Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st January, 2017.

I, PASCHAL DONOHOE, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by section 8 (2)(c) and section 29 (6) of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37 of 2012), hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Single Public Service Pension Scheme (Retirement on Medical Grounds) Regulations 2017.

(2) These Regulations shall be deemed to have come into operation on 1 January 2013.

Interpretation

2. In these Regulations—

“Act of 2012” means the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37 of 2012);

“applicable time period”, in relation to a Scheme member who retires or is retired or discharged on medical grounds in accordance with section 29 of the Act of 2012, means the period of time calculated using the following formula:

A — B

____

2

Where:

A is the Scheme member’s normal retirement age as at the date of retirement or discharge, and

B is the age of the Scheme member as at the date of retirement or discharge;

“relevant lump sum amount”, in relation to a Scheme member who retires or is retired or discharged on medical grounds in accordance with section 29 of the Act of 2012, means the greater of—

(a) the referable amount for the lump sum calculated for the Scheme member in respect of the most recent full year, or

(b) the average of the referable amounts for the lump sum calculated for the Scheme member in respect of the 3 most recent full years;

“relevant pension amount”, in relation to a Scheme member who retires or is retired or discharged on medical grounds in accordance with section 29 of the Act of 2012, means the greater of—

(a) the referable amount for the pension calculated for the Scheme member in respect of the most recent full year, or

(b) the average of the referable amounts for the pension calculated for the Scheme member in respect of the 3 most recent full years.

Enhancement of pension and lump sum

3. Where a Scheme member receives or is eligible to receive retirement benefits in accordance with subsection (2) of section 29 of the Act of 2012—

(a) the rate of pension paid or to be paid to the Scheme member under that subsection (2) shall be enhanced by the payment to the member of the lesser of—

(i) an amount equivalent to the relevant pension amount multiplied by the applicable time period, or

(ii) an amount equivalent to 10 times the value of the most recent full year referable amount for the pension, and

(b) the rate of lump sum paid or to be paid to the Scheme member under that subsection (2) shall be enhanced by the payment to the member of the lesser of—

(i) an amount equivalent to the relevant lump sum amount multiplied by the applicable time period, or

(ii) an amount equivalent to 10 times the value of the most recent full year referable amount for the lump sum.

GIVEN under my Official Seal,

27 January 2017.

PASCHAL DONOHOE,

Minister of Public Expenditure and Reform.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the criteria for the enhancement of the pension and retirement lump sum of a member of the Single Public Service Pension Scheme who retires or is retired or discharged on medical grounds, in accordance with section 29 of the Act of 2012.