Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697804152446.pdf (Ireland)
Instructions to Personnel Officers - Ministerial Appointments for the 32nd Dáil Department of Public Expenditure and Reform June 2016 1 Contents Page 1.

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Introduction Appointment Tenure Ethics in Public Office Acts The Civil Service Code of Standards and Behaviour Lobbying Official Secrets Act, Confidentiality, Publication etc.

Annual Leave Sick Leave 10.

Superannuation and Retirement Arrangements 11.

Severance 12.

Travel and Subsistence 13.
Mandatory Legislative Provisions Appendix 1 – Guidelines on staffing of Ministerial offices Appendix 2 – Member of the Single Scheme - Outline of Statement Regarding Superannuation Provisions and Retirement Ages for all People Taking up Appointment On or After 1 January 2013 Appendix 3a – Member of the Non-Established Pension Scheme – Outline of Statement Regarding Superannuation Provisions and Retirement Ages for all People Taking up Appointment On or After 1 January 2013 Appendix 3b – Member of the Non-Established Pension Scheme, new Entrant status - Outline of Statement Regarding Superannuation Provisions and Retirement Ages for all People Taking up Appointment On or After 1 January 2004 Appendix 4 – Membership of the Single Scheme – extracts to be Copied 2 4 4 5 7 9 10 10 11 11 16 16 18 19 23 24 25 26 Appendix 5 - Definition of New Entrant Appendix 6 - Guidelines on applying for Excluding Orders Appendix 7 – Organisation of Working Time Act and Civilian Drivers Appendices 8 – Model Contract for Special Advisers Appendices 9 – Model Contract for Civilian Drivers Appendix 10 – Model Minute to be given to Ministerial Appointees who are remunerated above the second LSI of the HEO scale in the Civil Service 28 32 33 36 46 52 3 1.
Introduction 1.1 Members of the Dáil appointed as Ministers and Ministers of State may make a number of personal appointments to support them with their enhanced workload.

The main posts to which such appointments are made are those of Special Adviser and Civilian Driver.
For the 32nd Dáil term it is expected that Ministers and Ministers of State will appoint their existing Parliamentary Assistant and Secretarial Assistant staff to the position of Personal Assistant and Personal Secretary and, such staff will continue to be paid by the Houses of the Oireachtas Service and will remain part of the secretarial pension scheme.

However, their accommodation, ICT and other facilities will continue to be provided by Departments/Offices as heretofore.
if so, 1.2 These Instructions have been drawn up to assist Personnel Officers on matters concerning the appointments including the contracts of employment in respect of such appointments.
The matters dealt with include:  Appointment  Remuneration  Tenure  Ethics in Public Office Acts  Civil Service Code of Standards and Behaviour  Lobbying  Confidentiality  Annual Leave  Sick Leave  Superannuation, Retirement and Severance Provisions  Travel and Subsistence  Mandatory Legislative Provisions 1.3 These Instructions should be read in conjunction with the Guidelines on Staffing of Ministerial Offices issued by the Department of Public Expenditure and Reform, in June 2016.
A copy of the Guidelines is at Appendix 1.

Note in particular that salaries for these appointments and the number of appointees must be determined in accordance with those Guidelines.

1.4 Model Contracts for Special Advisers and Civilian Drivers are set out in Appendices 8 and 9 and should be used for all appointments under these instructions.

All Draft Contracts should be cleared with the Recruitment Section of the Department of Public Expenditure and Reform.
Tom.clancy@per.gov.ie As both Personal Assistants and Personal Secretaries will be staff of the Houses of the Oireachtas Commission, contracts for these staff will be a matter for that that Office.
1.5 Persons, who availed of the Civil Service Incentivised Scheme of Early Retirement; the HSE VER or VR Schemes; the Department of Environment, Community & Local Government Voluntary Redundancy Scheme for Local Authorities (Circular Letter LG(P) 06/2013) or any other Collective Agreement in respect of Redundancy Payments to Public Servants as per the Department of Public Expenditure and Reform letter of 4 2.
2.1 28th June 2012 may not be eligible for these appointments in accordance with the conditions of such schemes.

Appointments to the positions of Special Adviser and Civilian Driver The appointment of Special Advisers requires the approval of Government in accordance with Section 11 of the Public Service Management Act 1997.

Appointments being made from outside the Civil Service do require the sanction of the Taoiseach1.
Application for the Taoiseach’s sanction should be made directly to the Taoiseach’s Private Office.

Under delegated sanction arrangements Ministerial appointments to the positions of Special Adviser and Civilian Driver no longer require the sanction of the Minister for Public Expenditure and Reform.

Requirements regarding sanction for the rate of remuneration for each such appointment are set out in Appendix 1.
2.1.1 Appointments to these positions are subject to the Civil Service Regulation Acts 1956 to 2005 and to the Public Service Management (Recruitment and Appointments) Act 2004 and, in the case of Special Advisers, the Public Service Management Act 1997.

An Excluding Order is required for the post of Civilian Driver.
The sanction of Recruitment Section of the Department of Public Expenditure and Reform to approach the Commission for Public Service Appointments for such Excluding Orders is required (See Department of Finance Circular 37/2007 Guidance on the use of Excluding Orders at Appendix 6).

http://hr.per.gov.ie/recruitment-policy/ 2.1.2 Departments should be aware that persons appointed to such posts are temporary unestablished Civil Servants and should receive induction procedures in respect of employment rights.
2.1.3 To support the role of the Special Advisers it is important that there is clarity about how the Department operates and how the Department can support Special Advisers to perform their functions effectively.

As suggested by the ‘Guidelines for Departments in the Preparation of Office Notices Regarding Special Advisers’, following discussion with the incoming Minister, the Secretary General may wish to set out the arrangements in an internal Office Notice.
These Guidelines advise on the suggested elements of an Office Notice.

The Office Notice should be brought to the attention of all relevant staff, and be in place as soon as possible after an incoming Minister takes office.

Induction Programme As provided under the Civil Service Renewal Programme, an induction programme for Special Advisers will be delivered centrally.
While the Department of Public Expenditure and Reform will contact individual Special Advisers to inform them of this programme, Personnel Officers should also make known to the Special Advisers the availability of this programme.

1 The requirement for approval by the Taoiseach does not apply to staff employed as Secretarial Assistants or Parliamentary Assistants in the Oireachtas immediately prior to the dissolution of the outgoing Dáil.
5 To complement this induction programme, each Secretary General should appoint a Special Adviser Liaison Officer in each Department.

This Liaison Officer should introduce the Special Adviser to the systems and workings of the Department (e.g.

the ICT, phone, PQs, eCabinet etc.)

and ensure that they have the necessary facilities and supports in the initial weeks after the appointment.
the Induction Programme should be sent by email to Queries respect in bernie.orr@per.gov.ie Probation 2.2 It is the responsibility of Departments and Offices to ensure that appropriate probationary procedures are in place for the management of the performance of the Private Office staff of a Minister or Minister of State.
Guidelines for the management of probation have been produced by the Department of Public Expenditure and Reform and are available on the Department of Public Expenditure and Reform HR website: http://hr.per.gov.ie/probation-guidelines/ The Guidelines advise that for fixed-term contracts of a year or more, a probationary period of six months would be appropriate.

Queries in respect of Excluding Orders and Contracts of Employment and Probation should be sent by email to cshrpolicy@per.gov.ie 3.
Tenure 3.1 3.2 Tenure of Personal Appointees other than Special Advisers (Civilian Drivers) A personal appointee’s contract starts on the day of their appointment by the Officeholder (i.e.

Minister of the Government or Minister of State).

Given the delegated sanction given to departments to recruit staff up to Principal Officer Standard the sanction of the Minister for Public Expenditure and Reform is not required.
The contract should state that the period for which a person is employed as a personal appointee shall end not later than the date on which the Officeholder who made the appointment ceases to hold the office (i.e.

ceases to hold the office of Minister of the Government or Minister of State).

The contract must be laid by the Officeholder before the Houses of the Oireachtas.
3.3 Where a Minister or Minister of State changes portfolio their personal appointees may be reappointed as their personal appointees in the new Department.

The Department to which a Minister or Minister of State has moved should issue a new contract to the incoming personal appointees.

The Vote Section in the Department of Public Expenditure and Reform must be informed and copies of the new contracts sent to Recruitment Section of that Department for approval.
3.4 When a Minister of the Government or Minister of State ceases to hold the position of Minister or Minister of State for any reason (including a Minister of State becoming 6 a Minister of the Government or vice versa), the contracts of his or her personal appointees terminate on that date.
3.5 Following a dissolution of the Dáil, the contracts of the personal appointees of a Minister of the Government terminate on the day the incoming Government is appointed, while contracts of the personal appointees of a Minister of State cease on the day the incoming Taoiseach is appointed (even if the Officeholder concerned is appointed as an Officeholder of the incoming Government).

3.6 Where an incoming Officeholder wishes to re-appoint a personal appointee a new contract is required.
The new contract starts on the date of appointment of the personal appointee by the Officeholder, 3.7 The Minister/Minister of State reserves the right to terminate the employment of a personal appointee prior to the date of cessation on giving of the appropriate notice set down in the Minimum Notice and Terms of Employment Acts 1973 to 2005.

The Minister/Minister of State also reserves the right to terminate the employment for stated reasons.
The appointment may be terminated at any time by either party in accordance with the Minimum Notice and Terms of Employment Acts 1973 to 2005.

3.8 A copy of all signed contracts of employment must be forwarded to the Recruitment Section of the Department of Public Expenditure and Reform for their records.

Tenure of Special Advisers 3.9 3.10 A Special Adviser to an Officeholder (i.e.
a Minister of the Government or a Minister of State, where applicable) is appointed on the day set out in the Government Decision to appoint the person as a Special Adviser to the Officeholder.

[Note: Ministers of State, with the exception of a Minister of State who regularly attends Cabinet, will not appoint Special Advisers.

In exceptional circumstances where a specific need is identified, a Special Adviser may be appointed to a Minister of State subject to the approval of Government.]
For a Special Adviser to a Minister of the Government, the contract should state that the term of office of the Special Adviser shall cease on the date on which the Minister ceases to be a Minister of the Government.

For a Special Adviser to a Minister of State, the contract should state that the term of office of the Special Adviser shall cease on the date of expiration of the assignment of the Minister of State to the Department or Office in question.
All contracts for Special Advisers must be laid by the Officeholder before the Houses of the Oireachtas.

3.11 Where a Minister of the Government changes portfolio and the Special Adviser is retained as a Special Adviser, the new Department should issue a new contract of employment to the Special Adviser.
If the assignment of a Minister of State to a Department or Office expires, the contract of a Special Adviser to that Minister of State terminates on that date, even if the Minister of State is assigned to another Department or Office.
7 3.12 Following a dissolution of the Dáil, the term of office of a Special Adviser to a Minister of the Government terminates on the day the incoming Government is appointed, and that of a Special Adviser to a Minister of State on the day the Taoiseach’s successor is appointed.

This is the position even if the same Officeholder is again appointed as an Officeholder of the incoming Government.
3.13 If an incoming Officeholder wishes to re-appoint the Special Adviser, a new contract is required and the date of appointment is the date set out in the Government Decision to appoint the person as a Special Adviser.

The contract must be laid by the Officeholder before the Houses of the Oireachtas.

3.14 Under Section 11(1)(a) of the Public Service Management Act 1997 a Minister of the Government may appoint a maximum of two Special Advisers.
Ministers of State are not expected to appoint Advisers but may, in exceptional circumstances and with the approval of Government, appoint one Special Adviser.

The Taoiseach and Tánaiste may have more than two Special Advisers.

Note: A ‘Media Adviser/Press Adviser/Programme Manager’ is considered to be a ‘Special Adviser’.

