Willie O'Dea (Limerick City, Fianna Fail)
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1959.To ask the Minister for Health if he is aware of the implications of circular 24/2022 from the Department of Public Expenditure, National Development Plan Delivery and Reform on retired health professionals who came back to work during Covid at the invitation of the HSE (details supplied); and if he will make a statement on the matter. [30899/24]

Stephen Donnelly (Wicklow, Fianna Fail)
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Department of Health Circular 21/2005 – Suspension or Reduction of Allowances (Pensions) on Public Health Sector Superannuation Schemes – was issued on 20 October 2005 following consultation between the Department of Health and the Department of Finance. The effect of this circular was to allow public health sector pensioners earn up to 50% of the remuneration of their former post before any reduction in pension is made subject to certain conditions.

The application of pension abatement as set out in Circular 21/2005 were applied to retired healthcare staff returning to work during the Covid emergency.

Circular 21/2005 was a departure from the normal application of pension abatement which is calculated on a periodic and pro-rata basis. Periodic means that the pension abatement is calculated on a fortnightly, monthly, basis etc. Pro-rata takes consideration of the work pattern of the individual, e.g., part-time or work-sharing. Pension abatement should be applied as and when the individual is paid.

On 21 December 2022, the Department of Public Expenditure, NDP Delivery and Reform (DPENDR) issued Circular 24/2022 - Guidance on the application of Abatement of Public Service Occupational Pensions under section 52 (1) to (5) of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012. This Circular provides guidance on the correct application of pension abatement in respect of all public and civil servants which has been in effect since 1 November 2012 in accordance with the provisions of the 2012 Act.

On 22 August 2023 the Department of Health issued Circular 8/2023 informing the National Director of Human Resources, HSE, that Department of Health Circular 21/2005 was rescinded. It was directed in Circular 8/2023 that the contents be brought to the attention of all pension managers as well as relevant employees within the HSE and its agencies.

Further, it was advised that correct abatement, on a pro-rata and periodic basis, as per DPENDR Circular 24/2022, should now be applied in respect of all newly appointed pensioners with effect from the date of issue of Circular 24/2022, i.e., 21 December 2022.