46AMember may elect to increase partner's pension entitlement in certain circumstances

46A Member may elect to increase partner's pension entitlement in certain circumstances

S. 46A(1) amended by Nos 42/1990
s. 13(b), 40/2010 s. 33(2).

(1) A member of the police force to whom this Part applies may at any time not more than six months and not less than three months before attaining the age of his retirement make a proposal to increase the pension that would be payable to his partner should he predecease the partner after his retirement in consideration of—

(a) a reduction of the amount of pension that would be payable to him after his retirement; or

S. 46A(1)(b) amended by No. 120/1994

(b) a payment to the ESS Board.

S. 46A(2) amended by No. 40/2010 s. 33(2)(3).

(2) A member may not propose an increase in the pension payable to the partner if the increase in the partner's pension would make the partner's pension more than two-thirds of the pension that would be payable to the member upon his retirement disregarding the reduction (if any) proposed to be made.

S. 46A(3) amended by Nos 120/1994
s. 6(1)(g), 40/2010 s. 33(3).

s. 46A

(3) Every such proposal shall be in writing in the prescribed form signed by the member, shall be lodged with the ESS Board and shall specify (as the case requires) the amount by which the member proposes to reduce his pension or the amount he proposes to pay to the Board for the purchase of an increase in his partner's pension or both the amount so proposed to be reduced and the amount so proposed to be paid.

S. 46A(4) amended by No. 23/1994
s. 118 (Sch. 1 item 43.3), substituted by No. 120/1994 s. 9(2).

s. 46A

(4) The ESS Board must—

(a) arrange for the member to be examined by a registered medical practitioner appointed by the ESS Board; and

(b) forward to an actuary appointed by the ESS Board the medical report prepared under paragraph (a) together with any information that the ESS Board considers the actuary may require in relation to the member's proposal.

S. 46A(5) amended by Nos 120/1994

(5) The actuary shall consider the information and medical report and shall advise the Board on the member's proposal and certify the amount of the increase in the partner's pension that would in the opinion of the actuary be justified as a result of the proposed reduction in the member's pension or the proposed payment by the member.

S. 46A(6) amended by No. 120/1994
s. 9(3).

(6) If the Board approves the member's proposal the Board shall notify the member in writing of such approval and of the amount certified to the Board by the actuary in accordance with the provisions of subsection (5).