I propose to take Questions Nos. 69 to 71, inclusive, together.
The provisions relating to ill-health retirement are set out in statute in the Civil Service Regulation Act 1956, as amended, and the associated Circular 22/07: Ill-Health Retirement from the Civil Service. The provisions relating to ill-health retirement pensions are set out in the Superannuation Acts and related instruments including, in particular, the Civil Service Superannuation Regulations 1980, S.I. 188/1980. The criteria and procedures required for an employee to retire on grounds of ill-health are set out in Circular 22/2007: Ill-Health Retirement from the Civil Service. This Circular sets out the procedures to be followed in a case of ill-health retirement, either on the initiative of the civil servant or of the Department/Office.
Where a civil servant applies to retire early on the grounds of ill-health he or she must provide the Chief Medical Officer (CMO) with a completed Ill-Health Retirement form along with a medical report detailing his/her diagnosis, treatment and prognosis. Section 9 of the Civil Service Regulation Act 1956 provides for retirement on grounds of ill-health in circumstances where the civil servant has not tendered his/her resignation. Where a Department/Office seeks to compulsorily ill-health retire a civil servant, the appropriate authority should refer the matter to the CMO. The CMO will arrange for the civil servant to be medically examined and may also arrange for an outside specialist opinion if the CMO feels that this would be of benefit. If the CMO is of the opinion that the civil servant is incapable on medical grounds of regular and effective service and that the situation is likely to be permanent, then the CMO will sign the relevant part of the Ill-Health Retirement form and return the form to the civil servant's Department/Office.
In all cases, the final decision on whether or not a civil servant is granted ill-health retirement, lies with the relevant appropriate authority having received the advice of the CMO. This allows management discretion to consider both medical and non-medical matters. A civil servant whose application for ill-health retirement has been refused, may request that his or her case be referred on appeal to a medical referee.
Circular 22/07 replaced a previous circular (Circular 7/57: Retirement from the Civil Service on the ground of ill-health) to take account of an amendment made by the Civil Service Regulation (Amendment) Act 2005 to the Civil Service Regulation Act 1957. The 2005 Act amended the definition of "appropriate authority" under the 1957 Act to streamline management procedures by allowing the heads of Civil Service Departments and Offices to manage middle-ranking and junior staff without reference to Ministers or Government. Where an officer retires on the grounds of ill health notional service may, at the discretion of the Minister, be added to his/her actual service for the purposes of calculating retirement lump sum and personal pension.
Initially the provision for "added years" was provided for on an administrative basis during the 1970s as a result of General Agreements. The provision of added years' service was put on a statutory basis in 1980 (Civil Service Superannuation Regulations 1980, S.I. 188/1980). There has been no change in the past ten years in pension policy in respect of added years for ill health benefits.
The following table provides details of the number of ill health retirements in each Department /Office in Civil Service over the past 10 years.
