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Chapter XIV - The Church of Ireland Clergy Pensions Fund
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Chapter XIV - The Church of Ireland Clergy Pensions Fund (part 2)

RETIREMENT BENEFITS (EPISCOPAL)

67. Sections 68 to 80 and 94 to 95 (inclusive) shall apply to an archbishop, bishop or surviving spouse of an archbishop or bishop who had entered episcopal service in the Church of Ireland on or before 31st December 2010.

68. Nothing herein contained shall affect any right existing on 31st December 1978, in any person under the provisions of sections 30 to 40 (inclusive) of Chapter VI of the statute entitled the Constitution of the Church of Ireland (Chapter I of 1978), but such right shall continue to exist and shall be enforceable as if the said sections 30 to 40 of the said Chapter VI had not been repealed.

69. The annuities which immediately prior to the enactment of sections 67 to 95 of this Chapter and under section 68 hereof were payable to surviving spouses of archbishops and bishops out of the Fund for the Augmentation of the Incomes of Bishops’ Widows, shall be payable out of the Fund.

70. (1) An annual contribution at a rate to be fixed in each case by the Trustee, on the advice of the Actuary, shall be payable in respect of each archbishop and bishop who shall enter episcopal service after 1st January 1979.

(2) The contribution prescribed under sub-section (1) shall be additional to the contributions fixed under section 34.

(3) The contribution prescribed under sub-section (1) shall be payable to the Fund monthly by the Representative Body.

(4) A contribution prescribed under sub-section (1) shall not be payable in respect of any archbishop or bishop after that archbishop or bishop has reached normal retirement age or has retired whichever is the earlier.

71. Where an archbishop or bishop was not a member of the Fund immediately prior to entry upon episcopal service after 1st January 1979, section 25(2) shall apply.

72. (1) An archbishop or bishop who was in episcopal service on 17th May 1990 and who has fulfilled the requirements of section 25 of Chapter VI shall receive a pension calculated in the following manner:

(i) forty sixtieths of the Pensionable Stipend in force on the last day of episcopal service:  Provided that if as a member of the Fund such person is entitled to an increased pension under section 46, such person shall receive instead such increased pension; and
(ii) forty sixtieths of the difference between the Pensionable Stipend in force on the last day of episcopal service and the Pensionable Episcopal Stipend (as the case may be) as fixed by the Representative Body and in force on the last day of episcopal service.

(2) An archbishop or bishop who enters episcopal service after 17th May 1990 and who has fulfilled the requirements of section 25 of Chapter VI shall receive a pension calculated in the following manner:

(i) forty sixtieths of the Pensionable Stipend in force on the last day of episcopal service:  Provided that if as a member of the Fund such person is entitled to an increased pension under section 46, such person shall receive instead such increased pension; and
(ii) in respect of each completed year of episcopal service up to a maximum of twelve years one eighteenth of the difference between the Pensionable Stipend in force on the last day of episcopal service and the Pensionable Episcopal Stipend (as the case may be) as fixed by the Representative Body and in force on the last day of episcopal service.

73. An archbishop or bishop whose resignation has been accepted under section 27 (2) of Chapter VI shall receive a pension of an amount to be determined by the Trustee on the advice of the Actuary.

74. Where an archbishop or bishop has become entitled to a pension under section 72, and such archbishop or bishop is subsequently instituted or licensed to a paid ecclesiastical office in the Church of Ireland or elsewhere, the following provisions shall apply:
(a) Such archbishop or bishop shall not be entitled to receive a further lump sum upon ceasing to hold such office.
(b) Such archbishop’s or bishop’s legal personal representatives shall not be entitled to receive any benefit under section 51 or section 76.

75. An archbishop or bishop whose resignation has been accepted under section 26(3) of Chapter VI shall receive an ill health early retirement pension equal to 90% of a pension calculated in the manner laid down in section 72(1) or (2), as the case may be.

Provided that if an archbishop or bishop, to whom this section refers, is unable to carry out archiepiscopal or episcopal duties for a period of six months (or such shorter period not in any event being less than three months as the Trustee may in any particular case determine) before the date appointed under section 26(3) of Chapter VI, such archbishop’s or bishop’s pension shall be calculated in the manner laid down in section 72(1) or (2), as the case may be.

76. Where an archbishop or bishop dies in episcopal service before reaching normal retirement age there shall be paid to such archbishop’s or bishop’s legal personal representatives a lump sum of six times the pension to which such archbishop or bishop would have been entitled on having retired on the date of death.

77. (1) When an archbishop or bishop, the payment of whose pension commenced after 1st January 1986, dies not more than five years after the date on which such payment commenced, there shall be paid to such archbishop’s or bishop’s legal personal representatives a lump sum as may be determined by the Trustee on the advice of the Actuary representing the annual rate of pension operative on the date of such archbishop’s or bishop’s death multiplied by the number of years and portion of a year from the date of death to the date which is five years after the date on which payment commenced.

