Children Acts Advisory Board Spouses' and Children'S Contributory Pension Scheme, 2011

JurisdictionIreland
CitationIR SI 4/2011
Year2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th January, 2011.

The Children Acts Advisory Board in accordance with the Children Act 2001 (Number 24 of 2001), (as amended by the Child Care (Amendment) Act 2007 , (Number 26 of 2007)), in accordance with section 239 of that Act, with the approval of the Minister and with the consent of the Minister for Finance, hereby makes the following Scheme.

1. Citation

This Scheme may be cited as the Children Acts Advisory Board Spouses and Children’s Contributory Pension Scheme, 2011.

2. Commencement

The Scheme will commence with effect from 7 November 2003, which shall be known as the date of commencement.

3. Definitions

3. 1 “adoption order” means an adoption order made under the Adoption Acts, 1952 to 2010;

3. 2 “Allowances” means such allowances in the nature of pay lawfully determined or lawfully approved by the Children Acts Advisory Board, which are designated as pensionable by the Children Acts Advisory Board, but excluding any sums paid in respect of overtime, commission, gratuity, special fees, travelling allowance, subsistence allowance and the like, the money equivalent of any emolument or benefit in kind (including motor car or other vehicle) or any payment toward or in respect of such emoluments;

3. 3 “child”, subject to paragraph 7.1, means a child or step-child or lawfully adopted child of the deceased, who is—

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

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

(c) a person under twenty-two years of age who 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 Children Acts Advisory Board for the purposes of this subparagraph, or

(d) a person who is permanently incapacitated by reason of 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 of the foregoing clauses of this subparagraph;

3.4 “Children Acts Advisory Board” means the organisation in question;

3.5 “Contributing Member” means a serving member of the Main Scheme;

3.6 “Contributory Survivor’s Pension” means contributory survivor’s pension payable under the Social Welfare Acts;

3.7 “death gratuity” except in the expression “preserved death gratuity” means a gratuity payable in accordance with paragraph 8.2 (f) (i) of the Main Scheme;

3.8 “deceased’s pension” means:-

(a) in case, otherwise than on retirement on medical grounds, he or she is awarded a pension,

(i) in relation to a member who is not fully insured, the amount of such pension, and

(ii) in relation to a member who is fully insured, 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) instead of net pensionable remuneration (Main Scheme) at the date of retirement as increased by reference to pension increases granted under paragraph 11 of the Main Scheme during the period between retirement and death;

(b) in case, on retirement on medical grounds, he or she is awarded a pension, the pension which would have been granted to him or her if it fell to be calculated by reference to—

(i) in relation to a member who is not fully insured,

(I) his or her pensionable remuneration at the date of retirement as increased by reference to pension increases granted under paragraph 11 of the Main Scheme during the period between retirement and death, and

(II) the pensionable service which he or she would have had if he or she had served to the age of sixty-five years, and

(ii) in relation to a member who is fully insured,

(I) his or her net pensionable remuneration (Spouses’ and Children’s Scheme) at the date of retirement as increased by reference to pension increases granted under paragraph 11 of the Main Scheme during the period between retirement and death, and

(II) the pensionable service which he or she would have had if he or she had served to the age of sixty-five years;

(c) in case a preserved pension was in payment to the deceased,

(i) in relation to a member who is not fully insured, the amount of such pension, and

(ii) in relation to a member who is fully insured, 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 of net pensionable remuneration (Main Scheme) at the date of resignation as increased by reference to pension increases granted under paragraph 11 of the Main Scheme during the period between resignation and death;

(d) in case, having resigned with entitlement to a preserved pension, the deceased dies before the age at which the preserved pension became payable or before making application for the preserved pension, an amount equal to—

D x E

80

where D is the number of years of pensionable service at the date of resignation, subject to a maximum of 40 years, and E is

(i) in relation to a member who is not fully insured, his or her pensionable remuneration at the date of resignation as increased by reference to pension increases granted under paragraph 11 of the Main Scheme during the period between resignation and death, and

(ii) in relation to a member who is fully insured, his or her net pensionable remuneration (Spouses’ and Children’s Scheme) at the date of resignation as increased by reference to pension increases granted under paragraph 11 of the Main Scheme during the period between resignation and death;

(e) in case the deceased elected to be paid benefits under 8.3 (g) or 8.4 (g) as appropriate, of the Main Scheme, the amount of the preserved pension which would have been awarded to the deceased on attaining normal pension age if he had not so elected;

(f) in case he or she dies while serving as a member of the Main Scheme, the pension for which he or she would be eligible if clause (b) of this subparagraph applied to him or her;

3.9 “former member” means a person who was awarded a pension and retirement gratuity or preserved pension and lump sum;

3.10 “fully insured” means insured for State Pension (Contributory) under the Social Welfare Acts;

3.11 “lawfully adopted child” means a child adopted by a member (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. Where a married member applies 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 spouse, the child shall, from the date on which the member has custody of him or her, be deemed, for the purposes of this Scheme, to be the member’s lawfully adopted child;

3.12 “Main Scheme” means the Children Acts Advisory Board Employee Superannuation Scheme, 2011;

3.13 “member” means a person who, pursuant to paragraph 4, is a member of this Scheme;

3.14 “Minister” means the Minister for Health and Children;

3.15 “net pensionable remuneration (Spouses’ and Children’s Scheme)” means the amount by which pensionable remuneration exceeds once the rate of “State Pension (Contributory)” payable on the last day of pensionable service to a person who has no adult dependant or qualified children;

3.16 “Net pensionable remuneration” means the amount by which pensionable remuneration exceeds twice the annual maximum personal rate of “State Pension (Contributory)” payable on the last day of pensionable service to a person who has no adult dependant or qualified children;

3.17 “Pensionable allowances” means the average of any allowances paid to the member calculated in accordance with the provisions of paragraph 5.6 of the Main Scheme;

3.18 “Pensionable remuneration” means the aggregate of retiring salary and pensionable allowances provided that, in the case of a member who is work-sharing at retirement, pensionable remuneration shall be deemed to be the pensionable remuneration applicable in his or her case if he or she were not work-sharing;

3.19 “pensionable service” means service reckonable under paragraph 6.1 of the Main Scheme;

3.20 “Remuneration” means the aggregate of salary and allowances (multiplied by 52.18 in the case of weekly allowances);

3.21 “retirement gratuity”, means a gratuity awarded under the provisions of paragraph 8.2(c) or 8.2(d) of the Main Scheme;

3.22 “retirement on medical grounds” means retirement in accordance with the provisions of paragraph 9.1 of the Main Scheme on completion of five or more year’s actual pensionable service;

3.23 “Retiring salary” means the salary of the member at the date of retirement or death where—

(a) a member has had the same scale of salary and has been in the same grade for the last three years of his or her pensionable service, or

(b) a member who is under 62 years of age dies in service, or

(c) a member retires or is retired on medical grounds before 60 years of age with sufficient potential service to age 60 to avoid averaging.

In any other case retiring salary shall be taken as the total calculated by multiplying by 1/1095 the annual rate of salary appropriate on the last day of pensionable service for each grade in which the member served during the last three years of pensionable service, and multiplying the result by the number of days of his or her employment in each grade during those years, subject to the retiring salary so taken not exceeding the annual basic rate of salary payable at the time of retirement or death;

3.24 “Salary” means the annual basic rate (or the weekly basic rate...

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