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Superannuation Arrears

Date released: 16.02.2006

The Ombudsman, Ms Emily O'Reilly, has today published her investigation report into complaints which she received from two Public Health Nurses employed with the Mid-Western Health Board (now the Health Service Executive - Mid Western Area). Almost three years after the date of their appointments they received demands from the Health Board for superannuation arrears owing on previous reckonable temporary nursing service. In each case the arrears were calculated using gross salaries that were higher than those applicable at the date of their appointments. Had the amount been calculated at the actual time of their appointments then the arrears due would have been substantially less. The delay on the part of Health Board in calculating the arrears in each case was beyond the control of the complainants and both were financially penalised as a consequence.

As a result of her investigation the Ombudsman concluded that the Mid-Western Health Board had acted in a manner which adversely affected the complainants and which was contrary to sound administration. She also concluded that the actions of the Board in respect of the two complainants resulted in their being treated in a manner which was both unfair and unreasonable and as a consequence both had incurred significant financial losses for which they should be compensated. The Health Service Executive accepted the Ombudsman's recommendation that the complainants be paid lump sums of  €2,500 and € 5,000, respectively to compensate them for the delay in calculating their contributions to the pension scheme.

It is the view of the Ombudsman that, where a person has been wronged through an action of a public body, that that body should provide appropriate redress. Where an action of a public body results in a person suffering a financial loss, a compensatory payment should be made to help restore the person to the position he/she would have been if the public body had acted properly.

The report, which may be viewed on the Ombudsman website, details the circumstances of the complaints and the formula adopted for the payment of compensation.

Complaints and disputes relating to occupational pension schemes are now subject to investigation by the Pensions Ombudsman. It is understood that he has received similar complaints and that where appropriate, he is applying the redress formula recommended in this investigation report.

For further information contact: Michael Brophy , Office of the Ombudsman, 18 Lower Leeson Street, Dublin 2. Tel:- (01)6395639, e-mail: michael_brophy@ombudsman.gov.ie or Matt Merrigan, Tel:- (01) 6395635, e-mail: matthew_merrigan@ombudsman.gov.ie

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