S.I. No. 20/1957 - Superannuation (Allocation of Pension) Regulations, 1957.

S.I. No. 20 of 1957.

SUPERANNUATION (ALLOCATION OF PENSION) REGULATIONS, 1957.

Article.

1. Short title.

2. Interpretation.

3. Application.

4. Notice of allocation.

5. Furnishing of information to Minister.

6. Health, medical examination.

7. Review of decision as to health.

8. Further medical examination.

9. Fee for medical examination.

10. Finality of decision.

11. Postponement of retirement.

12. Cancellation and amendment of allocation notice.

13. Alteration of amount of pension.

14. Validity of amended allocation notice.

15. Amount of pension outside statutory limits.

16. Time of taking effect of allocation.

17. Overpayment of pensions.

18. Posting of documents.

SCHEDULE.

FORM A.

FORM B.

S.I. No. 20 of 1957.

SUPERANNUATION (ALLOCATION OF PENSION) REGULATIONS, 1957.

I, GERARD SWEETMAN, Minister for Finance, in exercise of the powers conferred on me by section 3 of the Superannuation Act, 1956 (No. 38 of 1956), hereby make the following regulations :

1 Short title.

1. These Regulations may be cited as the Superannuation (Allocation of Pension) Regulations, 1957.

2 Interpretation.

2. In these Regulations—

" the Act " means the Superannuation Act, 1956 (No. 38 of 1956) ;

" allocation " means a surrender pursuant to the Act of part of a pension ;

" allocation notice " means a notice under Regulation 4 ;

" beneficiary " means the person in whose favour an allocation is made ;

" the civil servant " has the meaning specified in Regulation 3 ;

" the Department " has the meaning specified in Regulation 4 ;

" the Minister " means the Minister for Finance ;

" pension " means an annual pension and, in relation to the civil servant, means the superannuation allowance, compensation allowance or retiring allowance which he may be granted.

3 Application.

3. These Regulations apply to any person who is an established civil servant and who on retirement wishes to make an allocation, and such person is hereinafter referred to as " the civil servant ".

4 Notice of allocation.

4. (1) The civil servant shall give notice to the Department in which he is serving (hereinafter referred to as the Department) in Form A set out in the Schedule to these Regulations, and the notice shall be lodged—

(a) before or on the day immediately before the commencement of the period of six months ending on the date of retirement or

(b) where the Minister is satisfied that, as a result of exceptional circumstances beyond the control of the civil servant, it is not or has not been practicable for him to give the notice before or on the day specified in the foregoing sub-paragraph, before or on a later day appointed by the Minister.

(2) The beneficiary shall sign his name in the appointed space in Form A in the presence of a witness who shall also sign his name in the appointed space in the said form. Where the Minister is satisfied that the beneficiary is unable, through infirmity or other sufficient cause, to write his signature, the Minister may, if he deems fit, dispense with the beneficiary's signature subject to such conditions as he may deem desirable.

5 Furnishing of information to Minister.

5. (1) The civil servant shall furnish at his own expense to the Minister—

(a) his birth certificate, except where the date of his birth is recorded in his Civil Service Certificate and is not disputed, and

(b) with respect to the beneficiary—

(i) where the beneficiary is the civil servant's wife—a birth certificate and a marriage certificate,

(ii) where the beneficiary is not the civil servant's wife—a birth certificate and a statutory declaration that the beneficiary is, in relation to the civil servant, a dependant.

(2) If for any reason a birth or marriage certificate cannot be furnished, the Minister may accept such other evidence of birth or marriage as he may think fit.

6 Health, medical examination.

6. (1) The civil servant shall not be entitled to make an allocation unless the Minister decides that he is of sound health.

(2) The civil servant shall, within the period of four months ending on the date of retirement, undergo medical examination by such registered medical practitioner as the Minister may direct and the practitioner shall furnish to the Department a report of the result of the examination in Form B set out in the Schedule to these Regulations.

(3) If the Minister decides that the civil servant is not of sound health, he shall notify him accordingly.

7 Review of decision as to health.

7. (1) When the civil servant is notified that he is not of sound health, he may apply for a review of the decision.

(2) The application for a review shall be made in writing and shall be lodged with the Department within fourteen days after the date on which the decision of the Minister was notified to him.

(3) After lodgment of the application, the civil servant shall undergo medical examination by a medical referee nominated by the Minister and the referee shall furnish to the Department a report of the result of the examination.

(4) The Minister shall, when he has considered the report of the medical referee, decide whether the civil servant is of sound health and the civil servant shall be notified accordingly.

8 Further medical examination.

8. If the Minister is not satisfied that the civil servant is of sound health but it appears to him that the civil servant would be shown to be of sound health if examined again after a short interval, then, the Minister may at his discretion require the civil servant to undergo a further medical examination at a later date.

