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Campaign for Restoration of Public Service Pensions Through Legal Action

BIG BOOST FOR FULL PENSION RESTORATION CAMPAIGN THROUGH LEGAL ACTION: Howlin, Author Of FEMPI – “He also believes reducing the pensions of some public servants may be unconstitutional”.—Emergency Over!!-BreakingNews.ie

The Leader of the Labour party has called the Lansdowne Road Agreement “outdated”.

http://www.breakingnews.ie/ireland/brendan-howlin-lansdowne-road-agreement-outdated-789649.html

Brendan Howlin, who was part of the negotiating team to put the pay plan in place, thinks the government need to re-enter public pay talks.

He also believes reducing the pensions of some public servants may be unconstitutional.

Brendan Howlin says it was always supposed to be a short term plan, and the government need to give back to those whose wages have been cut the most.

“Well I negotiated the Lansdowne Road agreement and in fact the agreement before that aswell.

“I asked workers in the public sector, to step up to the plate when the country needed them, to work longer hours, to take reductions in pay and they did that voluntarily.

“But it was understood that it was anchored in an emergency and that it would be unwound once the emergency was done.”


Thanks To all Who have Contributed To The Campaign

We have now received donations enabling us to pay for Legal advice from very eminent senior counsel.

However we need a further c. 2000 Euro  to engage an eminent financial expert to analyse the last two budgets with a view to showing that private property belonging to us and forming part of exchequer funds have been used to give tax/usc reductions of 120 million to the very rich and VAT reductions to hotel owners (600 million p. a.) etc.

Government is now continuing to confiscate 45 million p.a. of our private property in pensions though the emergency is over!

Help stop this Theft Now!

Emergency Over-Minister for Finance

Minister Noonan was speaking at the Oireachtas Budget Oversight Committee on September 21, 2016

The opinions of the political parties during the election were to the effect that the USC needed to be reduced, that it was an emergency tax introduced at a particular time and that now that the emergency was over, work should continue to phase it out.”

Minister Howlin In Dáil:

In order for it to be constitutional “The contribution(of pension reduction) must be one towards addressing that emergency.”  —Minister Howlin in Dáil on FEMPI ACT

Former Minister Howlin now says that the Emergency is over.

Pension reductions are therefore being used for a purpose other than addressing the emergency!

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Final Appeal for Donations:  Over 20,000 Current Members of Alliance Of Retired Public Servants Will Never GET 780 Euro in 2018. THEY WILL HAVE DIED!! (CSO MORTALITY RATES)

FINAL APPEAL!  Donate 50euro  Now!  Bank Account Details Below

The Alliance Of Retired Public Servants Was RECENTLY TOLD BY FINE GAEL Representatives that they hoped to have all PS Pensions fully restored by 2021

Alliance of Retired Public Servants Represents Approximately 100,000 Pensioners Now Living

Mortality Statitics set out below demonstrate the disastrous effect of this distant promise and that 20,000 of us will be dead by Jan 1, 2018 when final phase of pension restoration (780 Eu) is due for Payment. Many under 34,144 will never be fully restored.

 

In a recent reply to a parliamentary question from Seamus Healy TD, Minister Paschal O’Donoghue confirmed that pensioned peers of those serving with 2013 salaries over 65,000 will not get equivalent increases as was traditional in the past under the principle of pension parity.  Serving colleagues will have the Haddington Rd/FEMPI 2013 cuts fully restored in two equal phases from April1,2017 .TDs will get over 2,700 in each phase.

He also confirmed that as far as government is concerned there is no commitment to restoring parity with serving peer into the future.


Fairness and Equity letter from member of Garda Siochana Retired Members’ Association

We would like to share a letter received from one of our members.Dear Sir,Firstly let me declare my interest in, and support for AGSI and GRA in their on-going attempts to seek a justified (partial) restoration of sacrificed pay.I believe Trade Unions and Staff Associations, the Public Services Committee of ICTU and the Alliance of Retired Public Servants should increase their efforts to correct the gross inequalities of the Lansdowne Road Agreement and the six Financial Emergency in the Public Interest (FEMPI) Acts introduced since 2009.The idea that all Public Service workers and pensioners are treated equally or fairly under the LRA and FEMPI is a fallacy.On January 1st 2016 those on salaries up to €24000 and €31000 received pay restoration, which was fair enough. The next group to receive a FULL RESTORATION of the pay cut imposed on them by the FEMPI Act 2013 on July 1st. 2013, will be those on salaries over €65000. Pay will be restored on April 1st. 2017 and April 1st. 2018 for those over €65000, and on these dates plus April 1st. 2019 for those over €110000. One would have thought that in the interest of fairness and equity the next group to receive pay restoration on January 1st. 2016 or even April 1st. 2017 should have been those on salaries between €31000 and €65000 and then, and only then to the higher paid. Those between €31000 and €65000 will have to wait until September 1st 2017 to receive a paltry €1000 while the much higher paid will have received restoration of pay five months earlier.

This is obscene and unfair and should be reversed immediately. The Public Services Committee of ICTU and all Public Service Trade Unions and Associations should endeavour to have this obscene anomaly reversed.

Why is a pay cut being restored in full to those over  €65000 while the lower paid have to wait patiently for a few partial crumbs?

A simple change at Section 5.2 of the LRA from the FEMPI Act 2013 to the FEMPI (No. 2) Act 2009 would see to that by ensuring that all Public Servants ( including those on salaries over €65000) would receive pay restoration. Then, and only then should the question of a second restoration of pay to the higher paid be addressed. If a ball of twine is ravelled you do not fix it by unravelling the last six inches sticking out – go back to where the knot started and proceed from there!