(2) When an archbishop or bishop dies after 1st January 1986 in episcopal service after reaching normal retirement age, such archbishop or bishop shall be deemed for the purposes of this section to have retired on pension on the date of death.

78. (1) The surviving spouse of an archbishop or bishop who dies before reaching normal retirement age while in episcopal service on or after 17th May 2001 shall receive from the date of such archbishop’s or bishop’s death a pension at the rate of two-thirds of the pension which such archbishop or bishop would have received if at the date of death such archbishop or bishop had retired without exercising the option to commute under section 96 and had completed prospective episcopal service to normal retirement age.

(2) The surviving spouse of an archbishop or bishop who was in episcopal service on 1st January 1979 or who entered episcopal service after that date and who is retired on pension on 18th May 1989, and the surviving spouse of an archbishop or bishop who was in episcopal service and aged 70 years or over on 18th May 1989, shall receive a pension at the rate of eight-ninths of the deceased archbishop’s or bishop’s pension entitlement at the date of that archbishop’s or bishop’s death.

(3) The surviving spouse of any other archbishop or bishop who was in episcopal service on 1st January 1979 or who enters episcopal service after that date shall receive a pension at the rate of two-thirds of the deceased archbishop’s or bishop’s pension entitlement at the date of death or, if that archbishop or bishop had exercised the option to commute under section 96, two thirds of what that archbishop’s or bishop’s pension entitlement would have been at the date of death if such archbishop or bishop had not so commuted.

79. (1) The surviving spouse of an archbishop or bishop who is in receipt of a benefit under section 78 shall receive a child dependency allowance equal to one third of the said surviving spouse’s pension in trust for each of the archbishop’s or bishop’s children, until the child attains the age of 18 years or, if engaged in third-level education, 23 years, or marries, whichever is the earlier:

Provided that the total amount payable to the said surviving spouse under section 78 and as trustee as aforesaid under this section shall not exceed two-thirds of the Pensionable Episcopal Stipend in force on the last day of the deceased archbishop’s or bishop’s service.

(2) The Trustee may at its discretion and without the limitation of age prescribed by sub-section (1) of this section pay a child dependency allowance in respect of a child of any age of an archbishop or bishop who dies in, or retires on pension from, episcopal service after 1st January 1986 where the medical panel has certified that such child is at the date of death of the archbishop or bishop or upon reaching the age of 18 years (whichever is the later) wholly incapable of self-support by reason of physical or mental handicap.

80. Where an archbishop or bishop dies in episcopal service on or after 1st January 1980, such archbishop’s or bishop’s pension entitlement for the purposes of sections 76, 78 and 79 shall be calculated in accordance with section 72.

81. Sections 82 to 95 (inclusive) shall apply to an archbishop, bishop or surviving spouse of an archbishop or bishop who enters episcopal service in the Church of Ireland on or after 1st January 2011.

82. (1) An annual contribution at a rate to be fixed in each case by the Trustee, on the advice of the Actuary, shall be payable in respect of each archbishop and bishop who shall enter episcopal service on or after 1st January 2011.

(2) The contributions prescribed under sub-section (1) shall be additional to the contributions fixed under section 34.

(3) The contributions prescribed under sub-section (1) shall be payable to the Fund monthly by the Representative Body.

(4) A contribution prescribed under sub-section (1) shall not be payable in respect of any archbishop or bishop after that archbishop or bishop has reached normal retirement age or has retired whichever is the earlier.

83. Where an archbishop or bishop was not a member of the Fund immediately prior to entry upon episcopal service on or after 1st January 2011, section 25(2) shall apply.

Normal Retirement Pension
84.
An archbishop or bishop who has fulfilled the requirements of section 25 of Chapter VI at normal retirement age shall receive a pension calculated in accordance with the provisions of sub-sections (1) and if applicable, sub-section (2) below:

(1) The number of completed years of Service as a member of the Fund, but excluding such years in excess of 40, multiplied by one sixtieth of the Pensionable Episcopal Stipend in force on the last day of such member’s service.

(2) Any additional service to credit under sections 88 and 89 multiplied by one sixtieth part of the Pensionable Stipend in force on the last day of such member’s service.

85. Where an archbishop or bishop has become entitled to a pension under section 84, and such archbishop or bishop is subsequently instituted or licensed to a paid ecclesiastical office in the Church of Ireland or elsewhere no further pension benefit shall accrue in respect of the subsequent paid ecclesiastical office held.

Early Retirement Pension 
86.    An archbishop or bishop whose resignation has been accepted under section 27 (2) of Chapter VI shall receive a pension of an amount to be determined by the Trustee on the advice of the Actuary.

