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Dáil Éireann debate -
Tuesday, 17 Dec 2002

Vol. 559 No. 5

Written Answers. - Departmental Correspondence.

Finian McGrath

Question:

225 Mr. F. McGrath asked the Minister for Education and Science if he will investigate a case (details supplied) and ensure that the person concerned receives justice, particularly in relation to the CDVEC; and if he will make a statement on the matter. [26635/02]

The person referred to by the Deputy served with City of Dublin Vocational Education Committee as a lecturer in the College of Marketing and Design up to May 1977 when she was suspended from duty. She never returned to service. She sought a pension from the committee in 1991 under the terms of the local government superannuation scheme but the committee decided that the lecturer was not entitled to payment. She was notified of this decision by letter dated 8 July 1992. In accordance with the provisions of the scheme, the lecturer was entitled to appeal, within a period of six months of being notified of the decision, to the Minister for the Environment. No appeal was made within the required period.

The lecturer died in September 2000. Her sister subsequently entered into correspondence with the VEC and with this Department regarding the lecturer's superannuation entitlements. Following the transfer of superannuation functions of staff in institutes of technology to the Department of Education and Science in January 2001, it is this Department which now has regulatory responsibility for dealing with questions of superannuation in these institutions, including appeals by staff members against decisions made by the institutions.

It is not clear from the correspondence which has come to light that the lecturer was advised of her right to appeal at the time when her application for a pension was refused in 1992. Although there is no reference to the right of appeal in the letter of 8 July, it is possible that she was advised of her rights in this regard in previous correspondence and the letter of 8 July makes specific reference to earlier letters. My Department has requested copies of these earlier letters from the VEC.
On receipt of the correspondence requested, my Department will consider this matter further. If it is apparent that the lecturer was not notified of her right of appeal in 1992, my Department will be prepared to regard her sister's inquiries as constituting an appeal at this stage.
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