Marian Harkin (Sligo-Leitrim, Independent)
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Question 267: To ask the Minister for Health and Children if there is flexibility with regard to retirement age within the Health Service Executive for people who were employed before 1 April 2004 (details supplied); and if she will make a statement on the matter. [4299/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Public Service Superannuation (Miscellaneous Provisions) Act 2004 removed the compulsory retirement age for new entrant public servants from 1 April 2004.

Under the Act, a new entrant is a person who takes up employment as a public servant on or after 1 April 2004. Or, a person who was serving in a public service body prior to 31 March 2004 and left such an office for a period greater than 26 weeks.

An employee of the Health Service Executive whose service commenced prior to 1 April 2004 has a minimum pension age of 60 and a maximum retirement age of 65. Should such an employee cease service with the HSE and regain employment with a break of more than 26 weeks they would be deemed to be a new entrant and therefore no maximum retirement age would apply to them under the terms of the 2004 Act.

There are no plans to extend the retirement age for existing employees.