Dessie Ellis (Dublin North West, Sinn Fein)
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To ask the Minister for Justice and Equality the amount a person (details supplied) was being paid in sick leave since June 2011 until their recent resignation [54092/12]

Dessie Ellis (Dublin North West, Sinn Fein)
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To ask the Minister for Justice and Equality the amount a person (details supplied) may expect as a lump sum and annual pension payment following their recent retirment. [54093/12]

Alan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 456 and 457 together.

The Deputy may wish to note that my colleague the Minister for Public Expenditure and Reform is responsible for the pay and pensions of the judiciary. Under Article 35.5 of the Constitution, a judge’s salary may not be reduced except in the specific circumstances approved in last year’s Referendum on Judges’ Pay. There is, therefore, no legal provision to withhold a judge’s pay while on sick leave. Following the Referendum, the Minister for Public Expenditure and Reform introduced the Financial Emergency Measures in the Public Interest (Amendment) Act 2011 which reduced the salary payable to a serving District Court Judge to €136,124 (€123,881 net of the pension related deduction), with effect from 1 January 2012. Prior to 1 January 2012 the applicable salary was €147,961.

A judge’s pension is calculated by the Department of Public Expenditure and Reform in accordance with the relevant legislative provisions. Pensions in respect of District Judges are based on 1/40th of salary per year of service up to a maximum period of twenty years. A lump sum is calculated at 3/40ths of salary up to a maximum of 1.5 times salary. Under the Pensions Act 1990 (as amended) a person who has served a minimum of two years is entitled to apply for a preserved pension on reaching 65 years or if retiring on established medical grounds, a pro rata pension may be paid after five years. Alternatively, a judge over the age of 60 who has served a minimum of two years may apply for Cost Neutral Early Retirement (provided for in the Public Service Pensions (Single Scheme and Other Provisions) Act 2012). Under this scheme benefits are payable immediately subject to cost neutral reduction on an actuarial basis.