Alan Kelly (Tipperary, Labour)
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582. To ask the Minister for Health if employees of section 38 agencies are public servants, members of public service pension schemes and are directly bound by his consolidated pay scales; and if he will make a statement on the matter. [21154/16]

Simon Harris (Wicklow, Fine Gael)
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On 27 September, 2013 the Department of Health issued a health sector pay policy (Circular 11/2013), prepared following consultations with the Department of Public Expenditure and Reform, to the HSE which reflects Government Pay Policy as it applies across the public service. The Department of Health Consolidated Salary Scales as sanctioned by the Minister for Health, sets out the current salaries for the public health service. The health sector pay policy states that the Consolidated Salary Scales must be strictly adhered to and in no circumstances should an employee receive remuneration in the nature of pay and allowances of an amount greater than the amount prescribed. This pay policy applies to all employees of the HSE and agencies funded by the HSE, in whole or in part, under Section 38 of the Health Act 2004. In general, employees of Section 38 funded agencies are public servant.

In relation to superannuation arrangements in the public service it should be noted that employment in a Section 38 agency does not confer a right to membership of a particular type of pension scheme.

There are a variety of pension schemes that operate in the public service, including in Section 38 agencies, depending on when and how an individual enters the public service. There are public servants in public service ‘pay as you go’ Defined Benefit (DB) schemes which may have different minimum pension age, accrual terms, contribution rates etc. In addition some employees of Section 38 agencies are members of funded Defined Benefit pension schemes to which the employer contributes while others are members of Defined Contribution (DC) pension schemes with or without employer contributions. New entrants to the public service recruited on or after 1 January 2013 are generally members of the Single Public Service Pension Scheme (SPSPS) and have career average pension benefits.