Gardaí and some other Public Servants actually received three pay cuts through FEMPI (No. 2) Act 2009; a cut to basic pay, a knock on cut to allowances linked to basic pay, and a further cut of 5% to allowances not linked to basic pay.

The Lansdowne Road Agreement was commended to the parties by the Labour Relations Commission on May 29th. 2015. The Public Services Committee of ICTU announced its acceptance of the Agreement on September 2015. Why did the Government not publish the FEMPI Bill 2015 until October 7th. 2015? This Bill should have been published before voting commenced by ICTU and non ICTU Unions and Associations.

There is also a gross inequality in the way Public Service Pensioners are treated. Those who retired up to February 29th. 2012 were given a grace period by having their pensions calculated on the previous pay cut rates of pay while those who retired after that date were penalised with a pension cut based on FEMPI Legislation. Those pensions should be immediately restored  (not to mention retrospectively!) now that the financial emergency is over. We hear of the plight of teachers in the Staff Room doing the same job but for different pay. Well, what about pensioners who have done the same job and given loyal service being paid different pensions? Any Government interested in fairness and equity should now accept that this unequal anomaly has pertained for too long and should have it reversed immediately!

Ps. What ever happened to the 2.5% and 3.5% pay increases awarded under the Towards 2016 Pay Agreement that was “parked” when the financial emergency hit us like a tsunami in 2008? Nothing, that is what happened! The time is well nigh to take off the parking brake!

Seven year old unpaid promises and pay cuts should be addressed as a matter of urgency.

Is anyone in Trade Union or Government circles interested in fairness and equity of treatment?

Willie Gleeson.

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MORTALITY STATISTICS 

18.556 % of those Aged 65 and over will die within 12 Months-Central Statistics OFFICE(CSO 2012)

60% will have died before Fine Gael Promised Date for full Restoration of ALL PS Pensions

In 14 months from now, Jan 1, 2017 over 20,000 current members of 100,000 now Represented by Alliance Of Retired Public Servants  WILL BE DEAD AND WILL NOT RECEIVE 780 Euro Due on that Date!

By Jan1, 2021, OVER  57,000 WILL BE DEAD

(This is an underestimate as mortality rate increases as current  living cohort of 100,000 gets older ,which is not accounted for below due to lack of data)

Alive now          100,000     -18,556    Nov1, 2016

After 1 year           81444      -15113    Nov1 ,2017

After 2 years          66321         –  12307      Nov1,2018

After 3 Years        54014           -10023        Nov1, 2019

After 4 years           43991           –  8163        Nov1, 2020

After 2months        42630            -1361         Jan 1,2018

After 5 years         35728                               Nov1,2019

Automatic Parity of Pensions With Serving Peer GONE ACCORDING TO GOVERNMENT

“As we move beyond FEMPI and PSPR restoration towards more normal pay and pension setting conditions in the public service, the issue of how to adjust the post-award value of public service pensions through appropriate pay or other linkages will be considered by Government.”—MINISTER,

Parliamentary Question to  the Minister for Public Expenditure and Reform, For Written Answer, From Seamus Healy TD

“To ask the Minister for Public Expenditure and Reform if, in view of the fact that the FEMPI Act 2013 pay reductions for serving higher earners, over €65,000 per annum will be restored in two stages, the first half of the reduction will be restored on 1 April 2017, the second half of the reduction will be restored on 1 January 2018, the equivalent pensioner will receive an increase equivalent to that of serving peer on those dates; if by 2 January 2018 all public service pensioners with full service will have had their pensions restored to 50% of the salary of serving peer; if the traditional principle of parity of public service pension increases with pay increases of serving peer will be honoured by the government into the future; his views on whether pension restorations are particularly urgent in view of the much reduced life expectancy of older persons; and if he will make a statement on the matter.”

REPLY.

The Financial Emergency Measures in the Public Interest (FEMPI) 2013 Act provided for a “grace period” by which the retired counterparts of public servants in grades affected by the 2013 pay cuts already receive pensions unaffected by those pay cuts. This means that persons retiring since 1 July 2013 from grades affected by the pay cuts on that date were awarded, and are paid, pensions based on the higher “pre-cut” salaries; in like manner, the pensions of equivalent earlier retirees, who retired before 1 July 2013, are unaffected by those 2013 pay cuts.   I should also point out that , neither of the two direct salary reductions in the public service under the FEMPI legislation, occurring in 2010 and 2013, or the reduction effected under the FEMPI 2009 Act through the imposition of the Pension Related Deduction on remuneration of public servants, were passed on to the pensions of same-grade retirees.

Public service pensioners have been impacted by another FEMPI measure, the Public Service Pension Reduction (PSPR). The PSPR reduces the pay-out value of pensions with pre-PSPR values above specified thresholds in a progressively structured way which has a proportionately greater effect on higher value pensions.  At all times, public service pensions up to a value of €12,000 have been unaffected by PSPR, while a higher exemption threshold of €32,500 has applied to pensions awarded from 1 March 2012 onwards.

PSPR is being significantly reversed in three stages under FEMPI 2015, with PSPR-affected pensioners getting pension increases via substantial restoration of the PSPR cuts on 1 January 2016, 1 January 2017 and 1 January 2018.  When fully rolled-out from 1 January 2018, the changes will mean that all public service pensions with pre-PSPR values of up to €34,132 will be fully exempt from PSPR, while those pensioners not fully removed from the reach of PSPR will, in the majority of cases, benefit by €1,680 per year. The cost of these changes is estimated at about €90 million on a full-year basis from 2018.

