Willie O'Dea
Question:107. Deputy Willie O'Dea asked the Minister for Education and Youth if she will review the case of a person (details supplied) regarding pension schemes; and if she will make a statement on the matter. [4649/26]
View answerWednesday, 21 January 2026
Questions (107)
Written answers
The Single Public Service Pension Scheme ("Single Pension Scheme") commenced on 01 January 2013 and applies to all pensionable first-time entrants to the public service from the 01 January 2013 and to former public servants returning to public service after a break of more than 26 weeks. The legislation giving effect to the scheme is the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.
The records of the Department of Education and Youth show that the person concerned ceased employment on 16 September 2016 with Tipperary ETB and resumed employment on 06 November 2017 with the Department of Education and Youth. On the basis that she had recommenced employment in the public service after a break of more than 26 weeks, she was correctly admitted to the Single Pension Scheme.
In relation to the 26 week rule and placement in the Single Pension Scheme, for clarification, the 26 week period refers to 26 calendar weeks as opposed to school weeks.
Furthermore, regarding the 26 week rule, the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitisation’s regulations are as follows:
The conditions of the Single Public Service Pension Scheme are set out in primary legislation, and have been passed by the Houses of the Oireachtas and we refer to legislation set out in section 10 (5) of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.
It outlines the following provisions:
(5) Where on or after the operative date a pensionable public servant who is not a Scheme member ceases to serve in a public service body, then, subject to section 48, that person shall, if he or she subsequently takes up a pensionable office or position within the public service, be regarded as a Scheme member in respect of such subsequent service unless he or she takes up appointment—
(a) under the same contract of employment, or
(b) as a public servant no later than 26 weeks following the last day of service prior to cessation.
In effect, this means that where a public servant who was previously a member of a pre-existing public service pension scheme ceases to be public servant for a period of more than 26 weeks, and is subsequently employed as a pensionable public servant on a new employment contract, then that individual will become a member of the Single Scheme. This provision is applied consistently across all sectors of the public service.
Maternity leave can only be considered as approved leave where it occurs during an employment contract. In this case it coincided with a break in service.
It can be noted from the above that the rules of the Single Pension Scheme are provided for in legislation and there is no provision for any exceptions. Therefore, the person concerned has been correctly entered into the Single Pension Scheme.