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Investigation Report on the delay by the MWHB in calculating arrears of superannuation payable by two Public Health nurses for previous service

6. Recommendations

6.1 The Health Service Executive Mid-Western Area was established on 1 January, 2005 and took over the functions formerly undertaken by the Mid-Western Health Board. I have therefore directed my recommendations to the new Executive.

In considering my proposed recommendations I consulted with the Pensions Ombudsman who will have responsibility for the examination of complaints of this nature in the future, and whose determinations, unless appealed to the High Court within 21 days of the date of determination, are binding. The Office of the Pensions Ombudsman agreed that my proposed recommendations were appropriate.

My recommendation is that each of the complainants should be paid a compensatory amount in recognition of the adverse affect suffered in each case. The formula I have used to calculate the compensation due is based on the difference between the amount of pension contributions payable at the date of appointment and the amount payable at the date the contributions were actually calculated, as set out at Section 4.1 of this Report.

For convenience, and to ease the task of calculating the amount due in each case I have decided that the period in respect of which payment should be made should commence on the first day of the month following appointment and end on the last day of the month prior to the date on which advice was given about the contributions due. From this period, a deduction can be made in respect of the time which might reasonably have been allowed for calculation of the pension contributions following appointment. I have recommended a period of three months for this purpose. The balance due should be awarded to the individuals concerned, either as a lump sum payment, or credited against any outstanding pension liability which they may have.

Before finalising the investigation Report, the Executive was afforded an opportunity, in accordance with the provisions of Section 6(6) of the Ombudsman Act, 1980, to consider a draft of the Report and to make whatever representations it wished in relation to it. In its response the Executive said that, while it was sympathetic to the difficulties experienced by the individuals concerned, it was not in a position to contravene the terms of the DoELG Superannuation Scheme. It added that, in the event of it receiving approval from the DoELG to make compensatory payments, it would be happy to do so. In this connection I feel that it is again necessary for me to state that my recommendations are made in respect of specific instances of maladministration identified in my investigation of these complaints and are not related to the provisions of the DoELG Superannuation Scheme.

Ms Dillon

The difference between the amount of pension contributions payable at the date of appointment and the amount payable at the date the contributions were actually calculated = €2,752.91

Date of Appointment: December 1997

Date of advice of pension contribution payable: October 2000

Difference in months (starting on the first day of the month following appointment and ending on the last day of the month prior to the date on which contribution advice was given i.e. January 1998 - September 2000): 33

Less deduction (three months) for period calculation of the pension contributions following appointment = 30

Compensation: =  (€2,752.91 /33)  X 30  =  €2,502.65

Ms O'Sullivan

The difference between the amount of pension contributions payable at the date of appointment and the amount payable at the date the contributions were actually calculated = €5,571.18

Date of Appointment: January 1998

Date of advice of pension contribution payable: February 2001

Difference in months (starting on the first day of the month following appointment and ending on the last day of the month prior to the date on which contribution advice was given i.e. February 1998 - January 2001 ): 36

Less deduction (3 months) for period calculation of the pension contributions following appointment: 33

Compensation: €5,571.18 /36 X 33 = €5,106.92

6.3 In the case of Ms Iris Nolan (Section 2.9 of the Report) compensation should be calculated on the basis of the formula set out at 6.1

6.2 In the case of the two complainants the amount of the payment due will be:

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