Health Service Executive Employee Superannuation Scheme, 2010.

Published date23 July 2010
Statutory Instrument No.362/2010

Index—

Paragraph

1 Short Title

2 Commencement

3 Definitions

4 Membership

5 Staff transferred under Statute

6 Pensionable Remuneration

7 Pensionable Service

8 Optional Retention of Preserved Benefits

9 Benefits

10 Retirement on Medical Grounds

11 Payment of Pension or Preserved Pension

12 Gratuity or Allowance in Case of Injury

13 Pensions Increases

14 Contributions

15 Employment Subsequent to Retirement or Resignation

16 Cesser or Reduction of Benefit

17 Conditions Governing Awards

18 Assignments

19 Duplication of Benefit not to be allowed

20 Contributions to Certain Organisation

21 Appeals

22 Termination or Amendment of Scheme.

S.I. No. 362 of 2010

HEALTH SERVICE EXECUTIVE EMPLOYEE SUPERANNUATION SCHEME 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd July, 2010.

The Health Service Executive, in exercise of the power conferred by section 23 of the Health Act 2004 (No. 42 of 2004), with the approval of the Minister for Health and Children given with the consent of the Minister for Finance, hereby makes the following Scheme.

1. SHORT TITLE

This Scheme may be cited as the Health Service Executive Employee Superannuation Scheme, 2010.

2. COMMENCEMENT

The Scheme shall be deemed to have commenced with effect from the 1st day of January 2005, which shall be known as the date of commencement.

3. DEFINITIONS

In this Scheme save where the context otherwise requires:

3.1 “Act” means the Public Service Superannuation (Miscellaneous Provisions) Act 2004 , (No 7 of 2004);

3.2 “actual or potential beneficiary” has the meaning assigned to it by section 126(1) of the Pensions Act 1990 ;

3.3 “actual pensionable service” means service as defined in subparagraph 7.1 of this Scheme under clauses (a), (b), (g), (j), (k), (l) and (m) of that subparagraph;

3.4 “Establishment day” means 1 January 2005 as provided for in SI No. 885 of 2004 ;

3.5 “the Executive” means the Health Service Executive established in accordance with section 6 of the Health Act 2004 ;

3.6 “fully insured member” means a member of this Scheme who is or was before attaining the age of 66 years, insured for State Pension (Contributory) under the Social Welfare Acts;

3.7 “Health sector pension scheme” means a public service pension scheme which requires the approval or consent, however expressed, of the Minister for Health and Children.

3.8 “ill-health vesting period” means a period of at least five years whole time actual pensionable service;

3.9 “Knock-for-Knock Agreement under the Local Government Superannuation Code” means an agreement under articles 279(9) and 280 of the Local Government (Superannuation) (Consolidation) Scheme, 1998;

3.10 “Local Authority” has the meaning assigned to it in the Local Government (Superannuation) (Consolidation) Scheme, 1998 and in addition includes any body to which schemes and regulations under the Local Government (Superannuation) Act 1980 (No. 8 of 1980) apply

3.11 “Local Government Superannuation Code” means any scheme or regulation made under the Local Government (Superannuation) Act 1980 (No. 8 of 1980) other than the Local Government (Superannuation) (Gratuities) Regulations, 1984 (as amended) or the provisions of Part V of the Local Government (Superannuation) (Consolidation) Scheme, 1998;

3.12 “member” means a pensionable employee to whom this Scheme applies;

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

3.14 “new entrant” shall be construed in accordance with section 2 of the Act;

3.15 “part-time employee” means an employee who works less than the standard hours of a comparable employee in a whole-time post;

3.16 “the Pensions Board” means the Board established pursuant to section 9 of the Pensions Act 1990 ;

3.17 “the Pensions Ombudsman” means the office of Pensions Ombudsman established by section 127 of the Pensions Act 1990 ;

3.18 “Pensions Ombudsman Regulations” means the Pensions Ombudsman Regulations 2003 to 2007 including any enactment which amends or extends any or all of those Regulations;

3.19 “personal rate” in relation to any Social Welfare benefit, means the rate of such benefit which is payable under the Social Welfare Acts to a single person excluding any increase that is payable on age grounds, or by virtue of the recipient living alone, or in respect of a qualified adult or child dependant, and “maximum personal rate” shall be construed accordingly;

3.20 “public service pension scheme” has the meaning assigned thereto in subsection 1(1) of the Act;

3.21 “reduced rate” in relation to any Social Welfare benefit, means the personal rate of such benefit if that rate is less than the maximum personal rate of State Pension (Contributory);

3.22 “Social Welfare Acts” means the Social Welfare Acts 1981 to 2009 including any enactment which amends or extends any or all of those Acts and any regulation, warrant or order made thereunder.

