Retired surgeon's test case over pension payment could cost State up to £20m

A TEST case relating to pensions paid to 104 retired medical consultants could cost the taxpayer up to £20 million if it goes…

A TEST case relating to pensions paid to 104 retired medical consultants could cost the taxpayer up to £20 million if it goes against the State.

The litigation has been taken before the Circuit Civil Court by Mr Sean Baker, former consultant surgeon at Bantry General Hospital. His claim, limited in this instance to the £30,000 jurisdiction of the Circuit Court, has been taken against the Southern Health Board, the Minister for Health and the Attorney General.

Mr Baker, of Carukeal, Bantry, Co Cork, claims his contract of employment entitled him, on retirement, to a pension equal to half of the salary of his successor in the post of consultant surgeon with the health board.

Mr Michael Counihan SC, counsel for Baker, told Judge Elizabeth Dunne that on June 1st, 1991, the defendants decided to "fix" Mr Baker's pension at a sum less than the agreed 50 per cent of his successor's salary.

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He is seeking a declaration that his pension rights are governed by his contract on appointment as consultant surgeon and remain one half of his successor's salary inclusive of 50 per cent of all increments since June 1991.