Department
|
Number of Retirees
|
2004
|
2005
|
2006
|
2007
|
2008
|
2009
|
2010
|
2011
|
2012
|
2013
|
2014
|
Agriculture, Food & Rural Development / Agriculture, Food and the Marine
|
67
|
4
|
6
|
4
|
3
|
5
|
14
|
8
|
6
|
8
|
6
|
3
|
Arts, Heritage, Gaeltacht
|
4
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
1
|
1
|
1
|
1
|
Arts, Sports & Tourism
|
1
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Attorney General
|
1
|
-
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Central Statistics Office
|
29
|
2
|
1
|
2
|
6
|
3
|
3
|
2
|
3
|
2
|
3
|
2
|
Chief State Solicitor/Dpp
|
7
|
-
|
-
|
1
|
1
|
2
|
-
|
-
|
-
|
2
|
-
|
1
|
Children & Youth Affairs
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
1
|
-
|
-
|
Civil Service Commission
|
1
|
-
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Communication,Marine & Natural Resources /Communications, Energy and Natural Resources
|
18
|
2
|
4
|
3
|
1
|
1
|
3
|
2
|
1
|
1
|
-
|
-
|
Community,Rural & Gaeltacht Affairs
|
1
|
-
|
-
|
-
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Comptroller & Auditor General
|
2
|
-
|
-
|
1
|
-
|
-
|
1
|
-
|
-
|
-
|
-
|
-
|
Courts
|
19
|
2
|
-
|
-
|
6
|
2
|
2
|
1
|
3
|
1
|
2
|
-
|
Defence & European Affairs /Defence
|
13
|
-
|
1
|
2
|
-
|
1
|
4
|
-
|
2
|
1
|
1
|
1
|
Education & Skills / Education & Science
|
27
|
1
|
1
|
4
|
2
|
6
|
4
|
-
|
4
|
5
|
-
|
-
|
Enterprise, Trade & Employment / Jobs, Enterprise and Innovation
|
21
|
1
|
3
|
2
|
3
|
-
|
4
|
1
|
2
|
4
|
1
|
-
|
Environment, Heritage & Local Government
|
19
|
-
|
2
|
2
|
3
|
1
|
4
|
3
|
-
|
2
|
-
|
2
|
Finance
|
19
|
2
|
3
|
1
|
1
|
3
|
1
|
2
|
3
|
1
|
1
|
1
|
Foreign Affairs / Trade
|
24
|
2
|
-
|
3
|
2
|
1
|
5
|
3
|
3
|
3
|
2
|
-
|
Health & Children / Health
|
18
|
1
|
1
|
3
|
4
|
-
|
3
|
-
|
2
|
1
|
1
|
2
|
Justice, Equality & Law Reform
|
56
|
-
|
2
|
6
|
4
|
5
|
7
|
4
|
9
|
8
|
7
|
4
|
Land Registry/Property Registration Authority
|
20
|
2
|
-
|
4
|
4
|
3
|
3
|
4
|
-
|
-
|
-
|
-
|
Legal Aid Board
|
2
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
1
|
1
|
-
|
National Gallery
|
1
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Office Of Public Works
|
20
|
1
|
1
|
3
|
6
|
|
3
|
2
|
1
|
1
|
1
|
1
|
Oireachtas
|
10
|
1
|
-
|
-
|
1
|
1
|
1
|
-
|
3
|
-
|
1
|
2
|
Ombudsmans Office
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
1
|
-
|
Prisons
|
158
|
22
|
33
|
13
|
23
|
9
|
21
|
8
|
11
|
6
|
8
|
4
|
Public Expenditure & Reform
|
2
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
1
|
1
|
-
|
Public Appointments Service
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
1
|
-
|
-
|
-
|
Revenue
|
155
|
14
|
14
|
15
|
13
|
18
|
16
|
15
|
17
|
22
|
6
|
5
|
Social Protection / Social & Family Affairs
|
144
|
7
|
1
|
12
|
14
|
22
|
15
|
11
|
14
|
22
|
19
|
7
|
State Examination Commission (D.Educ)
|
5
|
1
|
-
|
-
|
-
|
-
|
-
|
1
|
-
|
1
|
1
|
1
|
State Laboratory
|
4
|
1
|
-
|
1
|
-
|
-
|
1
|
-
|
1
|
-
|
-
|
-
|
Taoiseach
|
4
|
1
|
1
|
-
|
-
|
2
|
-
|
-
|
-
|
-
|
-
|
-
|
Transport, Tourism & Sport
|
25
|
-
|
1
|
1
|
2
|
5
|
4
|
2
|
4
|
2
|
2
|
2
|
Valuation Office
|
3
|
-
|
-
|
-
|
-
|
1
|
2
|
-
|
-
|
-
|
-
|
-
|
TOTAL
|
903
|
69
|
77
|
83
|
100
|
91
|
121
|
69
|
91
|
97
|
66
|
39
|