4.

4.1 4.2.

Ethics in Public Office Acts Personnel Officers should advise all Special Advisers/personal appointees of their obligations under the Ethics Acts (i.e.
the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001) on appointment.

The provisions of the Ethics Acts apply not just to Special Advisers (appointed under the Public Service Management Act 1997) but also to all personal appointees who are selected for appointment by an Officeholder personally i.e.

not by means of a competitive procedure, and whose function or principal function is to provide advice or assistance to the Officeholder.
There is an obligation on the Minister or Minister of State, on whose behalf each personal appointment is made, to lay before the Houses of the Oireachtas a copy of the contract of employment or a statement in writing of the terms and conditions of employment of the Special Adviser/personal appointee, together with a statement as to whether the appointee concerned is a relative of the Minister or Minister of State.
4.3 Where the Special Adviser’s/personal appointee’s remuneration exceeds the second Long Service Increment of a Higher Executive Officer (general service grade, class B PRSI) in the Civil Service, in addition to the requirements at 4.2 above, the following provisions also apply: (a) the Special Adviser/personal appointee must undertake not to engage in any trade, profession, vocation or other occupation, whether remunerated or otherwise, which might reasonably be seen to be capable of interfering or being incompatible with the performance of their official functions (section 19(3)(a)(iii) of the Ethics in Public Office Act 1995 refers); (b) each year, the Special Adviser/personal appointee is required to prepare: 8 (i) a statement in writing of his or her personal registrable interests, as provided in the Second Schedule to the Ethics in Public Office Act 1995, which could materially influence the Special Adviser/personal appointee in, or in relation to, the performance of his or her official functions; and (ii) a statement in writing of the registrable interests, of which the Special Adviser/personal appointee has actual knowledge, of his or her spouse, of a child of the Special Adviser/ personal appointee, or of a child of his or her spouse, which could materially influence him or her in or in relation to his or her official functions.
(c) (d) (e) (f) The Special Adviser/personal appointee must furnish these statements of interests to the Minister or Minister of State who selected him or her for appointment and to the Standards in Public Office Commission, in the form determined by the Minister for Public Expenditure and Reform.

The statement of the personal appointee’s personal registrable interests mentioned at 4.3(b)(i) above must also be laid before each House of the Oireachtas by the Minister or Minister of State concerned.
The first statements must cover the period from the date of appointment to 31 December of that year.

Subsequent statements must cover each calendar year, or any part thereof, where the person holds any post to which the provisions of section 19 of the Ethics in Public Office Act 1995 apply.

Annual statements must be furnished not later than 31 January of the following year.

In the year the appointments ends, the statements must be furnished within 28 days of the appointment ending.
The Officeholder on whose behalf the appointment is made must also lay before the Houses of the Oireachtas a statement detailing the qualifications of the Adviser/appointee that are relevant to his or her official function.
(g) Where an official function falls to be performed by a Special Adviser/personal appointee, and he or she, or a connected person, as defined in the Ethics in Public Office Act 1995, has a material interest in the matter to which the function relates, the Special Adviser/personal appointee must prepare and furnish a statement in writing of those facts to the Minister or Minister of State who selected him or her for appointment and also to the Standards in Public Office Commission.
The Special Adviser/personal appointee must not perform the function unless there are compelling reasons requiring him or her to do so.

If he or she proposes to perform the function, then he or she must, before doing so, or, if that is not reasonably practicable, as soon as possible afterwards, furnish a statement in writing detailing these compelling reasons to the Minister or Minister of State who selected the in Public Office Adviser/appointee for appointment and to the Standards Commission.
It should be noted that this paragraph’s provision applies whether or not an interest has been disclosed in a statement of registrable interests referred to above.

9 4.4.
9 4.4.

Personnel Officers are required by Department of Finance Circular 4/2002 – Standards in Public Office Act 2001 to furnish on appointment to each Special Adviser and to each ministerial personal appointee who is remunerated above the second long service increment point of the HEO scale: (i) a copy of the updated model minute is attached at Appendix 10, on their obligations under the Ethics Acts.

This updated model minute must be used.
(This updated model minute supersedes that in Appendix 4 of circular 4/2002); (ii) a statement of interests form for Special Advisers (are available on the Ethics page the Department of Public Expenditure and Reform HR website; of http://hr.per.gov.ie/ (iii) A copy of circular 4/2002; and (iv) A copy of the Guidelines on Compliance with the Provisions of the Ethics in Public Office Acts 1995 and 2001 – Public Servants, published by the Standards in Public Office Commission (the most recent version is downloadable from the Standards Commission’s web site: http://www.sipo.gov.ie/en/Guidelines/Guidelines-for-Public-Servants/ 5.
5.1 5.2 5.3 The Civil Service Code of Standards and Behaviour The Civil Service Code of Standards and Behaviour (September 2008) as amended forms a part of the terms and conditions of service of all civil servants including Ministerial appointees.

The Code underpins the rules in many areas and introduces new rules governing gifts, hospitality and the acceptance of appointments outside the Civil Service.
A copy of the Code must be given to every appointee to such posts and they are required to certify in writing that they have read it.

Attention is drawn to paragraphs 5.1 to 5.4 (Civil Servants and Politics) of the Code and their application to Ministerial Private Office appointments to posts such as Special Adviser, Personal Assistant, Personal Secretary and Civilian Drivers.
The latest version of the Code can be found here: http://hr.per.gov.ie/codes-of-conduct/ Attention is also drawn to paragraph 20.2 of the Code which refers to the acceptance of outside appointments and of consultancy engagement following retirement or resignation.

This provision applies to certain persons designated under the Ethics Acts including Special Advisers who are appointed personally by Ministers.
These rules apply to Special Advisers whether defined as a Special Adviser within the meaning of section 19 of the Ethics in Public Office Act 1995 or appointed pursuant to section 11 of the Public Service Management Act 1997.

6 Lobbying a) Special Advisers are designated public officials under the Regulation of Lobbying Act 2015.
The attention of Special Advisers should be brought to the guidelines for the information of Designated Public Officials: https://www.lobbying.ie/media/5982/guidelines-for-dpos.pdf 10 b) In accordance with the Regulation of Lobbying Act 2015, a special adviser is not permitted to carry out lobbying activities involving the public service body or any designated public official with which he or she was “connected” in the preceding year for a period of one year from the day on which he or she ceases to be a special adviser unless the consent of the Standards in Public Office Commission has been obtained.
a.

The term “Connected” is explained in Section 22(4) of the Regulation of Lobbying Act as follows: i.
“For the purposes of subsection (3) a public service body is one with which a person was connected at any time if it was at that time a public service body by which the person was employed or in which the person held any office or other position” c) Similarly, a special adviser may not be employed by, or provide services to, a person carrying on lobbying activities in the circumstances described in paragraph (a) unless the prior consent of the Standards in Public Office Commission has been obtained.

7.
7.

7.1 8.

8.1 Official Secrets Act, Confidentiality, Publication etc.

All Ministerial Private Office appointees are required to observe strict standards under these headings.

Suitable provisions have been inserted in the relevant model contracts attached in Appendices 8 and 9.

Annual Leave The legislative provisions which provide for an employee’s entitlement to Annual Leave are set out in the Organisation of Working Time Act 1997.
In that context, annual leave entitlements of Ministerial Private Office appointees are in line with the provisions of Department of Finance Circular 27/03: Annual Leave and Letter to Personnel Officers: Revised Annual Leave Arrangements (dated 18th January 2012).
http://hr.per.gov.ie/annual-leave/ The contract of employment of all appointees to Ministerial Private Office posts [with the exception of Civilian Drivers] should include the following: ‘Annual leave The annual leave allowance will be [insert number of days] working days per year, exclusive of the usual public holidays.
This annual leave allowance is subject to the usual conditions which apply in the Civil Service regarding the granting of annual leave, and to the making, at such times as may be determined from time to time by the Secretary General, of returns of annual leave taken.’ 8.2 In the case of Civilian Drivers, two drivers should be employed.

Annual leave arrangements for Civilian Drivers are as provided for in the Model Contract for Civilian Drivers.
Queries in respect of Annual Leave should be sent by email to cshrhelpdesk@per.gov.ie 11 9.
9.1 Sick Leave Sick pay during properly certified sick absence, provided there is no evidence of permanent disability for service, may be allowed on a pro-rata basis, in accordance with the provisions of Public Service Management (Sick Leave) Regulations (SI 124 of 2014) and Public Service Management (Sick Leave) (Amendment) Regulations (SI 384 of 2015) and Department of Public Expenditure & Reform Circular 12/2015 governing sick leave in the Civil Service.
The appointee will be required to sign a mandate authorising the Department of Social Protection to pay any benefits due to the appointee, under the Social Welfare Acts, directly to the employing Department (Houses of the Oireachtas Commission in the case of Parliamentary/Secretarial Assistants).

Payment of salary during illness will be subject to the appointee making the necessary claims for social insurance benefit to the Department of Social Protection within the required time limits.
Queries in respect of Sick Leave should be addressed by email to cshrhelpdesk@per.gov.ie 10.

Superannuation and Retirement Arrangements 10.1 The superannuation arrangements for appointees are set out in paragraphs 9.6 to 9.22 below.
Impact of the Public Service Pensions (Single Scheme and other Provisions) Act 2012 and Public Service Superannuation (Miscellaneous Provisions) Act 2004 10.2 Establishing previous public service employment history For Special Advisers and Civilian Drivers being appointed to a Minister’s private office, Departments should establish their previous Public Sector employment history (if any) so as to determine, at the outset, whether an employee should be a member of the Single Scheme or a member of the Pension Scheme for Non-Established State Employees.
Personal Assistants and Personal Secretaries will continue to be paid by the Houses of the Oireachtas Service and will remain part of the Secretarial Assistance Superannuation Scheme.
10.3 Relevant factors in determining an appointee’s membership of the Single or “new entrant” status include (a) (b) Whether the appointee was employed in a public service body or a body to The date of appointment to previous post in the Public Service, which Schedule 1 of 2004 Act apply, (c) Whether the appointee was in a pensionable position in that public service body or a body to which Schedule 1 of 2012 Act does not apply in that previous appointment And whether there has been a break of more than 6 months between such appointments.
(d) Note: It is very important to establish correctly the full service history of an appointee.

Making assumptions about membership of the Single Scheme or about the “new entrant” status of an individual simply because the appointee is coming from another Department, Office or Public Body can give rise to misunderstandings about pension entitlements.

12 Please obtain and carefully examine the service history of the individual.
If it appears that an error has been made in respect of a previous determination, the error should be rectified as early as possible and appropriate actions taken.

10.4 The default pension scheme for a Ministerial Appointee is membership of the Single Scheme.

The terms of that scheme include a minimum pension age of 66 (rising to 67 in 2021 and 68 in 2028 in line with State Pension Age) and a maximum retirement age of 70.
10.5 An appointee who has worked in a pensionable (non-single scheme terms) public service job in a Public Service Body as defined in Section 5 of the 2012 Act in the 26 weeks prior to appointment or is currently on a career break or special leave with/without pay from such a position shall be a member of the Pension Scheme for Non-Established State Employees.

Where an employee shall be a member of the Pension Scheme for Non-Established State Employees.
Departments should further determine whether such an employee should be treated as a “new entrant” for the purposes of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 based on their previous Public Service employment history (if any).

In this regard Departments should refer to the Department of Finance’s letter of 26 March 2004 from Ms Cloda Ryan to all Secretaries General on the implications of the 2004 Act.
10.6 It should be noted that the 2004 Act contains a similar provision to the Single Scheme in respect of a “26 weeks break” with two important distinctions a) The individual does not have to be in a pensionable position in the previous employment in respect of the 2004 Act whereas the 2012 Act requires that the individual has served in a pensionable position.
b) Schedule 1 of the 2004 Act includes such Public Sector bodies as the ESB and RTÉ which in the normal course of events do not fall under the umbrella of Public Service bodies while the Schedule of the 2012 Act excludes such bodies.

