Tony Gregory (Dublin Central, Independent)
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Question 531: To ask the Minister for Social and Family Affairs further to Parliamentary Question No. 199 of 23 March 2005, the meaning of the term established whereby certain categories of workers, for example, cleaners employed by Departments may apply every three years to become established but who, if they become established, will lose certain entitlements, whereas if they remain unestablished they will lose significant pension rights; and if he will make a statement on the matter. [10581/05]

Séamus Brennan (Dublin South, Fianna Fail)
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Employment in the Civil Service is governed by a particular legal framework with well defined procedures and practices which reflect the special position of permanent and pensionable, established, staff.

Staff are appointed to a permanent position following a competition held by the public appointments service, or under recruitment licence, in accordance with the terms of the Public Service Management (Recruitment and Appointments) Act 2004. Prior to October 2004, recruitment was conducted on a similar basis under the Civil Service Commissioners Act 1956.

The Civil Service Regulation Act 1956, sets out the terms and conditions upon which civil servants are appointed. It also distinguishes between an established civil servant and an unestablished civil servant.

Under this Act, an established civil servant holds office at the will and pleasure of the Government and as such, following a probationary period, may only be removed from office following a decision by the Government. An employee cannot be made a permanent established civil servant unless he or she fulfils the requirements for establishment.

Established civil servants have access to a superannuation scheme. The benefits of this scheme are provided for in the Superannuation Acts 1834-2004 and in secondary legislation. Prior to 6 April 1995, the superannuation scheme for established civil servants was non-contributory. People recruited on or after 6 April 1995 contribute to the superannuation scheme.

Unestablished civil servants have access to the non-contributory pension scheme for non-established State employees. Superannuation for these employees is provided for by means of an administrative scheme which commenced in 1970. Competitions are held from time to time for unestablished staff in certain grades, for example, the grade of cleaner, to allow them to compete for establishment.

The occupational pension of unestablished staff and established civil servants appointed since 6 April 1995 is integrated with the social welfare contributory old age pension. This is standard practice in the civil service for all staff who are paying full PRSI.

In my reply to question No. 199 from the Deputy on 23 March 2005, I explained the social insurance and benefit positions of permanent and pensionable, or established, civil and public servants.