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Number 37 of 2012
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PUBLIC SERVICE PENSIONS (SINGLE SCHEME AND OTHER PROVISIONS) ACT 2012
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ARRANGEMENT OF SECTIONS
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PART 1
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Preliminary and General
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Section
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1. Short title, commencement and collective citations.
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2. Definition (Parts 1 and 2).
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3. Repeals.
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4. Expenses.
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PART 2
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Public Service Pensions
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Chapter 1
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Preliminary and General (Part 2)
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5. Interpretation (Part 2).
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6. Application (Part 2).
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7. Application of certain enactments, etc., restricted.
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8. Regulations (Part 2).
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Chapter 2
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Single Scheme
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Establishment and Membership of Scheme, etc.
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9. Scheme and membership.
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10. Scheme member, etc.
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11. Pensionability of allowances, emoluments and related payments.
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12. Pension benefits to be paid to Scheme members or former Scheme members.
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13. Normal retirement age.
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14. Normal pension age.
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15. Application of certain provisions in Acts relating to pre-existing public service pension schemes.
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Contributions by members of the Scheme, etc.
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16. Contributions to Scheme, etc.
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17. Return of contributions in certain cases.
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Calculation of benefits and circumstances for payments under the Scheme
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18. Referable amounts.
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19. Calculation of retirement benefits.
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20. Calculation of retirement benefits — President.
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21. Calculation of retirement benefits — qualifying office holders.
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22. Calculation of retirement benefits — holders of judicial offices.
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23. Calculation of retirement benefits — Comptroller and Auditor General.
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24. Calculation of retirement benefits — members of either House of the Oireachtas.
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25. Calculation of retirement benefits — designated office holders.
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26. Calculation of retirement benefits — Scheme members who may be required to retire early.
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27. Cost neutral early retirement.
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28. Preservation of benefits.
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29. Retirement on medical grounds.
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30. Death in service.
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31. Obligation to pay benefits under this Chapter.
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32. Payment of pension, etc.
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33. Survivor’s pension.
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34. Grant and payment of survivor’s pension.
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35. Children’s pension — grant.
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36. Children’s pension — beneficiaries.
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37. Children’s pension — to whom paid.
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38. Children’s pension — conditions for payment, etc.
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39. Children’s pension — calculation of rate and payment.
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Pension and other adjustments
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40. Adjustment of pension and referable amounts.
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Review of Scheme, etc.
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41. Review of Scheme.
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42. Alteration of contribution rates.
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Other provisions
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43. Duty of relevant authority to keep records, calculate contributions, etc.
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44. Payments out of Central Fund, etc.
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45. Repayment of retirement benefits, etc., overpaid.
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46. Pensionable remuneration and simultaneous employment in more than one position, etc.
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Chapter 3
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Pre-existing Public Service Pension Schemes
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47. Extension of section 40 to pre-existing public service pension schemes.
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48. Application of Scheme to certain persons.
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Chapter 4
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Provisions Applicable to all Public Service Pension Schemes
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49. Duty to give information, etc.
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50. Use of Personal Public Service Number (PPSN).
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51. Duty to make declarations, etc.
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52. Abatement and reckoning of pensionable service.
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53. Cesser or reduction of benefit.
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54. Survivor’s entitlement to pension.
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Chapter 5
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Consequential Amendments (Part 2)
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55. Amendment of Public Service Superannuation (Miscellaneous Provisions) Act 2004.
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56. Amendment of section 14 of Teaching Council Act 2001.
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57. Amendment of section 41 of Education (Welfare) Act 2000.
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58. Amendment of sections 105 and 106 of Planning and Development Act 2000.
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59. Amendment of sections 21 and 24 of Environmental Protection Agency Act 1992.
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60. Amendment of section 13 of Dublin Institute of Technology Act 1992.
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61. Amendment of section 2 of Ombudsman Act 1980.
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PART 3
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Cost Neutral Early Retirement Provisions for Judges and Certain Court Officers
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62. Definitions (Part 3).
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63. Amendment of section 2 of Act of 1961.
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64. Amendment of section 4 of Act of 1961.
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65. Amendment of section 5(1) of Act of 1991.
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66. Amendment of section 6 of Act of 1991.
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PART 4
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Amendment of Financial Emergency Measures in the Public Interest Act 2010
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67. Definition (Part 4).
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68. Amendment of section 1 of Act of 2010.
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69. Amendment of section 2 of Act of 2010.
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70. Amendment of section 4 of Act of 2010.
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71. Amendment of section 5 of Act of 2010.
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72. Duty to give information, etc.
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73. Use of Personal Public Service Number (PPSN).
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74. Removal of doubts.
