Dáil Éireann Debate, Tuesday - 18 December 2012
389. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which if any of bilateral agreement with the US in respect of pensions; if a recipient of a US pension living here can only receive one or other pension or if he or she receives a pension on foot of contributions within this jurisdiction are they debarred from receiving a similarly based pension from the US; and if she will make a statement on the matter. [56876/12]
View answerS.I. No. 243 of 1993 sets out the bilateral Agreement on social security between Ireland and the United States of America. The Agreement protects the contributory State pension rights of people who have been insurably employed in Ireland and in the US but who may not have a State pension entitlement under the national legislation of one or both countries or who may only have a reduced rate pension entitlement under national legislation. In such cases, the Agreement allows each country to take the person’s reckonable social insurance periods in both countries into account in a combined (pro-rata) pension assessment. The most beneficial pension rate determined (under national legislation, or under the Agreement) is awarded.
It is possible that a person may satisfy the qualifying conditions for State pension in both Ireland and the US and be entitled to a pension from both countries. In such cases, irrespective of which country they reside in, the application of the Agreement does not necessitate any consideration of the applicant’s citizenship status nor require that they opt for one or other pension. Both can be paid concurrently by this Department and the US Authority.
