Primary School Teachers Pension Scheme 2009

• Statutory Instrument No.: 434/2009
• Published date: 03 November 2009

Table of Contents

Part 1

Citation and General Interpretation

Article

1. Citation

2. Interpretation

Part 2

Members’ Personal Pension Provisions

3. Commencement (Part 2)

4. Membership

5. Pensionable remuneration

6. Pensionable service

7. Benefits — main cases (other than those involving preserved benefit)

8. Benefits — other cases (including those involving preserved benefit)

9. Retirement on medical grounds

10. Payment of pension or preserved pension

11. Contributions

12. Employment subsequent to retirement or resignation

13. Prohibition on duplication of benefits

Part 3

Spouses’ and Children’s Pension Provisions

Chapter 1

Preliminary

14. Interpretation (Part 3)

Chapter 2

Current Spouses’ and Children’s Contributory Pension Provisions

15. Commencement (Chapter 2)

16. Interpretation (Chapter 2)

17. Chapter 2 members

18. Power to grant spouses’ and children’s pensions (Chapter 2)

19. Spouses’ pensions (Chapter 2)

20. Children’s pensions — beneficiaries (Chapter 2)

21. Children’s pensions — rate and mode of payment (Chapter 2)

22. Periodic contributions (Chapter 2)

23. Refund of contributions (Chapter 2)

24. Former members becoming members (Chapter 2)

25. Non-periodic contributions (Chapter 2)

26. Marriage of 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)

27. Commencement (Chapter 3)

28. Interpretation (Chapter 3)

29. Chapter 3 members

30. Power to grant spouse’s and children’s pensions (Chapter 3)

31. Spouses’ pensions (Chapter 3)

32. Children’s pensions — beneficiaries (Chapter 3)

33. Children’s pensions — rate and mode of payment (Chapter 3)

34. Periodic contributions (Chapter 3)

35. Refund of contributions (Chapter 3)

36. Former members becoming members (Chapter 3)

37. Non-periodic contributions (Chapter 3)

38. Marriages of members whose early death is to be foreseen (Chapter 3)

Chapter 4

Primary Teachers Widows’ and Children’s Ex-Gratia Pension Provisions

39. Commencement (Chapter 4)

40. Interpretation (Chapter 4)

41. Chapter 4 members

42. Power to grant widows’ and children’s pensions (Chapter 4)

43. Widows’ pensions (Chapter 4)

44. Children’s pensions — beneficiaries (Chapter 4)

45. Children’s pensions — rate and mode of payment (Chapter 4)

Part 4

Purchase of Notional Service

46. Commencement (Part 4)

47. Interpretation (Part 4)

48. Application of Part 4

49. General conditions for purchase of notional service

50. Special conditions for purchase by members on certain types of contracts

51. Special conditions for purchase by job-sharing and part-time members

52. Special arrangements relating to leave without pay

53. Special arrangements for payment of unpaid contributions during periodic purchase agreement

54. Procedures for the purchase of notional service

55. Crediting of purchased service

56. Refunds

57. Transitional arrangements

Part 5

Cost Neutral Early Retirement

58. Commencement (Part 5)

59. Interpretation (Part 5)

60. Benefits under cost neutral early retirement

61. Purchase of notional service

62. Restriction on reckoning of service on subsequent employment

Part 6

General Provisions

63. Applications

64. Time limit if former member dies

65. Annual declaration

66. Application for refunds

67. Assignments

68. Cesser or reduction of benefits

69. Appeals

70. Repayment of pensions overpaid

71. Pension fund

Part 7

Miscellaneous

72. 1996 Early Retirement Scheme

73. Transfer value payments — approved tables, etc.

74. Confirmation of certain matters

75. Revocations

SCHEDULES

Schedule 1

Tables of Contribution Rates at which Notional Service may be Purchased

Schedule 2

Limits on amount of service which may be purchased

Schedule 3

Calculation of actuarially reduced equivalent of 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. 434 of 2009

PRIMARY SCHOOL TEACHERS PENSION SCHEME 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd November, 2009.

I, BATT O’ KEEFFE, Minister for Education and Science, with the consent of the Minister for Finance, in exercise of the powers conferred on me by section 2 of the Teachers’ Superannuation Act 1928 (No. 32 of 1928), as amended by the Teachers’ Superannuation (Amendment) Act 1990 (No. 28 of 1990) and adapted by the Education (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 430 of 1997 ), hereby make the following scheme—

Part 1

Citation and General Interpretation

Citation

1. This Scheme may be cited as the Primary School Teachers Pension Scheme 2009.

Interpretation

2. (1) In this Scheme—

“actual pensionable service” means pensionable service referred to in Article 6(1) other than any period or service which is referred to in subparagraph (g), (h) or (i) of that provision;

“allowance” means each allowance in the nature of 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 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;

“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 of Finance for the purposes of transferring pensionable service between pension schemes;

“capitation grant” means an annual grant payable to a primary school in an amount calculated by reference to the number of pupils registered to attend that school on 30 September in each school year;

“capitation national school” means a primary school that is funded by capitation grants paid by the Minister and that is owned and managed by a religious order the members of which teach at the school without receiving a salary from the Minister;

“compulsory retirement age” means the age attained by the member on the last day of the school year in which the member attains 65 years of age or, in the case of a member born in the month of July or August and who has been a teacher at a primary school without interruption from a date before 1 September 1979, the last day of the school year in which the member attains 66 years of age;

“fully insured member” means a member who is, or was before attaining 66 years of age, insured for State pension (contributory);

“job-sharer” means a full time teacher who, under an arrangement which has been approved by the Minister, works half the standard number of hours of a full time teacher at a primary school;

“medical grounds” means an infirmity of 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;

“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 of State pension (contributory) payable on the last day of 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 of 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 of the Superannuation (Miscellaneous Provisions) Act 2004 (No. 7 of 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(1) applies;

“pensionable supervision and substitution payment” shall be construed in accordance with Article 5;

“personal rate” in relation to any social welfare benefit, means the rate of 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 of the recipient living alone, or in respect of 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 of a deceased person;

“primary school” means a school providing primary education to its students that is in receipt of funds provided by the Oireachtas for the education activities of students in that school or for the remuneration of teachers in that school and, in the case of a school operating on or after 22 December 2000, is recognised under section 10 of the Education Act 1998 ;

“quasi-permanent employment” means the employment of a person who is timetabled to teach for not less than 9 hours per week for the duration of the school year in any one school;

“reduced rate”, in relation to any social welfare benefit, means the personal rate of such benefit provided that rate is less than the maximum personal rate of State pension (contributory);

“remuneration” means the aggregate of 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 of the Minister for Finance,

(b) in respect of periods worked on or after 1 September 1996 on a part-time basis, the hourly rate...