As noted in my response to Parliamentary Question No. 155 of 10 December 2019, the individual in this case is subject to application of the pensions benefit cap under section 52 subsections (6) and (7) of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012. The benefit cap 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.
I can advise the Deputy that my Department has completed the review into the operation of the benefit cap that I referred to in my previous reply, and I have now asked my officials to draw up new guidance on application of the benefit cap to replace the previous guidance set out in DPER Circular 15/2016.
The new Circular is currently being progressed and will have implications for cases in which application of the benefit cap arises including the case you have referenced. It aims to bring greater clarity to the calculation of the pension entitlements of individuals affected.
Once the Circular has issued, my officials will be available to provide appropriate assistance to the administrators of public service pensions schemes in the implementation of the guidance in cases to which the benefit cap applies.