Therefore appointees coming directly from organisations such as RTE, ESB, An Post shall be members of the Single Scheme where they have not been employed elsewhere in the Public Service in the last 26 weeks.
Departments should familiarise themselves with the list of bodies in Schedule 1 of the 2004 Act and the Schedule in the 2012 Act.

10.7 The implications of the 2004/2012 Acts should be fully explained to the appointee including the appointee’s responsibility in agreeing to the determination.

When the appointee’s status under the Act has been determined, the appointee should be advised of this determination.
He/she should be given a clear written statement as to which superannuation arrangements apply to him/her.

An appointee is required to complete a declaration agreeing to the pension determination.

An outline of such a declaration is set out at Appendix 2 (Single Scheme Membership), Appendix 3a & 3b (Non-Established Scheme Membership – including new entrant status).

If there are any doubts as to the status of an appointee Departments should contact mairead.mccarthy@per.gov.ie.
13 10.8 This statement should form part of the offer of appointment so that the person is fully aware of his or her superannuation position before taking up appointment.

It should be signed by the Personnel Officer and the new appointee and should remain on the appointee’s Personnel record.

Extracts in respect of membership of the Single Scheme are provided at Appendix 4.

Extracts from the 2004 Act in relation to the definition of “new entrant” are enclosed at Appendix 5.
They should be copied and issued to all appointees, along with the other documentation on superannuation.

(a) Retirement Age: a) For an appointee who is a member of the Single Scheme the maximum retirement age is 70. b) For an appointee who is a member of the Pension Scheme for Non-Established State Employees and who is deemed to be a “new entrant” in accordance with the 2004 Act there is no specified retirement age.
c) For an appointee who is a member of the Pension Scheme for Non-Established State Employees and who is deemed not to be a new entrant in accordance with the 2004 Act, retirement is compulsory on reaching 65 years’ of age.

d) Note: Tenure is co-terminus with the Minister unless terminated earlier.

The alternative paragraphs to be used in the contracts for “single scheme members” and “new entrants” are shown in the model contracts at Appendices 8 to 11.
10.10 Minimum Pension Age a) The minimum age at which pension is payable under the Single Scheme is 66 (rising in line with State pension age to 67 in 2021 and 68 in 2028).

b) The minimum age at which pension is payable under the Pension Scheme for Non-Established State Employees is 65 regardless of an individual’s “new entrant” status.
Pension arrangements 10.11 General: In general, an appointee who has never worked in the Public Service will be offered appointment based on membership of the Single Public Service Pension Scheme at http://www.per.gov.ie/pensions Full details of Scheme”).

Scheme (“Single the are is compulsory except Membership of the Scheme in certain circumstances.

Departments should ensure that all appropriate contributions in respect of the Scheme are deducted in the usual manner.
The minimum age at which pension is payable under the Single Scheme is 66 (rising to 67 in 2021 and 68 in 2028 in line with State pension age).

10.12 Where the appointee has worked in a pensionable (non-single scheme terms) public service post in the 26 weeks prior to appointment or is currently on a career break or special leave with/without pay different terms may apply.

The pension entitlement of such appointees will be established in the context of their public service employment history.
14 10.13 Interaction with other public service superannuation schemes: For all persons being appointed to a Minister’s private office, Departments should establish if the appointee is in receipt of, or has a preserved entitlement to Public Service superannuation benefits.

The Pension Section of the Department of Public Expenditure and Reform must be consulted in all such cases.
Please Note: Any person who is in receipt of a pension or has preserved benefits under the Superannuation Acts or any other scheme of pensions to which the employer contributed (notionally or otherwise) may not qualify for a pension under the Non-Contributory Pension Scheme for Non- established State Employees in respect of their Minister’s Office service.
Examples of such persons are (i) former established Civil Servants, (ii) former Prison Officers (iii) former members of An Garda Síochána being re-employed within the Minister for Justice portfolio or (iv) former members of the Defence Forces being re-employed in the Department of Defence.

Such persons should be facilitated in having a PRSA however, the employer will not make any contributions to the PRSA.
10.14 Serving Civil or Public Servants: If a person being appointed is a serving Civil or Public Servant, the Pension Section of the Department of Public Expenditure and Reform must be consulted so that the specific circumstances can be considered.
[Note: In general, serving Civil or Public Servants are seconded to their new position and continue to be members of the superannuation scheme which applied to them immediately prior to their appointment to the Minister’s private office; if additional remuneration is paid, it is non-pensionable and superannuation contributions and entitlements are calculated by reference to the substantive salary only.]
10.15 Persons seconded from the Private Sector: The Pension Section of the Department of Public Expenditure and Reform must be consulted in all such cases.

10.16 Note: With effect from the 1 January 2013 the option to receive a payment-in-lieu of pension is no longer available.
Membership of the Single Scheme is compulsory unless the appointee has worked in a pensionable (non-single scheme terms) public service job in the 26 weeks prior to appointment or is currently on a career break or special leave with/without pay.

The pension entitlement of such appointees will be established in the context of their public service employment history.
Note: there is one exception, where immediately prior to this appointment the appointee has worked as a Ministerial appointee and has availed of the payment-in-lieu of pension they may continue to receive the payment-in-lieu.
10.17 Pension Abatement If the appointee has previously been employed in the Civil or Public Service and is in receipt of a pension from the Civil or Public Service or where a Civil/Public Service pension comes into payment during his/her re-employment that pension will be subject to abatement in accordance with the Public Service Pensions (Single Scheme and Other Provision) Act 2012.
If the appointee was previously employed in the Civil Service and awarded a pension under voluntary early retirement arrangements (other than the Incentivised Scheme of Early Retirement (ISER), Department of Health Circular 7/2010 VER/VRS, the 15 Department of Environment, Community & Local Government Circular Letter LG(P) 06/2013 or any other collective agreement which, as indicated above, renders a person ineligible for appointment) the entitlement to that pension will cease with effect from the date of reappointment.
Special arrangements will, however be made for the reckoning of previous service given by the appointee for the purpose of any future superannuation award for which the appointee may be eligible.

Department of Education and Skills Early Retirement Scheme for Teachers Circular 102/2007.

The Department of Education and Skills introduced an Early Retirement Scheme for Teachers.
It is a condition of the Early Retirement Scheme that with the exception of the situations set out in paragraphs 10.2 and 10.3 of the relevant circular documentation, and with those exceptions only, if a teacher accepts early retirement under Strands 1, 2 or 3 of this scheme and is subsequently employed in any capacity in any area of the public sector, payment of pension to that person under the scheme will immediately cease.
Pension payments will, however, be resumed on the ceasing of such employment or on the person’s 60th birthday, whichever is the later, but on resumption, the pension will be based on the person’s actual reckonable service as a teacher (i.e.

the added years previously granted will not be taken into account in the calculation of the pension payment).

Ill-Health Retirement.


For an individual who has retired from a Civil/Public Service body on the grounds of ill-health his/her pension from that employment may be subject to review in accordance with the rules of ill-health retirement within the pension scheme of that employment.
10.18 Pension Accrual The Public Service Pensions (Single Scheme and other Provisions) Act 2012 introduced a 40-year limit on total service that can be counted towards pension where a person has been a member of more than one pre-existing public service pension scheme.

Therefore, an appointee who has already accrued 40 years (or equivalent) pension cannot accrue additional pensionable service.

Note: This currently does not apply to appointees who will be members of the Single Scheme.
10.19 Pension Related Deduction (PRD): All remuneration under these appointments is subject to the Pension Related Deduction in accordance with the Financial Emergency Measures in the Public Interest Act 2009.

Appointees who receive their remuneration across two or more Departments/Offices/Bodies, e.g.

secondees, are entitled to only one set of thresholds between all remuneration.
For the purpose of PRD the appointee shall designate only one Public Sector employment as the main employment and any other Public Sector employment as a subsidiary employment.

Subsidiary Public Sector employments attract the top rate of PRD.

It is the responsibility of the appointee to liaise with his/her main employment to reconcile his/her PRD at the end of the year.
16 10.20 Disclosure of Information All appointees will be required to disclose all information and sign a declaration relating to any prior public service employment in order to correctly determine one’s public service pension entitlement.
For further information in relation to the Single Public Service Pension Scheme for Public Servants please see the following website: http://www.per.gov.ie/pensions Queries in respect of Superannuation Arrangements should be addressed to Ms Máiréad McCarthy by email at Mairead.McCarthy@per.gov.ie or by telephone at (01) 604 5751.

11.
11.

Severance provisions 11.1 Ministerial personal staff who have not been appointed by way of secondment from the Civil Service or some other form of leave of absence from other employments and who, therefore, have no job to return to on cessation of office of the Minister or Minister of State will receive severance payments of the more favourable of:- 2 months’ pay, or 4 weeks' pay per year of service as Ministerial personal staff (with part years being reckoned on a pro rata basis).
Severance is not payable to staff who are appointed on the basis of secondment or leave of absence from other employment.

Where staff had previous service in the pension scheme for Secretarial Assistance, or service elsewhere in the Public Service which has been transferred under the terms of the Public Sector or Local Government Transfer Network, Departments should contact this Department for guidance.
11.2 In the case of staff who are members of the Non-Established State Employees’ Pension Scheme and who have completed at least 2 years’ service, the severance payment is inclusive of the retirement lump sum payable under the Scheme.

11.3 The severance payments are in addition to any entitlements which the staff would have under the Minimum Notice and Terms of Employment Acts 1973 to 2005.
11.4 The severance payments are also in addition to payments under the Redundancy Payments Acts (now 2 weeks’ pay per year of service plus one weeks’ pay; the maximum weekly rate of pay on which this calculation can be based is currently €600).

Queries in respect of severance arrangements should be addressed to James Maher by email at james.maher@per.gov.ie .

12.
12.

Travel and Subsistence 12.1 The normal Civil Service Travel and Subsistence provisions will apply to appointees to the post of Special Adviser and other posts to which Ministerial Private Office 17 including posts as Civilian Drivers.

Circular 5/2015: appointments are made Subsistence Allowances of July 2015 introduced new distance requirements in order to qualify for an overnight allowance.

These distance requirements will apply to Ministerial appointments.
12.2 Due to the particular nature of the post of Civilian Driver, the following text should be included in a contract of employment for an appointee to that post: Headquarters “Your Headquarters will be such as may be designated from time to time by the Secretary General.
Travel and Subsistence payments will be made at the appropriate Civil Service rates in respect of certified official travel and subject to the usual Civil Service regulations which apply in relation to Travel and Subsistence.” Note: Civilian Drivers will continue to be entitled to claim overnight subsistence in all instances where they are 100km from their home.
(The previous arrangement whereby Civilian Drivers residing more than 24.14 kilometres from the GPO, Dublin and where the headquarters of the Department is located in Dublin, were paid overnight subsistence allowance no longer applies.)

Day subsistence allowances are not payable for absences at any place within eight kilometers of the driver's home or headquarters.

Removal Expenses 12.3 It should be noted that removal expenses will not apply to any appointment covered by these Instructions.
Queries in respect of Travel and Subsistence should be sent by email to travel.policy@per.gov.ie.

13.
13.

