Leo Varadkar (Dublin West, Fine Gael)
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Question 166: To ask the Minister for Education and Science the reason a person (details supplied) in County Kerry is being deducted the pension levy when he or she are not eligible to be included in the public service pension and will not benefit from it on retirement; and if he will make a statement on the matter. [24001/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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Under Section 2 of the Financial Emergency Measures in the Public Interest Act, 2009 a person is liable to pay the pensions-related deduction if he or she is a public servant on or after the 1 March 2009 and is a member of a public service pension scheme, is entitled to a benefit under the scheme or receives a payment in lieu of membership of such a scheme.

Accordingly, an individual who is not entitled to a pension benefit from his/her employment may be liable to pay the pension related deduction in certain other circumstances, including if he/she receives a payment in lieu of membership of a public service pension scheme. In that regard, for example, a non-pensionable gratuity is payable to certain staff of Vocational Education Committees whose service is not reckonable for superannuation purposes.

An official of my Department has contacted Co. Kerry VEC, the employer of the person referred to by the Deputy, and has established that this person is eligible to receive the payment of a non- pensionable gratuity, and that, accordingly, they are liable to pay the pension related deduction.