As noted in my response to Parliamentary Question No. 163 of 5 November 2019, the individual in this case is subject to application of Section 52 subsections (6) and (7) of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, which imposes a limit on the total amount of pensionable service which can be taken into account when calculating a public servant’s pension entitlements where an individual has been a member of more than one public service pension scheme.
As a result of a number of issues that have arisen in relation to the Section 52 benefit cap, my Department has carried out a review into the operation of the provision. As part of the review, further legal advice from the Office of the Attorney General has been sought. Once that advice has been received, new/revised guidance will be developed and issued as appropriate. At that stage, the administrators of the final pension scheme in this case will be in a position to consider the implications of the guidance for the pension entitlements of the individual concerned, and to communicate with the individual accordingly.