Lucinda Creighton (Dublin South East, Fine Gael)
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Question 467: To ask the Minister for Education and Science the reason a person (details supplied) in Dublin 6 has been charged the pension levy. [24682/09]

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 1 March 2009 and is a member of a public service pension scheme, is entitled to a benefit under such a scheme or receives a payment in lieu of membership of such a scheme. Therefore, even if a person is not a member of a public service pension scheme, he or she is subject to the deduction if he or she is a member of another public service pension scheme, is entitled to a benefit under such a scheme (eg has a preserved benefit, is in receipt of a pension from another public service pension scheme or if he or she is entitled to a non-pensionable gratuity) or receives a payment in lieu of membership.

The application of the legislation is the primary responsibility for the institution administering the pension scheme. In the case to which you refer, it is a matter for Trinity College to decide whether or not the deduction is applicable to the person in question. It should be noted, however, that under section 6 of the Act, if a person does not accrue a superannuation benefit in respect of this service at the time of his or her ceasing to be a public servant, the deduction is refundable to him or her.