As we move beyond FEMPI and PSPR restoration towards more normal pay and pension setting conditions in the public service, the issue of how to adjust the post-award value of public service pensions through appropriate pay or other linkages will be considered by Government.

FINAL APPEAL!  

Donate 50euro  Now!  Bank Account Details Below

Paddy Healy   086-4183732       Chair Campaign for Restoration of PS Pensions through Legal Action

DONATE 50 EURO NOW FOR TOP LEGAL ADVICE

(we have reached 70% of our target )

URGENCY OF PENSION RESTORATION!

MORTALITY: Over 20,000 Current Members of Alliance Of Retired Public Servants Will Never GET Jan 2018 phase of PENSION RESTORATION 

In 14 months from now, on Jan 1, 2018 over 20,000 current members of Alliance Of Retired Public Servants  WILL BE DEAD and will not get the  780 Euro in Pension Restoration Promised ON THAT DATE!!!

THE FINAL AND LARGEST PHASE OF PENSION RESTORATION, 780Euro, will be paid on Jan 1, 2018 in accordance with FEMPI ACT 2015

Those who are still alive with pension up to 34.144 will have pension fully restored on Jan 1, 2018

There is no date for full restoration of pensions above 34,144

Over 35,000 PS pensioners now living WILL BE DEAD BY JAN 1, 20199

The Alliance of Retired Public Servants represents  some 100,000 public service pensioners.

MORTALITY Based on Central Statistics Office  (CSO) Figures 2012

No of Deaths per 100,000 Population per year

Age                 Male     Female

65-74                          1,934              1,177

75 and over                 8,318            7,127

Source: CSO Vital Statistics

ALL (fe male+male)

65-74                   3,111

75 and over        15,445

65 and over       18,556  per 100,000

18.556 % of the 100,000 will die within 12 Months

In 14 months time over 20,000 current members of Alliance Of Retired Public Servants  WILL BE DEAD!

By Jan 1 2019 a further 18.556% of the surviving PS pensioners or 14,845 will have died (this is an underestimate because the cohort would then be 66 and over rather than 65 and over and therefore have a higher mortality rate)

BANK ACCOUNT DETAILS

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To

Legal Fund

IBAN

IE89IPBS99065824661911

BIC

IPBSIE2D

Payee Reference

Your name

Amount

€50

Or  send a cheque made out to Campaign for Restoration of PS Pensions

To    88 Griffith Court

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Scroll Down For Table of Pension Losses and Constitution and Rules of Campaign for Restoration of Pension Cuts Through Legal Action

NO FURTHER RESTORATION OF PENSIONS

of Public Servants in  Budget 2017

Government to Retain 60 billion in Private property of public Service Pensioners in 2017. BUT……….

      Budget Gains for Highest Earners in Tax/Usc Relief              

Top 5 % 0f Income Recipients   Average income 186,00 Eu p.a.   Number of Units    110,000

Tot Gain(Euro)

Employees(2/3)    73,333 X353              25,886,549

Self-employed (1/3)   36,667 x753                27,610,251

              ALL                                             53,496,800 

           No TAX ON HUGE GAINS IN Financial Assets

Net Financial Assets of Households  Now 60 Billion above Peak Boom Level

Top 10% of Households own 54% of all household assets

The richest 10% now have over 30 billion more in financial assets than they had in 2006

They have not paid a penny in Tax on these Huge Gains!!!!

Budget Speech-Seamus Healy TD

Deputy Seamus Healy:  “In his Budget Statement, the Minister, Deputy Donohoe, told us the budget will create a fairer society. This is dishonest claptrap. The budget maintains and widens the rich-poor gap in our society. Under the tax and the universal social charge changes alone, the wealthiest 5% of people in our society, those on average incomes of €186,000 a year, will get a €15 per week increase and, of course, they will get it from 1 January. They are not subject to any wealth tax and neither are they subject to any assets tax, even though net financial assets have increased and are now higher than peak boom levels. They have increased threefold from €69 billion in 2008 to €192 billion in 2015—-

In his presentation to the Committee on Budgetary Oversight, the Minister for Finance confirmed that the financial emergency is over though the opposite was recently re-certified by the Minister for the Public Expenditure and Reform in this house. The confiscation of public service pensions under the FEMPI legislation is, therefore, unconstitutional. The right to private property of pensioners in their pensions must be fully restored immediately. This is not provided for in the budget. In addition, the pension reductions imposed on occupational pensioners in State bodies and in the private sector must be restored.” 

Extract from Letter To Minister for Public Expenditure and Reform, Paschal Donoghue, Government demanding Full Pension Restoration from Paddy Healy    May 20, 2016

“In particular, FEMPI 2013 provided for reductions and restorations of pay in excess of  65,000 Euro per annum. It also provided for reductions in pensions over 32,500 per annum. BUT IN THE CASE OF THE PENSION REDUCTIONS, FEMPI  2013 DID NOT  PROVIDE FOR RESTORATIONS  FEMPI 2015 does not propose to amend FEMPI 2013 in this respect. This treatment of Public Service pensioners, including myself, is therefore neither proportional or non-discriminatory.

The effect of this in coming years is set out below:

IS THE “CONTRIBUTION” OF PENSIONERS TO RESOLVING THE FINANCIAL CRISIS “PROPORTIONAL”?

 2012  Serving  Public Servant   

Taoiseach          Tanaiste           Minister        M of State                TD

200,000             184,405            169,275             130,042           92,942

Post FEMPI 2013 CUT

€185,350          €171,309.           157,540                121,639         87,528

Restorations  FEMPI 2015

14,650                   13,096               11 ,735                  8,403              5,414

1,000                      1,000                  1,000                   1,000            1,000

Total Restoration after 2015

 15,650                   14,096                 12,735                 9,403           6,414          

Salary Post FEMPI 2015

201,000                185,405               170,275                     131,042         93,942

% of 2012 Salary

100.5%                100.54%                100.59%                100.76%        101.07%

In contrast to the income restoration to a Minister of 12,735 Euro, maximum restoration a pensioner can get under the FEMPI Bill 2015 is a total of 1680 Euro .   

