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Seanad Éireann debate -
Wednesday, 30 Jun 1976

Vol. 84 No. 8

Superannuation and Pensions Bill, 1976: Second Stage.

Question proposed: "That the Bill be now read a Second Time."

Cavan) (for the Minister for the Public Service): This Bill is essentially an enabling measure designed to simplify the administration of the pension terms of civil servants. It does not, of itself, change either the structure, or the level, of their superannuation terms. At present, these terms are, in the main, contained in a long list of enactments stretching back to 1834 and any changes considered necessary from time to time must be effected by way of amending legislation. Such an arrangement makes it difficult to comprehend the overall provisions of the code, especially for those who have no specialised knowledge in the field, and of course, the legislative requirements mean that a considerable time can elapse before covering authority for even minor changes can be obtained.

Section 2 of the Bill will simplify these procedures. It enables the pension terms for, or in respect of, civil servants to be prescribed in statutory schemes. Certain other persons, listed in subsection (3) of section 2, to whom civil service terms apply, will also be covered by such schemes. The aim, in due course, is to make a comprehensive scheme covering all the pension terms relating to established civil servants and then to repeal the relevant statutory provisions. Initially, however, schemes will be made to provide the appropriate legislative cover for the civil service contributory and ex-gratia widows' and children's pensions schemes, payments under which, with the approval of the Dáil, commenced with effect from 23rd July, 1968 and 1st October, 1969, respectively. Basically, the setting out of pension terms in the form of a scheme is no more than the extension of a practice already applying as a general feature in the State-sponsored sector and applicable also in a large part of the remainder of the public sector, viz. Garda, defence forces and national and secondary teachers.

I might mention that the Bill will, also, by virtue of section 3, subsection (1), enable statutory cover to be provided for a number of changes in superannuation which resulted from my acceptance, in 1974, of agreed recommendations made in the previous year by a working party on superannuation. This is a temporary provision and will cease on the making of a comprehensive scheme under section 2 which will embody those and other pension provisions. To cover all the details of civil service superannuation in a single document will be a considerable task, but it is one which is well worth undertaking with a view to rationalising and simplifying the code as far as possible.

I recommend this measure to Seanad Éireann for early and favourable consideration.

We are in favour of this Bill. It is desirable that the multifarious schemes for pensions and superannuation in the public service should be dealt with in a simpler and more flexible way. It certainly does not mean that these measures should have to be always dealt with by a Bill in the Oireachtas. It seems desirable that the Minister should have this power to make schemes without having to come back each time to the Oireachtas. I assume that schemes of this kind will be made by order which can be discussed by the Oireachtas.

I am glad to welcome the Minister for Lands but I am sorry the Minister for Finance is not present. I would hope that he would reconsider the question of those widows whose public-servant husbands died before 23rd July, 1968. When these schemes were originally introduced, widows were not covered at all. When it was decided, very late in the day, that widows of public servants would receive a pension, even a small one, those whose husbands had died before the introduction of the scheme were not covered at all. The present position is that these widows, of whom there were 2,177 at the end of 1972, get half of the pension that their husbands would have had. The average pension that these widows received in 1972 was around £300. Without the ravages of inflation since then, the amount would clearly be greater. Nonetheless, these pensions are still small and amount to only a quarter of their late husbands' salaries. These are called ex-gratia pensions. “Ex-gratia” is a misnomer because in the case of widows whose husbands died after 23rd July, 1968, the State paid half of the pension. The position now is that the State pays the same half that they would have paid in any event but the other half, which is paid for by contributions, does not exist. These widows are living at a standard which is well below that which ought to be expected in the case of the public service or any section of the economy.

Some of these widows are over 70 years of age and a large number are over 80 years of age. They are a declining group inevitably and sadly. They have reiterated that they are perfectly willing to pay the full 40 year contributions at ½ per cent of their late husbands' salaries which were required to get the full pensions that other widows get. One wonders why this arrangement has not been agreed to.

The Minister for Finance has said that the poorer widows could not afford to pay this lump sum in contributions. I believe an arrangement to this end was made and the Minister refused to sanction the arrangement. An arrangement was made that the pension could be paid into the Bank of Ireland until such time as the total contributions had been paid, which would take a year and nine months, and then the bank would pay the increased pensions to the widows. One wonders why this was not agreed to.

The question has arisen as to who would pay for these increased pensions. Actuaries decided that this would cost a 1¼ per cent contribution on all existing public servants in order to enable these pre-1968 pensions to be paid in full. The Civil Service Staff Associations refused to pay this amount. It is regrettable that it was put to them in this way. It might well have been explained that it was not to be a permanent 1¼ per cent additional superannuation, that for obvious reasons, it would be a declining factor, that after a certain number of years had elapsed there would be no pre-1968 widows left. Therefore, to have put it in this way, asking to have a permanent impost on them of 1¼ per cent, was asking for a refusal.

The Minister for Finance says that the cost in capital terms of paying these pensions in full would be £3,250,000. He talks about everyone claiming more concessions that the country cannot afford. He says that the same people who claim these concessions complain when tax is increased and so on. But this is a particular case where the Minister should accept that he has a responsibility. These are the widows of public servants who are under the immediate control of the Minister, both as Minister for Finance and Minister for the Public Service. Any Minister for Finance or for the Public Service has a special responsibility to see that those who have served the State faithfully do not suffer unnecessary financial deprivation and, in particular, that their widows should have a reasonable standard of living. The Minister cannot and should not evade his responsibility by talking in general terms of how everyone is claiming concessions and, at the same time, is unwilling to pay for them.

