Michael McGrath (Cork South Central, Fianna Fail)
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163. To ask the Minister for Education and Skills if a special needs assistant employed since 2001 must retire on age grounds at 65 years of age; if there are exemptions to this regulation; and if she will make a statement on the matter. [44285/15]

Jan O'Sullivan (Limerick City, Labour)
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In accordance with the Superannuation scheme a Special Needs Assistant (SNA) who is not "a new entrant" under the terms of the Public Service Superannuation (Miscellaneous Provisions) Act 2004, must retire at the end of the school year in which he/she reaches age 65.

The abolition of the compulsory retirement age under the Public Service Superannuation (Miscellaneous Provisions) Act 2004 applies to new entrants only. The retirement provisions, which apply to public servants (including SNAs) who are not new entrants, are not affected by the Act.

Therefore a Special Needs Assistant employed prior to the Act is not a new entrant and must retire at the end of the school year in which he/she reaches the age of 65.