Paul Kehoe
Question:89. Deputy Paul Kehoe asked the Minister for Education and Skills if a person (details supplied) will have a pension penalty if service is broken; and if he will make a statement on the matter. [27270/18]
View answerThursday, 21 June 2018
Questions (89)
Written answers
In 2004 the Public Service Superannuation (Miscellaneous Provisions) Act 2004 became law. This legislation set the minimum pension age at age 65 for most public servants, including teachers, appointed for the first time on or after 1 April 2004 and for those who returned to public service employment on or after that date following a break of more than 26 weeks in their public service employment. In addition the legislation removed the compulsory retirement age for persons covered by it. Following the enactment of the legislation in 2004 a detailed circular was issued to the Management Authorities of schools on this matter by my Department. A return to public service employment directly from a period of approved leave of absence paid or unpaid or other statutory leave does not constitute a break in service for the purposes of the Act.
Based on the information provided by the Deputy, it appears that the person in question commenced public service employment as a teacher in 2000 when the minimum pension age was age 60, although teachers could also retire on pension on reaching age 55 years having completed 35 years of reckonable teaching. However, the person left his/her public service position in 2006 and a period of more than 26 weeks elapsed before his/her return to teaching. While the change in legislation had occurred some years prior to leaving, it was on return to teaching in 2008 that his/her superannuation terms were governed by the provisions of the 2004 Act. Although the 2004 Act changed the minimum age at which pension may be paid the method of calculation of pension benefits remains the same as that which applied when the person first commenced teaching in 2000.