Dáil Éireann Debate, Wednesday - 18 September 2013
1069. Deputy Charlie McConalogue asked the Minister for Justice and Equality if an application for a Garda special pension has been presented to him for his own determination, and if not, the reason it has not been presented to him; the reasons this application for a Garda special pension was initially refused in respect of a person ( details supplied) in County Donegal; and if he will make a statement on the matter. [37464/13]
View answerThe former Garda in this case retired on medical grounds on 9 July, 2001 and was awarded a Garda Ill-health pension which currently amounts to €29,829.51 annually. Under Article 10(2) of the Garda Síochána Pension Orders 1925, a Garda Special pension is payable to a member who was discharged on ill-health grounds due to an injury received while on duty. The former Garda’s application for a special pension was refused as the medical evidence did not establish a sufficient connection between an event in the workplace and the illness that resulted in his medical discharge from An Garda Síochána.
His application for a special pension was examined under the Department's Internal Disputes Resolution (IDR) procedure for the Garda Síochána Pension Scheme and was considered by the then Minister for Justice and Equality on 01 July 2008. The Minister decided that the former Garda did not qualify for a Garda special pension. The former Garda then submitted a complaint to the Pensions Ombudsman. On 26 May, 2010 the Pensions Ombudsman made a final determination on the matter, in accordance with Section 139 of the Pensions Act, 1990 as amended by Section 5 of the Pensions (Amendment) Act, 2002. The Ombudsman determined that all the medical evidence and opinions received from medical experts should be made available to the Minister to enable him to make a decision on the ex-member’s application for a Garda special pension. The Minister considered the application again on 19 July, 2010 and reconfirmed his decision not to grant a Garda Special pension.