Ill Health Pension
87.
An archbishop or bishop whose resignation has been accepted under section 26(3) of Chapter VI shall receive an ill health early retirement pension equal to 90% of a pension calculated in the manner laid down in section 84.
Provided that if an archbishop or bishop, to whom this section refers, is unable to carry out archiepiscopal or episcopal duties for a period of six months (or such shorter period not in any event being less than three months as the Trustee may in any particular case determine) before the date appointed under section 26(3) of Chapter VI, such archbishop’s or bishop’s pension shall be calculated in the manner laid down in section 72.

Additional Personal Contributions
88.
An archbishop or bishop who is unable to complete 40 years of service before reaching normal retirement age may make additional personal contributions to purchase additional service. The contributions and benefits in relation to such service shall be based on the Pensionable Stipend and shall be subject to the provisions of section 48(1) to (4) of this Chapter. 

Other
89.
The pension benefit calculated in relation to service credited as a result of a pension transfer received under section 30 (2) shall be based on the Pensionable Stipend.

Death Benefits and Surviving Spouse’s Pension
90.
Where an archbishop or bishop dies in episcopal service before reaching normal retirement age there shall be paid to such archbishop’s or bishop’s legal personal representatives a lump sum of six times the pension to which such archbishop or bishop would have been entitled on having retired on the date of death.

91. (1) When an archbishop or bishop, the payment of whose pension has commenced, dies not more than five years after the date on which such payment commenced, there shall be paid to such archbishop’s or bishop’s legal personal representatives a lump sum as may be determined by the Trustee on the advice of the Actuary representing the annual rate of pension operative on the date of such archbishop’s or bishop’s death multiplied by the number of years and portion of a year from the date of death to the date which is five years after the date on which payment commenced.

(2)    When an archbishop or bishop dies in episcopal service after reaching normal retirement age, such archbishop or bishop shall be deemed for the purposes of this section to have retired on pension on the date of death.

92. (1) The surviving spouse of an archbishop or bishop who dies before reaching normal retirement age while in episcopal service shall receive from the date of such archbishop’s or bishop’s death a pension at the rate of two-thirds of the pension which such archbishop or bishop would have received if at the date of death such archbishop or bishop had completed prospective episcopal service to normal retirement age.

(2)    The surviving spouse of an archbishop or bishop who dies after reaching normal retirement age while in episcopal service shall receive a pension at the rate of two-thirds of the deceased archbishop’s or bishop’s pension entitlement at the date of death, or, if such archbishop or bishop had exercised the option to commute under section 96, two thirds of what that archbishop’s or bishop’s pension entitlement would have been at the date of death if such archbishop or bishop had not so commuted. 

93. (1) The surviving spouse of an archbishop or bishop who is in receipt of a benefit under section 92 shall receive a child dependency allowance equal to one third of the said surviving spouse’s pension in trust for each of the archbishop’s or bishop’s children, until the child attains the age of 18 years or, if engaged in third-level education, 23 years, or marries, whichever is the earlier:

Provided that the total amount payable to the said surviving spouse under section 92 and as trustee as aforesaid under this section shall not exceed two-thirds of the Pensionable Episcopal Stipend (as the case may be) as fixed by the Representative Body and in force on the last day of the deceased archbishop’s or bishop’s service.

(2) The Trustee may at its discretion and without the limitation of age prescribed by sub-section (1) of this section pay a child dependency allowance in respect of a child of any age of an archbishop or bishop who dies in, or retires on pension from, episcopal service after 1st January 2011 where the medical panel has certified that such child is at the date of death of the archbishop or bishop or upon reaching the age of 18 years (whichever is the later) wholly incapable of self-support by reason of physical or mental handicap.

94. The rate of
(a) every pension payable to an archbishop or bishop under section 69 or any of sections 72, 74 75 and 84, 86, 87 of this Chapter,

(b) every pension payable to the surviving spouse of an archbishop or bishop under section 69 or sections 78 and 92 of this Chapter, and

(c) every child dependency allowance payable under sections 79 and 93 of this Chapter
which was in course of payment on 31st December 1980 or any subsequent year shall be increased with effect on and from 1st January of the following year by the same percentage as that determined under section 62 of this Chapter.

95. Sections 22, 23 (subject to the qualification contained in section 74), 24, 45, 54, 55, 56, 57, 59, 63, 64, 65 and 66 shall apply to the benefits payable under sections 72 to 94.

COMMUTATION OF PENSIONS

96. (1) A member of the Fund in the Republic of Ireland on reaching normal retirement age may opt either
(a)  to commute not more than one fourth of the pension to which such member would be entitled upon retiring on that day into a lump sum at such rate as the Trustee may determine on the advice of the Actuary in which case the lump sum shall be payable forthwith and the pension entitlement under sections 42, 45, 46 and sections 72, 84 shall be reduced by a percentage identical with the percentage of the pension which has been commuted; or

(b) to defer a decision until retirement.

