Dáil Éireann Debate, Wednesday - 22 June 2016
145. Deputy Clare Daly asked the Minister for Social Protection to establish the necessary mechanisms such that LGBT employees and pensioners who were never given the opportunity to leave a survivor pension to their same-sex spouse be given an opportunity to do so now. [17378/16]
View answerUnder the provisions of the Pensions Act, persons in civil partnerships, in same sex marriages or in opposite sex marriages are treated equally. Broadly speaking, pension scheme rules may provide
1. That spousal pension benefits will be paid where the member is married at the point of retirement;
2. That spousal pension benefits will be paid where the member is married at the point of death;
Under 1, where a same sex couple marry subsequent to the member's retirement, no pension would be payable. This also applies to an opposite sex couple, so there would not appear to be a breach of the principle of equal pensions treatment.
Under 2, where a same sex couple marry subsequent to retirement, but before the member's death, a spousal pension would be payable. This would also be the case for a same sex couple.
Any changes to pension scheme rules would be required to apply equally to persons in civil partnerships, in same sex marriages or in opposite sex marriages.
I hope this clarifies the matter for the Deputy.
