Fiona O'Loughlin (Kildare South, Fianna Fail)
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193. To ask the Minister for Education and Skills if he will review the case of a person (details supplied); and if he will make a statement on the matter. [23149/17]

Richard Bruton (Dublin Bay North, Fine Gael)
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The person to whom the Deputy refers made an application for retirement on grounds of ill-health in 2015 and subsequently availed of the appeals process in accordance with the procedures outlined in documentation provided to applicants and also available on my Departments website: www.education.ie. The person’s application was unsuccessful.

The statutory basis for ill health retirement pension benefits for members is contained in the Secondary, Community and Comprehensive School Teachers Pension Scheme 2009. The award of ill-health retirement pension is based on the scheme criteria that the scheme member is incapable by reason of infirmity of mind or body of discharging his or her duties as a teacher and that infirmity is likely to be permanent.

Entitlement to retire with a pension on grounds of permanent ill-health is not automatic. When a person makes application for retirement on medical grounds s/he must submit medical evidence from the person’s treating medical advisor for consideration by the Occupational Health Service. The Occupational Health Service provider makes a recommendation as to whether or not the teacher is incapable by reason of infirmity of mind or body of discharging his/her duties as a teacher where that infirmity is likely to be permanent. The Occupational Health Service Provider (as contracted by the Department) is the sole recognised provider of independent medical advice for teachers and employers. The OHS provider, is staffed by Occupational Health Specialist Physicians with post- graduate qualifications in occupational health.  Following receipt of the recommendation of the Occupational Health Physician, the Department makes a decision to approve or reject the application in accordance with the provisions of the pension scheme.  Where an applicant is unsuccessful there is provision for an appeal and details regarding the appeal process are advised to an applicant when s/he is notified that his/her application has not been successful.

Where a significant deterioration in the medical condition of a scheme member occurs and all reasonable treatments have been exhausted, it is open to a scheme member while in service to make a fresh application after a period of one year has elapsed from the date of notification of the refusal of the earlier appeal. Any fresh application will be considered in accordance with the procedures in place.

A teacher who does not satisfy the medical criteria for retirement on ill-health pension, but who is considering retirement, may avail of Cost Neutral Early Retirement where s/he has reached aged 50 years and has un-interrupted service from before 1 April 2004. Pension and lump sum, both actuarially reduced, are payable effective from the date of retirement.