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Dáil Éireann díospóireacht -
Wednesday, 25 Nov 1998

Vol. 497 No. 3

Written Answers - Pension Provisions.

Noel Ahern

Ceist:

177 Mr. N. Ahern asked the Minister for Justice, Equality and Law Reform when rent allowances were introduced for gardaí and prison officers; if rent allowances are historically linked for both groups; the reason they are treated differently from the point of view of pensionability of rent allowances; the cost of extending pensionability of rent allowances to retired prison officers who do not qualify; if this can be done; and, if not, the reason for this decision. [25126/98]

Noel Ahern

Ceist:

178 Mr. N. Ahern asked the Minister for Justice, Equality and Law Reform if he will instruct that pensionability of rent allowances which has been denied to a small number of retired prison officers be implemented in accordance with the circular of November 1997. [25132/98]

I propose to take Questions Nos. 177 and 178 together.

The payment of rent allowances to the gardaí and prison officers goes back many years. In the case of prison officers, the allowance goes as far back as the 19th century and it was introduced for members of the Garda Síochána in 1927.

While the rate of allowance payable to the two services has tended, since 1947, to be broadly similar, there have been significant differences over the years in the way the allowance has been applied, especially in regard to qualification for the allowance and its pensionability.

Matters such as these have been and continue to be decided through negotiation with the relevant staff associations. Clause 2 (iii) of the PCW provided that claims for improvements in pay and conditions be addressed on a basis which would involve change in structures, work practices or other conditions of service. In the case of the Prison Service negotiations took place with the Prison Officers' Association under this clause and agreement on a package of measures was reached. One of the issues which was agreed with the association was that rent allowance will be pensionable to members of the prison service serving on or after 1 January 1994. It was also agreed with the association that rent allowance will be reckonable for the purpose of calculating lump sums or death gratuity in the case of members who retired or died in service in the period 1 January 1993 to 31 December 1993. In such cases pension will only be adjusted to take account of rent allowance with effect from 1 January 1994.
Making rent allowance pensionable has cost implications. Clause 2 (iii) of the PCW put a ceiling on the overall cost of agreements. A cut off date for the pensionability of rent allowance had, therefore, to be agreed upon. The dates outlined above were agreed with the association.
It is established practice that allowances, where they are made pensionable for the first time, are made pensionable only for employees serving on or after the effective date. This has been consistent policy for all public service groups.
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