Derek Keating (Dublin Mid West, Fine Gael)
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To ask the Minister for Public Expenditure and Reform following the resignation of a convicted District Judge (details supplied), a Judge found guilty of attempting to deceive a client, if he will outline the salary that the Judge was in receipt of; the length of time that they were paid as a District Judge and if resignation entitlements such as pension, gratuity, lump sum or any other payment including severance was awarded upon resignation; if the Judge is in receipt of a pension while in custody; if the Judge will receive a pension when released from prison; and if he will make a statement on the matter. [56746/12]

Brendan Howlin (Wexford, Labour)
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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, I 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 and on receipt of an application through the serving Department (in this case the Department of Justice) Pension calculations are determined only when the full details of a person’s age, reckonable service etc are considered. No application has been received to date in my Department.

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.