Noel Ahern (Dublin North West, Fianna Fail)
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Question 82: To ask the Minister for Justice and Law Reform if he will clarify the situation in relation to a prison officer (details supplied) who left the service, is not currently under benefit and wishes to qualify for past or future payments. [4395/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I can advise the Deputy that the person referred to resigned from the Prison Service with effect from 5 October 2002. In line with the required procedures as set down in the Civil Service Superannuation Scheme for Established Civil Servants, her pension, lump sum gratuity and death benefits were preserved. The pension and lump sum will be paid as from the time she reaches 60 years of age. If before attaining 60 years the person's state of health deteriorates to such an extent that immediate payment of preserved benefits is justified, the pension and lump sum will become payable. Otherwise, it is not possible to bring forward payment of preserved benefits. The Deputy will understand that it is not possible to retrospectively change the circumstances of this person's departure from the Prison Service.