None of the above officers of state,  have private property in the exchequer except the pensioner. A Pensioner on Less than 12,000 Euro per annum, who may be the spouse  of a deceased pensioner, whose pay and/or pension was reduced under the FEMPI ACTS, thus automatically  reducing the pension of the surviving spouse, will get no restoration of pension under FEMPI 2015!”

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“Financial Emergency is Over”—-Senior Counsels

Council of the Bar of Ireland: “the economy is no longer in a state of financial emergency”.

Barristers eye higher prosecution fees from State

Mark Paul

Irish Times Wednesday, May 25, 2016, 01:00

Barristers prosecuting criminal cases on behalf of the State have demanded a fees increase from the Director of Public Prosecutions (DPP), saying the State’s financial emergency is over.

The Council of the Bar in Ireland has held several meetings recently with senior DPP staff and the Department of Public Expenditure and Reform to make its case.

The move follows a claim for higher fees by solicitors and barristers dealing with free legal aid cases, who said that they had accepted near-30 per cent pay cuts “without protest”.

In its submission, the Bar said its members, who also practice privately, have taken deep cuts in their prosecuting fees since 2008 under crisis-era public sector pay rules, known as Fempi.

“A further 10 per cent cut to professional fees, over and above Fempi, was also uniquely applied to barristers in October 2011,” the council said, adding “the economy is no longer in a state of financial emergency”.

STOP PRESS!!!

New Government MUST Certify That

Financial Emergency Continues in Dáil

before June 30-Ask your TD to vote against

it-A vote will be called-I have contacted

opposition deputies.

Will ALLIANCE OF RETIRED PUBLIC

SERVANTS PUBLICLY CALL ON DEPUTIES

TO VOTE AGAINST CERTIFICATION THAT A

FINANCIAL EMERGENCY CONTINUES TO

EXIST???

If Certification is Defeated in Dáil, FEMPI FALLS AND OUR PENSIONS MUST BE Fully RESTORED Immediately!

Will ICTU Call for an end to FEMPI and call

for Rejection of Certificate of Continuing

Financial Emergency in Dail?????         Contact Gen Sec ICTU, Patricia King

and Members of Executive Council of ICTU

(Names of Members Below)

ASTI to Challenge FEMPI in Court!

RETIRED SECONDARY TEACHERS

ASSOCIATION(RSTA) CALLS FOR

IMMEDIATE WIND UP OF FEMPI

ICTU EXECUTIVE COUNCIL

Irish Congress of Trade Unions
31/32 Parnell Square
Dublin 1
Ireland
Tel: +353 1 8897777
Fax: +353 1 8872012
Email: congress@ictu.ie

Executive Council 2015 to 2017

President

Brian Campfield (NIPSA)

Vice-President

Kevin Callinan (IMPACT)

Vice-President

Sheila Nunan (INTO)

Treasurer

Joe O’Flynn (SIPTU)

Members (31 in total)

 

Next General Meeting

From Paddy Healy   086-4183732       SITE:   http://wp.me/pKzXa-vB  Campaign for Restoration of PS Pensions Through Legal Action

The signatories to the account are:   Patrick Healy, Former President, TUI; Thomas Fennel, Former National Honorary Secretary , TUI; Michael O Donnell, Former Executive Member, TUI.

Next general meeting of The Campaign for Restoration of Public Service Pensions Will Take Place on Friday May 13 at 11 am in Teachers Club

Agenda

1 Financial Report

2 Report on Consultations with legal advisors

3  Notice on TUI RMA Website

4 A.O. B.

Paddy Healy Chair

Donate!

The Campaign is asking all public servants to contribute to a fund to enable it to secure written advice from expert senior counsel on the constitutionality of the government’s withholding of private property in  pensions in current circumstances and on the legality of such withholding under the European Convention on Human Rights.

While any donation to the legal fund will be welcome, the campaign is recommending a donation of 50Euro.

An Account has been set up at Permanent TSB    12-13 Lower O’Connell St, Dublin 1

Campaign for Restoration of Public Service Pension Cuts

BIC: IPBS IE2D

IBAN: IE89IPBS99065824661911

The signatories to the account are:   Patrick Healy, Former President, TUI; Thomas Fennel, Former National Honorary Secretary , TUI; Michael O Donnell, Former Executive Member, TUI.

The address of the campaign is:

Campaign for Restoration of Pension Cuts Through Legal Action

c/o  88 Griffith Court

Dublin 3

Mobile   086-4183732     Email Address     paddyhealy@eircom.net

———————————————————————-

Though Pensions Still Reduced:

Elderly caught in debt trap by home loans from boom

Irish Independent PUBLISHED16/01/2016 | 02:30

Thousands of elderly people are facing a massive debt time bomb on their homes after taking out equity release products. 

The high costs of the specialised mortgages are forcing the sale of homes and wiping out inheritances.No repayments are made on equity release products taken out by older people, which means huge debts have now built up. The money is due when the owner dies, or the house is sold.

But many families are now finding that the amount owed leaves them with nothing when the homes are sold, wiping out inheritances.

At least 3,000 people owe a total of €300m on equity release loans, according to Central Bank figures.

Equity in the homes was released when house prices were high. The average amount now owed works out at €100,000. In many cases, this is double the amount originally borrowed.

