Perrin entitled to modest pension when aged 65

Heather Perrin will be entitled to a judicial pension, despite her conviction and jail sentence.

However, the pension will be modest, as Ms Perrin had not served long enough as a judge to accrue large entitlements.

Ms Perrin was appointed to the District Court in Feb 2009 on a salary of €147,961.

She would have needed to serve 20 years to qualify for a full District Court pension.

Instead, she will qualify for much smaller pension arrangements.

While not commenting specifically on her case, the Department of Public Expenditure said an individual who had served a minimum of two years, who was under pension age and who had retired, would see their accrued pension entitlements “preserved” until they reach 65 and are entitled to the pension. The department said district court pensions were based on one-fortieth of salary per year of service, up to a maximum of 20 years.

Appointed in 2009, Ms Perrin last sat in the District Court in June 2010 and was on medical leave since. This suggests circa three years’ service, with a possible pension of about €11,000. No official estimate was available last night.

In a statement, Justice Minister Alan Shatter said Ms Perrin’s pay nor pension could have been cut.

“Under Article 35.5 of the Constitution, a judge’s salary may not be reduced except in the specific circumstances approved in last year’s referendum on judges’ pay. There is, therefore, no legal provision to withhold a judge’s pay while on sick leave. Her salary ceased with effect from the date of her resignation, ie, November 26, 2012.

“Under the Constitution, the pension entitlements of a judge are regulated by legislation... There is no legal provision for these pensions to be withheld or refused.”

Mr Shatter also said he considered impeaching Ms Perrin: “I had been considering, in consultation with the Attorney General, initiating the impeachment process prescribed in the Constitution.”