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Employment Rights

Dáil Éireann Debate, Tuesday - 25 July 2023

Tuesday, 25 July 2023

Questions (374)

Bríd Smith

Question:

374. Deputy Bríd Smith asked the Minister for Enterprise, Trade and Employment if he will detail his proposals in relation to the rights of retired workers' representatives to have greater access to the WRC or similar State arbitration bodies in the event of disputes relating to their occupational pension; and if he will make a statement on the matter. [35865/23]

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Written answers

In 2015, the 1990 Industrial Relations Acts were amended with the insertion of section 26A which allows for a retired person to access to Industrial Relations bodies in a period of 6-month (can be extended to 12 months in specific circumstances) post-retirement for work related matters arising pre-retirement.

If a person is in receipt of an occupational pension, their relationship is with the trustees of the pension fund. They no longer have an employment relationship with their former employer.  Trustees have statutory and fiduciary duties to act in the best interests of all members of a fund. Trustees must always be consulted if a collective agreement refers to a pension matter.  

It is the responsibility of the Office of the Pensions Ombudsman to act an independent and impartial means of resolving complaints alleging financial loss occasioned by an act of maladministration and disputes of fact or law in relation to occupational pensions schemes and Personal Retirement Savings Accounts.

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