3.23 “Social Welfare Benefit” means State Pension (Contributory), State Pension (Transition), Invalidity Pension, Illness Benefit or Jobseeker’s Benefit payable under the Social Welfare Acts;

3.24 “State Pension (Contributory)” means the State Pension (Contributory) payable under the Social Welfare Acts;

3.25 “transfer value payment” means a payment calculated in accordance with such tables as are approved and in such manner as is determined by the Minister for Finance under this scheme, or the Minister for the Environment, Heritage and Local Government under the Local Government Superannuation Code;

3.26 “vesting period” means a period of at least two years actual pensionable service except that for any period during which a member was or is a part-time employee the service shall be reckonable in the same way as if they had worked whole-time;

3.27 “work-sharer” means a whole-time employee who, under an arrangement which has been approved by the Minister, works less than the standard hours of the whole-time post;

3.28 “years” means a figure determined by the formula A + B/365 where A is the number of completed years in the period in question and B is any number of days additional to a completed year or a number of completed years in that period, and “year” shall be construed accordingly.

4. MEMBERSHIP

4.1 For the purposes of this Scheme

(a) “pensionable employee” means

(i) a person who was transferred to the Executive, pursuant to section 60 of the Health Act 2004 (No 42 of 2004) and who has served continuously since establishment day, or, transferred under a subsequent Health Act

(ii) a person appointed before establishment day, to whom section 66 of the Child Care Act 1991 (No 17 of 1991) applies and who has served continuously since establishment day

(iii) a person appointed on or after establishment day from such day, if any, as Section 66 of the Child Care Act 1991 applies to that person

(iv) a person, other than a person in (i), (ii) or (iii), including the Chief Executive Officer who is employed by the Executive in a pensionable post.

(b) “pensionable post” means a post with the Executive which is declared in the Conditions of Service attaching to it to be a pensionable post

4.2 Membership of this Scheme shall not apply to persons

(a) who are in membership of a retirement benefit scheme of any body associated with the Executive, for the same period.

(b) in the case of an employee who is not a new entrant, whose actual pensionable service on attaining age 65 would be less than the vesting period, or

(c) who are under 16 years of age.

4.3 Membership shall be compulsory for all pensionable employees, other than those referred to in subparagraph 4.2.

4.4 The Executive shall decide upon the eligibility for membership of the Scheme. The Executive shall notify an employee of his or her admission to membership of the Scheme and shall furnish him or her with a copy of the terms of the Scheme.

4.5 A member who is not a new entrant may not continue in membership after he or she has attained the age of 65.

4.6 Membership of this Scheme shall not include persons transferred to the Executive pursuant to section 60 of the Health Act 2004 (No. 42 of 2004), who in accordance with the provisions of Department of Health and Children Circular 23/2005, opted out of membership of another health sector pension scheme provided they have been in continuous employment since establishment day.

5. STAFF TRANSFERRED UNDER STATUTE

In accordance with Section 60 (5) of the Health Act of 2004 members who were transferred from specified bodies to the Executive pursuant to Section 60 of the Health Act 2004 are entitled under this Scheme to superannuation benefits and the terms relating to those benefits which are no less favourable than those to which they were entitled under their existing superannuation scheme as at 31st December 2004.

6. PENSIONABLE REMUNERATION

6.1 Salary

“Salary” means the annual basic rate (or the weekly basic rate multiplied by 52.18) of remuneration payable from time to time as lawfully determined or lawfully approved by the Executive, and the Minister for Health and Children, with the consent of the Minister for Finance, 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.

6.2 Allowances

“Allowances” means such allowances in the nature of pay lawfully determined or lawfully approved by the Executive, and the Minister for Health and Children, with the consent of the Minister for Finance, which are designated as pensionable by the Executive, but excluding any sums paid in respect of overtime, commission, gratuity, special fees, travelling allowance, subsistence allowance and the like, the...

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