Dáil Éireann Debate, Tuesday - 25 October 2011
217 Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if he will confirm if public servants’ contracts of employment, in general, only require one month’s notice of a person’s intention to retire or resign; if his well intentioned request for three months’ notice has no legal effect; and if he will make a statement on the matter. [31190/11]
View answerThe notice period required in contracts of employment can vary across the Public Service.
The three month notice period was introduced across the Public Service in light of the particular circumstances that we now face. It is anticipated that there could be a large increase in the number of retirements of staff in the run up to the end of the "grace period" i.e. the period during which the calculation of pension is unaffected by the pay reductions applied under the Financial Emergency Measures in the Public Interest (No 2) Act 2009 . In order to protect public services it is critical that management in each of the sectors have knowledge of the numbers of staff retiring and the business areas that will be affected by potentially large scale departures.
We are also required under the terms of our Memorandum of Understanding with the EU/ECB/IMF to make quarterly returns on the progress being made in relation to reductions in numbers. Accurate and early information on intended retirements will be an important part of this reporting requirement. It will provide information on whether the reduction in the public service pay bill arising from impending retirements is sufficient to meet our commitments under the Memorandum of Understanding.
In light of the potential demands on HR and pensions sections across the Public Service, the three month notice period will also allow time to process applications for retirement. While the three month notice period has no direct legal force, where staff fail to give the full three months notice it may result in a delay in the payment of their pension benefit.
The three month notice period was introduced specifically to deal with retirements coming up to February 2012 and further instructions will issue in relation to the notice period for retirements which take place after 29 February 2012.
