Michael Healy-Rae (Kerry, Independent)
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106. To ask the Minister for Education and Skills if he will address a matter regarding a pension in the case of a person (details supplied); and if he will make a statement on the matter. [18390/18]

Richard Bruton (Dublin Bay North, Fine Gael)
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My Department’s records indicate that the person to whom the Deputy refers is correctly a new entrant for pension purposes under the terms of the Public Service Superannuation (Miscellaneous Provisions) Act 2004. Her new entrant status arises as she was not in public service employment during the period between 14 September 2004 and 4 September 2005 inclusive.

The Public Service Superannuation (Miscellaneous Provisions) Act 2004 was enacted into law in 2004.  Its effect is to change the superannuation terms of new entrants to the public service, appointed on or after 1 April 2004. In addition, its terms apply to any person who returned to public service employment on or after 1 April 2004 where the person’s previous public service employment ended more than 26 weeks previously.

According to the information available to my Department, the person in question commenced teaching in October 2003 and in the period until September 2004, apart from a one-month period of continuous teaching (between late April 2004 and late May 2004), her teaching service was as a casual intermittent substitute teacher. In 2004 her last day of substitute teaching was on 13 September. Her next teaching appointment commenced on 5 September 2005. Accordingly a break of more than 26 weeks had occurred which necessitated her classification as a new entrant under the terms of the 2004 Act.

While the Act makes some limited provision for persons not to be regarded as new entrants (such as a person on secondment from the public service or a person on approved leave of absence from their public service employment) on their immediate resumption of their public service employment, there is no qualifier or exception in the 2004 Act in relation to the particular circumstances of the person in question where a break in employment in excess of 26 weeks arises. The Oireachtas made no provision for such exceptions in the legislation as enacted. 

My Department is required to comply with the terms of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 which has general application across the public service.