Departmental Staff Redeployment

Dáil Éireann Debate, Tuesday - 24 June 2014

Tuesday, 24 June 2014

Ceisteanna (279)

Willie O'Dea

Ceist:

279. Deputy Willie O'Dea asked the Minister for Social Protection if her attention has been drawn to the fact that two members of staff who are redeployed from FÁS to her Department and are carrying out all of the higher grade duties whilst on secondment to LES Limerick on a continuous basis for 16 years have not received the acting up allowance of €16,135 since January 2012; that they have been informed that this allowance will not be paid until they sign their transfer contracts, however, this allowance is not reckonable for superannuation purposes even though they now pay full pension contributions due on their full salary for the past 16 years; her plans to regularise this situation and if not, the recourse the employees have to ensure regularisation of their situation whilst retaining their rights as civil servants; and if she will make a statement on the matter. [26828/14]

Freagraí scríofa

Minister for Social Protection

A total of 771 FÁS staff, including the two individuals who are the subject of the Deputy’s question were transferred to my Department on 1 January 2012 on foot of a Government decision. In accordance with the terms of the Public Service Agreement 2010 to 2014 these staff were transferred in their substantive grade on no less favourable terms and conditions in relation to pay and pension.

The two staff in question were transferred to my Department in their substantive FÁS grade i.e. Clerical Officer. Prior to their transfer they were on secondment from FÁS to a local partnership company for which they received a non-pensionable allowance in accordance with the rules governing secondment. My Department have been advised by Solas, (formerly FÁS) that as the allowance is non pensionable in accordance with the rules of the FÁS Superannuation Scheme, no pension contributions were ever deducted from the allowance. However, the allowance is subject to the Public Service Pension Related Deduction (Pension Levy) which is deductible from gross remuneration for all staff.

In 2012, following their transfer to DSP, the two staff members involved were advised that their secondment arrangements would continue as long as the Partnership Company require their services and that the appropriate allowance could only be paid on receipt of the required signed transfer contract that applied to all staff transferring from FÁS. However, both officers have to date declined to do this. The allowance will be back dated once the transfer contract is signed and confirmation that the higher duties were carried out throughout the period.

Question No. 280 withdrawn.