Mandatory Legislative Provisions 13.1 The following are the main Acts prescribing mandatory provisions which must be included in a contract of employment in some form (some of the more significant provisions referred to have been dealt with earlier): Organisation of Working Time Act 1997  Holidays and Public Holidays – Section on Annual Leave  Working Hours – Section on Hours of Attendance  Rest Periods – Section on Rest Periods.
Terms of Employment (Information) Act 1994  Name of Employer and Employee, Place of Work, Job Title and Date of Commencement – Preamble to Contract  Expected duration of temporary employment – Section on Tenure  Rate of Remuneration and Pay Periods – Section on Pay 18  Terms and Conditions relating to Hours of Work – Section on Hours of Attendance  Terms and Conditions relating to Paid Leave – Section relating to Annual Leave  Terms and Conditions relating to incapacity for work due to illness or injury – Section on Sick Leave  Terms and Conditions relating to Superannuation  Periods of Notice [to include a statement of the method used for determining the period of notice] – Section on Tenure Protection of Employees (Part Time Work) Act 2001 Protection of Employees (Fixed-Term Work) Act 2003 Ethics Acts (i.e.
the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001) Public Service Management Act 1997 Appendix 7 deals with the Organisation of Working Time Act 1997 and Civilian Drivers.

19 Appendix 1 GUIDELINES ON STAFFING OF MINISTERIAL OFFICES These Guidelines replace those issued to Departments in March 2011 and follow on from Government Decision S180/20/10/2058.

1.
1.

GENERAL a) Any Ministerial appointments must comply with the relevant part of these Guidelines, in particular the necessity to obtain the prior sanction of the Minister for Public Expenditure and Reform where appropriate.

b) The guidelines as set out below will apply, but may be subject to specific individual exceptions, which will only be given by the Minister for Public Expenditure and Reform following consideration of a detailed business case.

a.
a.

All business cases for individual exceptions will be published on the Department’s website.

c) Appointments from outside of the Civil Service require the sanction of the Taoiseach.

The appointment of Special Advisers requires the approval of Government in accordance with Public Service Management Act 2007 (section 11).

d) Payment may not be made until the relevant contract has been signed by the appointee and the Secretary General of the Department concerned.
e) For the 32nd Dáil term it is expected that Ministers and Ministers of State will appoint their existing Parliamentary Assistant and Secretarial Assistant staff to the position of Personal Assistant and Personal Secretary and, if so, such staff will continue to be paid by the Houses of the Oireachtas Service and will remain part of the secretarial pension scheme.

However, their accommodation and equipment will continue to be paid by Departments/Offices as heretofore.

2.
2.

PRIVATE AND CONSTITUENCY OFFICES – Staffing Limits (a) (b) The number of staff in a Minister’s Private Office may not exceed 8.
However, in anticipation of greater resources being required on Parliamentary liaison matters given the composition of the current Dáil, Secretaries General have delegated sanction to increase the overall numbers in Ministers Private offices to 10 where the volume of activity, and in particular, the degree of Parliamentary liaison required in the ministerial role, warrants such an increase.

The number of staff in a Minister of State’s Private Office may not exceed 5.
However, in anticipation of greater resources being required on Parliamentary liaison matters given the composition of the current Dáil, Secretaries General have delegated sanction to increase the overall numbers in Ministers of State Private offices to 7 where the 20 volume of activity, and in particular, the degree of Parliamentary liaison required in the ministerial role, warrants such an increase.

(c) The number of staff in a Minister’s Constituency Office may not exceed 4.
(d) The number of staff in a Minister of State’s Constituency Office may not exceed 3.

(e) Where a Minister of State is assigned to more than one Department, the staffing numbers for Minister of States Offices may not exceed 7.

There should be only one Constituency Office, with a maximum of 3 staff.

(f) Within the staffing limits indicated above a Minister or a Minister of State may appoint one Personal Secretary and one Personal Assistant.
Both the Personal Secretary and Personal Assistant will remain as employees of the Minister and will retain the terms and conditions of the Secretarial Assistance Scheme in the Houses of the Oireachtas Commission.

Accommodation and equipment will continue to be provided by the Department and Office in which they are based.

(g) Within the staffing limits indicated above a Minister, may appoint 2 Special Advisers.

(h) Ministers and Ministers of State may also appoint 2 civilian drivers.
Civilian drivers are not ‘office’ staff and are therefore not encompassed by the limits set out above.

3.

SPECIAL ADVISERS (a) Following a request from a Minister of the Government, the Government can appoint a Special Adviser, as provided for by Section 11 of the Public Service Management Act 1997.

In the 32nd Dáil, in general, it is expected that only Ministers of the Government (and any Minister of State who regularly attends Cabinet) will have Special Advisers appointed to them.
Special Advisers are appointed under the terms and conditions set out in these Guidelines and the model contract.
(b) Remuneration Special Advisers to Ministers and Ministers of State who regularly attend Cabinet are to be placed on the Principal Officer (standard) PPC scale:  €79,401 – €82,587 - €85,750 – €88,936 – €91,624 While appointments should normally be on the first point of the scale, Secretaries General have delegated sanction to approve any increment on the Principal standard scale where they are satisfied that this is justified.
The Department of Public Expenditure and Reform must be notified of the rate to be paid in all cases; these rates will be published on the website of the Department of Public Expenditure and Reform.
21 Where it is proposed to appoint to a salary more than the maximum of the Principal standard scale, the Secretary General of a Department must decide to seek sanction from the Department of Public Expenditure and Reform, having regard to the candidate’s existing pay and previous relevant experience to justify the pay rate now sought.

This will be subject to the sanction of the Department of Public Expenditure & Reform.
The individual pay rates sanctioned will be published on the website of the Department of Public Expenditure and Reform.
Special Advisers to Ministers of State are to be placed on the Assistant Principal Officer (standard) PPC scale:  PPC – €65,000 – €65,000 - €66,040 – €68,262 – €70,479 – €71,758 While appointments should normally be on the first point of the scale, Secretaries General have delegated sanction to appoint to any increment on the Assistant Principal standard scale where they are satisfied that this is justified.
The Department of Public Expenditure and Reform must be notified of the rate to be paid in all cases; these rates will be published on the website of the Department of Public Expenditure and Reform.

The above restrictions on salary scale do not apply to Special Advisers to the Taoiseach or Tánaiste.

The individual pay rates must be advised to the Department of Public Expenditure and Reform and will be published on its website.

Severance arrangements are covered in section 11 of the Guidelines.
Standard public severance terms apply to new appointments as Special Adviser.

See section 10 for further details.

(c) Increments Where a Special Adviser is placed on a salary point below the maximum of the scale he or she may be paid an annual increment until the maximum of that scale is reached, and then progress to the Long Service Increments of the scale subject to usual service requirements.
A Special Adviser may, by an agreement with his or her own Minister, agree a salary lower than as set out in these guidelines, such agreement is to be included and noted in the signed contract.

4.

PERSONAL ASSISTANTS AND PERSONAL SECRETARIES All Officeholders may appoint one Personal Assistant and one Personal Secretary.
It is often the case that Members of the Oireachtas who are appointed as Ministers will appoint their previous Secretarial Secretary as their Personal Secretary and their previous Parliamentary Assistant as their Personal Assistant, such staff will continue to be paid by the Houses of the Oireachtas Service and will remain part of the secretarial pension scheme.

22 5.

CIVILIAN DRIVERS Ministers or Minister of State may appoint 2 Civilian Drivers.
The selection of these appointees is a matter for each individual Minister or Minister of State.

The salary for Civilian Drivers is €631.75 per week.

Drivers who will become members of the New Single Pension Scheme should be paid the rate of €665.00 per week.

6.

CIVIL SERVANTS No serving civil servant may be promoted on joining a Minister’s or Minister of State’s Private Office, as Special Adviser or otherwise.
Such officers remain eligible for promotion within the Civil Service on the same basis as other officers.

Similarly, civil servants should not be promoted outside of the normal arrangements for promotion in the Civil Service when Ministers are vacating office.
23 Appendix 2 (Member of the Single Scheme) OUTLINE OF STATEMENT REGARDING SUPERANNUATION PROVISIONS AND RETIREMENT AGES FOR ALL PEOPLE TAKING UP APPOINTMENT ON OR AFTER 1 JANUARY 2013 The Public Service Pensions (Single Scheme and Other Provisions) Act 2012 introduces new superannuation and retirement provisions for public servants who are deemed to be members of the Public Service Pension Single Scheme (“Single Scheme”) in accordance with section 9 and 10 of the Act.
A copy of these sections is attached for your information.

On the basis of the information supplied by you in relation to your previous Public Service employment history i.e.

that 1.
You have never been employed in a pensionable position in the Public Service or 2. in the 26 weeks immediately preceding your appointment on or after 1 January 2013 (i) you have not been employed in a pensionable position (Note: for the purposes of the legislation an individual who is on a career break or a leave of absence is deemed to be still in employment) in the Public Service and (ii) you have not been a member of a pre-existing scheme as defined in the above legislation You are deemed to be a member of the Single Scheme.
Personnel Officer, Department of [Insert Name of Department] Name: _____________________________ Signed: ____________________________ Dated: ____________________________ Form of Acceptance to be signed by an appointee The implications of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 have been explained to me.

A copy of the sections 9 and 10 relating to “membership” has been given to me.
I have considered those sections and I agree/do not agree (strike out as appropriate) with the decision in my case.

(If you do not agree with the decision, please state your reasons.)
Name: _____________________________ Signed: ____________________________ Dated: ____________________________ 24 Appendix 3a (Member of the Non-Established Pension Scheme) OUTLINE OF STATEMENT REGARDING SUPERANNUATION PROVISIONS AND RETIREMENT AGES FOR ALL PEOPLE TAKING UP APPOINTMENT ON OR AFTER 1 JANUARY 2013 The Public Service Pensions (Single Scheme and Other Provisions) Act 2012 introduces new superannuation and retirement provisions for public servants who are deemed to be members of the Public Service Pension Single Scheme(“Single Scheme”) in accordance with section 9 and 10 of the Act.
A copy of these sections is attached for your information.

On the basis of the information supplied by you in relation to your previous Public Service employment history i.e.

that 1.
that 1.

(i) During the 26 weeks immediately preceding your appointment on or after 1 January 2013 you have been employed in a pensionable position in the Public Service, and (ii) You have been a member of a pre-existing scheme as defined in the above legislation during the 26 weeks You are deemed not to be a member of the Single Scheme.
Personnel Officer, Department of [Insert Name of Department] Name: _____________________________ Signed: ____________________________ Dated: ____________________________ Form of Acceptance to be signed by an appointee The implications of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 have been explained to me.

A copy of the sections relating to “membership” has been given to me.
I have considered those sections and I agree/do not agree (strike out as appropriate) with the decision in my case.

(If you do not agree with the decision, please state your reasons.)
Name: _____________________________ Signed: ____________________________ Dated: ____________________________ 25 Appendix 3b (Member of the Non-Established Scheme – New Entrant Status) OUTLINE OF STATEMENT REGARDING SUPERANNUATION PROVISIONS AND RETIREMENT AGES FOR ALL PEOPLE TAKING UP APPOINTMENT ON OR AFTER 1 APRIL 2004 The Public Service Superannuation (Miscellaneous Provisions) Act 2004 was passed on 25 March 2004.
The Act introduces new superannuation and retirement provisions for new entrants to the public service.

The term “new entrant” is defined in Section 2 of the Act.

A copy of that Section is attached for your information.

On the basis of the information supplied by you in relation to your previous employment history, you are deemed to be a new entrant.
This means that your superannuation position is as follows: [details should be given outlining the scheme which applies, the rate of contribution, the rate of accrual, the minimum pension age and whether or not a compulsory retirement age applies] or On the basis of the information supplied by you in relation to your previous employment history, you are deemed not to be a new entrant.
This means that your superannuation position is as follows: [details should be given outlining the scheme which applies, the rate of contribution, the rate of accrual, the minimum pension age and whether or not a compulsory retirement age applies] Personnel Officer, Department of [Insert Name of Department] Name: _____________________________ Signed: ____________________________ Dated: ____________________________ Form of Acceptance to be signed by an appointee The implications of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 have been explained to me.
A copy of the definition of “new entrant” has been given to me.