One wonders why it would not be possible to divide up the cost. Apparently the Minister has been considering either making the staff associations pay the full amount by a 1¼ per cent increase in their superannuation payments or making the State pay the full amount—another £3 million. One wonders why nobody has considered dividing the cost—say about one-third each. Let the State pay one-third of the cost, an extra £1 million, and let the civil service staff associations pay one-third, maybe 0.4 per cent extra superannuation. Perhaps if it was put to them in that way they would be willing to agree. Let the widows concerned pay the contributions their husbands were unable to pay because the scheme did not exist at that time. I am sure it would be practicable to introduce some kind of scheme which would be acceptable to all parties.

One is entitled to mention that the husbands of pre-1968 widows, during their period of service as public servants, paid 3¾ per cent of their salaries for a pension which they never got because they died too soon. If they had lived there would be much higher pensions payable. The post-1968 widows get four times what the pre-1968 widow gets. There is a saving all along the line because people did not survive long enough to get their pensions or to get the benefit of the 3¾ per cent superannuation which they paid in order to qualify for their pensions.

The State has a responsibility for its public servants. The Minister should look at the matter again, not from the point of view simply of what the cost is—talking in terms of millions or 1¼ per cent or whatever—but in terms of how best an arrangement can be come to so that all the parties concerned, that is, the widows whose standard of living is insufficient, the existing public servants and the State itself, how they can all come together and agree on some scheme which will do rather more justice than is being done at the moment. One last word: I should point out the obvious fact that the present so-called ex gratia scheme costs the State little or nothing because these very small pensions payable to the pre-1968 widows involve at the same time a consequent saving to the State in widows' and old-age pensions. In other words, the actual net cost to the State of this ungenerous provision they have made is probably little or nothing. I would urge the Minister to speak to the Minister for Finance about this and to suggest that he ought to try and see whether anything can be done for these unfortunate people.

I wish merely to associate myself with the remarks that have been made so eloquently by Senator Yeats. I consider that these people are entitled to justice. Their husbands while alive gave excellent service in the Departments of State. We all know that people who work in the civil service under the Government pay into a pensions fund during their term of service. In other words, most of these pension funds are deferred payments—payments that a person while working would more or less be entitled to get but of which the State holds back a certain amount so as to build up a gratuity and pensions fund later on. When the breadwinner dies before reaching the stage of receiving a gratuity or pension, it is only right and fair that adequate provision should be made for the widow who loses a husband at the time when the family is very young and when she has to make great sacrifice, accept a much lower standard of living and try to cater to the best of her ability for her family. In a case such as this the Minister should bring it again to the notice of the Minister for Finance that there seems to be an injustice here and do his very best to try and have it rectified.

, Cavan): I thank the Seanad for the manner in which it has accepted the principle of this Bill. As I said in my opening remarks, it is purely an enabling Bill to enable the Minister to create pension schemes and to tidy up the present system of such pension schemes. It will eventually consolidate all the pension schemes into one document or one instrument. That is a highly desirable object and one which is accepted by the House in principle. Indeed the only point that has been made on the Bill by Senators Yeats and Dolan is in regard to the pre-1968 civil service widows. This is a topic that has been brought up in both Houses from time to time. It may not, with all respect, be highly relevant on the Bill but I suppose it was not surprising that it should be raised. The position in regard to widows and children of civil servants serving on the 23rd July, 1968, is that they are provided with pensions on the basis of contributions being paid by those officers to cover the risk of their predeceasing their wives. Those who had retired or died prior to that date were not covered and they have paid no contribution. Accordingly, their widows could not benefit under the contributory scheme. Therefore, a special scheme was provided on an ex gratia basis as from 1st October, 1969, for widows and children of those who retired or died prior to the introduction of the contributory scheme. This enables pensions of one-half of the rate payable under the contributory scheme to be awarded to such widows. The 1975 annual rate of expenditure for the public service, including civil servants, in respect of widows ex gratia pensions was approximately £3 million so that double the rate would increase the figure to around £6 million. This figure does not allow for the possibility of other claims for compensatory increases—for example, social welfare, widows' improved benefits or lower contributions for members of the contributory civil service scheme. The question of existing members of the contributory scheme making higher contributions to meet the cost of improving the ex gratia pensions was taken up with the staff side representatives but no positive reaction was obtained.

It may be mentioned that because of the annual pension increase for public service pensioners the average ex gratia pension went up as from 1st July, 1975, by at least 29 per cent. A further increase of around 11 per cent is due with effect from 1st July, 1976. Since the scheme was introduced in 1969 the rates have risen on average by approximately 173 per cent. I have listened, as Senator Yeats indicated that I would, to the case he made on behalf of the pre-1968 civil service widows. While I will certainly bring this point and the case made by Senator Yeats and Senator Dolan to the attention of the Minister for the Public Service, the position in regard to finance is as I have stated. The post-1968 are being paid widows' pensions and orphans' pensions out of funds provided by their husbands or subscribed by their husbands. While the pre-1968 widows were not parties to the contributory scheme, they are being paid pensions on a purely ex gratia basis. These pensions are increased from time to time. However, I do not know whether the Senators will be in order in raising this on the Committee Stage. If they are, I would suggest that they do that while the Minister, who is more familiar with this particular topic than I am, is present. I imagine that, even if the remaining Stages of the Bill are taken today, the Minister for the Public Service will be available to handle it and to answer the points raised by the Senators.

Question put and agreed to.
Agreed to take remaining Stages today.
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