First Previous (CHAPTER 12 Old Age (Contributory) Pension) Next (CHAPTER 14 Survivor's Benefit)

27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

CHAPTER 13

Retirement Pension

Entitlement to pension.

[1981, s. 83(1)]

88.—(1) Subject to this Act, a person who has attained the age of 65 years shall be entitled to retirement pension for any period of retirement if he satisfies the contribution conditions in section 89.

[1981, s. 83(3)]

(2) The periods which shall be regarded for the purposes of this section as periods of retirement shall be specified by regulations.

[1992, s. 11(1)]

(3) In this Chapter—

yearly average” means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing either—

(a) on the 5th day of January, 1953, in case the claimant is a man, or on the 6th day of July, 1953, in case the claimant is a woman, or

(b) at the beginning of the contribution year in which the claimant's entry into insurance occurred (if after the 5th day of January, 1953, in the case of a man, or the 6th day of July, 1953, in the case of a woman),

(whichever is the later) and ending at the end of the last complete contribution year before the date of his attaining the age of 65 years;

alternative yearly average” means, in relation to any claimant, the average per contribution year of contribution weeks in respect of which that claimant has qualifying contributions, voluntary contributions or credited contributions in the period commencing on the 6th day of April, 1979, and ending at the end of the last complete contribution year before the date of his attaining the age of 65 years.

[1991, s. 27(1); 1993, s. 36(5)]

(4) In this Chapter, “relevant person” means—

(a) a person who first becomes—

(i) an insured person by virtue of section 9(1) insured for old age (contributory) pension purposes, or

(ii) an insured person by virtue of section 17,

on or after the 6th day of April, 1991, or

(b) a person who fails to satisfy the contribution condition set out in subsection (1)(c) of section 89 and had periods in which he had been—

(i) employed mainly in one or more of the employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 (S.I. No. 94 of 1991), and

(ii) an employed contributor, a self-employed contributor or a voluntary contributor, in respect of whom contributions, reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were paid in respect of or credited to him.

[1991, s. 24(1)]

(5) For the purposes of this Chapter, in the case of a relevant person “entry into insurance” means in relation to any person whichever occurs first—

(a) the date on which he first becomes an insured person by virtue of section 9(1), except where he becomes an insured person by virtue of paragraph (b) of subsection (1) of the said section 9 only, or

(b) the date on which he first becomes an insured person by virtue of section 17, and that that date shall be regarded as the date of entry into insurance for the purposes of paragraphs (a) and (c) of section 89(1).

[1991, s. 24(1)]

(6) Notwithstanding subsection (5), regulations may provide that the date on which a relevant person first becomes an employed person or a self-employed person, insurable for retirement pension purposes under the legislation of another Member State, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 238, may be regarded as the date of entry into insurance.

[1991, s. 24(1)]

(7) Notwithstanding subsections (5) and (6), regulations may provide that where a date of entry into insurance occurs before a date to be prescribed, that day may be regarded as the date of entry into insurance.

Conditions for receipt.

[1981, s. 84(1)]

89.—(1) The contribution conditions for retirement pension are—

(a) that the claimant has entered into insurance before attaining the age of 55 years,

(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his entry into insurance, and

[1992, s. 11(2), (3)]

(c) that the claimant has a yearly average or in the case of a person who attains the age of 65 years on or after the 6th day of April, 1992, an alternative yearly average of not less than 48.

[1981, s. 84(2)]

(2) Regulations may provide for modifications of the meaning of yearly average contained in section 88(3) or of the contribution conditions set out in this section.

[1981, s. 84(3)]

(3) Contributions paid under the National Health Insurance Acts, 1911 to 1952, by or in respect of an employed contributor may be taken into account in such manner and subject to such conditions and limitations as may be prescribed for the purpose of the satisfaction by him of the contribution conditions for retirement pension.

[1992, s. 11(2)]

(4) Subject to subsection (5), regulations may provide for entitling to retirement pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48.

[1992, s. 11(2)]

(5) Regulations under subsection (4) shall provide that retirement pension payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary by reference to the yearly average so calculated, but any increase of that pension payable under section 91(1) or section 91(2) shall be the same as if the claimant had a yearly average of not less than 48.

[1991, s. 24(2); S.I. No. 312 of 1991, A.4]

(6) Regulations may provide, subject to subsection (7), for entitling to retirement pension a relevant person who would be entitled thereto but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied and who does not have an entitlement to a retirement pension by virtue of Regulation (EEC) No. 1408/71 of the Council of the European Communities1 , or by virtue of a reciprocal arrangement under the provisions of section 238 and who in respect of any period has been employed mainly in one or more of the

employments specified in Article 5(1), 6(1) or 7(1) of the Social Welfare (Modifications of Insurance) Regulations, 1991 (S.I. No. 94 of 1991).

[1991, s. 24(2); S.I. No. 312 of 1991, A.4]

(7) Regulations for the purposes of subsection (6) shall provide that retirement pension payable by virtue thereof shall—

(a) be payable at a rate less than that specified in the Second Schedule, and the rate specified by the regulations may vary in relation to the proportion to which the number of—

(i) employment contributions paid in respect of or credited to the insured person, and

(ii) voluntary contributions paid by him,

reckonable for retirement pension purposes bears to the total number of such employment contributions, self-employment contributions and voluntary contributions, but any increase of pension in respect of a qualified child shall be paid at the rate specified in the Second Schedule, and

(b) where the amount calculated in accordance with paragraph (a) is not a multiple of £2, be increased to the next multiple of £2.

Rate of pension.

[1981, s. 85]

90.—Subject to this Part, the weekly rate of retirement pension shall be as set out in column (2) of Part I of the second Schedule .

Increases (including increases for adult and child dependants).

[1981AM, s. 15(2)]

91.—(1) The weekly rate of retirement pension shall be increased by the amount set out in column (3) of Part I of the second Schedule for any period during which the beneficiary has an adult dependant, subject to the restriction that the beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.

[1982, s. 2(7)]

(2) The weekly rate of retirement pension shall be increased by the appropriate amount set out in column (4) or (5), of Part I of the second Schedule in respect of each qualified child who normally resides with the beneficiary.

[1985 (No. 2), s. 4]

(3) Any increase of retirement pension payable pursuant to subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not an adult dependant, and subsection (2) shall be construed and have effect accordingly.

[1981, s. 86(4)]

(4) The weekly rate of retirement pension shall be increased by the amount set out in column (7) of Part I of the second Schedule where the beneficiary has attained pensionable age and is living alone.

[1990, s. 49(b)]

(5) The weekly rate of retirement pension shall be increased by the amount set out in column (8) of Part I of the second Schedule where the beneficiary has attained the age of 80 years.

OJ No. L149 of 5.7.1971.