Andrew Doyle (Wicklow, Fine Gael)
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Question 233: To ask the Tánaiste and Minister for Education and Science if she will provide clarification on salary arrears for the period between 1996 and 2007 and pension increments arrears for the period from February 2004 to 2009 in respect of a person (details supplied) in County Wicklow; the reason these pension arrears were not awarded; and the further reason salary increases were not awarded for those ten years in question. [13412/10]

Andrew Doyle (Wicklow, Fine Gael)
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Question 235: To ask the Tánaiste and Minister for Education and Science the reason the issue of abatement liability has risen in respect of a person (details supplied) in County Wicklow in relation to the pensions arrears due to them for the period from February 2004 to February 2009. [13414/10]

Mary Coughlan (Donegal South West, Fianna Fail)
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I propose to take Questions Nos. 233 and 235 together.

The person in question retired with a public service pension from a post with a College of Education in 1995. She subsequently took up pensionable employment as a primary teacher and has since retired with a separate pension in respect of that service. In 2007, following a request for incremental progression in respect of her service with the College of Education, the person's salary as a primary teacher was reviewed and salary arrears were paid.

During her pensionable primary teaching service she continued to receive payment of her pension in respect of her earlier employment with the College of Education. The rate of that pension was retrospectively revised by the College to take account of a number of appropriate pension increases. The amount of the arrears were determined but not paid. The College, having become aware of the subsequent pensionable employment, has applied the abatement rules since the aggregate of the rate of pay as a primary teacher together with the rate of pension, had for certain periods, exceeded the old rate of pay on which that pension was based, adjusted to current rates.

The matter is now the subject of an appeal to my Department and is under active consideration at the moment. It is expected that a formal determination will issue to the person concerned within the next four weeks. The determination will address the pension issues including the issue of abatement. In addition the question of salary arrears that were paid will also be addressed.

I should add that if the person is not satisfied with the outcome of the determination, when issued, she may refer the matter to the Pensions Ombudsman.

Andrew Doyle (Wicklow, Fine Gael)
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Question 234: To ask the Tánaiste and Minister for Education and Science the rules regarding the abatement process in the context of pension arrears relating to post-primary teachers. [13413/10]

Mary Coughlan (Donegal South West, Fianna Fail)
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Abatement of pension applies in the case of public servants who, following retirement with a pension, take up public service employment in the same public service sector from which they have retired. This is a standard feature of public service pension schemes generally. Abatement is the mechanism used to ensure that the combined earnings (pension plus pay) do not exceed the pay on which the pension is based, adjusted to current rates.

Under the abatement rules for post primary teachers, pension will be continued provided the aggregate of the rate of pay (for the new employment) and the pension in payment do not exceed the old rate of pay on which the pension was based, adjusted to current rates.

Where the new rate of pay exceeds the old rate of pay, pension is not payable. Where the new rate of pay is less than the old rate of pay but the aggregate of new pay and pension exceeds the old rate of pay, the pension payment is correspondingly reduced.

In the event that pension arrears become payable, in respect of the pension awarded on initial retirement, to a teacher who has resumes employment, the amount of arrears to be paid would fall to be adjusted in line with the application of the abatement provisions

I should also add that, in the case of teachers who availed of the now suspended three-stranded Early Retirement Scheme, pension ceases if the retired teacher takes up employment in any capacity in any area of the public service. The ceased pension will not resume until the later of the date the teacher ceases employment or reaches preserved pension age (age 60, or age 65 in the case of persons categorised as new entrant public servants). Added years previously awarded will not be reckoned in the calculation of the resumed pension. Exceptionally teachers who retired under Strand 3 of the Scheme may undertake substitute or part-time teaching provided it is on a very casual or intermittent basis.