Seán Haughey (Dublin Bay North, Fianna Fail)
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224. To ask the Minister for Public Expenditure and Reform if a person (details supplied) who retired from An Garda Síochána in 2004 and who subsequently took up employment with the Courts Service 11 days later is not deemed a new entrant and therefore must retire at the age of 65 years of age; the reason for this; and if he will make a statement on the matter. [35058/17]

Paschal Donohoe (Dublin Central, Fine Gael)
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The Public Service Superannuation (Miscellaneous Provisions) Act 2004 ('the 2004 Act') provides in general that an individual who takes up an appointment in a public service body on or after 1 April 2004 is classed as a 'new entrant'.

However, the legislation makes various exceptions for those public servants who, in the 26 weeks prior to appointment, had previously worked in the public service and had not been deemed to be new entrants in such positions.  Section 2(6) of the 2004 Act refers as follows:

"(6) Where on or after 1 April 2004 a public servant who is not a new entrant ceases to serve in a public service body or in a body to which Schedule 1 relates and does so otherwise than for employment in another public service body or in a body to which Schedule 1 relates, then that person shall, if he or she subsequently applies for an office or position within the public service, be treated as a new entrant in respect of such subsequent service unless he or she takes up appointment:(a) under the same contract of employment, or

(b) as a public servant no later than 26 weeks following the last day of service prior to cessation.".

Based on the information provided, as the person concerned took up a position in a public service body within 26 weeks after leaving his previous public service employment in 2004, he is correctly deemed not to be a ‘new entrant’ in accordance with the provisions of the 2004 Act.