If we keep employees on after 65 do they still have to pay into the pension scheme from their wages and do we still have to make employer contributions, even if the scheme rules state they are entitled to receive contractual pension at 65?

Posted in : First Tuesday Q&A ROI on 7 August 2013
Zelda Cunningham
Arthur Cox
Issues covered:

Under Irish law, there is no prohibition (other than in the public sector) on employees receiving both their pension and remuneration, unless there is a contrary provision in the pension scheme rules. Usually, pension contributions are discretionary for employers, and the obligation to make pension contributions will generally be a matter of agreement, express or implied, between the employer and employers. Further, notwithstanding potential exposure to discrimination claims when implementing a retirement age, employer’s consent is usually required under the pension scheme for employees to continue working past the retirement age.

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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