Written answers

Tuesday, 2 November 2021

Department of Education and Skills

School Staff

Photo of Seán HaugheySeán Haughey (Dublin Bay North, Fianna Fail)
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529. To ask the Minister for Education and Skills if part-time work undertaken abroad including in the UK by primary school teachers can be recognised for the purpose of obtaining incremental credits in order to be eligible for the pre-2011 pay scale; and if she will make a statement on the matter. [52677/21]

Photo of Norma FoleyNorma Foley (Kerry, Fianna Fail)
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The criteria for the award of Incremental Credit, for previous teaching experience, to recognised Primary teachers is outlined in Circular 0010/2001, and was agreed in the first instance, under the auspices of the Teacher Conciliation Council (TCC). This Council is comprised of representatives of the teacher unions, school management bodies, the Department of Public Expenditure and Reform, and the Department of Education chaired by an official of the Workplace Relations Commission.

These criteria include, for example, being a fully qualified teacher registered with the Teaching Council of Ireland. A teacher must be registered in the sector they are working in and must be currently working in a recognised school. Part time service does not reckon for incremental credit as the prior service must have been full-time.

Circular 0027/2016 allows for the recognition of previous service in an analogous teaching position in the public service of another EU Member State when determining whether an individual is a new appointee to teaching and the appropriate salary scale on which to place him/her. Post Brexit, service in an analogous teaching position in the public service of the UK continues to be recognised as if it was given in another EU Member State.

This circular recognises this service on the same basis as if such service was given in Ireland when determining the appropriate salary scale (and allowances where applicable) payable to the teacher.

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail)
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530. To ask the Minister for Education and Skills the way an underpayment to a person (details supplied) arose in view of the fact that a class A contribution is greater than a class D contribution; and if she will make a statement on the matter. [52683/21]

Photo of Norma FoleyNorma Foley (Kerry, Fianna Fail)
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I wish to advise the Deputy that in 1995, a coordinated pension scheme came into effect for public servants, and those who were newly appointed as teachers were automatically included in the Class A Social Welfare Scheme.

Prior to this, only part-time teachers and teachers who had opted out of the pension scheme, or were unable to become a member of the scheme, were Class A contributors. They continued to be Class A contributors when they received appointments as Regular Part Time (RPT), Permanent or Contracts of Indefinite duration.

Changes to employment terms under the Protection of Employees (Part Time Work) Act 2001 and the Protection of Employees (Fixed Term Work) Act 2006, changed the definition of Eligible Part Time (EPT), with a minimum number of hours per week contract, to Regular Part Time (RPT) with no specified minimum hourly contract.This had the effect of changing the eligibility criteria for admission into the pre 1995 pension scheme and modified social welfare for part time teachers, who has less than 9 hour contracts, and who were serving prior to 1995 and continued in service after 1995.

In some instances, an adjustment was required to take place in order to offset an overpayment of Social Welfare contributions, versus an underpayment of pension contributions.

As the circumstances in relation to individual cases can vary, depending on service, I can advise the Deputy that a member of staff from the Post Primary Payroll Section of my Department has been in contact with the teacher concerned, in order to review past service, and to advise her of the position in relation to this matter.

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