Departmental Staff

Dáil Éireann Debate, Thursday - 29 June 2023

Thursday, 29 June 2023

Questions (332)

Brendan Griffin

Question:

332. Deputy Brendan Griffin asked the Minister for Social Protection further to Parliamentary Question Nos. 828 and 829 of 13 June 2023, what benefits, if any, accrued to Department employees who were former community welfare officers who paid a 5% levy on their incomes from October 2011 to December 2015; if no pension benefit has accrued in respect of these payments, if her Department will return these payments to the employees; and if she will make a statement on the matter. [31988/23]

Written answers

Minister for Social Protection

Former Community Welfare Officers (CWOs) were transferred to the Department of Social Protection from the HSE on 1 October 2011 on the principle that their existing terms and conditions of employment would neither improve nor diminish by reason of the transfer and staff retained their pension rights and entitlements.

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 that the parties would work towards resolving grade assimilation (with the comparative grade of HEO) in the Department of Social Protection within the lifetime of the collective agreement.

Arising from talks on the Lansdowne Road Public Service 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 CWOs who were pre-1995 entrants to their positions and who paid a pension contribution of 5% which was not paid by other pre-1995 entrants in the Department of Social Protection.

An Agreement on the Assimilation of the Pay and Conditions of Former Community Welfare Officer staff between the Department of Public Expenditure & Reform, Department of Social Protection and the Public Service Executive Union (representing CWS) was made on the 30 September 2015 which provided for the abolition of the 5% pension contribution with effect from 1 January 2016, with no retrospection. The pension contribution issue was tied in with a number of other outstanding issues, including pay and annual leave which were also covered under the terms of the Agreement.

Legal proceedings seeking reimbursement of the pension contributions paid prior to the agreement reached on 1 January 2016 were taken in the Dublin District Court and WRC but were struck out and further claims were voluntarily withdrawn.