Written answers

Tuesday, 29 September 2015

Department of Education and Skills

Teaching Contracts

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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538. To ask the Minister for Education and Skills if she will change the terms of service for primary school teachers so that teachers who have a break in service and who do not return to work as a teacher for one day every six months will not be treated as new entrants when they eventually return to work; and if she will make a statement on the matter. [33176/15]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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The Public Service Superannuation (Miscellaneous Provisions) Act 2004 which became law in 2004 sets out the detailed definition of a "new entrant".

In general terms a "new entrant" is a person who commences public service employment for the first time from 1 April 2004 onwards but before 1 January 2013 and has not had a break of more than 26 weeks in his/her public service employment. In the case of a person who was in continuous public service employment from before 1 April 2004 who has a break of more than 26 weeks which ended before 1 January 2013 he or she is also a new entrant on resumption.

In the case of the majority of public servants (including teachers) the Act also provides that age 65 is the minimum age at which pension may be paid to a "new entrant" and also provides that new entrants will not be required to retire on age grounds. Subsequently additional legislation was introduced - the Public Service Pension (Single Scheme and Other Provisions) Act 2012 which outlines that persons employed in pensionable public service employment for the first time on or after 1 January 2013 are members of the "Single Scheme" and must conform to the rules of this scheme as laid down by law.

The provisions governing both employment as a "new entrant" and a "single scheme" member are provided for in primary legislation and are of application throughout the public service generally. The terms and conditions in this regard for persons on taking up employment or resuming employment following a break in their service (such as the person referred to by the Deputy) must conform to the legislation.

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