Rule (Regulation)

Description

21(1)(a)(ii) and 21(2)(b)

Opting back in, effective date.

Where a person who has had a partnership account decides to become an active member, their option is effective from the first day of the first pay period after the period of two months beginning with the date on which the option is exercised. Where a person who had not had a partnership pension account decides to become an active member, their option is effective from the first day of the first pay period after the date on which the option is exercised. However, in exceptional circumstances the Scheme Manager may allow such options to become effective earlier.

24(1)(a) and 24(1)(b)

Opting out before the end of one month, extending the deadline.

A person who opts out of the scheme within one month of their start date or their automatic enrolment date is taken to have never been in the scheme. In exceptional circumstances the Scheme Manager may extend the one month deadline.

25(2)(b) and 25(3)(b)

Opting out after one month, effective date.

Where an active member decides to opt out of the scheme, their option is effective from the first day of the first pay period after the date on which the option is exercised. Where an active member decides to join a partnership pension account, their option is effective from the first day of the first pay period after the period of two months beginning with the date on which   the option is exercised. However, in exceptional circumstances the Scheme Manager may allow such options to become effective earlier.

26(2)(b), 26(3) and 26(4)

Remuneration counting as pensionable:

  • Employers need approval from the   Scheme Manager for a new permanent allowance to be treated as pensionable. 
  • Bonuses and allowances not paid on a permanent basis can only be treated as pensionable if the employer has approval from the Scheme Manager. 
  • The Scheme Manager can also agree the value of other payments that may be regarded as pensionable.

27(2)(b) and 27(3)(e)

Assumed earnings.

Where a person is on an unpaid absence, in some circumstances, their pension benefits are calculated by using assumed pay. Assumed pay normally replicates the pension they received before they started their unpaid absence. The Scheme Manager may increase the amount of pay if the employer gives good reasons for doing so.

107(4)

Withhold adult dependant pensions, where there is a death bed marriage.

The Scheme Manager may decide not to pay an adult dependants pension if the couple married less than six months before the member’s death.

136(2)(b)

Employer contributions.

An employer can ask the Scheme Manager to allow them to pay the member’s contributions. This would be for example where the Scheme Manager has agreed that an unpaid absence may reckon, see 27(3)(e).

156 and 157

Special terms for compulsory transfer of employment.

The Scheme Manager may vary the application of the scheme rules where a group of staff are being bulk transferred into the Civil Service or schedule 1 body. This is to ensure that the scheme offers comparable terms to the sending scheme. Normally, the Actuaries involved in the transfer terms will identify which areas require a Scheme Manager decision.

165 and 167

Forfeiture.

  • Where a member has been convicted of offences under the Official Secrets Act that results in imprisonment of 10 or more years, the Minister may withhold pension benefits. 
  • If the Minister decides that a member has committed an offence connected to their employment which has been gravely injurious to the State or resulted in a loss of confidence in the public service, their pension benefits can be withheld. The Scheme Manager decides the extent to which the member’s benefits are forfeit. 
  • A proportion of the member’s benefits may be withheld where they have a monetary obligation to their employer. This monetary obligation must be the result of their criminal, negligent or fraudulent act or omission.

Schedule 1, Part 1, Paragraph 1

Decide what third parties may buy added pension.

This is normally where the member has given time to Voluntary Service Overseas. In return, that organisation buys added pension for the member. However, the Scheme Manager decides whether another organisation can buy added pension for a member.

Schedule 1, Part 2,Chapter 1, Paragraph 8(1)

Allow an employer or third party to by added pension on behalf of the member.

There may be exceptional circumstances where an employer may wish to buy added pension for a member. Employers will need to make a business case to the Scheme Manager. If the Scheme Manager agrees the proposal, they will also decide the cost of the added pension. A third party may wish to buy added pension for a member.

Schedule 1, Part 4, Chapter 2, Paragraphs 39(5), 40(4) and Chapter 3, 44(4)

EEPA

A member whose EEPA option ceases (either through the member ceasing pensionable service, the member cancelling the option or at the member’s request during a period of assumed pay) may not resume periodical payments without the approval of the Scheme Manager.

Please Note: for a member who ceases pensionable service, they must first re-enter pensionable service for their option to resume. Scheme Manager approval is only required if the gap in pensionable service is more than five years.

Published:
21 December 2021
Last updated:
21 December 2021