Ciara Conway (Waterford, Labour)
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Question 318: To ask the Minister for Social Protection if she will grant a one year extension of the retirement age to a person (details supplied) in County Waterford; and if she will make a statement on the matter. [18221/11]

Joan Burton (Dublin West, Labour)
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The provision to remain in employment beyond the maximum retirement age was one of the new superannuation and retirement provisions introduced under the Public Service Superannuation Act 2004, and applies only to new civil servants appointed on or after 1st April 2004. This does not apply to staff appointed prior to 1st April 2004. The officer in question was appointed to the Civil Service on 1st March 2004.

The only basis on which this officer could be retained beyond age 65 is on hardship grounds. Under the Department of Finance Circular 13/75 "Retention of Civil Servants beyond the normal retirement age", hardship is deemed to exist where the officer's potential income from all sources at retirement age falls below the limits as set out under the terms of the Department of Finance Circular 2/2008.

The officer's potential income was examined (civil service occupational pension, State pension (transition) and spouse's income) and it was found that his income including the spouse's income does not fall below the specified limits. Therefore, the officer does not qualify for an extension of service beyond the maximum retirement age of 65.