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Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-4)1. Short title, commencement and collective citations.2. Definition (Parts 1 and 2).3. Repeals.4. Expenses.Part 2 Public Service Pensions (ss. 5-61)Chapter 1 Preliminary and General (Part 2) (ss. 5-8)5. Interpretation (Part 2).6. Application (Part 2).7. Application of certain enactments, etc., restricted.8. Regulations (Part 2).Chapter 2 Single Scheme (ss. 9-46)Establishment and Membership of Scheme, etc. (ss. 9-15)9. Scheme and membership.10. Scheme member, etc.11. Pensionability of allowances, emoluments and related payments.12. Pension benefits to be paid to Scheme members or former Scheme members.13. Normal retirement age.14. Normal pension age.15. Application of certain provisions in Acts relating to pre-existing public service pension schemes.Contributions by members of the Scheme, etc. (ss. 16-17)16. Contributions to Scheme, etc.17. Return of contributions in certain cases.Calculation of benefits and circumstances for payments under the Scheme (ss. 18-39)18. Referable amounts.19. Calculation of retirement benefits.20. Calculation of retirement benefits - President.21. Calculation of retirement benefits - qualifying office holders.22. Calculation of retirement benefits - holders of judicial offices.23. Calculation of retirement benefits - Comptroller and Auditor General.24. Calculation of retirement benefits - members of either House of the Oireachtas.25. Calculation of retirement benefits - designated office holders.26. Calculation of retirement benefits - Scheme members who may be required to retire early.27. Cost neutral early retirement.28. Preservation of benefits.29. Retirement on medical grounds.30. Death in service.31. Obligation to pay benefits under this Chapter.32. Payment of pension, etc.33. Survivor's pension.34. Grant and payment of survivor's pension.35. Children's pension - grant.36. Children's pension - beneficiaries.37. Children's pension - to whom paid.38. Children's pension - conditions for payment, etc.39. Children's pension - calculation of rate and payment.Pension and other adjustments (s. 40)40. Adjustment of pension and referable amounts.Review of Scheme, etc. (ss. 41-42)41. Review of Scheme.42. Alteration of contribution rates.Other provisions (ss. 43-46)43. Duty of relevant authority to keep records, calculate contributions, etc.44. Payments out of Central Fund, etc.45. Repayment of retirement benefits, etc., overpaid.46. Pensionable remuneration and simultaneous employment in more than one position, etc.Chapter 3 Pre-existing Public Service Pension Schemes (ss. 47-48)47. Extension of section 40 to pre-existing public service pension schemes.48. Application of Scheme to certain persons.Chapter 4 Provisions Applicable to all Public Service Pension Schemes (ss. 49-54)49. Duty to give information, etc.50. Use of Personal Public Service Number (PPSN).51. Duty to make declarations, etc.52. Abatement and reckoning of pensionable service.53. Cesser or reduction of benefit.54. Survivor's entitlement to pension.Chapter 5 Consequential Amendments (Part 2) (ss. 55-61)55. Amendment of Public Service Superannuation (Miscellaneous Provisions) Act 2004.56. Amendment of section 14 of Teaching Council Act 2001.57. Amendment of section 41 of Education (Welfare) Act 2000.58. Amendment of sections 105 and 106 of Planning and Development Act 2000.59. Amendment of sections 21 and 24 of Environmental Protection Agency Act 1992.60. Amendment of section 13 of Dublin Institute of Technology Act 1992.61. Amendment of section 2 of Ombudsman Act 1980.Part 3 Cost Neutral Early Retirement Provisions for Judges and Certain Court Officers (ss. 62-66)62. Definitions (Part 3).63. Amendment of section 2 of Act of 1961.64. Amendment of section 4 of Act of 1961.65. Amendment of section 5(1) of Act of 1991.66. Amendment of section 6 of Act of 1991.Part 4 Amendment of Financial Emergency Measures in the Public Interest Act 2010 (ss. 67-74)67. Definition (Part 4).68. Amendment of section 1 of Act of 2010.69. Amendment of section 2 of Act of 2010.70. Amendment of section 4 of Act of 2010.71. Amendment of section 5 of Act of 2010.72. Duty to give information, etc.73. Use of Personal Public Service Number (PPSN).74. Removal of doubts.Schedule - Bodies to which the Definition of "Public Service Body" does not Apply
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2013 - onwards
Version 2 of 2

41. Review of Scheme.

(1) The Minister may, from time to time, cause to be carried out either -

(a) an actuarial review or an actuarial review and revaluation of the Scheme or any part of it, or

(b) any other review of the Scheme, or any part of it.

(2) An actuarial review or an actuarial review and revaluation to which subsection (1)(a) relates shall be carried out by a person who -

(a) is qualified to provide actuarial services and is a fellow of the Society of Actuaries in Ireland or any successor body,

(b) is qualified to provide actuarial services in another Member State of the European Union, and whose qualification corresponds to that of a person to whom paragraph (a) relates, or

(c) is qualified to provide actuarial services in another state and is entitled to be a fellow of that Society or any equivalent or successor body by virtue of any mutual recognition agreements of that Society or of any successor body, respectively.

(3) A person carrying out an actuarial review or an actuarial review and revaluation to which this section relates shall be independent in the exercise of that function.

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