Social Welfare Act, 1992


Amendments to Pensions Act

Amendment of section 2 of Pensions Act.

53.—Section 2 of the Pensions Act is hereby amended—

(a) by the substitution for the definition of “member” of the following definition:

“‘member’, in relation to a scheme, means, subject to section 62, any person who, having been admitted to membership under the rules of the scheme, remains entitled to any benefit under the scheme in respect of a period of service whilst employed within the State;”,

(b) by the substitution for the definition of “occupational pension scheme” of the following definition:

“‘occupational pension scheme’ means any scheme or arrangement—

(a) which is comprised in one or more instruments or agreements, and

(b) which provides or is capable of providing in relation to employees in any description of employment within the State, benefits, and

(c) (i) which has been approved of by the Revenue Commissioners for the purpose of Chapter II of Part I of the Finance Act, 1972 , or

(ii) the application for approval of which under Chapter II of Part I of the Finance Act, 1972 , is being considered, or

(iii) which is a statutory scheme to which section 17 of the Finance Act, 1972 , applies, or

(iv) which is a scheme other than a scheme specified in subparagraph (i), (ii) or (iii) and where the benefits are paid in whole or in part out of moneys provided from the Central Fund or moneys provided by the Oireachtas;”, and

(c) the substitution for the definition of “reckonable service” of the following definition:

“‘reckonable service’ means the aggregate of every period of service in the relevant employment during membership of—

(a) the scheme,

(b) every other scheme relating to the same employment where accrued rights from such other scheme have been transferred to the scheme,

but does not include service as a member of a scheme where either—

(i) the only benefit thereunder is in respect of death prior to normal pensionable age, or

(ii) the member has been notified in writing by the trustees that such service does not entitle him to long service benefit:

Provided that no such period, or part thereof, shall be counted more than once;”.