S.I. No. 16/2017 - Single Public Service Pension Scheme (Accrual of Referable Amounts while on Sick Leave) Regulations 2017.

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)(f) of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37 of 2012), hereby make the following regulations:

1. (1) These Regulations may be cited as the Single Public Service Pension Scheme (Accrual of Referable Amounts while on Sick Leave) Regulations 2017.

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

2. In these Regulations—

“Regulations of 2014” means the Public Service Management (Sick Leave) Regulations 2014 ( S.I. No. 124 of 2014 ) (amended by the Public Service Management (Sick Leave) (Amendment) Regulations 2015 ( S.I. No. 384 of 2015 ));

“relevant person” has the same meaning as it has in Regulation 2(1) of the Regulations of 2014;

“sick leave” has the same meaning as it has in section 58A of the Public Service Management (Recruitment and Appointments) Act 2004 (No. 33 of 2004);

“sick leave remuneration at the half rate” has the same meaning as it has in Regulation 2(2) of the Regulations of 2014.

3. (1) Where, after the coming into operation of these Regulations—

(a) a period of leave on the part of a Scheme member occurs and that leave constitutes sick leave within the meaning of the Regulations of 2014 (or would constitute such sick leave if the Scheme member were a relevant person), and

(b) the Scheme member is paid sick leave remuneration at the half rate in respect of the period or part of the period,

the amounts specified in paragraph (2) shall be included as referable amounts for the purposes of the calculation of benefits sections in respect of that Scheme member.

(2) The amounts referred to in paragraph (1) are those amounts that would be included as referable amounts for the purposes of the calculation of benefits sections in respect of the Scheme member referred to in paragraph (1) if he or she were paid the whole amount of remuneration that would otherwise have accrued to him or her in respect of the period or the part of the period referred to in paragraph (1)(b).

GIVEN under my Official Seal,

27 January 2017.

PASCHAL DONOHOE,

Minister for 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 provide that when a member of the Single Public Service Pension Scheme is absent on sick leave and paid remuneration at the half rate, his or her referable amounts will be calculated on the same basis as if the Scheme member was absent on sick leave on full pay for that period or periods.