Brendan Griffin (Kerry, Fine Gael)
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237. To ask the Minister for Employment Affairs and Social Protection if community welfare officers who formerly worked under the HSE and paid a 5% contribution between 2011 and 2015 without any apparent benefits will have that payment recognised in their pension entitlements or will be reimbursed the contributions made; and if she will make a statement on the matter. [54038/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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In line with Labour Court recommendations LCR 20116, LCR 20117, Community Welfare Officers (CWOs) transferred to the Department of Social Protection on the principle that their existing terms and conditions of employment would neither improve nor diminish by reason of the transfer.

During the course of the negotiations of the Public Service Stability Agreement (2013-2016) the Public Service Executive Union (PSEU) raised grade assimilation issues relating to former CWOs. It was agreed, as part of the aforementioned agreement that the parties would work towards resolving the position regarding the grade assimilation issues within the lifetime of the collective agreement. Arising from talks on the Lansdowne Road Agreement, it was agreed that any anomalies relating to former HSE staff at PSEU member grades would be resolved with effect from 1 January 2016 on the understanding that agreement had been reached between the parties on all outstanding issues related to the matter. These issues included that relating to former HSE staff who were pre-1995 entrants and who paid a pension contribution of 5% which was not paid by other pre-1995 HEOs.

A final decision on the issue of the pension contribution paid by Community Welfare Officers who formerly worked under the HSE and paid a 5% contribution paid between 2011 and 2015 was agreed as part of a number of outstanding items, in the Agreement on the Assimilation of the Pay and Conditions of Former Community Welfare Officer staff. This agreement was agreed between the Department of Public Expenditure & Reform, Department of Social Protection and the Public Service Executive Union (representing CWS) on the 30 September 2015. The terms of the agreement provided among other things that the 5% pension contribution would cease from the 1 January 2016. The pension contribution issue was tied in with a number of other outstanding issues regarding pay, annual leave, etc. On foot of that agreement, with effect from 1 January 2016, the requirement for pre-1995 former HSE staff to pay the pension contribution of 5% was removed and no retrospection applied.

Proceedings on this issue of reimbursement of the pension contributions were listed before Dublin District Court recently. The Department submitted a vigorous defence against the claim and on consent on the 6^thOctober 2022 the case was struck out.