Acting up in Civil Service and returning to lower paid substantive post before retirement

There appears a difference between Fixed and variable allowance and how they are pensioned, fixed being more favourable.

I think it may be the other way around. The variable allowance is more favourable for pension purposes:

"The value of the fixed allowance to be included in an individual’s final pensionable remuneration will be based on the average annual amount of that allowance paid to the employee during the 3 years of reckonable service immediately preceding their last day of service....

...The value of variable allowances to be included in an individual’s final pensionable remuneration will be based on an average of the variable pensionable allowances received in the best 3 consecutive years in the 10 years preceding retirement, uprated to the date of retirement. The most favourable 3-year period, resulting in the highest allowance amount, will be included in final pensionable remuneration."

Civil servants can be in receipt of higher duty allowances for decades, ASC deducted, but pension contributions, not deducted and higher duty is un-pensioned. Union bizarrely allow this money saving tactic, by the civil service. It’s a racket.

Are you sure about that? It would be very unusual for civil servants to be disadvantaged versus the wider public service. I think this Circular applies to both? https://www.gov.ie/pdf/?file=https:...457408d9ac24104adb2d561f42adcec.pdf#page=null

Could you provide information re the retention of the acting allowance if in receipt for 5 years that would be very helpful

Only in relation to teaching. I am not sure if it extends beyond that. See 2.1 here https://circulars.gov.ie/pdf/circular/education/2000/42.pdf
 
The High Court judgement is very interesting. Thanks for sharing @november16


It is interesting. But it relates to a person employed in a more senior role under a fixed term contract. This is not generally the case in an acting up situation. Fixed term contract employees have specific rights ( https://www.citizensinformation.ie/...ployment/rights-of-fixed-term-workers/#b96346).
 
I think it may be the other way around. The variable allowance is more favourable for pension purposes:

"The value of the fixed allowance to be included in an individual’s final pensionable remuneration will be based on the average annual amount of that allowance paid to the employee during the 3 years of reckonable service immediately preceding their last day of service....

...The value of variable allowances to be included in an individual’s final pensionable remuneration will be based on an average of the variable pensionable allowances received in the best 3 consecutive years in the 10 years preceding retirement, uprated to the date of retirement. The most favourable 3-year period, resulting in the highest allowance amount, will be included in final pensionable remuneration."



Are you sure about that? It would be very unusual for civil servants to be disadvantaged versus the wider public service. I think this Circular applies to both? https://www.gov.ie/pdf/?file=https:...457408d9ac24104adb2d561f42adcec.pdf#page=null



Only in relation to teaching. I am not sure if it extends beyond that. See 2.1 here https://circulars.gov.ie/pdf/circular/education/2000/42.pdf
I think it may be the other way around. The variable allowance is more favourable for pension purposes:

"The value of the fixed allowance to be included in an individual’s final pensionable remuneration will be based on the average annual amount of that allowance paid to the employee during the 3 years of reckonable service immediately preceding their last day of service....

...The value of variable allowances to be included in an individual’s final pensionable remuneration will be based on an average of the variable pensionable allowances received in the best 3 consecutive years in the 10 years preceding retirement, uprated to the date of retirement. The most favourable 3-year period, resulting in the highest allowance amount, will be included in final pensionable remuneration."



Are you sure about that? It would be very unusual for civil servants to be disadvantaged versus the wider public service. I think this Circular applies to both? https://www.gov.ie/pdf/?file=https:...457408d9ac24104adb2d561f42adcec.pdf#page=null



Only in relation to teaching. I am not sure if it extends beyond that. See 2.1 here https://circulars.gov.ie/pdf/circular/education/2000/42.pdf
Hi ruffian, thanks for the circular. Is this just for teachers and education higher duty workers though. It may now apply for other workers in Public sector HSE etc but I think “Temporary”HigherDuty allowances in civil service which continue for years may not always be pensioned unless agreed or negotiated locally.

I am aware of a colleague, public sector, Solas, previously Fas, one of many people, who for several decades, carried out the acting duties, with allowances unpensioned, and were regularised, in the higher grade posts eventually, this was finally resolved as they were in the process of going to the WRC. I believe this was a relatively recent change on behalf of the public sector approx 2015 and changes public sector, but not the civil service.

Teachers are treated differently regarding their acting, supervision, Principal allowances, they are pensioned. I understand they were always pensioned. There are considerable differences between public and civil service in treatment regarding pensions and variable pensionable allowances.

Civil servants cannot avail of the WRC so would be unable to resolve this discrepancy through this mechanism.

I had asked the question regarding the difference between variable and fixed allowances on site but did not receive a response at that time . It appears and I will stand corrected that the variable allowance only uses a net figure eg as in my case ref variable pensionable allowances.

I believe strongly that there are differences, which I have been trying to have resolved for decades. I do believe the reason that certain civil servants, are disadvantaged re higher duty allowances, by comparison to those in public sector in receipt of acting allowances.

I have asked these questions, through the union and Management, pensions, HR in public and civil service since 2008, when I was a public servant. I am now designated as a civil servant and I see this work in practice. I have seen exceptions though whereby employees bring a case of C.I.D. and I am always trying to seek facts from those who are knowledgeable, in particularly the civil service area. I thank you for your information and input.
 
Hi @november16

I can't answer your query. But just to clarify something. Is this an "acting up allowance" in which someone at Grade X is appointed to Grade X+1 on an acting up basis only - getting the title/designation of the more senior grade and carrying the responsibilities of the grade while in post?
Or is it one in which the person at Grade X is asked (or agrees, or is designated) to take on some additional duties while maintaining their own duties at Grade X. I am aware of people getting an allowance in the latter situation, sometimes referred to as "additional duties allowance" or "extra responsibility allowance". Such allowances may or may not be pensionable. Any may be variable or fixed (with differing pension implications).
 
Hi @november16

I can't answer your query. But just to clarify something. Is this an "acting up allowance" in which someone at Grade X is appointed to Grade X+1 on an acting up basis only - getting the title/designation of the more senior grade and carrying the responsibilities of the grade while in post?
Or is it one in which the person at Grade X is asked (or agrees, or is designated) to take on some additional duties while maintaining their own duties at Grade X. I am aware of people getting an allowance in the latter situation, sometimes referred to as "additional duties allowance" or "extra responsibility allowance". Such allowances may or may not be pensionable. Any may be variable or fixed (with differing pension implications).
Full Acting up duties in my case to H.E.O. continuous, taxable, permanent, asc paid its called temporary. Management a lot to answer for in this instance. My colleagues carry out the same duties have fully pensioned allowances.
 
Full Acting up duties in my case to H.E.O. continuous, taxable, permanent, asc paid its called temporary. Management a lot to answer for in this instance. My colleagues carry out the same duties have fully pensioned allowances.

Very odd.
How did you come to be appointed A/H.E.O? Was it a case of "Good morning november16, you are moving to A/HEO starting from next Monday"?
Or were you asked if you would prepared to move to A/H.E.O? Was a timeframe, or compensation, or terms and conditions mentioned by anyone?
 
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