Patricia Ryan (Kildare South, Sinn Fein)
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240. To ask the Taoiseach and Minister for Defence the outcome of the mediation between Kildare County Council and his Department in relation to the filling in of the hollow next to Donnelly’s Hollow on the Curragh, County Kildare; and if he will make a statement on the matter. [4067/22]

Patricia Ryan (Kildare South, Sinn Fein)
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241. To ask the Taoiseach and Minister for Defence if the person or persons responsible for the filling in of the hollow next to Donnelly’s Hollow on the Curragh, County Kildare have been identified; the consequences for the person or persons; and if he will make a statement on the matter. [4068/22]

Patricia Ryan (Kildare South, Sinn Fein)
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242. To ask the Taoiseach and Minister for Defence the reason that it was necessary for mediation between Kildare County Council and his Department in relation to the filling in of the hollow next to Donnelly’s Hollow on the Curragh, County Kildare; and if he will make a statement on the matter. [4069/22]

Patricia Ryan (Kildare South, Sinn Fein)
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243. To ask the Taoiseach and Minister for Defence if his Department will bear the full cost of the mediation between Kildare County Council and his Department in relation to the filling in of the hollow next to Donnelly’s Hollow on the Curragh, County Kildare given that his Department has been deemed responsible; and if he will make a statement on the matter. [4070/22]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 240 to 243, inclusive, together.

As the Deputy will be aware, my Department has been engaging in legal correspondence with Kildare County Council on this matter. On foot of legal advices, it was agreed that the matter would be resolved through a mediation process between my Department and Kildare County Council.

Arising from same my Department reached a meditated agreement in late 2021 with Kildare County Council. As a result of which and in accordance with this agreement, my Department will liaise with the local authority in the preparation and development of the required Environmental reports and agree on any follow up action arising from same. My Department has recently appointed Environmental Consultants to commence this work.

The cost to my Department of the mediation totalled €9,559.97. This amounted to 50% of the cost of the mediation process. It was agreed prior to the mediatiion that the costs would be split on a 50/50 basis between the two parties.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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244. To ask the Taoiseach and Minister for Defence if a former member of the Defence Forces currently in receipt of an Army pension based on 31 years service will be entitled to retain that full pension payment along with a full State contributory pension when they reach pension age; and if he will make a statement on the matter. [4118/22]

Simon Coveney (Cork South Central, Fine Gael)
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It is assumed that the Deputy is referring to the cessation of a portion of the military retirement pension of certain Defence Forces pensioners on qualifying for the Social Welfare State Pension (Contributory).

Under the Defence Forces occupational pension scheme applicable to Non-Commissioned Officers (NCOs) and Privates enlisting in the Defence Forces before April 2004, 21 years is the minimum service required for an immediate retirement pension and gratuity, regardless of age. Under this ‘fast accrual’ pension scheme, maximum retirement benefits accrue after 31 years. The 21-year pension, the rate of which varies according to retiring rank and other factors, is payable for the person’s lifetime.

Where qualifying service is more than 21 years, an ‘additional increment’ is payable at a flat rate (generally €9.21 a week currently) for each year of service in excess of 21 years up to a maximum of 31 years’ service. This gives a maximum additional increment of €92.10 weekly. However, under the ‘pre-April 2004’ pension scheme rules, this additional increment ceases to be payable if and when the pensioner reaches the prescribed age for the State Pension (Contributory), that is, at age 66 to 68 depending on a person’s date of birth.

These arrangements are in accordance with the long established principle of integrating occupational pensions with Social Insurance benefits of employees who are in full PRSI class. This includes NCOs and Privates who are fully insured for the range of social insurance benefits under the Social Welfare Acts, such as the State Pension (Contributory).

Integration means that a person’s entitlement to social insurance benefits is taken into account when calculating the rate of their occupational pension payable. In an integrated pension scheme, the State Pension or similar contributory Social Welfare benefit is regarded as part of the overall pension package payable to the individual. The integration principle applies right across the public service and, indeed, in many areas of the private sector as well as in other countries.

It might be noted that the method of integration for these ‘pre-April 2004’ military pensioners is in fact more favourable than in other areas of the public service. In the public service generally, integration begins from the time the occupational pension commences payment, for example from age 60/65 where ‘standard accrual’ pensions apply in pre-2013 public service schemes.

Furthermore, the maximum personal rate of State Pension payable (€253.30 a week currently if under age 80) is considerably more than any reduction that could happen under the Defence Forces pension schemes by virtue of the loss of the additional increment on qualification for the State Pension. This is the scenario for any former member who retires with between 22 and 31 years’ service under the ‘pre-April 2004’ pension scheme.

The foregoing atypical integration arrangements do not apply to NCOs and Privates enlisting on or after 1 April 2004, and whose occupational pensions are subject to standard integration with social insurance benefits along with other public service employees insured for full PRSI.