Equity release for older people is a way of retaining use of a house while also getting a lump sum, using the value of the house.

The catch with the versions aimed at older people is that they must be repaid at a later stage, usually at death. No repayments are made during the term of the equity release mortgage. But, crucially, this means compounded interest is added to the capital throughout the term of the loan.

Property prices are a third lower than at their highest level in early 2007. The expectation when the deals were done in 2000 to 2010 was that property prices would keep rising.

However, if the home is now worth less than was borrowed on it, the lender takes the hit.

Figures obtained by Fianna Fáil finance spokesman, Michael McGrath, from the Central Bank show that there are 3,100 customers with ‘life-loan’, or equity release-type loans.

Staggered

He was told by the bank that €300m is owed on these products. Many of these people may be unaware of the liabilities they were accumulating.

“Customers who took out a so-called ‘life loan’ need to be vigilant as to the liability they are accumulating, and to take steps to address the issue if necessary,” he said.

He said he was “staggered” at the costs when he looked at the details after being contacted by a number of people.

Founder of Askaboutmoney.com, Brendan Burgess, defended the products, but said: “Banks would be put off reintroducing them due to negative publicity.”

Bank of Ireland, one of the largest issuers of equity release mortgages to older people, said: “Life loans enabled people to raise finance without having to trade down or move home, with no repayments until the property was sold. Bank of Ireland sold life loan products between 2001 and 2010 in accordance with regulatory requirements.”

‘Even if we sell the house, there will be nothing left’

Orla Nolan is warning fellow consumers about the costs of equity release products.

The Dublin woman outlined how her 90-year-old mother is facing a €300,000 debt after taking out an equity-release loan for €165,000 from Bank of Ireland in 2005.

The bank charges an interest rate of 6.5pc a year.

Ms Nolan said the Life Loan had seen the amount owed on her mother’s home double to €300,000 in just over 10 years.

She has appealed to Bank of Ireland to do a deal with her, but says the bank will not respond.

Ms Nolan said: “Due to a difficult situation, mum took out a Life Loan in 2005 with the Bank of Ireland for €165,000. Today we are now trying to sell her house but to date have had no success.

“Today the loan is €300,000-plus,” she said.

Her mother is not in the house any more, and is now living with her family and requires continuous care.

“Even if we sell the house at this stage there will be quite possibly nothing left,” she said

She wants Bank of Ireland to do a deal with her.

“I have made numerous attempts and requests to the Bank of Ireland to freeze the interest which is at a compound of 6.5pc and is punitive,” she added. “The bank will not negotiate, they have more than got their money back at this stage.”

Repaying the loan before her mother dies will trigger a €18,000 “break-out” charge, as the loan is fixed at 6.5pc for 15 years.

Asked about Ms Nolan’s situation, Bank of Ireland said it would not comment on customer cases.

Irish Independent

ENTITLEMENT TO NON-MEANS TESTED FULL IRISH MEDICAL CARD UNDER EU DIRECTIVE

Of course all retired citizens should have a full medical card. Until this change can be achieved, those who are entitled to one under an EU directive in spite of successive Irish governments , should avail of it.

Entitlement of Retired Public Servants to NON-MEANS TESTED IRISH MEDICAL CARD UNDER EU DIRECTIVE

Did you ever work in the UK or in an EU state other than Ireland?

Were you appointed to the Irish Public Service prior to 1995?

Contact me for Assistance-Paddy Healy 086-4183732

Urgent Action Required as Britain may leave  EU!

Apply for your British (or other EU) Pension NOW !!!!

Complete the Enquiry Form for UK Here:

https://www2.dwp.gov.uk/tps-directgov/en/contact-tps/ipc.asp

 Entitlement To Irish Medical Card Without Means Test of persons in receipt of social security pension from another EU State

  • Persons in receipt of social security income from any other EU state will qualify in Ireland for a full medical card without means test, provided they are not in receipt of any income in this country which is subject to PRSI and do not have an Irish social security pension or portion thereof.
  • The appropriate Irish application form to HSE to complete in order to receive the medical card under this heading is MC1
  • It is necessary to complete the questions relating to income on the form, as the source of income not its magnitude is a deciding factor on who will qualify for the medical card without a means test.
  • For all countries, other than the UK, it is necessary to produce the necessary E-Form available from the social security office of the country paying the pension
  • For the UK, a recent payslip from British pensions is acceptable

Note that any level of pension no matter how small is sufficient to qualify.

It may be worthwhile for those not currently in receipt of such a pension to apply for it solely to access the medical card

FUEL ALLOWANCE FROM UK

Those who are in receipt of a British (UK) social security pension are entitled to a fuel allowance from the British authorities-100 euro for the pensioner and 100 Euro for the spouse.

Applications to the British authority that pays your pension must be received by March 31 in the year concerned

To claim your foreign pension from the UK you may write to

Department for Work and Pensions

The Pension Service 11

Mail Handling Site A

Wolverhampton

WV 1LW

United Kingdom

 

Having been granted the pension, seek a written statement from the Department of Work and Pensions as to the amount and payment frequency of the pension.

 

Then you are in a position to apply for the medical card to the

HSE

Client Registration UNIT

PO Box 11745

Dublin 11

 

IS THE “CONTRIBUTION” OF PENSIONERS TO RESOLVING THE FINANCIAL CRISIS “PROPORTIONAL”?