I have considered that definition and I agree/do not agree (strike out as appropriate) with the decision in my case.

(If you do not agree with the decision, please state your reasons.)
Name: _____________________________ Signed: ____________________________ Dated: ____________________________ 26 Appendix 4 Membership of the Single Scheme THE FOLLOWING ARE EXTRACTS FROM THE PUBLIC SERVICE PENSIONS (SINGLE SCHEME AND OTHER PROVISIONS) ACT 2012 re membership of the “Single Scheme” These extracts should be copied and issued to all appointees, along with the other documentation on superannuation.
Scheme and membership 9.—(1) There is established a scheme, to be known as the Single Public Service Pension Scheme (in this Part referred to as the “Scheme”) whose terms and conditions are provided for by or under this Part.
(2) The Scheme applies to public servants other than the following— (a) persons who are not Scheme members by virtue of section 10, (b) any person who has not attained the age of 16 years, (c) except in respect of a Scheme member to whom section 20, 21, or 23 relates, any person after he or she attains the following: (i) (ii) subject to subparagraph (ii), the age of 70 years; where an age later than the age of 70 years is provided for by order under section 13, such later age.
10.—(1) Subject to subsections (2) to (5), in this Part “Scheme member” means a person who is not serving in a public service body as a pensionable public servant on the day immediately preceding the day this section comes into operation but becomes a pensionable public servant on or after such date.
(2) Where— (a) on the day immediately preceding the operative date a pensionable public servant— stands seconded from the public service to a body not in the public service (whether or not within the State), or is absent on leave with or without pay from the public service, (i) (ii) and (b) that pensionable public servant is entitled to resume his or her office or position or another office or position within the public service, then that pensionable public servant shall not be a Scheme member on such resumption within the public service on or after the operative date and, accordingly, the provisions applicable in respect of his or her pensionable public service shall apply in the same manner 27 as those provisions would have applied to such a pensionable public servant if he or she had been serving in the public service on the day immediately preceding the operative date.
(3) Where— (a) a person duly receives a written offer of appointment as a pensionable public servant before the operative date and takes up that offer after that date, (b) subject to section 47, a person was serving in a public service body as a pensionable public servant before the operative date and left the relevant office or position but, subsequently, takes up appointment as a pensionable public servant— under the same contract of employment as he or she had been so serving under, or within 26 weeks after his or her last day of service before that date, (i) (ii) Or (c) a person who immediately before the operative date stood admitted as a trainee Garda to the Garda College, And where— (I) but for this subsection, the person concerned would be a Scheme member, and (II) where paragraph (a) applies, the terms of the offer of appointment would be contravened if subsection (1) were to apply, Then the person shall not be a Scheme member and the provisions applicable in respect of his or her pensionable public service shall apply in the same manner as those provisions would have applied to such a pensionable public servant if he or she had been serving in the public service on the day immediately preceding the operative date.
(4) Where at any time before the operative date a person was a member of the Oireachtas or the European Parliament or was a holder of a qualifying office but was not such a member or holder on the operative date, then, subject to section 47, such person shall not be regarded as a Scheme member for the purposes of any superannuation benefit payable in respect of any subsequent membership of the Oireachtas of the European Parliament or the holding of any qualifying office.
(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 47, 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.
28 Appendix 5 Definition of New Entrant THE FOLLOWING ARE EXTRACTS FROM THE PUBLIC SERVICE SUPERANNUATION (MISCELLANEOUS PROVISIONS) ACT 2004 re DEFINITION OF “NEW ENTRANT” These extracts should be copied and issued to all appointees, along with the other documentation on superannuation.
New entrant 2.—(1) Subject to subsections (2) to (6), reference in this Act to ‘‘new entrant’’ means a person who is not serving in a public service body2, or a body to which Schedule 13 relates, on 31 March 2004 but becomes a public servant on or after 1 April 2004.
(2) Where a person is not a public servant (by virtue of the exclusions to ‘‘public servant’’ in section 1)4 but is a person to whom— (a) paragraph (i) of those exclusions relates and such person holds, or had held on or before 31 March 2004, the office to which that paragraph relates, or (b) paragraph (ii), (iii), (iv) or (v) of those exclusions relates and such person holds on 31 March 2004 an office or position to which one of those paragraphs relates or to whom subsection (3) would apply if the office or position were that of a public servant within the meaning of this Act, then, where such person on or after 1 April 2004 becomes a public servant for the purposes of this Act, then that person shall be deemed not to be a new entrant.
(3) Where— (a) a person on 31 March 2004— (i) stands seconded from the public service to a body not in the public service, either within or outside the State or both, or (ii) is absent on leave with or without pay from the public service, and (b) that person is entitled to resume his or her office or position or another office or position within the public service, 2 Copy of definition from Section 1 of the Act below for ease of reference.

3 Copy of Schedule 1 below for ease of reference.


4 NOTE: This subsection refers to exclusions in Section 1 of the Act and the offices referred to are: (i) the President, (ii) a member of the judiciary, (iii) the Master of the High Court, (iv) a taxing master, (v) a county registrar.

29 then that person shall not be treated as a new entrant if he or she resumes his or her office or position, or takes up another office or position, within the public service on or after 1 April 2004.
(4) Where— (a) a person duly receives a written offer of appointment as a public servant before 1 April 2004 and takes up that offer after that date, (b) a person was serving in a public service body or a body to which Schedule 1 relates prior to 31 March 2004 and left such an office or position and takes up appointment as a public servant on or after 1 April 2004— (i) under the same contract of employment, or (ii) no later than 26 weeks following the last day of service prior to 31 March 2004, or (c) a person who immediately before 1 April 2004 stood admitted as a trainee Garda to the Garda College at Templemore, and where— (I) but for this subsection, subsection (1) would apply to him or her, and (II) where paragraph (a) applies, the terms of the offer of appointment would be contravened if subsection (1) were to apply, then, such person shall not be regarded as a new entrant and the provisions applicable to a public servant shall, but only in so far as the application of provisions relating to retirement age and superannuation, as the case may be, apply in the same manner as to a person serving in the public service on 31 March 2004.
(5) (a) Where before 1 April 2004 a person was a member of either House of the Oireachtas or the European Parliament, or was a holder of a qualifying office, then such person shall not be regarded as a new entrant for the purposes of any superannuation benefit payable in respect of membership of the Oireachtas or the European Parliament or in respect of any qualifying office.
(b) A person who holds or has held the office of Taoiseach shall not be regarded as a new entrant in relation to any superannuation benefit payable in respect of the holding of a qualifying office.
(6) Where on or after 1 April 2004 a public servant who is not a new entrant ceases to serve in a public service body or in a body to which Schedule 1 relates and does so otherwise than for employment in another public service body or in a body to which Schedule 1 relates, then 30 that person shall, if he or she subsequently applies for an office or position within the public service, be treated as a new entrant 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.
(7) For the purpose of supplementing subsection (5), the Act referred to in columns 1 and 2 of Part 1 of Schedule 2 is amended to the extent specified in column 3 of that Part opposite the references to the Act concerned.
‘‘public service body’’ means— (a) the Civil Service, (b) the Garda Síochána, (c) the Permanent Defence Force, (d) a local authority for the purposes of the Local Government Act 2001, (e) a health board, (f) a vocational education committee established under section 7 of the Vocational Education Act 1930, (g) a body, other than a body set out in Schedule 1— (i) established by or under any enactment (other than the Companies Acts 1963 to 2003), or (ii) established under the Companies Acts 1963 to 2003 in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government, and in respect of which a public service pension scheme5 exists or applies or may be made, (h) any body, other than a body set out in Schedule 1, wholly or partly funded out of moneys provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a public service pension scheme exists or applies or may be made, (i) any subsidiary of a body to which paragraph (d), (e) or (g)relates and in respect of which a public service pension scheme exists or applies or may be made, 5 Copy of definition from Section 1 below for ease of reference.
31 and reference to ‘‘public service’’ shall be read accordingly; ‘‘public service pension scheme’’ means an occupational pension scheme or pension arrangement, by whatever name called, for any part of the public service which— (a) is provided for under the Superannuation Acts 1834 to 1963 or any other enactment to like effect, or (b) is made by a relevant Minister or which has been approved or requires the approval or consent, however expressed, of either or both a relevant Minister and the Minister, but is not a scheme or arrangement in respect of a body or category of bodies set out in Schedule 1; SCHEDULE 1 BODIES TO WHICH THE DEFINITION OF ‘‘PUBLIC SERVICE BODY’’ DOES NOT APPLY [BUT WHO ARE COVERED BY THE 2004 ACT] 1.
A body which has an occupational pension scheme or arrangement that is made or may be made under the agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing Implementation Bodies done at Dublin on 8 March 1999.

2.

Aer Lingus Group p.l.c.

3.

Aer Rianta c.p.t.

4.

Arramara Teoranta.

5.

Bord Gáis Éireann.

6.

Bord na gCon.

7.

Bord na Móna.

8.

Córas Iompair Éireann.

9.

Coillte Teoranta.

9A.

EirGrid 10.


Electricity Supply Board.

11.

A harbour authority within the meaning of the Harbours Act 1946 or company to which section 7 of the Harbours Act 1996 relates.

12.

Horse Racing Ireland.

13.

Irish National Stud Company Limited.

14.

Irish Aviation Authority.

15.

An Post.

16.

An Post National Lottery Company.

17.

Radio Teilifís Éireann.

18.

Railway Procurement Agency.

19.

Voluntary Health Insurance Board.

20.


A subsidiary of any body to which this Schedule relates.

32 Appendix 6 Guidelines on the issuing of Excluding Orders Ministerial Appointments Where an appointment is being made to the post of Civilian Driver an Excluding Order is required under Section 8 of the Public Service Management (Recruitment and Appointments) Act 2004.

Service in such posts is co-terminus with the term of office of the appointing Minister.
An Excluding Order is not required where an appointment is to the post of special adviser as such appointments are covered by the general exclusion provided under section 7(1) (e) of the 2004 Act.

Guidelines on the issuing of Excluding Orders Department of Finance Circular 37/2007: Guidance Note of 15, November, 2007 to all Personnel Officers on the use of Excluding Orders as provided for under the Public Service Management (Recruitment and Appointments) Act, 2004, refers.
http://hr.per.gov.ie/recruitment-policy/ The sanction of the Minister for Public Expenditure and Reform is required before approaching the Commission for Public Service Appointments (CPSA) to request the making of an Excluding Order.

Departments/Offices should note that where the making of an appointment requires an Excluding Order, under no circumstances should that appointment be made nor any contractual arrangements entered into, until the Order is made.
There is no facility under the Act for the retrospective issuing of an Excluding Order.
Procedure for applying for an Excluding Order or extension to an existing Excluding Order 1: There are three steps involved in making application for an Excluding Order or seeking an extension to an existing Excluding Order as set out below: a) Request sanction for the post from appropriate Vote Section, Department of Public Expenditure and Reform, 7-9 Merrion Row, Dublin 2), b) Request approval from Recruitment Section to submit application to the Commission for Public Service Appointments (CPSA) to fill the position by way of an Excluding Order, (Recruitment Section, Department of Public Expenditure and Reform, 7-9 Merrion Row, Dublin 2 (cshrpolicy@per.gov.ie) c) Submit application to CPSA.
(Commission for Public Service Appointments, 18 Lower Leeson Street, Dublin 2).

