Dáil Éireann Debate, Wednesday - 3 March 2004
192 Dr. Upton asked the Minister for Finance if he will expand the Civil Service compulsory spouses’ and children’s contributory pension scheme to include non-marital partners in order that they may avail of the scheme on the death of their partner; if this expansion will include same sex couples; and if he will make a statement on the matter. [7115/04]
View answerIn respect of surviving partners, spouses' and children's pension schemes in the public service provide for pensions for the surviving legal spouse of a member. The Commission on Public Service Pensions, which took account of the views of unions, management and independent pensions experts, recommended that the existing provisions of public service spouses' and children's schemes be modified to allow payment of a survivor's pension to a financially dependent partner in circumstances where there is no legal spouse and where a valid nomination has been made. A working group was set up under the PPF to advise on the implementation of the commission's recommendations. That group reported in October 2003.
As I announced in my budget 2004 speech, the Government has decided to implement the bulk of commission's recommendations. I announced that I would examine the feasibility of implementing the recommendation for payment of survivor's pensions to non-spousal partners. In view of likely developments in equality law, the term "non-spousal partner" in the context of the examination will be taken as including same-sex couples.
An examination of the feasibility of modifying public service spouses' and children's pension schemes to allow for the payment of survivor's pensions to non-spousal partners has now commenced and the item has been tabled on the agenda of the newly formed joint working group on pensions. This is a joint union and management group, which has been established as a forum within which practical aspects of the implementation of the commission's recommendations can be discussed. There are important legal and financial aspects to be considered in detail and in consultation with other Departments, such as the interaction between the "pension splitting" provisions of the Family Law Acts and the rules of the schemes.
