Pension Capped -Pension reduced

Currently retiring from Public Service . I am in my 60's
I previously served in the Defence Forces Pension for 14 years and I am in receipt of such pension.

I have worked part time in the Public service for 18 years since 2003 and my service amounted to just under 10 years
My combined Public Service is appox. 23 years .

For the rest of the time I worked in private industry and also studied full time for a couple of years.

I have just been notified that as I am in receipt of another Public Service Pension (Fefence Forces Pension) my benefits will be capped at 2012 under the Public Services Pensions (Single Scheme and Other Provisions) Act 2012.
This means effectively nearly five years of service heave been eliminated for pension purposes and they are reducing my pension by that amount and also my lump sum has also been reduced accordingly.
I have paid full pension contributions for that period of time.

How is this even legal?

It's a strange one!

The pensions benefit cap introduced under section 52 (6) and (7) of the Public Service Pensions (Single Scheme and other Provisions) Act 2012 provides that where a public servant is entitled to receive pension benefits from one or more than one preexisting public service pension scheme then no more than the ‘equivalent of 40 years’ service’ can be used in calculating the benefits payable under that scheme or those schemes;

So I could understand your pensions being capped if you had more than 40 years combined service, but as you only spent 14 years in the PDF, you didn't have any doubling of service.

I tried reading the documents at the link below (and l studied the examples provided) but I couldn't understand how applying the model at paragraph 17 would have affected you in the way that you describe. Has your current employer provided a document explaining how they came to the conclusion that you mention above? If not, maybe ask for further clarification as the rationale seems curious.

13/2020 Guidance on the application of the Pensions Benefit Cap under section 52 (6) and (7) of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012

www.gov.ie