The question refers to changes made to the basis for calculating Garda pensions in 1982 and 1994, which came into effect from the date of change was made but which did not have retrospective effect to include pensioners.
The first, the pensionability of certain Garda allowances in 1982 arose out of a finding by the arbitrator that a number of Garda allowances, which had previously been non-pensionable, became reckonable for pension purposes with effect from 1 October 1982. This was accepted by the then Minister for the Public Service and by the then Minister for Justice. Garda pensioners who retired before the date were not covered by the arbitrator's finding, and the finding was not extended to them because of the considerable additional costs involved.
The second change made to the basis for calculating Garda pensions, the decision in 1994 to make unsocial hours allowances pensionable, was done as part of a restructuring agreement reached under the local bargaining clause of the Programme for Economic and Social Progress, and was in return for agreement by Garda associations to contribute to flexibility and change within the force. The agreement was subject to an overall limit on cost of 3 per cent of basic pay. It did not provide for the extension of pensionability of unsocial hours to Garda pensioners who retired before 1 January 1993.
It is estimated that the total cost of applying the 1982 arbitration finding and the 1994 restructuring agreement to pensioners who did not benefit would be of the order of £6.6 million each year. I should also add that any concession in this case would be likely to have costly repercussions elsewhere in the public service.
However, in relation to the 1994 restructuring agreement, I should say that restructuring deals have still to be finalised in respect of several other major public service groups and that consideration is currently being given to the implications for existing pensioners of the existing and pending restructuring deals across the public sector and in relation to pensions increase policy generally.
