Dáil Éireann Debate, Tuesday - 4 October 2016
617. Deputy Michael Fitzmaurice asked the Taoiseach and Minister for Defence the number of retired public sector employees in his Department, including bodies under its aegis, who are in receipt of a public sector pension that have been re-employed either part-time or full-time, temporary or otherwise by the public sector; and if he will make a statement on the matter. [28977/16]
Amharc ar fhreagraThe Defence Organisation includes military personnel and civilian employees attached to military installations and civil servants. Information is not available in relation to the numbers of public sector pensioners re-employed in the public sector prior to 1 November 2012. Prior 1 November 2012, holders of public sector pensions who were subsequently re-employed in the public sector were not required to inform their previous or new employer of any employment, public sector or otherwise, obtained by them subsequent to leaving the public sector. Such obligations were introduced by the Public Service Pensions (Single Scheme and other Provisions) Act 2012.
The Public Service Pensions (Single Scheme and other Provisions) Act 2012 provides that any person who takes up employment in a public service body on or after 1 November 2012 and
- has an existing entitlement to retirement (including preserved) benefits under any public service pension scheme,
- has received, or is in receipt of, retirement benefits under any public service pension scheme, or
- applies for a benefit from a public service pension scheme,
is obliged to declare such matters to the public service employer with whom they are taking up further employment. This applies regardless of whether the pension holder is being re-employed on a full-time, part-time, seasonal or other basis.
In tandem with that measure, section 52 of the 2012 Act provides that where a retired public servant who is in receipt of a public service pension resumes employment in the public service on or after 1 November 2012 their pension is liable to abatement, that is, cessation or reduction as appropriate. Abatement basically means that the combined amount of his/her earnings from their current public service job plus their existing public service pension, cannot exceed the up-rated (current) pensionable pay from their old job. Essentially this means that from 1 November 2012, a public servant retiring on pension who at some later point re-enters any public service employment must make a declaration and will be subject to abatement and may, depending on his/her overall earnings, have their public service pension reduced or suspended for as long as they are in that new job.
Prior to 1 November 2012, this abatement principle operated as a standard feature of public service pension schemes generally, but only within individual sectors/bodies where a public service pensioner resumed working in his or her former occupation, e.g. Defence Forces, Garda, Civil Service etc. The 2012 Act extends the abatement principle across and between all sectors without exception. The extended pension abatement measure applies only where a public service pensioner takes up another public service post/position on or after 1 November 2012. A public service pensioner already in public service employment immediately before that date will not be affected by the change while he or she remains in that post/position. The change does not apply in relation to employment with the commercial semi-State bodies.
Since the enactment of the Public Service Pensions (Single Scheme and other Provisions) Act 2012, eleven individuals who are in receipt of a public sector pension have been employed as civilian employees attached to military installations and my Department has engaged two retired public servants as civilian drivers to the Minister of State, Mr. Paul Kehoe T.D. These appointments are to temporary unestablished positions in the Civil Service on a fixed term contract basis. A retired public servant was also appointed by the President on the recommendation of the Government to the Office of Ombudsman for the Defence Forces.
There are currently thirty two former members of the Defence Forces in receipt of military pensions where my Department has been notified that they were re-employed in the public service and whose pensions are subject to abatement under Section 52 of the Public Service Pensions (Single Scheme and other Provisions) Act 2012. It should be noted that nine of these are re-employed within the Defence area and are included in the preceding paragraph. The other twenty three may be included in replies given by the relevant Minister with responsibility for the public service body where they have been re-employed.
