asked the Minister for Justice (a) if it is intended to introduce legislation to rectify the position whereby the widow of a garda who married following retirement would be eligible for the pension which would otherwise not be claimed; and (b) what happens to the contribution of a member of the Garda who has contributed to the pension fund and to which no claim is made.
Ceisteanna—Questions. Oral Answers. - Garda Pensions.
55.
All widows pensions schemes for the public service, including that for gardaí, provide that pensions are only payable where the marriage takes place before leaving the service. I do not propose to amend the present Garda scheme in this respect.
The pension contributions made by serving gardaí represent only a small fraction of the annual cost of the various pensions and gratuities and are not, in any event, specifically allocated to particular superannuation benefits. Where no benefits are paid — normally where members resign before qualifying for a pension — the full amount of the contribution is refunded.
Is it the case then that the widow of a guard who married him after he had retired could claim the total number of contributions which her late husband had made while serving as a member of the Garda Síochána?
No.
Would it be possible for the Minister to inquire as to the number of applications that have been received from the unfortunate widows of members of the Garda Síochána who married following the officers' retirement from the service?
I know of only one such case.
Would it be of great cost to the State to find out how many other such cases there are and how much it would cost to relieve these people?
Since only one such person has applied, it is not unreasonable to assume that there is only one such case.
Is it the position that the Minister has refused this sole applicant?
I have not refused the lady in question. The provisions of all public service pensions, including Garda pensions, are well known. It is accepted that anybody who marries a public servant after that public servant has retired is not entitled to a widow's pension on his death. I might add that in the particular case I am aware of, which is probably the one the Deputy has in mind, the retired garda drew his full pension for five years after his retirement, up to the time of his death.
Neither the Minister nor I was a Member of this House when this particular legislation was enacted. Would he not agree that there is a certain amount of social injustice in this legislation whereby the widow of an ex-garda cannot obtain the pension to which the garda contributed during his years of service?
The Deputy will appreciate that he is asking the Minister to express an opinion.
The Deputy's question is intended to mislead. There is no question of the widow of an ex-garda as such not getting a pension. It is the widow of an ex-garda who married that garda after he had retired who would not receive a pension.