 2012  Serving  Public Servant   

Taoiseach          Tanaiste           Minister        M of State                TD

200,000             184,405            169,275             130,042           92,942

Post FEMPI 2013 CUT

€185,350          €171,309.           157,540                121,639         87,528

Restorations  FEMPI 2015

14,650                   13,096               11 ,735                  8,403              5,414

1,000                      1,000                  1,000                   1,000            1,000

Total Restoration 2015

   15,650                   14,096                 12,735                      9,403           6,414          

Salary Post FEMPI 2015

201,000                185,405               170,275                     131,042         93,942

% of 2012 Salary

100.5%                100.54%                100.59%                100.76%        101.07%

The maximum restoration a pensioner can get under the Bill is 1680 Euro per year.   None of the above have private property in the exchequer except the pensioner. Pensioner on Less than 12,000 Euro per annum to get no increase!

——————————————————————–

TUI LETTER TO All DAIL DEPUTIES CALLING FOR CHANGES To FEMPI 2015 Bill to remove penalty clauses on serving union members and to fully restore pension cuts to pensioned members

“The Public Service Pension Reduction (PSPR), which was imposed on the pensions of retired public sector workers, will be removed by the end of 2017 for approximately 65,000 of the 90,000 whose pensions were cut. However, there is no commitment to have the remaining PSPR removed. The majority of our colleagues, retired or soon to retire, who have given invaluable service to society are adversely affected by this.

All of these offending FEMPI 2015 provisions should be deleted or amended as appropriate”  –TUI Letter

TO:       Members of Dáil Éireann  3rd November 2015 

The Financial Emergency Measures in the Public Interest Bill (FEMPI) 2015

Dear Deputy,

The Financial Emergency Measures in the Public Interest Bill (FEMPI) 2015 contains a number of highly objectionable and punitive provisions which should be deleted or amended. Section 4 is draconian and seeks to force unions into the Lansdowne Road Agreement (LRA). If passed into law it will extend the potential to freeze increments for teachers and lecturers from beyond 2016 to 2018.
This could lead to a loss of thousands of euro for teachers and lecturers throughout their careers. This threat is disproportionate and wrong and must be stopped.
Likewise, the threat in Section 10 to the restoration to the teachers’ salary scale of payment for Substitution and Supervision (S&S) must be removed. Thousands of teachers have been carrying out this work since 2013 on the understanding that payment was deferred to 2017 and 2018. Any reneging on these Haddington Road Agreement (HRA) provisions (which involve reciprocal and significant productivity by teachers) will cause very serious industrial unrest.

The question needs to be asked:  If teachers do not carry out this S&S work, who will, given that this is work most effectively done by teachers? If this work is to be done it will have to be paid for one way or the other.

The Public Service Pension Reduction (PSPR), which was imposed on the pensions of retired public sector workers, will be removed by the end of 2017 for approximately 65,000 of the 90,000 whose pensions were cut. However, there is no commitment to have the remaining PSPR removed. The majority of our colleagues, retired or soon to retire, who have given invaluable service to society are adversely affected by this.

All of these offending FEMPI 2015 provisions should be deleted or amended as appropriate.
The overwhelming vote of members (92% on a 60% turnout) of the TUI not to accept the LRA is due in large measure to the fact that the LRA is utterly oblivious of

  1. Casualisation. A very significant proportion of teachers and lecturers have part-time hours/low pay, insecure employment or both. The LRA pay increases in January will benefit few of these. About half of second level TUI members under the age of 35 years are in the unacceptable situation of being in part-time and/or temporary employment.  The LRA does not address this problem.
  2. Lecturing hours far in excess of international norms:  Staffing levels in Institutes of Technology are wholly inadequate, with the result that Lecturers have lecturing hours far in excess of international norms. Institute of Technology (IoT) lecturers lecture for 18 or 20 hours a week. The international norm is about 8 to 10 hours. Since the recession began, funding for the IoT sector has been cut by 32% and lecturer numbers have fallen by 10% while student numbers have increased by over 20%. This is unacceptable, unfair and unsustainable. Not only does the LRA not address this problem but it contributes to the extension of the problem beyond 2016 to 2018. The inevitable result of this failure to staff institutes adequately is that the quality of service to students suffers as does the reputation of the Institutes.
  3. Bureaucratisation of teaching and lecturing. Research and experience show that teaching in Ireland has become increasingly pressurised for a variety of reasons. Increased and often unnecessary bureaucratic work is a large part of the problem. Currently teachers in England are leaving the profession in huge numbers during the early career stage because of workload problems. We do not want to replicate that destabilising phenomenon in this country. However, the LRA does not address this problem.
  4. Lack of appropriate career structures for educationalists in Further Education.
  5. LRA Paragraphs 3.2 and 4.Specifically in respect of the LRA, there is considerable concern because of the lack of written clarification on paragraphs 3.2 and 4. While a verbal reassurance in this regard was provided by the Labour Relations Commission in Lansdowne House during the negotiations, this assurance is required in writing.

Rather than threatening educationalists with draconian measures, which would punish them for the rest of their careers, it would be more appropriate for the government to talk to the TUI about how best to address and resolve the issues outlined above in a manner that protects and enhances the integrity and quality of the Irish education system.

Yours sincerely,

_______________________________                    _______________________________

Gerry Quinn                                                                             John MacGabhann

President                                                                                   General Secretary

CAMPAIGN FOR RESTORATION OF PUBLIC SERVICE PENSION CUTS-APPEAL FOR DONATIONS TO LEGAL FUND

A Campaign for the Restoration of PS Pension Cuts has been founded recently. Preliminary legal advice indicates that there may be a case against the cuts both under the Irish Constitution and under the European Convention on Human Rights.

Pension is deferred pay. It is the private property of the pensioner. This has been decided by the courts and has been recognised by ministers in statements in theDáil. The right to private property is protected under the constitution of this state-Bunreacht na hÉireann- subject to the public good. The Exchequer contains the pension fund of public service pensioners.

