Dáil Éireann Debate, Wednesday - 12 December 2012
93. Deputy Patrick O'Donovan asked the Minister for Education and Skills when a decision on early retirement will be made in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [55894/12]
View answerOfficials in my Department have made enquiries with the employer of the person to whom the Deputy refers and established the facts of the case. An application for ill health retirement pension benefit was made by the person to whom the Deputy refers and the application was processed by the employer in accordance with my Department's guidelines. The application for retirement pension benefit on grounds of permanent ill-health was not successful and the person to whom the Deputy refers was informed of this outcome and provided with details of the appeals process. The person to whom the Deputy refers subsequently appealed and in line with the procedures the person to whom the Deputy refers chose from the approved list provided the medical physician to carry out the medical assessment for the appeal. The appeal was unsuccessful and the person to whom the Deputy refers was notified of this by the employer on 26 June 2012 and informed that is it open to pension scheme members to make application for a determination in relation to a complaint or dispute through the Internal Disputes Resolution procedure operated by the Department of Education and Skills. The person referred to by the Deputy was also informed that scheme members should establish whether or not the complaint or dispute is one in respect of which the Pensions Ombudsman has jurisdiction to investigate under section 131 of the Pensions Act 1990 (No. 25 of 1990). My Department has not received an application for a determination through the Internal Disputes Resolution procedure from the person to whom the Deputy refers.
Appendix A
Information on Internal Disputes Resolution and Pension Ombudsman Office
It is open to you to make application for a determination in relation to a complaint or dispute through the Internal Disputes Resolution procedure operated by the Department of Education and Skills.
The procedure is as follows:
Application
An application shall be in writing, signed by or on behalf of the actual or potential beneficiary and shall contain the following details;
- the full name, address and date of birth of the actual or potential beneficiary
- the address to be used for service or documents in connection with the application
- a statement concerning the nature of the complaint or dispute with sufficient details to show why the actual or potential beneficiary is aggrieved
- such other information as the Minister may reasonably require
Determination
The Minister shall make a determination in relation to the application and notify in writing the complainant of the determination within 3 months from the date on which all the details specified above are received.
The determination shall include:
- a statement of the determination
- a reference to any legislation (other than the pension scheme), legal precedent, ruling of the Pensions Board, ruling or practice of the Revenue Commissioners or other material relied upon in making the Determination
- a reference to the provisions of the pension scheme relied upon in making the determination and, where a discretion has been exercised, a reference to those of its provisions by which such discretion is conferred
- a statement that the determination is not binding upon any person unless, upon or after he making of the determination, the person assents, in writing, to be bound by it, and
- a statement that the applicant should establish whether or not the complaint or dispute is one in respect of which the Pensions Ombudsman has jurisdiction to investigate under section 131 of the Pensions Act 1990 (No. 25 of 1990) and that further information can be found in an information booklet available from the Officer of the Pensions Ombudsman, The Pensions Ombudsman Office, 36, Upper Mount St., Dublin 2. Telephone (01)6471650 or www.pensionsombudsman.ie.
