Dáil Éireann Debate, Tuesday - 16 December 2025
392. Deputy Sean Fleming asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the employees which are covered under the legislation that came into effect on 1 January 2013 regarding pension abatement for the public service, and in relation to a case specifically (details supplied); and if he will make a statement on the matter. [72284/25]
Amharc ar fhreagraThe principle of abatement of a public service pension is longstanding within the rules of various public service pension schemes, and pension abatement is an important aspect of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (the “2012 Act”).
As per Section 52 of the 2012 Act, where an individual in receipt of a public service pension is appointed to work in a public service body, their pension will be subject to abatement. Prior to this, abatement applied only to individuals who returned to work in the same sector from which they were receiving their pension. Section 52(1)-(5) were commenced on 1 November 2012, and applied to all appointments after that date.
As such, anyone who was in receipt of a public service pension, who was appointed to a role in the public service (outside of the sector from which they receive their pension) prior to that date, is not subject to abatement in respect of that role.
Circular 24/2022 provides further guidance on the application of abatement under the 2012 Act. Please note that as per Section 6 of Circular 24/2022, if the individual takes up a new role (other than under compulsory re-deployment, temporary "acting-up", or secondment), is promoted, or takes up a position in a new body, this constitutes a new appointment, and the individual will be subject to abatement in that appointment.