The Campaign is also investigating whether the witholding of property in pensions by the state is a breach of the European Convention on Human Rights to which the state is a signatory.

The levy on Private Sector Pension FUNDs will end on Dec 31 as confirmed in Budget 2016. The so-called “levy”on public service PENSIONS continues.

PS pensioners are entitled to have their pensions fully restored.

This must be done at an early date in recognition of the restricted life expectancy of pensioners.

Government claims of economic recovery, reiterated by the Taoiseach and the Ministers For Finance and Public Service Reform on the Dáil record, have strengthened the basis for any such case.

In Budget 2016, the government gave approximately 100 million Euro in USC relief to the top 5% of income recipients who have average incomes of 180,000Euro each per annum. These wealthy individuals have no constitutional right to receive this additional income from the exchequer.

Under Budget 2016, the government is withholding 95 million Euro in 2016  of the property of PS pensioners while providing 30 million Euro for partial restoration of pensions. Under the Constitution the 95 million Euro withheld is the private property of pensioners

The total pension deductions taken from retired public servants in the years 2011 to 2014 was €438 million but €1.1 billion was transferred by this government into the pension fund of  Allied Irish Banks.

Minister Howlin has now circulated FEMPI Bill 2015 which seeks to implement the grossly inadequate “restoration” measure.

The Campaign is asking all public servants to contribute to a fund to enable it to secure written advice from expert senior counsel on the constitutionality of the government’s withholding of private property in  pensions in current circumstances and on the legality of such withholding under the European Convention on Human Rights.

While any donation to the legal fund will be welcome, the campaign is recommending a donation of 50Euro.

An Account has been set up at Permanent TSB    12-13 Lower O’Connell St, Dublin 1

Campaign for Restoration of Public Service Pension Cuts

BIC: IPBS IE2D

IBAN: IE89IPBS99065824661911

The signatories to the account are:   Patrick Healy, Former President, TUI; Thomas Fennel, Former National Honorary Secretary , TUI; Michael O Donnell, Former Executive Member, TUI.

The address of the campaign is:

Campaign for Restoration of Pension Cuts Through Legal Action

c/o  88 Griffith Court

Dublin 3

Mobile   086-4183732     Email Address     paddyhealy@eircom.net

————————————————————————————————————————————————————

13/10/2015   Pension is deferred pay. It is the private property of the pensioner. This has been decided by the courts and has been recognised by ministers in the Dáil. Your right to your private property is protected under the constitution of this state-Bunreacht na hÉireann- subject to the public good. The Exchequer contains our pension.

The Campaign is also investigating whether the witholding of property in pensions by the state is a breach of the European Convention on Human Rights to which the state is a signatory.

The levy on Private Sector Pension FUNDs will end on Dec 31 as announced in Budget 2016 Yesterday. The “levy” on public service PENSIONS continues

We are entitled to have our full pension restored. This must be done at an early date in recognition of the restricted life expectancy of pensioners.

PARITY  WITH SERVING PEER IS GONE

UP until 2008, if a serving public servant got a 5% rise in pay, the equivalent pensioner also got a rise of 5% in Pension.

This arrangement has been discontinued by government.

There is no protection for pensions in payment from effective reduction of buying power through inflation

-Paddy Healy, Chair, Campaign for Restoration of Pensions Through Legal Action

——————————————————————————————————————————————————-

Seamus Healy TD in Dáil Speech on Budget     13/10/2015

This is the fifth budget in a row for the rich and powerful in our society. The USC package gives the top 5% of earners, 110,000 individuals earning over €180,000, an additional €922, costing the Exchequer almost €100 million or nearly twice what they were given last year.

On public service pensions, the Minister is retaining €95 million of the €125 million pension money lodged in the Exchequer but owned by public servants. Many of these people are on very modest pensions while we are giving huge money(in tax relief) to the richest and most powerful in our society, who have absolutely no constitutional entitlement to it.”

———————————————————————————————–

Proportion of Total Pension Cut to be Restored over 3 Years

The table applies to all public service pensioners with the relevant pre-cut pensions

Pensions of teachers and lecturers are taken as examples only.

Restorations- Jan 1 2016   400EURO, Jan 1 2017  500Euro, Jan 1 2018  780Euro.

Less than one quarter of the % pension restorations below will be provided in 2016

The exchequer will be retaining 95 million euro of pensioners property and providing 30 million Euro for purposes of restoration in 2016

    All pre-cut pensions at 34,132 euro or under will have been fully restored by Jan 1, 2018

                      There is no timeline in the Howlin proposals for full

                      restoration of pre-cut pensions above this level

                        

Pre-cut Pension Levels

Pension of 35,000 Total Cut (FEMPI 1, FEMPI 2)      8%of 12,000+12% of 11,00=960+1,320=2,260

Total Restoration over 3 years(FEMPI 1, FEMPI 2)        1680            % of Cut restored   74%

Special Duties Full Service1

———————————————————————————————————————————————–

Pension of 37,500  Total Cut (FEMPI 1, FEMPI 2)        8% of 12,000+12% of 13,500=   2550

Total Restoration over 3 years(FEMPI 1, FEMPI 2)         1680    % of Cut restored       66%

Assistant Principal Full Service2

————————————————————————————————————————–

Pension of 40,000   Total Cut (FEMPI 1+FEMPI 2)  8% of 12,000 +12% of 16,000= 960+1920= 2880

Total Restoration over 3 years (FEMPI 1, FEMPI 2)  1680       %of Cut Restored          58%

———————————————————————————————————

Pension  of 42,500   Total Cut (FEMPI 1+FEMPI 2)  8% of 12,000 +12% of 18,500=960+2220=  3180

