Rule

Description

A.2(2)(b), (3)(a), (4)(b) and (5)(b)

Remuneration counting as pensionable:

  • Employers need approval from the Scheme Manager for a new permanent allowance to be treated as pensionable. 
  •  onuses 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.

A.3(1) and A.3(2)(g)

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.

A.11(2)

Disapply earnings cap.

The amount of final pensionable earnings used to calculate any linked final salary benefits is restricted to a permitted maximum. The Scheme Manager may allow the permitted maximum to be disregarded in exceptional circumstances.

B.4(2)

Extend time limit to backdate opting out.

Where a member intends to opt out within three months, the Scheme Manager may extend the time limit in exceptional circumstances.

B.6(5) and B.6(6)

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.

Please note: the effective date where a person who had a partnership pension account decides to become an active member of nuvos, was   amended with effect from January 2018 (as detailed in EPN518). The nuvos rules, as stated, will be updated to reflect this change at a future date.

B.7(3) and B.7(4)

Opting out 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.

Please note: the effective date where an active member decides to join partnership, was amended with effect from January 2018 (as detailed in EPN518). The nuvos rules, as stated, will be updated to reflect this change at a future date.

D.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.

D.8(7)

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.

F.1(7)

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.

G.13 and G.14

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.

J.5

Disapply abatement

The pension of a member who is re-employed in the scheme is normally subject to abatement. In exceptional circumstances, the Scheme Manager may decide that abatement will not apply or apply to a lesser extent. The rule specifically refers to ‘special circumstance’ so an employer would have to make a robust business case.

K.2

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, egligent or fraudulent act or omission.
Published:
21 December 2021
Last updated:
21 December 2021