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SCHEDULE
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BODIES TO WHICH THE DEFINITION OF “PUBLIC SERVICE BODY” DOES NOT APPLY
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Acts Referred to
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Adoption Act 2010
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2010, No. 21
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Adoption Acts 1952 to 1998
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Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
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2010, No. 24
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Companies Acts
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Courts of Justice and Court Officers (Superannuation) Act 1961
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1961, No. 16
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Court Officers Act 1926
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1926, No. 27
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Court Officers Acts 1926 to 2008
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Courts (Supplemental Provisions) Act 1961
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1961, No. 39
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Courts (Supplemental Provisions) Acts 1961 to 2008
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Courts (Supplemental Provisions) (Amendment) Act 1991
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1991, No. 23
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Defence Act 1954
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1954, No. 18
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Defence Acts 1954 to 2007
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Defence Forces (Pensions) Acts 1932 to 2004
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Dublin Institute of Technology Act 1992
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1992, No. 15
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Education (Welfare) Act 2000
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2000, No. 22
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Environmental Protection Agency Act 1992
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1992, No. 7
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Family Law Act 1995
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1995, No. 26
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Family Law (Divorce) Act 1996
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1996, No. 33
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Financial Emergency Measures in the Public Interest Act 2010
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2010, No. 38
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Fire Services Act 1981
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1981, No. 30
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Forestry Act 1988
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1988, No. 26
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Harbours Act 1946
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1946, No. 9
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Harbours Act 1996
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1996, No. 11
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Institutes of Technology Act 2006
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2006, No. 25
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Local Government Act 2001
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2001, No. 37
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Local Government (Superannuation) Act 1980
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1980, No. 8
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Medical Practitioners Act 2007
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2007, No. 25
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Ministerial and Parliamentary Offices Act 1938
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1938, No. 38
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Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001
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2001, No. 33
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Oireachtas (Allowances to Members) Act 1938
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1938, No. 34
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Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009
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2009, No. 29
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Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973
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1973, No. 22
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Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1977
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1977, No. 29
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Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983
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1983, No. 32
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Ombudsman Act 1980
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1980, No. 26
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Pensions Act 1990
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1990, No. 25
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Pensions (Abatement) Act 1965
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1965, No. 13
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Pensions (Increase) Act 1964
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1964, No. 10
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Planning and Development Act 2000
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2000, No. 30
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Powers of Attorney Act 1996
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1996, No. 12
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Presidential Establishment Act 1938
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1938, No. 24
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Public Service Superannuation (Miscellaneous Provisions) Act 2004
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2004, No. 7
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Social Welfare Acts
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Social Welfare Consolidation Act 2005
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2005, No. 26
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Superannuation Acts 1834 to 1963
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Superannuation and Pensions Act 1976
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1976, No. 22
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Superannuation (Prison Officers) Act 1919
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9 & 10 Geo. 5, c. 67
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Taxes Consolidation Act 1997
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1997, No. 39
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Teachers’ Superannuation Acts 1928 and 1990
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Teaching Council Act 2001
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2001, No. 8
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Vocational Education Act 1930
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1930, No. 29
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Number 37 of 2012
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PUBLIC SERVICE PENSIONS (SINGLE SCHEME AND OTHER PROVISIONS) ACT 2012
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AN ACT TO PROVIDE FOR A SINGLE PUBLIC SERVICE PENSION SCHEME TO BE ESTABLISHED AND TO APPLY TO NEW ENTRANTS INTO THE PUBLIC SERVICE, TO PROVIDE FOR OTHER PUBLIC SERVICE PENSION SCHEMES NOT TO APPLY TO NEW ENTRANTS, TO PROVIDE FOR PENSIONS AND OTHER BENEFITS IN RESPECT OF SERVICE IN THE PUBLIC SERVICE BY NEW ENTRANTS AND TO PROVIDE FOR PENSIONS UNDER THE SINGLE PUBLIC SERVICE PENSION SCHEME TO BE INDEX-LINKED; TO ENABLE PENSIONS UNDER OTHER PUBLIC SERVICE PENSION SCHEMES TO BE INDEX-LINKED; TO PROVIDE FOR THE PROVISION OF INFORMATION NECESSARY FOR THE PROPER OPERATION OF PUBLIC SERVICE PENSION SCHEMES; TO MODERNISE THE LAW RELATING TO THE ABATEMENT OF PENSIONS IN CERTAIN CIRCUMSTANCES; TO PROVIDE FOR THE AMENDMENT OF THE PUBLIC SERVICE SUPERANNUATION (MISCELLANEOUS PROVISIONS) ACT 2004; TO PROVIDE FOR CERTAIN OTHER CONSEQUENTIAL AMENDMENTS; TO MAKE PROVISION FOR COST NEUTRAL EARLY RETIREMENT FOR JUDGES AND CERTAIN COURT OFFICERS; TO AMEND THE FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2010; AND TO PROVIDE FOR RELATED MATTERS.
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[28th July, 2012]
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
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