Total Restoration over 3 years (FEMPI 1, FEMPI 2)   1680       %of Cut Restored          53%

Deputy Principal  Medium Size School Full Service3

———————————————————————————————————

Pension of  45,000     Total Cut (FEMPI 1, FEMPI 2)  8% of 12,000 +12% of 21,000=960+2,520=3,480

Total Restoration over 3 years (FEMPI 1, FEMPI 2)   1680      %of Cut restored         48%

IoT Lecturer Full Service4

————————————————————————————————————————-

Pension of 47,500          Total Cut (FEMPI 1, FEMPI 2)  8% of 12,000 +12% of 23,500=3750

Total Restoration over 3 years (FEMPI 1, FEMPI 2)    1680    %of Cut Restored       45%

IoT  Lecturer 2 Full Service5      Principal Medium Size School Full Service6

———————————————————————————————————————

Pension of 50,000     Total Cut (FEMPI 1, FEMPI 2)  8% of 12,000+12% of 26,000=960+3,120=4,080

Total Restoration over 3 years (FEMPI 1, FEMPI 2)    1680        %of Cut restored        41%

IoT Senior Lecturer(Teaching) Full Service7

———————————————————————————————————————————–

NOTES

  1. 1/09/08     Second Level Teacher  Special Duties (TUI  Diary 2008/2009)

Max Scale                         63,360

SD Allowance                    3,967

Pass Deg Allowance          1,939

Pass Hdip Allowance             622

Total  Salary                         =69,888

Pension Full Service             =34,944

———————————————————————————————————————–

  1. 1/09/08     Second Level Teacher   Assistant Principal (TUI  Diary 2008/2009)

Max Scale                                63,360

AP Allowance                            8,968

Pass Deg Allowance                  1,939

Pass H Dip Allowance                 622

Total  salary                       =          74,859

Pension Full Service                          =           37,430

————————————————————————————————————-

  1. 1/09/08   Deputy Principal Medium Size School (Level viii)

Max Scale                                        63,360

D P Allowance                                  15,399

Hons Deg Allowance                           5,177

Hons H dip Allowance                         1,299

Total Salary                                           85,235

Pension Full Service                            42,618

———————————————————————————————————————————————

  1. 1/09/08     Lecturer  (TUI  Diary 2008/2009)

Max Scale                                            =      90,345

Pension Full Service                          =           45,173

————————————————————————————————————

  1. 1/09/08     Lecturer 2  (TUI  Diary 2008/2009)

Max Scale                                             =    94,766

Pension Full Service                              = 47,383

————————————————————————————————————————–

  1. 1/09/08            Principal  Medium Size School (Level viii)

Max Scale                                              63,360

Principal Allowance                               24,961

Hons Deg Allowance                                5,177

Hons H Dip Allowance                            1,299

Total Salary                                               94,797

Pension Full Service                           47,399

—————————————————————————————————————————————-

  1. 1/09/08      Senior Lecturer(teaching)  (TUI DIARY 2008/2009)

Max Scale                                                  =  98,357

Pension Full Service                                  =49,179

———————————————————————————————————————————————–

Primary and secondary teachers who held the pensionable Supervision and Substitution Allowance of 1769 Euro prior to retirement with full service will have salaries and pensions greater than shown above. The related percentage of cut restored will therefore be less in their case.

Teachers  with honours degrees or higher degrees, vice-principals and principals of bigger schools, will be above the pre-cut salary and pension levels above  and all Senior Lecturers 2 and Senior Lecturers 3(IoT Heads of Schools and Departments) will be above the pre-cut salaries and pensions of teaching Senior Lecturers.

——————————————————————————————————————————————-

Constitution and Rules of Campaign for Restoration of Public Service Pension Cuts

c/o  88 Griffith Court

Fairview , Dublin 3       Tel    086-4183732

  1. Name

The name of the organisation shall be the Campaign for Restoration of Public Service Pension Cuts

  1. Membership

Membership shall be confined to those who on joining the organisation are members of TUI RMA and/or of Teachers Union of Ireland, ASTI and/or RSTAI,  INTO and/or RTAI and IFUT

Any member of these organisations may become a member of the campaign by applying to the campaign for membership

  1. Objects

The object of the organisation shall be the pursuit by legal means of the restoration of cuts made to public service pensions in payment by governments under emergency legislation including the raising of funds for this purpose

Donations may be sought from all public service pensioners.

  1. FUND

An account has been set up to receive and disburse funds at Permanent TSB Bank , O’Connell ST Dublin

Any disbursal of funds must be authorised by a meeting of the campaign which all members are entitled to attend. Members must be given reasonable notice of such meeting and be informed that it is the intention to seek authority to disburse funds at the meeting.

Three  trustees have been elected in whose names the account has been opened

The trustees are: Patrick Healy Former President TUI, Thomas Fennel Former National Hon. SEC TUI, Michael O’Donnell Former Executive Member TUI

  1. Meetings of the Campaign

A regular meeting of the campaign shall take place on the last Friday of each month except the months of June, July and August.

A special meeting may be called at any time of year provided all members are informed one week in advance and an agenda for the meeting is supplied to them

  1. Contributions of 50 Euro to the Legal Fund will be sought from individuals
  2. If money contributed is not disbursed for legal services and/or costs, it will be refunded to the contributors less charges incurred.
  3. The elected officers are:

Chair                                Paddy Healy

Secretary                      Joan Forsdyke

Treasurer                     Derek Simon

  1. Executive Committee members are: Eamonn Kerrigan, Michael O’Donnell, Tom Fennel and the officers of the Campaign who are named above.

 

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