asked the Minister for Finance if he will introduce amending legislation to enable the payment of a pension to a person in Dublin (details supplied) who is the widow of a deceased civil servant and who failed to secure a pension arising from the fact that her marriage took place 14 days following her husband's retirement.
Ceisteanna—Questions. Oral Answers. - Civil Servant's Widow's Pension.
12.
It is an essential qualification for the receipt of benefit under the civil service ex gratia and contributory widows' and children's pensions schemes that marriage take place before retirement. I do not propose to alter this requirement.
I should like to point out to the Minister that this is the only person so affected in this grade. It is a sad reflection not alone on this House but on this country if a person is to be victimised because her husband, through certain circumstances, did not marry until 14 days after he retired and, therefore, she is not entitled to any support?
It is a basic principle of superannuation schemes, both in the public service and in the private sector, that the superannuation position of an employee is finalised at the date of his retirement. At that date the employer discharges his responsibilities to the employee by making whatever the appropriate superannuation award is. Any subsequent change in the status of the pensioner does not affect the award and I do not think it is reasonable to expect that the employer should in any way be responsible for any change that subsequently takes place in the status of the employee.
Does it not, therefore, mean that this acts as a deterrent to marriage on the part of a public service pensioner? This man retired and he got married 14 days afterwards. How, would the Minister suggest, could he provide for his widow after his death? Should he go and get a new job or a new business?
That is a factor that he would, I think, take into account in deciding whether he would get married but if he decides to get married after he retires that is a decision which he takes. It has no bearing on his employment or his employment status and it is not an obligation which can reasonably be imposed, on his employer.
This is typical of the skinflint attitude of the Government.
Would the Minister not agree that this is a unique case? If the man had got married 16 days earlier he would have qualified and in view of the fact that the Minister will not meet many such cases would he not consider, in fairness and in justice in this one case, I do not think another will arise, giving an ex gratia payment or doing something about it? It is just one case. I am not talking about the employer's obligations. There is only one case.
I am not sure whether it is the only case but certainly neither the Deputy nor myself can be sure that it is the only case that will ever arise. It is easy enough for all of us to want to be flaithiúlach but we are dealing with the taxpayers' money and we have some obligation to them. There is a principle involved in this.
Question No. 13.
I only put one supplementary question so far and I think there is no reason why——
Well, would the Deputy put a question now?
——this legislation could not be amended to include this person. It is the only case of its kind to date and I am sure we will not have many more in the future, where a retired civil servant marries for the first time —I emphasise the first time—after he retires.
This is importing a new principle into it. Is the Deputy saying that if he marries for the first time he should get an increased pension but if he marries for the second time he should not?
(Interruptions.)
Order. I am calling Question No. 13.
This widow is living in dire circumstances at the moment.
In view of the unsatisfactory nature of the reply I propose, with your permission, a Cheann Comhairle, to raise this matter on the Adjournment.
The Chair will communicate with the Deputy.