Public Sector Pensions

Dáil Éireann Debate, Thursday - 24 February 2022

Thursday, 24 February 2022

Ceisteanna (322)

Aengus Ó Snodaigh

Ceist:

322. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if it is a requirement for the superannuation section in local authorities to send a request to the scope section in regard to pension entitlements of an employee if they were employed before April 1995 and paying a class D stamp given that one of the conditions of this staff member when they sign their contract to become a permanent member of staff is that they have no entitlement to a State pension (transition) or to a State pension (contributory). [10645/22]

Freagraí scríofa

Minister for Social Protection

The Social Welfare (Consolidation) Act 2005 and accompanying regulations set out the provisions that apply to the payment of PRSI. The detailed provisions relating to the insurability of public service employees, including local or other public authority workers, is provided for in the Statutory Instrument No. 312 of 1996, Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (the 1996 regulations).

My Department provides advice on the statutory provisions to any party who requests it. The role of the Scope Section is to provide advice on the class of PRSI appropriate for any particular worker. Where necessary, the Scope Section will make formal decisions in this regard.

An employer is not obliged to seek a decision from my Department in relation to their application of social welfare legislation on the PRSI treatment of their employees. However, the Scope Section can provide advice or a decision regarding any worker if required.

I trust this clarifies matters for the Deputy.