Patrick O'Donovan (Limerick, Fine Gael)
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Question 105: To ask the Minister for Education and Skills if he will review the case of a person (details supplied) in County Waterford. [12989/11]

Ruairi Quinn (Dublin South East, Labour)
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Section 31.22 of the ten year Framework Social Partnership Agreement 2006 - 2015 "Towards 2016" provided that all payments to teachers would be made electronically by the end of 2006 at the latest.

In November 2006 teachers paid on payrolls operated by my Department and paid by means of payable order were requested to submit bank account details to enable payment directly to their bank account.

Payment of the pay increases under the "Towards 2016" agreement were subject to sign off by the Education Sector Performance Verification Group (ESPVG) appointed to oversee the implementation of the actions and could be withheld if the actions agreed were not progressed. The first three increases under the agreement were paid to all teachers between 1 December 2006 and 1st March 2008 as individual teachers continued to move to electronic payments.

The ESPVG was unable to sign off on the final increase on the 1st September 2008 as all teachers had not moved to EFT payments. The ESPVG recommended that the 1st September 2008 pay increase not be paid to teachers who had not made arrangements for electronic payments.

The increase was not applied to the teacher's salary referenced by the Deputy in September 2008. Six letters issued between November 2006 and August 2008 advising that the increases could not be paid under the agreement if the teacher did not move to the electronic method of salary payment. Two further letters issued between September 2008 and January 2009 outlining that the Department was prepared to backdate the increased payment to the 1st September 2008 if the teacher signed up to EFT. The teacher in question did not agree to payment by EFT and was not awarded the increase.

The teacher took a case to a Rights Commissioner in relation to the withholding of the final pay increase and the claim was rejected. A subsequent appeal to the Employment Appeals Tribunal upheld the Rights Commissioner's recommendations. The teacher has since retired. Pension is calculated on a teacher's pensionable service and on his reckonable pensionable pay at retirement. As outlined this teacher's pay immediately prior to retirement did not include the final increase under the "Towards 2016" agreement. Consequently his annual pension remains lower than it would be had he agreed to the terms of the agreement negotiated for the education sector.