Equality Act 2004

whelanl

Registered User
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Does anyone have knowledge of the Equality Act 2004 with regard to working after normal retirement age.

all comments welcome
 
Can't remember anything in the Equality Act about working after the normal retirement age. I'm not sure what your problem is or do you wish to continue working after 65.
If your contract of employment states that you must retire at age 65 in that company,then that's it. If you are a civil servant (recruited prior to 2004) your retirement age is 65 or before if you choose.
However there are many people who work way beyond the standard retirement age
 
Give the Equality Authority a call. If they aren't out chasing the bats, they will be happy to take your call.
 
If I remember correctly a senior Garda recently took a case to keep working after the retirement age. He lost his case.
 
Thanks for all the replies which are most helpful.

Reply for Blacksheep.
Contract states that normal retirement is 65.
employed by semi state organisation recruited after 1st April 2004.
 
Purple: The Garda lost his case because the contract he signed up to when he entered the force had a retirement age of 53 - 58.

Last week a fireman won his case and was allowed to continue working to 65 even though the current retirement age is 58. At the time he entered the service his contract stated that the retirement age was 65 but has subsequently been altered.

Whelanl: I'm not sure if the abolition of the retirement age for civil servants also covers Semi-state bodies. If his contract states retirement age is 65 (and he did not query it before signing) then he may be bound by that contract.
 
Thanks Black Sheep.
This is exactly the point about the Semi State which I want to find out. The contract was signed in early 2005 before the act came into force.
Where would I find the exact wording in the act ?
 
See below from Budget 2004


MEASURES AFFECTING NEW ENTRANTS TO THE PUBLIC SERVICE
For new entrants to the public service, the following measures will be introduced with effect from 1 April 2004, except in those cases where, for legal or technical reasons, a later commencement date is required.
The minimum pension age will be increased to 65 for the generality of new entrants to the public service , including
- civil servants
- staff in education (including primary and second level teachers)
- staff in local government (including officers in the Fire Service)
- staff in the health services (including psychiatric staff employed under the Mental Treatment Act) and
- staff in non-commercial State Sponsored bodies.
The compulsory retirement age of 65 will be removed for new entrants , enabling staff to remain in work should they wish, subject to suitability and health requirements. Pension benefits for new entrants will accrue on a standard basis (i.e. one year's credit for one year's service up to a maximum of 40 years' service). For some categories (psychiatric nurses and others covered by the Mental Treatment Act and officers in the Fire Service), this means that the doubling of service after 20 years for pension purposes (effectively allowing a full pension to be obtained after 30 years' service rather than the standard 40 years) will not apply to people recruited on or after 1 April 2004.
The minimum pension age will be increased to 65 for members of the Oireachtas and Office Holders elected or appointed on or after 1 April 2004 . There will be no changes in the pension accrual rate for this group.
The minimum pension age will be increased to 55 for new entrant Gardaí and Prison Officers and in the case of Gardaí, the compulsory retirement age for new entrants will be increased to 60, subject to annual health and fitness certification after age 55. The current minimum pension age of 55 for Fire-fighters will be retained for new entrants. There will be no changes in the pension accrual rate for this group.
As recommended by the Commission, a new pension scheme will be designed for new entrants to the Defence Forces . This will include a minimum pension age of 50 and the accrual of maximum pension over 30 years.
It is estimated that the annual savings , which will arise from the introduction of these pension changes, will be of the order of €300 million in current terms in 30-40 years time , with some savings being realised earlier than that.
It is emphasised that these changes do not in any way affect existing staff or pensioners.
The public service unions will be fully informed as to the details of the implementation of the reforms in advance of their introduction for new entrants on 1 April 2004.
 
Hi Black Sheep.

Really appreciate your information on this as it will form the basis of my application to keep working where I am . thanks again.
 
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