33 Appendix 7 Organisation of Working Time Act 1997 and Civilian Drivers The OWTA places a clear obligation in relation to record keeping (Section 25(1) OWTA 1997).

The prescribed format and content of the records required is set out in S.I.

No.

473 - Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001.

In addition a prescribed form (Form OWT1) is provided in a Schedule to that S.I.
for the purposes of recording the days and hours worked each week.

To be compliant with the legislation, in the absence of clocking in facilities, Form OWT1 (reproduced below) or a form ‘substantially to like effect’ must be used by all Departments to record Civilian Drivers’ working time.

Form OWT1 must be completed by the Civilian Driver, countersigned and retained by the employer.
On 27 September 2010 a letter issued from the Department of Finance to all Personnel Officers including the following text: “As you are aware SI 21/1998 Organisation of Working Time (General Exemptions) Regulations, 1998, sets out subject to the subsequent provisions of this Regulation, the activities exempted from the application of sections 11, 12, 13 and 16 (replicated as Appendix 1 attached to this letter) of the OWTA.
I wish to draw attention to the recent advice of the Attorney General’s Office that the language in paragraph 1 of the Schedule to SI 21/1998 ‘an activity in which the employee is regularly required by the employer to travel distances of significant length, either from his or her home to the workplace or from one workplace to another workplace’ is wide enough to encompass a Civilian Driver to a Minister of State.
This being so Sections 11, 12, 13 and 16 of the OWTA do not apply to Civilian Drivers to Ministers of State.
As regards what rest periods such workers are entitled to Article 4 of SI 21/1998 is quite clear: If an employee is not entitled, by reason of the exemption, to the rest period and break referred to in sections 11, 12 and 13 of the Act, the employer shall ensure that the employee has available to himself or herself a rest period and break that, in all the circumstances, can reasonably be regarded as equivalent to the first-mentioned rest period and break.
In other words civilian drivers to Ministers of State must not overall have any less of a rest period than a worker covered by the Act.

It is important that the compensatory rest for rest breaks at work and for daily rest breaks, in particular, be provided as soon as possible and, generally, in an adjacent time frame.

In this context, paid off-duty periods may be regarded as constituting compensatory rest.
For example, where a civilian driver works seven days on and seven days off, they could in theory be due seventy seven hours compensatory rest but this could be deemed to be provided by the following week off.

Attention is also drawn to the obligations of Ministers and Accounting Officers in relation to record keeping for Ministerial Private Office Staff.
Accounting Officers are required to satisfy themselves that arrangements are in place for the keeping of records of a Civilian 34 Driver’s time and attendance, and to ensure compliance with these requirements on a regular basis, perhaps quarterly.

A sample record is set out overleaf.
35 FORM OWTI ORGANISATION OF WORKING TIME ACT 1997 PLEASE COMPLETE THIS FORM IN BLOCK CAPITALS EMPLOYER’S REGISTERED NUMBER __________________________ BUSINESS NAME OF EMPLOYER _____________________________________________ BUSINESS ADDRESS _______________________________________________________ ________________________________________________________________________ FIGURES LETTER EMPLOYEE’S PERSONAL PUBLIC SERVICE NUMBER _______________________________ SURNAME ____________________________ FIRST NAME ________________________  NUMBER OF HOURS WORKED BY EMPLOYEE PER DAY PER WEEK WEEK COMMENCING:WEEK COMMENCING:WEEK COMMENCING:WEEK COMMENCING: AND ENDING: AND ENDING: AND ENDING: AND ENDING: MONDAY MONDAY MONDAY MONDAY TUESDAY TUESDAY TUESDAY TUESDAY WEDNESDAY WEDNESDAY WEDNESDAY WEDNESDAY THURSDAY THURSDAY THURSDAY THURSDAY FRIDAY FRIDAY FRIDAY FRIDAY SATURDAY SATURDAY SATURDAY SATURDAY SUNDAY SUNDAY SUNDAY SUNDAY WEEKLY TOTAL WEEKLY TOTAL WEEKLY TOTAL WEEKLY TOTAL I DECLARE THAT THE ABOVE INFORMATION IN RELATION TO DAILY AND WEEKLY HOURS WORKED IS CORRECT SIGNATURE OF EMPLOYER: _________________________________ SIGNATURE OF EMPLOYEE: _________________________________  NUMBER OF HOURS WORKED EXCLUDES MEAL BREAKS AND REST BREAKS 36 Appendix 8 Model Contract of Employment for the post of Special Adviser Employing Department/Office [Insert Name of Department] Address ……………………………………………… ……………………………………………… Employee ……………………………………………… Address ……………………………………………… ……………………………………………… I am directed by the Minister for [Insert Name of Department] to inform you that following Government Decision N999/99/99/9999N of DD/YY/YYYY, he/she is prepared to offer you an appointment as Special Adviser under Section 11 of the Public Service Management Act 1997 on the following terms and conditions, with effect from [date of Government Decision].
General 1.

The appointment is subject to the Civil Service Regulation Acts 1956 to 2005, the Public Service Management (Recruitment and Appointments) Act 2004, the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001 and any other Act for the time being in force or any other regulations relating to your employment in the Civil Service.

Pay 2.

The salary scale for this position is [Insert actual full scale (PPC/non-PPC].

The rate of pay will be € [Insert Amount].


Payment will be made fortnightly in arrears by Electronic Fund Transfer (EFT) into a bank account of your choice.

Payment cannot be made until you supply a bank account number and bank sort code to the Personnel Section/PeoplePoint.

The rate of pay may be adjusted from time to time in line with Government policy.

Statutory deductions from salary will be made as appropriate by the Department of [Insert Name of Department].
Deductions for superannuation contributions will be made from pensionable remuneration only.

37 You will agree that any overpayment of salary or of travel and subsistence may be deducted from future salary payments due to you in accordance with the Payment of Wages Act 1991 and Circular 01/2015 Public Service Bodies (PSBs) Recovery of Overpayments from Staff.
Under Section 23 of the National Minimum Wage Act 2000, you may request a written statement of your average hourly rate of pay for any pay reference period.

Tenure 3.

The appointment is to a temporary, unestablished position in the Civil Service.

It carries no entitlement to established status, by way of limited competition or otherwise.
Your term of office of Special Adviser shall cease on the date on which the Minister ceases to be a Minister of the Government Or For a Special Adviser to a Minister of State, your term of office of Special Adviser shall cease on the date of expiration of the assignment of the Minister of State to the Department or Office in question.
In accordance with the Protection of Employees (Fixed Term Work) Act 2003, 4. your contract is on a fixed-term contract basis only as your appointment is coterminous with that of the [Minister of the Government or Minister of State].

5.

The Department of [Insert Name of Department] reserves the right to terminate your employment prior to the date of cessation on giving of the appropriate notice set down in the Minimum Notice and Terms of Employment Acts 1973 to 2005.
The Department of [Insert Name of Department] also reserves the right to terminate your employment for stated reasons.

The appointment may be terminated at any time by either side in accordance with the Minimum Notice and Terms of Employment Acts 1973 and 2005.

In the event of serious misconduct, the appointment may be terminated without 6. notice.
In the event of the appointment being terminated under the terms of paragraph 6 7. above, no remuneration or compensation will be payable other than that applicable to work carried out.

Probation 8.

Your appointment will be subject to a probationary period of six months from the date of your appointment.
Should your service be satisfactory as regards health, conduct, efficiency and performance generally during the probationary period, you will be confirmed in your appointment for the period of tenure set out above.

38 Duties You will be required to perform any duties which may be assigned to you from time to time as appropriate to the position of Special Adviser as set out in Section 11 of the Public Service Management Act 1997.

Ethics in Public Office Acts 9.


The terms of the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001 apply to this appointment (i.e.

your contract of employment and a statement whether you are a relative of the Minister or Minister of State on whose behalf you are appointed will be laid before the Houses of the Oireachtas).
[Note to Personnel Officers: If the Special Adviser’s remuneration exceeds the second Long Service Increment of a Higher Executive Officer (general service grade, class B PRSI in the Civil Service), the following inclusions should be made:] 9.1 As provided for by section 19(3)(a)(iii) of the Ethics in Public Office Act 1995, you undertake not to engage in any trade, profession, vocation or other occupation, whether remunerated or otherwise, which might reasonably be seen to be capable of interfering or being incompatible with the performance by you of your official functions.
9.2.
Each year, during any part of which you hold or held a position to which the provisions of section 19 of the Ethics in Public Office Act 1995 apply, you must prepare: - a statement in writing of your own registrable interests, as provided in the Second Schedule to the Ethics in Public Office Act 1995 which could materially influence you in, or in relation to, the performance of your official functions; and - a statement in writing of the registrable interests, of which you have actual knowledge, of your spouse, of a child of yours or of a child of your spouse, which could materially influence you in or in relation to your official functions.
You must furnish these statements of interests to the Officeholder6 who selected 9.3 you for appointment and to the Standards in Public Office Commission, in the form determined by the Minister for Public Expenditure and Reform, and which, in relation to your personal interests, will be laid before each House of the Oireachtas7.

9.4 The first statements must cover the period from your date of appointment to 31 December of that year.
Subsequent statements must cover any calendar year or any part thereof you hold any post to which the provisions of section 19 of the Ethics in Public Office Act 1995 apply.

6 Where there are no interests to disclose, there is no obligation on a special adviser to furnish a nil statement 7 Where no interests exist there is no requirement on an office holder to lay a nil statement of a special adviser before the Oireachtas 39 The statements must be furnished not later than 31 January of the following year.
9.5 In the year your appointment ends, the statements must be furnished within 28 days of your appointment ending.

The Officeholder who selected you for appointment will also lay before the Houses 9.6 of the Oireachtas a statement of your qualifications relevant to your official functions.
9.7 Where an official function falls to be performed by you, and you have actual knowledge that you, or a connected person, as defined in the Ethics in Public Office Act 1995, have or has a material interest in the matter to which the function relates, you must, as soon as may be, prepare and furnish a statement in writing of those facts to the Officeholder who selected you for appointment and to the Standards in Public Office Commission.
You must not perform the function unless there are compelling reasons requiring you to do so.

If you propose to perform the function you must, before doing so, or, if that is not reasonably practicable, as soon as possible afterwards, furnish a statement in writing of the compelling reasons to the Officeholder who selected you for appointment and to the Standards in Public Office Commission.
The requirements set out in this paragraph apply whether or not an interest has been disclosed in a statement of registrable interests referred to above.

Headquarters 10.

Your headquarters will be such as may be designated from time to time by the Secretary General.

The provisions of Department of Finance Circular 6/89, Removal Expenses, will not apply to relocation from headquarters.

Travel to and from headquarters will not be eligible for travel expenses.

Hours of attendance 11.


Hours of attendance will be as fixed from time to time but will amount to not less than 43.15 hours gross per week.

No additional remuneration will be paid for extra attendance.

Annual leave The annual leave allowance will be [insert number of Days] working days per year, 12. exclusive of the usual public holidays.
This annual leave allowance is subject to the usual conditions which apply in the Civil Service regarding the granting of annual leave, and to the making, at such times as may be determined from time to time by the Secretary General, of returns of annual leave taken.

Organisation of Working Time Act 13.

The terms of the Organisation of Working Time Act 1997 will apply, as appropriate, to your appointment.

40 Sick Leave 14.
40 Sick Leave 14.

Sick pay during properly certified sick absence, provided there is no evidence of permanent disability for service, may be allowed on a pro-rata basis, in accordance with the provisions of sick leave Circular 12/2015.
You will be required to sign a mandate authorising the Department of Social Protection to pay any benefits due under the Social Welfare Acts direct to this Department and payment during illness will be subject to you making the necessary claims for social insurance benefit to the Department of Social Protection within the required time limits.

