Dáil Éireann Debate, Thursday - 2 May 2024
75. Deputy Marian Harkin asked the Minister for Public Expenditure, National Development Plan Delivery and Reform to explain the different pension arrangements that are in place for members of An Garda Síochána who joined the force pre-and post-1995; and if he will make a statement on the matter. [19825/24]
View answerWill the Minister explain the different pension arrangements in place for members of An Garda Síochána who joined the force pre- and post-1995? In particular, I want a timeline as to when there will be a change in the system whereby gardaí who retire on full pension after 30 years are forced to claim jobseeker's benefit for nine months and then jobseeker's allowance until they receive their full pension.
The majority of public servants recruited before 6 April 1995 pay class B or class D PRSI. This cohort of staff has no entitlement to social insurance benefits such as jobseeker’s benefit, the State pension contributory, SPC, or illness benefit. Their occupational pension and lump sum forms the entirety of their pension benefit from the public service.
For all new entrants to the public service on or after 6 April 1995, the date of the introduction of full social insurance for public servants who now pay class A PRSI, and before 1 January 2013, which was the introduction of the single public service pension scheme, including members of An Garda Síochána, their pension payment comprises of three components, namely a public service occupational pension; a social insurance benefit; and, where the full rate of SPC is not payable, a supplementary pension may be payable up to value of the full State pension, subject to eligibility, by the public service employer.
Where a public service employee does not qualify for the SPC or qualifies for a social insurance benefit at less than the value of the State pension, they may be entitled to a supplementary pension, subject to certain eligibility criteria.
These conditions refer to a retired public servant not being in paid employment; a retired public servant, due to no fault of their own, failing to qualify for social insurance benefits; and a retired public servant must have reached minimum pension age or retired on grounds of ill health.
The second condition is important to ensure no duplication of payments from public funds. To verify this condition currently, prior to payment of the occupational supplementary pension, a retired public service employee must engage with the Department of Social Protection and obtain proof that they have exhausted any relevant benefits for which they may be eligible under the social insurance system.
The Minister for Justice, Deputy McEntee, for example, has raised this issue with me. I am aware there are some issues concerning the procedures for qualifying for the payment of an occupational supplementary pension. I am liaising with the Department of Justice and the Department of Social Protection to see if we can come up with a solution to this matter.
I thank the Minister for that response but, of course, this is the issue at hand. The Minister is liaising with the Department of Justice and the Department of Social Protection to find a solution to this anomaly. Gardaí who joined the force post-1995 seem, at first glance, to receive the same level of pension entitlement. If we look at what they have to do to receive the pension, however, then we can see where the problem lies. To qualify for the supplementary part of their pensions, these gardaí must exhaust all entitlements under social welfare. This means they must draw down jobseeker's benefit for nine months by signing on in a post office. Many consider that they are being discriminated against because they are not jobseekers, but rather retired members of An Garda Síochána. They have full service yet they are forced to sign a declaration to say they are available for work. Many of them complain about how they are being treated by the Department of Social Protection. This situation is an anomaly. It involves three different Departments and the matter goes over and back between them. This has been going on for a long time. Can the Minister give me any timeframe in respect of when he hopes to deal with this matter in a fair and reasonable way?
I met the Minister for Justice about this matter yesterday. I would hope that by the summer we might have the outlines of how we would deal with this issue. The Minister for Justice has emphasised the importance of this issue to me and I am aware of the consequences it has for members of An Garda Síochána who have retired and the fact that these numbers are now growing.
I am really pleased to hear that because this requirement applies to gardaí who joined post-1995 and next year all these members will have served 30 years. This issue, therefore, must be dealt with. I say this because many gardaí have told me that when they have tried to explain to the Department of Social Protection that they are not jobseekers and are, in fact, retired members of An Garda Síochána, they have been told that unless they make themselves available for training or work, they will have no entitlement. I am pleased to hear, therefore, that the Minister is hoping to have an outcome by the summer because we absolutely need it. As I said, this matter has dragged on for far too long. We simply want a reasonable way to deal with this situation so those who have served their full time can receive their pensions in a fair manner.
I can simply say I take the Deputy's point. I am aware of the issue. Several Deputies have raised it with me, as has the Minister for Justice in recent months. We are looking at a way of trying to find a solution to this issue and I take on board the point made by the Deputy.
