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Departmental Staff Retirements

Dáil Éireann Debate, Tuesday - 30 January 2018

Tuesday, 30 January 2018

Ceisteanna (596)

John Brady

Ceist:

596. Deputy John Brady asked the Minister for Employment Affairs and Social Protection to outline her policy with regard to her Department's employees who are approaching their 65th birthday and seek to extend their working life within her Department; the length of time they may extend their working lives with her Department; the criteria for such an application to be successful; and if she will make a statement on the matter. [4192/18]

Amharc ar fhreagra

Freagraí scríofa

The Department of Employment Affairs and Social Protection, as an employer of civil servants, has been directed by the Minister for Public Expenditure and Reform to make arrangements set out in Circular 21/2017 A Temporary Circular to allow for certain Civil Servants to be retained beyond their Compulsory Retirement Age of 65 years until they reach the age of eligibility for the Contributory State Pension. This Circular was deemed effective from the 5th December 2017.

The Civil Service Regulation Act 1956 provides that Civil Servants appointed on or before 1 April 2004, shall retire upon reaching the retiring age of 65. The Government recently agreed to increase the compulsory retirement age to age 70 for public service employees recruited before 1 April 2004, other than the uniformed pension fast accrual group (Gardaí, Prison Officers, Firefighters, Permanent Defence Force) and to the drafting of legislation to give effect to that decision. The Government also agreed that, in advance of the legislation coming into effect, interim arrangements could be introduced for serving public servants affected by that decision who reach the age of 65 between the date of the Government Decision and the coming into effect of the necessary legislation, to enable them to remain in place until they reach the age of eligibility for the CSP (age 66 at present, rising to age 67 on 1 January 2021 and to age 68 on 1 January 2028). The purpose of Circular 21/2017 is to detail the nature of those interim arrangements.

Under the terms of circular 21/2017, Before a retention is approved, the Government Department or Office should be satisfied that the officer’s health, conduct and performance is satisfactory and that a business need exists to warrant the retention, i.e. that a continuing role is available for the applicant for the duration of the period up to the age of eligibility for the CSP. Any civil servant who wishes to apply for retention under the terms of this Circular should apply to the appropriate person at least 8 weeks before reaching the age of 65. Any civil servant whose retention is approved under this Circular must sign an undertaking indicating that he/she accepts the terms and conditions of retention as set out in the Circular before the retention is commenced, and in particular their understanding that retention under the Circular does not confer any rights on the individual civil servant to any new arrangement that may be provided for in future legislation in relation to compulsory retirement age, whether or not the officer is still retained under the terms of this Circular on the date of commencement of that legislation.

When a civil servant has been accepted for retention under the terms of circular 21/2017, the following arrangements apply: civil servant retires at 65 years of age; the officer’s lump sum is paid; pension abatement rules will apply; civil servant is retained in an unestablished capacity; civil servant is retained on a work pattern with the same or fewer hours, subject to any reduction in hours being consistent with the business needs of the organisation; no pension contribution is payable and no public service pension benefits are accrued during the period of retention; if the salary of the individual civil servant is based on the PPC scale prior to retirement, following retention they will be placed on the non-PPC scale (to take account of the fact that no pension contribution is payable); PRD (pension related deduction) will still be payable; salary for all civil servants retained under this Circular to be paid at the minimum point of the non-PPC pay scale, adjusted for work pattern as required; class A PRSI will apply; and no applications for retention beyond the age of eligibility for the Contributory State Pension will be entertained.

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