S.I. No. 153 of 2014


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S.I. No. 153 of 2014

EUROPEAN UNION (TRANSFER OF PENSION RIGHTS TO AND FROM PENSION SCHEME OF EUROPEAN UNION'S INSTITUTIONS) REGULATIONS 2014

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Article 11 of Annex VIII of the Staff Regulations of Officials of the European Communities provides for the rules relating to the transfer, in certain circumstances, of the existing pension rights of persons who—

  1. become officials of any of the institutions, bodies or agencies of the European Union, or
  2. leave employment in any of the institutions, bodies or agencies of the European Union.

These Regulations provide for the detailed arrangements for such transfers. Part 2 of the Regulations makes provision for the transfer to the Pension Scheme of the European Union's Institutions of pension rights which have accrued under the Irish PRSI system in relation to—

  • State Pension (Contributory),
  • State Pension (Transition),
  • Widow's (Contributory) Pension,
  • Widower's (Contributory) Pension, or
  • Surviving Civil Partner's (Contributory) Pension,

where a person who has worked in this State and takes up employment in any of the institutions, bodies or agencies of the European Union so chooses. These arrangements include the provision of information relating to capital value of such pension rights and the adjustment of the value of these rights in line with Consumer Price Index increases.

Where such pension rights are transferred to the Pension Scheme of the European Union's Institutions, Part 2 of the Regulations also provides that the PRSI contributions in respect of which such a transfer has been made will no longer be reckoned for the purposes of calculating entitlement to any of the above pensions.

Part 3 of these Regulations provides for the detailed arrangements for transfers of pension rights which have accrued under the Pension Scheme of the European Union's Institutions to the Irish PRSI system where the person so chooses. These arrangements include the determination of—

  • the type and nature of contributions to be awarded under the Irish PRSI system in respect of the accrued pension rights transferred from the Pension Scheme of the European Union's Institutions,
  • the period during which such contributions will be awarded under the Irish PRSI system,
  • the capital value to be transferred in relation to those contributions, and
  • the types of pension for which those contributions will be reckoned.

Where a former EU official transfers his or her pension rights to the Irish PRSI system, having previously transferred PRSI pension rights to the Pension Scheme of the European Union's Institutions, the restriction relating to the reckoning of Irish PRSI contributions for pension purposes arising from the earlier transfer will be lifted.

Part 3 of the Regulations also provides for the determination of the date of entry into insurance for the purposes of entitlement to any of the pensions specified above, in the case of a former EU official who transfers his or her pension rights to the Irish PRSI system.

Last modified:11/04/2014