such cesser, reduced by the number of years (any fraction of a year being taken into account on a pro-rata basis), if any, for which periodic contributions have been paid by him and are not returnable.

12. The fact that the Superannuation Act, 1956 , (which enables the partial allocation of pensions to wives and dependants) applies to a member shall not affect his rights under this Scheme and the pensions payable under this Scheme in respect of the service of a member shall be calculated as if any surrender under that Act of a part of a pension had not been made.

13. Where a member marries and--

(a) he dies within the year beginning on the date of the marriage, and

(b) there are no children born of the marriage, and

(c) the Minister is of the opinion that his death within the year beginning with the date of the marriage was, at that date, to be foreseen by him or his wife,

for the purposes of this Scheme the marriage may be regarded by the Minister as not having taken place, and in case the marriage is so regarded all necessary adjustments (including, if need be, repayment to the Minister of sums paid in respect of pensions already granted under this Scheme and refunds of contributions made under this Scheme) shall be made accordingly.

14. (1) A member of this Scheme shall give to the Minister such information as is necessary for the proper operation of this Scheme in relation to the member.

(2) The widow of a deceased member shall give to the Minister such information as is necessary for the proper operation of this Scheme in relation to her or any children of that member.

(3) A person having the care of a child of a deceased member shall give to the Minister such information as is necessary for the proper operation of this Scheme in relation to that child.

15. If at any time a person receives payments on foot of a pension and such person is not entitled under this Scheme to such payments, or if a person receives payments on foot of a pension which exceed those which are appropriate under this Scheme, such person or, in case such a person is dead, the personal representative of such person, shall pay to the Minister on demand such payments or excess payments, as may be appropriate, and such payments or excess payments shall in default of payment be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.

16. Every assignment of or charge on, and every agreement to assign or charge, a pension shall be void and on the bankruptcy of any person entitled to a pension the pension shall not pass to any trustee or other person acting on behalf of the creditors.

GIVEN under my Official Seal this 9th day of May, 1977.

RICHIE RYAN,

Minister for the Public Service.

EXPLANATORY NOTE.

This Scheme provides pensions for the widows and children of certain civil servants serving in an established capacity on or after 23rd July, 1968.