Superannuation and Retirement Superannuation Terms: Only one of the options (a), (b), (c), (d) or (e) below 15.1 should be used as appropriate.
(Unused options should be deleted.)

For appointees who do not fall within categories (b) to (e) below (a) Based on the information which you have supplied and as you [INSERT (a) or (b) AS APPROPRIATE – (a) have never worked in the Public Service or (b) have had greater than a 26 week break since your last pensionable service in the Public Service (as defined in the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, you are deemed to be a member of the Single Pension Schem.
The terms of that Scheme will apply to this appointment.

The minimum age at which pension is payable is set, initially at 66 years (rising in step with State Pension age increases to 67 in 2021 and 68 in 2028).

or (b) For appointees who have previously worked in a pensionable capacity (other than as an Established Civil Servant or under the same Minister e.g.
an ex-Garda being appointed to a position in the Department of Justice & Equality) in the public service Based on the information supplied by you and as you have worked in a pensionable (non- single scheme terms) public service job in the 26 weeks prior to this appointment or you are currently on a career break or special leave with/without pay from a pensionable (non-single scheme terms) public service position, the terms of the Non-contributory Pension Scheme for Non-established State Employees and of the Contributory Spouses' and Children’s Pension Scheme for Non-established State Employees will apply to this appointment.
Please note the Public Service Pensions (Single Scheme and other Provisions) Act 2012 introduced a 40-year limit (or equivalent) on total service that can be counted towards pension where a person has been a member of more than one pre- existing public service pension scheme.
The minimum age at which pension is payable is 65. or (c) For appointees who are in receipt of or have a preserved entitlement to Public Service superannuation benefits or who have accrued a full 40 years (or equivalent) pension in the Public Service Based on the information supplied by you in relation to your entitlement to a Public Service pension from a previous employment, you are not entitled to superannuation benefits in respect of this appointment.
This Department will facilitate, but not contribute, to membership of a PRSA.

or 41 For appointees who are serving Civil or Public Servants (d) You are appointed on secondment from Department/Office [Insert Name of Department Here].

You remain a member of the pension scheme for [insert pension scheme name].

The terms and conditions of that pension scheme shall apply to this appointment.

Please note: Your pension benefits will be based on your salary in your substantive grade i.e.
the grade from which you have been seconded.

For appointees who are seconded from the private sector (e) The Pension Section of the Department of Public Expenditure and Reform must be consulted.

or 15.2 Retirement Age: Only one of the options (a), (b) or (c) below should be used as appropriate.

(The unused options should be deleted.)

For appointees who are members of the Single Scheme (a) Based on the information provided by you, and with your agreement you are a member of the Single Scheme.
Therefore retirement is compulsory on your reaching 70 years of age.

Tenure is co-terminus with the Minister or on reaching 70 years of age whichever is the earlier.

or For appointees who are “new entrants” (b) Based on the information provided by you, and with your agreement, you are deemed to be a new entrant (as defined in the Public Service Superannuation (Miscellaneous Provisions) Act 2004).

There is no specified maximum retirement age in respect of your appointment to this position.
Tenure is co-terminus with the Minister.

or For appointees who are not “new entrants” (c) Based on the information provided by you, and with your agreement, you are deemed not to be a new entrant (as defined in the Public Service Superannuation (Miscellaneous Provisions) Act 2004).

Therefore retirement is compulsory on your reaching 65 years of age.

Tenure is co-terminus with the Minister or on reaching 65 years of age whichever is the earlier.
15.3 Pension Abatement [INSERT (a) or (b) IF APPROPRIATE] (a) As you are in receipt of a pension from XXXX your pension will be subject to abatement for the duration of your employment in accordance with Section 52 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.
(b) As your pension from XXXX will come into payment during your tenure your pension once in payment will be subject to abatement for the duration of your employment in accordance with Section 52 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.

42 15.4 Pension Related Deduction This appointment is subject to the pension related deduction in accordance with the Financial Emergency Measures in the Public Interest Act 2009.
Official secrecy and integrity You will, during the term of your appointment, be subject to the provisions of the 16.

Official Secrets Act 1963 as amended by the Freedom of Information Act 2014.

You will agree not to disclose to third parties any confidential information especially that with commercial potential either during or subsequent to the period of employment.

You will also be subject to the Civil Service Code of Standards and Behaviour.

17.
17.

Regulation of Lobbying Act (a) You are a designated public official under the Regulation of Lobbying Act 2015.
(b) In accordance with the Regulation of Lobbying Act 2015, you are not permitted to carry out lobbying activities involving the public service body or any designated public official with which you were “connected” in the preceding year for a period of one year from the day on which you cease to be a special adviser unless the consent of the Standards in Public Office Commission has been obtained.
The term “Connected” is explained in Section 22(4) of the Regulation of Lobbying Act as follows: “For the purposes of subsection (3) a public service body is one with which a person was connected at any time if it was at that time a public service body by which the person was employed or in which the person held any office or other position” (c) Similarly, you may not be employed by, or provide services to, a person carrying on lobbying activities in the circumstances described in paragraph (a) unless the prior consent of the Standards in Public Office Commission has been obtained.
Confidentiality and publication 18.
You will not while holding the position of Special Adviser to the Minister for (Insert Name of Department Here] or thereafter, disclose or publish any confidential official information or material, including electronically held data, which you acquired or which came to your knowledge in the course of, or as a consequence of, your employment in that capacity, except where the matter has been submitted for adjudication to the Secretary General to the Government as to its confidentiality and, on the basis of his decision, the prior approval of the Minister concerned at the time of publication has been obtained for publication or disclosure.
The disclosure of official information is also covered by the provisions of the Official Secrets Act 1963.

19.

It is a condition of your employment in the above-stated capacity that the copyright in any book, article or other publication which you write or publish, containing unauthorised disclosures of official information is vested in the Government of Ireland.
If in breach of the said condition you write or publish any book, article or other publication containing unauthorised disclosures of official information, any copyright in the said book, 43 article or other publication which but for this clause would vest in you will belong to the Government of Ireland.

Civil Service Code of Standards and Behaviour 20.

The Civil Service Code of Standards and Behaviour forms part of your contract for this appointment.
Personnel Code All circulars are available on the website http://circulars.gov.ie or from the 21.

Personnel Section.

Acceptance of appointment 22.

If you are prepared to accept the appointment on these terms please complete the enclosed acceptance form and return it to me at the above address.
Secretary General Department [Insert Name of Department] 44 Form of Acceptance I have read and noted the contract and I am prepared to accept an appointment as Special Adviser to the Minister for [Insert Name of Department Here] on the terms and conditions set out above.

I also acknowledge receipt of a copy of the Civil Service Code of Standards and Behaviour and confirm that I have read same.
Name: _____________________________ Signed: ____________________________ Dated: ____________________________ Secretary General: _____________________________ Signed: ____________________________ Dated: ____________________________ 45 Appendix 9 Model Contract of Employment for the post of Civilian Driver Employing Department/Office [Insert Name of Department Here] Address ……………………………………………… ……………………………………………… Employee ……………………………………………… Address ……………………………………………… ……………………………………………… Contract of Employment as Civilian Driver I am directed by the Minister for [Insert Name of Department] to say that s/he is prepared to offer you an appointment as Civilian Driver for the Minister of State [Insert name of Minister of State] in the Department of [Insert Name of Department] on the following terms and conditions with effect from [date].
This contract is issued in accordance with the Unfair Dismissals Acts 1977 to 2007 and the Minimum Notice and Terms of Employment Acts 1973 to 2005.

General 1.

The appointment is subject to the Civil Service Regulation Acts 1956 to 2005, the Public Service Management (Recruitment and Appointments) Act 2004 and any other Act for the time being in force or any other regulations relating to your employment in the Civil Service.

Pay 2.
Pay 2.

The rate of pay offered will be €631.75/€665.00 per week and will be payable in arrears by Electronic Fund Transfer (EFT) into a bank account of your choice.

Payment cannot be made until you supply a bank account number and bank sort code to the Personnel Section/PeoplePoint.

The rate of pay may be adjusted from time to time in line with Government policy.

Statutory deductions from salary will be made as appropriate by the Department of [Insert Name of Department].
Deductions for superannuation contributions will be made from pensionable remuneration only.

46 You will agree that any overpayment of salary or of travel and subsistence may be deducted from future salary payments due to you in accordance with the Payment of Wages Act 1991 and Circular 01/2015 Public Service Bodies (PSBs) Recovery of Overpayments from Staff.
Under Section 23 of the National Minimum Wage Act 2000, you may request a written statement of your average hourly rate of pay for any pay reference period.

Tenure 3.

The appointment is to a temporary, unestablished position in the Civil Service.

It carries no entitlement to established status, by way of limited competition or otherwise.

Your term of office will cease on the date the Minister of State ceases to hold Office as Minister of State.
In accordance with the Protection of Employees (Fixed Term Work) Act 2003, 4. your contract is on a fixed-term contract basis only as your appointment is coterminous with that of the [Minister of the Government or Minister of State].

5.

The Department of [Insert Name of Department] reserves the right to terminate your employment prior to the date of cessation on giving of the appropriate notice set down in the Minimum Notice and Terms of Employment Acts 1973 to 2005.
The Department of [Insert Name of Department] also reserves the right to terminate your employment for stated reasons.

The appointment may be terminated at any time by either side in accordance with the Minimum Notice and Terms of Employment Acts 1973 and 2005.

6.

In the event of serious misconduct, the appointment may be terminated without notice.

7.
7.

In the event of the appointment being terminated under the terms of paragraph 3.4 above, no remuneration or compensation will be payable other than that applicable to work carried out.

Unfair Dismissals Acts 1977 to 2007 8.

The Unfair Dismissals Acts 1977-2007 will not apply to the termination of your employment by reason only of the expiry of this fixed term contract without it being renewed or the cessation of the purpose of the contract.

Probation 9.
Probation 9.

Your appointment will be subject to a probationary period of six months from the date of your appointment.

Should your service be satisfactory as regards health, conduct, efficiency and performance generally during the probationary period, you will be confirmed in your appointment for the period of tenure set out above.

Duties 10.

You will be required to perform the duties appropriate to you as Civilian Driver which may be assigned to you from time to time by the Minister of State.
You may not engage 47 in private practice or be connected with any outside business which would interfere with the performance of official duties.

Headquarters 11.

Your Headquarters will be such as may be designated from time to time by the Secretary General.

Travel and subsistence payments will be made at the appropriate Civil Service rates in respect of certified official travel and subject to the usual Civil Service regulations which apply in relation to travel and subsistence.
Note: Civilian Drivers will continue to be entitled to claim overnight subsistence in all instances where they are 100km from their home.

(The previous arrangement whereby Civilian Drivers residing more than 24.14 kilometres from the GPO, Dublin and where the headquarters of the Department is located in Dublin, were paid overnight subsistence allowance no longer applies.)

Day subsistence allowances are not payable for absences at any place within eight kilometers of the driver's home or headquarters.
Organisation of Working Time Act / Hours of attendance The terms of the Organisation of Working Time Act 1997 (OWTA) will apply, as 12. appropriate, to this appointment.

13.

Hours of attendance will be as fixed from time to time but will amount to on average not less than 43.15 hours gross per week.

The working pattern will be seven days on and seven days off on a week-on week-off basis.

You will be required to complete form OWT1 in accordance with S.I.

No.
No.

473 of 2001 Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations, 2001 and submit it to __________ on a fortnightly basis.

No additional remuneration will be paid for extra attendance during the week on.

You will be given an extra payment equivalent to two days pay for each day you are required to work on your week off.
Note to Personnel Officer – if the employee is under 18 years of age please insert the following sentence: The Protection of Young Persons (Employment) Act 1996 will apply to your appointment until you reach 18 years of age.

