Paschal Donohoe (Dublin Central, Fine Gael)
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As the Deputy may be aware, I have overall policy responsibility in relation to public service occupational pension schemes payable to retired public servants.

I refer you to the information contained in PQ 40060/23 dated 20 September 2023, a copy of the response is provided herein as follows;

"As the Deputy may be aware, I have overall policy responsibility in relation to public service occupational pension schemes payable to retired public servants.

For all new entrants to the public service (including members of An Garda Síochána) on or after 6 April 1995 (the date of introduction of full social insurance for public servants who now pay Class A PRSI) and before 1 January 2013 (the date of introduction of the Single Public Service Pensions Scheme) pension payment comprises of three components:

1. A Public Service Occupational Pension payable by the public service employer;

2. Social Insurance benefit(s) payable, subject to eligibility, by the Department of Social Protection (DSP) and;

3. Where the Social Insurance benefit payable does not equate to the full rate of State Pension Contributory (SPC), an occupational supplementary pension may be payable by the public service employer subject to an individual meeting eligibility criteria.

An occupational supplementary pension seeks to make up the difference between the occupational pension which would have been payable had that pension not been integrated, and the occupational pension in payment when combined with any Social Insurance Benefits in payment. The payment of an occupational supplementary pension is not automatic and is subject to an individual meeting the following criteria:

• The retired public servant is not in paid employment;

• The retired public servant, due to no fault of their own, fails to qualify for Social Insurance benefit(s) or qualifies for a benefit at less that the value of the SPC; and

• The retired public servant must have reached minimum pension age or retired on grounds of ill-health.

In relation to the first condition above, any paid employment irrespective of the PRSI contribution the individual makes would exclude a retired public servant from the payment of the occupational supplementary pension in full - see below.

The second condition is important to ensure no duplication of payments from public funds. To verify this condition, prior to payment of the Occupational Supplementary Pension, a retired public servant must engage with the DSP and obtain proof that they have exhausted any relevant benefits for which they may be eligible under the social insurance system. The rules surrounding qualifying for a Social Insurance benefit are a matter for the DSP.

Where an individual in receipt of an occupational supplementary pension takes up employment, for example, for one day, the supplementary pension would cease for that one day only and will be payable for the other 4 working days in the week, similar to how an entitlement to Jobseeker’s Benefit is treated. Therefore, taking up paid employment for one day in the week/year would not cause an occupational supplementary pension to cease for the whole year. The occupational supplementary pension would not be payable for that one day of paid employment. My officials have confirmed this policy with the Department of Justice. A pro-rated occupational supplementary pension is based on number of days during which the pensioner is not employed, rather than monetary amount earned, e.g. if an individual in receipt of a occupational supplementary pension takes up employment for 1 day a week, the occupational supplementary pension would be payable at 80% (i.e. 4/5th), rather than ceasing in its entirety. The onus is on the individual to notify their pension paying authority should there be any change in their employment status.

My Department is aware that there are some issues concerning the procedures for qualifying for the payment of an Occupational Supplementary Pension and we are liaising with the DSP and other key stakeholders to review the processes involved and establish if a more efficient and streamlined approach is possible."

I can confirm that individuals are required to engage with the Department of Social Protection (DSP) to exhaust their Social Insurance entitlements in order to qualify for the payment of an Occupational Supplementary. The rules surrounding qualifying for a Social Insurance benefit are a matter for the DSP.

I can also confirm that an Occupational Supplementary Pension may be paid on a pro-rated basis if a retired public servant takes up part-time employment. My officials have communicated this to the Department of Justice and this is a matter for the relevant Pension Paying Authority to implement.

It should be noted that no Interdepartmental Working Group has been established to examine this matter, rather my officials are engaging with the relevant stakeholders in order to progress the matter. My Department understands that this is a live issue and appreciate the concerns raised by members of An Garda Síochána and their representative bodies and the matter is under active consideration.