9 Fee for medical examination.

9. Where the civil servant is required to undergo any medical examination, he shall be responsible for payment of the fee for the examination.

10 Finality of decision.

10. Subject to Regulations 7 and 11, any decision of the Minister of which notification has been conveyed to the civil servant shall be final.

11 Postponement of retirement.

11. If, in any case in which the Minister decided that the civil servant is of sound health, the date of retirement is postponed to a date more than three calendar months after the date of the decision, the Minister may, if he thinks fit, require the civil servant to undergo such further medical examination as he may direct and the Minister shall make a new decision on the question whether the civil servant is of sound health.

12 Cancellation and amendment of allocation notice.

12. (1) The civil servant may cancel or amend his allocation notice by notice in writing lodged with the Department at any time before or on the date of retirement, but no cancellation or, save as provided in Regulation 13, amendment of an allocation notice shall be permitted after that date.

(2) An allocation notice which is lodged by virtue of subparagraph (b) of paragraph (1) of Regulation 4 with the Department after the date of retirement may not be cancelled or, save as provided in Regulation 13, amended.

13 Alteration of amount of pension.

13. Where the civil servant, having been notified of the Minister's decisions, is subsequently notified by the Department of an alteration of the amount, or the estimated amount, of his pension less than fourteen days before the date of retirement or within twelve months after that date, he may, if he has already lodged an allocation notice, amend that notice by notice in writing lodged with the Department before or on the fourteenth day after the receipt of notification of the revised amount of his pension :

Provided that no notice of an amendment of an allocation notice may be lodged with the Department after the date of retirement—

(i) except for the purpose of increasing or decreasing the amount of the pension to be surrendered by an amount not exceeding the increase or decrease (to the nearest pound) in the amount or estimated amount of pension in relation to which the civil servant made his allocation ; or

(ii) in any case, in respect of any alteration of the amount, or the estimated amount, of pension resulting from a decision affecting all, or a particular category, of Civil Service pensioners.

14 Validity of amended allocation notice.

14. An amendment of an allocation notice shall not be valid if the notice as so amended does not comply with these Regulations.

15 Amount of pension outside statutory limits.

15. An allocation shall remain valid, unless cancelled or amended in the manner and within the period permitted by these Regulations, notwithstanding that, as the result of a subsequent alteration of the amount, or estimated amount, of the civil servant's pension, the amount of pension to be surrendered is not within the limits provided for in the Act.

16 Time of taking effect of allocation.

16. (1) An allocation notice shall become null and void if, on a day on which the civil servant is an established civil servant, either the civil servant or the beneficiary dies.

(2) Subject to paragraph (1) of this Regulation, an allocation shall have effect as from the day next following the date of retirement.

17 Overpayment of pensions.

17. Where, as the result of effect being given to the amendment of an allocation notice pursuant to Regulation 13 or to an allocation notice which is lodged with the Department after the date of retirement, any overpayment of pension has been made to the civil servant or the beneficiary, such overpayment shall be recovered from the next payment or payments of pension to the person concerned.

18 Posting of documents.

18. If an allocation notice or other document is sent through the post, it shall not be deemed to be lodged with the Department within the time prescribed by these Regulations unless it is posted at a time which will normally ensure its delivery within the time so prescribed.

SCHEDULE.

Form A.

SUPERANNUATION (ALLOCATION OF PENSION) REGULATIONS, 1957.

Allocation of Pension Notice.

1. Name of civil servant............................................................ ............................................................ ...

2. Date of birth of civil servant............................................................ ...................................................

3. Department............................................................ ............................................................ ....................

4. Date of retirement............................................................ ............................................................ .........

5. Name and address of proposed beneficiary............................................................ .........................

6. Date of birth of beneficiary............................................................ ......................................................

7. Relationship to civil servant............................................................ ....................................................

I,............................................................ ................ of............................................................ ................ hereby give notice under the Superannuation (Allocation of Pension) Regulations, 1957, of surrender of £....................of my pension under the Superannuation Acts in return for the grant of a pension payable to the above-named beneficiary.

I declare that the information given by me regarding this notice is true and correct to the best of my knowledge and belief.

Civil Servant's signature.............................................

Date.........................

Beneficiary's signature...............................................

Witness............................................................ ............

Date...........................

Form B.

SUPERANNUATION (ALLOCATION OF PENSION) REGULATIONS, 1957.

Name of Civil Servant............................................................ ............................................................ ............

Department............................................................ ............................................................ ..............................

MEDICAL REPORT.

Signature and Qualification........................................

Date..............................

GIVEN under my Official Seal, this 12th day of February, 1957.

GERARD SWEETMAN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations prescribe the notice to be given, and the conditions as to health, medical examination, etc., to be fulfilled by a Civil Servant who desires to make a surrender of part of his pension to provide a pension for his wife or a dependant under the Superannuation Act, 1956 (No. 38 of 1956).