(2) A member of the Fund who retires from the service of the Church of Ireland before reaching normal retirement age, or who retires after reaching that age (having deferred a decision under sub-section (1) if appropriate) may opt to commute not more than one fourth of the pension to which such member is entitled into a lump sum at such rate as the Trustee may determine on the advice of the Actuary.

(3) The exercise of an option under sub-section (1) or (2) shall be in writing, shall be made not less than one month nor more than six months before the relevant date, and when received by the Board shall be irrevocable.

(4) In no case shall a lump sum exceed one and a half years’ Minimum Approved Stipend of the office held by the member concerned (or, in the case of an archbishop or bishop, one and a half times the Episcopal Stipend, as the case may be, as fixed by the Representative Body) in force at the date on which the lump sum becomes payable under sub-section (1) (a) or (2).

CERTIFICATE OF CONTINUED SOLVENCY

97. The General Synod shall not consider any motion affecting the system of benefits and contributions set out in this Chapter unless the Actuary has certified that the solvency position of the Fund will not be adversely affected to a material extent.

COMPLIANCE WITH PENSIONS ACT

98.    This Chapter and the Fund are subject to the Pensions Act and shall take effect subject to any modification necessary to comply with it.  The duties of the Representative Body, the Trustee, the Actuary and the Auditor shall be regulated by and carried out in accordance with the Pensions Act.

COMPLIANCE WITH TAXES ACT

99.    The Fund is a retirement benefit scheme as defined by section 771 of the Act, capable of being treated by the Revenue Commissioners as an Exempt Approved Scheme.  Notwithstanding anything in this Chapter, no benefit shall be provided under the Fund which would exceed the maximum benefit permitted, or would otherwise conflict with requirements imposed, by the Revenue Commissioners from time to time as a condition of approval under the Act.  Any benefit otherwise provided shall be reduced or varied as may be necessary to ensure that the maximum is not exceeded and that there is no conflict with the requirements of the Revenue Commissioners.
 

 

SCHEDULE 1

Service in the Foreign Mission Field

1. Subject to the provisions of this schedule, service in the foreign mission field (in this schedule referred to as such service) may be reckoned as equivalent for the purposes of this Chapter to service in the Church of Ireland, and an applicant who fulfils the conditions prescribed by sub-section (2) of this schedule shall be entitled to apply for and receive a retiring annuity notwithstanding the fact that such applicant is not a Member of the Clergy of the Church of Ireland at the date of application.

2. Before allowing any years of such service to be so reckoned in the case of any applicant for a retiring annuity the Trustee shall be satisfied that

(a) such applicant served in the Church of Ireland for at least two years before entry upon such service;
(b) such applicant’s entry upon such service was with the approval of the bishop of the diocese in which such applicant was last so serving, the fact of such approval being notified by the bishop to the Board at the time thereof;
(c) during any interval that intervened between such applicant’s service in the Church of Ireland and entry upon such service such applicant was not in any paid employment other than such as under any of the provisions of this Chapter is deemed to be service in the Church of Ireland; and
(d) such service was performed under the direction or authority of a society or organisation working in connection with the Church of Ireland or a Church in communion therewith or in a Church in communion with the Church of Ireland.

3. For the purpose of determining the amount of the retiring annuity to be granted to an applicant only those years of such service shall be reckoned in respect whereof an annual contribution to the Fund has been made by or on behalf of the applicant.

SCHEDULE 2
Service as Chaplain in Armed Forces
 

1.Service by a Member of the Clergy of the Church of Ireland as an acting Naval, Military, or Air Force Chaplain under conditions of active service, with leave of absence for that purpose from the bishop of the diocese (duly notified by the bishop to the Board), shall for the purposes of this Chapter be deemed to be and shall be recognised as service in the Church of Ireland.

2. In the case of any Member of the Clergy who resigned a benefice, curacy or other office in the Church of Ireland, for the purpose of taking service as an acting Naval, Military or Air Force Chaplain under conditions of active service with the consent of from the bishop of the diocese (duly notified by the bishop to the Trustee) and afterwards became beneficed or licensed in the Church of Ireland, the Trustee, at its discretion, upon the application of the diocesan council of the diocese in which such person is beneficed or licensed, made within one year from the date of such person’s institution or licence, and on being satisfied by a report by a medical panel appointed and paid by it that such person is not disabled by age or infirmity from the efficient discharge of ministerial or official duties, may recognise that such person, while serving as such chaplain, has served in the Church of Ireland for the purposes of this Chapter.