It is a requirement of the EU Council Regulation under which the 1994 Early Retirement Scheme was introduced that the Early Retirement Pension can be paid only as a supplement to any national retirement pension to which the participant, and his or her spouse or partner in a joint management arrangement, is entitled. This means that the value of any such national retirement pension payable must be deducted from the Early Retirement Pension.
The person named entered the Early Retirement Scheme on 3 January 1997 under the joint management arrangement and her participation in the Scheme is due to finish on 2 January 2007 when she has completed 10 years in the Scheme. Her husband became entitled to a Contributory Old Age pension from 6 July 2001 and, as required under the Scheme, the amount of his Old Age pension had to be offset against the Early Retirement pension.
The person named became entitled to a Contributory Old Age pension in her own right from 6 June 2003. As the total amount of her and her husband's Old Age pensions exceeded the amount payable under the Early Retirement Scheme, no further payments could be made to her under the Early Retirement Scheme.
Due to difficulties experienced by the person named in finding a qualified transferee to lease her lands and the fact that payment of the Early Retirement pension has ceased, she is now being afforded the opportunity of opting out of the Early Retirement Scheme, without penalty. My Department wrote to the applicant concerned on 13 June 2006 advising her of this option.