Aodhán Ó Ríordáin (Dublin Bay North, Labour)
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430. To ask the Minister for Employment Affairs and Social Protection if she will issue a response to a person (details supplied) regarding concerns in relation to the application to the freedom of information process in a PRSI deduction appeal; and if she will make a statement on the matter. [33568/21]

Aodhán Ó Ríordáin (Dublin Bay North, Labour)
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431. To ask the Minister for Employment Affairs and Social Protection if she will investigate the case of a person (details supplied) regarding a disputed deduction of PRSI from post-employment RSU payments made to the person which were calculated at the rate of PRSI in the year of payment rather than at the rate of taxation at the year of cessation of employment as is calculated by the office of the Revenue Commissioners; the basis for the discrepancy with reference to legislation, case law, regulations custom and practice or any other documentary evidence; the way in which for the purposes of the Revenue Commissioners the employment is regarded as having been ceased at the date of termination of employment but seems to be treated by her Department as continuing after cessation when RSU payments are made; and if she will make a statement on the matter. [33569/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 430 and 431 together.

I am informed by my officials that the correspondent is dissatisfied with the conclusion that was reached by my Department on the proper application of the Social Welfare Consolidation Act 2005 as it pertains to the refund of PRSI contributions.  I am aware that correspondence has been ongoing between my officials and the person concerned for a number of years.  However, I am also informed that it remains the view of the Department that the decision, and the reason for it, is both sound and has been clearly communicated on a number of occasions.

In essence, payments received from the vesting of (RSUs) Restricted Stock Units are treated as reckonable earnings under Section 13 of the Act of 2005.  Under Section 2 of the Act reckonable earnings are "earnings derived from insurable employment or insurable (occupational injuries) employment".  While the value of RSUs are realised when they vest, the Department found that their value is derived from the insurable employment.  PRSI is, therefore, due on the value realised when the RSUs vest.

My officials have considered this case in depth, including at the most senior level.  My understanding is that there would appear to be little more that can be done at the official level to resolve this difference of opinion on the application of the relevant legislation. 

I trust this clarifies matters for the Deputy.