Annual Leave 14.
Annual Leave 14.

The annual leave allowance will be 14 days per year, expressed on the basis of;  a seven-day week and exclusive of the usual public holidays, 48   to facilitate the taking of annual leave, consideration will be given to granting annual leave during Dáil recesses or when the appropriate Minister is also on leave, the duty is rostered between two drivers working one week on and one week off.

Sick Leave 14.
Sick Leave 14.

Sick pay during properly certified sick absence, provided there is no evidence of permanent disability for service, may be allowed on a pro-rata basis, in accordance with the provisions of sick leave Circular 12/2015.
You will be required to sign a mandate authorising the Department of Social Protection to pay any benefits due under the Social Welfare Acts direct to this Department and payment during illness will be subject to you making the necessary claims for social insurance benefit to the Department of Social Protection within the required time limits.

Superannuation and Retirement Superannuation Terms: Only one of the options (a), (b), (c), (d) or (e) below 16.1 should be used as appropriate.
(Unused options should be deleted.)

For appointees who do not fall within categories (b) to (e) below (a) Based on the information which you have supplied and as you [INSERT (a) or (b) AS APPROPRIATE – (a) have never worked in the Public Service or (b) have had greater than a 26 week break since your last pensionable service in the Public Service (as defined in the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, you are deemed to be a member of the Single Pension Schem.
The terms of that Scheme will apply to this appointment.

The minimum age at which pension is payable is set, initially at 66 years (rising in step with State Pension age increases to 67 in 2021 and 68 in 2028).

or For appointees who have previously worked in a pensionable capacity (other (b) than as an Established Civil Servant or under the same Minister e.g.
an ex-Garda being appointed to a position in the Department of Justice & Equality) in the public service Based on the information supplied by you and as you have worked in a pensionable (non- single scheme terms) public service job in the 26 weeks prior to this appointment or you are currently on a career break or special leave with/without pay from a pensionable (non-single scheme terms) public service position, the terms of the Non-contributory Pension Scheme for Non-established State Employees and of the Contributory Spouses' and Children’s Pension Scheme for Non-established State Employees will apply to this appointment.
Please note the Public Service Pensions (Single Scheme and other Provisions) Act 2012 introduced a 40-year limit (or equivalent) on total service that can be counted towards pension where a person has been a member of more than one pre- existing public service pension scheme.

The minimum age at which pension is payable is 65.


49 or (c) For appointees who are in receipt of or have a preserved entitlement to Public Service superannuation benefits or who have accrued a full 40 years (or equivalent) pension in the Public Service Based on the information supplied by you in relation to your entitlement to a Public Service pension from a previous employment, you are not entitled to superannuation benefits in respect of this appointment.
This Department will facilitate, but not contribute, to membership of a PRSA.

or For appointees who are serving Civil or Public Servants (d) You are appointed on secondment from Department/Office [Insert Name of Department Here].

You remain a member of the pension scheme for [insert pension scheme name].

The terms and conditions of that pension scheme shall apply to this appointment.

Please note: Your pension benefits will be based on your salary in your substantive grade i.e.
the grade from which you have been seconded.

For appointees who are seconded from the private sector (e) The Pension Section of the Department of Public Expenditure and Reform must be consulted.

or 16.2 Retirement Age: Only one of the options (a), (b) or (c) below should be used as appropriate.

(The unused options should be deleted.)

For appointees who are members of the Single Scheme (a) Based on the information provided by you, and with your agreement you are a member of the Single Scheme.
Therefore retirement is compulsory on your reaching 70 years of age.

Tenure is co-terminus with the Minister or on reaching 70 years of age whichever is the earlier.

or For appointees who are “new entrants” (b) Based on the information provided by you, and with your agreement, you are deemed to be a new entrant (as defined in the Public Service Superannuation (Miscellaneous Provisions) Act 2004).

There is no specified maximum retirement age in respect of your appointment to this position.
Tenure is co-terminus with the Minister.

or For appointees who are not “new entrants” (c) Based on the information provided by you, and with your agreement, you are deemed not to be a new entrant (as defined in the Public Service Superannuation (Miscellaneous Provisions) Act 2004).

Therefore retirement is compulsory on your reaching 65 years of age.

Tenure is co-terminus with the Minister or on reaching 65 years of age whichever is the earlier.
50 16.3 Pension Abatement [INSERT (a) or (b) IF APPROPRIATE] (a) As you are in receipt of a pension from XXXX your pension will be subject to abatement for the duration of your employment in accordance with Section 52 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.
(b) As your pension from XXXX will come into payment during your tenure your pension once in payment will be subject to abatement for the duration of your employment in accordance with Section 52 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.

16.4 Pension Related Deduction This appointment is subject to the pension related deduction in accordance with the Financial Emergency Measures in the Public Interest Act 2009.
Official secrecy and integrity You will, during the term of your appointment, be subject to the provisions of the 17.

Official Secrets Act 1963 as amended by the Freedom of Information Act 2014.

You will agree not to disclose to third parties any confidential information especially that with commercial potential either during or subsequent to the period of employment.

You will also be subject to the Civil Service Code of Standards and Behaviour.

Confidentiality and publication 18.
You will not, while holding the position of Civilian Driver to the [Minister for State for/at the Department of [Insert Name of Department Here] or thereafter, disclose or publish any confidential official information or material, including electronically held data, which you acquired or which came to your knowledge in the course of, or as a consequence of, your employment in that capacity, except where the matter has been submitted for adjudication to the Secretary General to the Government as to its confidentiality and, on the basis of his decision, the prior approval of the Minister concerned at the time of publication has been obtained for publication or disclosure.
The disclosure of official information is also covered by the provisions of the Official Secrets Act 1963.

19.

It is a condition of your employment in the above-stated capacity that the copyright in any book, article or other publication which you write or publish, containing unauthorised disclosures of official information is vested in the Government of Ireland.
If in breach of the said condition you write or publish any book, article or other publication containing unauthorised disclosures of official information, any copyright in the said book, article or other publication which but for this clause would vest in you will belong to the Government of Ireland.

Civil Service Code of Standards and Behaviour 20.

The Civil Service Code of Standards and Behaviour forms part of your contract for this appointment.

51 Ethics in Public Office Acts 21.


The terms of the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001 apply to this appointment (i.e.

your contract of employment and a statement whether you are a relative of Minister or Minister of State on whose behalf you are appointed will be laid before the Houses of the Oireachtas).

Personnel Code All circulars are available on the website http://circulars.gov.ie or from the 22.

Personnel Section.

Acceptance of appointment 23.


If you are prepared to accept the appointment on these terms please complete the enclosed acceptance form and return it to me at the above address.

Secretary General Department [Insert Name of Department] 52 Form of Acceptance I have read and noted the contract and I am prepared to accept an appointment as Civilian Driver to the Minister/Minister of State for [insert Department name], on the terms and conditions set out above.
I also acknowledge receipt of a copy of the Civil Service Code of Standards and Behaviour and confirm that I have read same.
Name: _____________________________ Signed: ____________________________ Dated: ____________________________ Secretary General: _____________________________ Signed: ____________________________ Dated: ____________________________ 53 Appendix 10 Model minute to persons appointed as special advisers or ministerial personal appointees to Ministers and Ministers of State and who are remunerated above the second long service increment point of the Higher Executive Officer (non-personal pension contribution) standard scale in the Civil Service You have been appointed to a position that is subject to the requirements of section 19 of the Ethics in Public Office Act 1995.
The attached Department of Finance circular 4/2002 sets out your obligations under the Ethics in Public Office Acts 1995 and 2001 and you should familiarise yourself thoroughly with the circular.

The major obligation is that an annual written statement be made in respect of your interests (and those interests, of which you have actual knowledge, of a spouse8 or civil partner9, or a child of yours or a child of your spouse) that could materially influence you in the performance of your official functions.
It will not be necessary to specify in any statement of interest the amount or monetary value of any interest or the remuneration of any trade, profession, employment, vocation or other occupation included in the statement.

Where there are no interests to disclose, there is no obligation on a special adviser to furnish a nil statement.
Where no interests exist there is no requirement on an office holder to lay a nil statement of a special adviser before the Oireachtas You are also restricted in performing your official functions where a material interest is involved and must undertake not to engage in any trade, profession, vocation or other occupation, whether remunerated or otherwise, which might reasonably be seen to be capable of interfering or being incompatible with the performance by you of your official functions.
(Paragraph 6 of Circular 4/2002 refers).

Where an official function falls to be performed, and you have actual knowledge that you, or a connected person, within the meaning of the Ethics in Public Office Act 199510, have or has a material interest in the matter to which the function relates, you must, as soon as may be, prepare and furnish a statement in writing of those facts to the Officeholder who selected you for appointment and to the Standards in Public Office Commission.
You must not perform the function unless there are compelling reasons requiring you to do so.

If you propose to perform the function you must, before doing so, or, if that is not reasonably practicable, as soon as possible afterwards, furnish a statement in writing of the compelling reasons to the Officeholder who selected you for appointment and to the Standards in Public Office Commission.
The requirements set out in this paragraph apply whether or not an interest has been disclosed in a statement of registrable interests referred to above.
8 “spouse”, in relation to a person, does not include a spouse who is living separately and apart from the person; 9"civil partner" in relation to a person, means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, but does not include a civil partner who is living separately and apart from the person.
10 Section 97 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 provides that with respect to a person, a reference to a “connected person” of that person shall be construed as including the person’s civil partner and the child of the person’s civil partner who is ordinarily resident with the person and the civil partner.

54 31 December.
If, having read the circular and consulted the Guidelines issued by the Standards in Public Office Commission (a copy of which is available for consultation in the Personnel Section of the Department / available for inspection on the Standards Commission’s web site), you believe there are interests to declare, one or both of the attached statements should be completed in respect of the period between the date of your appointment to this post and next the statement(s) Officeholder/Minister/Minister of State who appointed you, and to the Standards in Public Office Commission, not later than the following 31 January.
Subsequent annual statements should be made in respect of the year ending on 31 December of the relevant year and given to the Officeholder/Minister/Minister of State who appointed you and to the Standards in Public Office Commission not later than the following 31 January.

When you vacate the position a statement on leaving should be furnished within 28 days of the termination of your contract.
returned should The be to Special advisers should note that the Officeholder who appoints them or on whose behalf they are appointed is required under section 19(4) of the Ethics in Public Office Act 1995 to lay, within 60 days of their being furnished, the following documents before each House of the Oireachtas, and that, under the Standing Orders relative to Public Business of Dáil Éireann and also of Seanad Éireann, all of these documents are considered public: (a) a copy of the contract, or a statement in writing of the terms and conditions, under which the person acts or acted as a special adviser; (b) a statement as to whether the person is a relative of the Officeholder; and, if section 19(3)(a) of the Ethics Act applies to the person (i.e.
if his or her remuneration exceeds the second long service increment point of the higher executive officer standard (non-personal pension contribution) standard scale in the Civil Service (i.e.

currently [state salary amount]): (c) a copy of any statement under section 19(3)(a)(i) of the Ethics Act 1995 of the interests of the person furnished to the Officeholder (e.g.
a statement of interests or a statement of the facts of a conflict of material interests); and (d), a statement of the qualifications of the person relevant to his or her functions as a special adviser.

If you have a request for advice on compliance, you should refer to the Standards in Public Office Commission, 18 Lower Leeson Street, Dublin 2 (Phone +353 (0)1 - 639 – 5666).
The Commission is obliged either to respond to such a request, or formally to decline to do so, within 21 days of the receipt of the request.

Once advice has been given, you are obliged to act in accordance with it, unless by doing so you would contravene another section of the Act.

Signed: ________________________ Personnel Officer 55