Charlie McConalogue (Donegal North East, Fianna Fail)
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518. To ask the Minister for Education and Skills if it is compulsory for a special needs assistant to retire at 65 years of age, if there is a mechanism to appeal this ruling; and if she will make a statement on the matter. [44736/15]

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.