On 20 September 2022, Minister for Social Protection, Heather Humphreys, announced what she described as the “biggest ever structural reform of the Irish State Pension System”.

The measures, which were initially recommended by the Irish Pensions Commission¹, included, the introduction of a flexible State Pension age and the planned introduction of measures that will allow an employee to stay in employment until the State Pension age.

The need for the changes to the State Pension system were highlighted by the Pension Commission’s report which highlighted that the current system is not sustainable into the future. The Pension Commission therefore set forward a suite of recommendations to be considered by Government.

The approval by the Cabinet of some of these measures heralds a new era for the State Pensions system. A review of the key measures announced is carried out below:

Flexible state pension age

Changes to the State Pension age in Ireland have been fraught with controversy over recent years. The last change to the State Pension age took effect on 1 January 2014, whereby the State Pension age was increased from 65 to 66. The State Pension age was then set to be further increased from 66 to 67 in 2021 and 68 in 2028.

However, due to the public backlash expressed during the 2020 General Election, the Government deferred such increases and instead established the Pension Commission to consider the sustainability of the State Pension system.

The Government has now announced that, with effect from January 2024, people will have the option to continue working up until the age of 70 in return for a higher State Pension. Minister Humphreys stated that this flexible approach is an acknowledgment that a ‘one size fits all’ approach is not suitable since “everybody’s job and circumstances are different”. She contended that these measures aim to give people more choice as to when they will retire and to put the “power in people’s hand”.

The flexible approach will operate by allowing people to continue to draw their State Pension at the age of 66, however it will introduce the ability for people to continue working beyond the age of 66 until 70, in return for a higher pension. 

Under the proposed flexible model, and based on current payment rates, the five weekly payment rates are as follows:

• Age 66 – €253
  (current weekly rate)
• Age 67 – €266
• Age 68 – €281
• Age 69 – €297
• Age 70 – €315

This translates to a combined increase in the State Pension of 24% if a person was to remain in employment until age 70.

Measures to allow an employee to stay until state pension age

Although the Minister Heath Humphrey’s has provided limited detail on what ‘measures’ are likely to be introduced, the recommendations of the Pensions Commission may be indicative of what may be coming down the line.

The Pensions Commission recommended aligning retirement ages in employment contracts with State Pension age, by introducing legislation which will allow an employee to stay in employment until State Pension age. The proposed objectives of this legislation would be that an employer would not be permitted to set a mandatory retirement age below the State Pension age and such legislation would also apply to existing employment contracts overriding any provision which sets a mandatory retirement age below the State Pension age.

Employers to watch out

It is important for employers to stay alert to potential changes to employees’ rights when it comes to retirement. Employers will need to prepare and assess the potential effects on their business.

As it currently stands, mandatory retirement ages are generally provided in either employment contracts, company policies and/or by way of custom and practice.

To date, employers are permitted to fix a mandatory retirement age where it is objectively and reasonably justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

However, Minister Humphrey’s announcement implies that this position is about to change and employers may soon be prohibited from setting mandatory retirement ages below the State Pension age.

While no draft legislation has yet been proposed, employers should be alert to these potential changes which are proposed to be introduced in January 2024.