I move:
That Dáil Éireann hereby approves of the amendment of the Houses of the Oireachtas (Members) Pension Scheme made under section 6A of the Oireachtas (Allowances to Members) Act, 1938, by:
(1) the substitution of "Minister for Public Service" for "Minister for Finance" in clauses 2 (2), 3 (1), 3 (5), 4 (2) and 4 (3),
(2) the addition to clause 1 (2) of ‘save as provided in clause 2 (4) below', and the addition to clause 2 of the following sub-clause:
‘(4) (a) Any reference to a financial year in sub-clause (3) of this clause shall, in relation to after the 31st day of December, 1974, be construed and have effect as a reference to a period which is co-extensive with a calendar year.
(b) Where the reference in sub-clause (3) of this clause to each financial year includes, or may be construed as including, a reference to the period from the 1st day of April, 1974, to the 31st day of March, 1975, the reference shall be construed and have effect as a reference to the period from the 1st day of April, 1974, to the 31st day of December, 1974.',
(3) the addition to clause 5 of the following sub-clauses:
‘(14) A pension awarded under this Scheme may be increased as if it were computed by reference to the rate of Parliamentary Allowance payable from time to time to a member of the Dáil or of Seanad Éireann, as the case may be.
(15) An increase in pension under sub-clause (14) of this clause shall apply only where—
(a) the member has completed not less than 12 years' service as a member, or
(b) the member is 55 years of age or over, or
(c) the member is, in the opinion of the Trustees, precluded from earning a livelihood by reason of permanent disability, or
(d) the pension is payable to the widow of a member by virtue of her late husband's membership of either House of the Oireachtas.
(16) Increases in pensions under sub-clause (14) of this clause shall apply with effect from 1st October, 1973, or, where the conditions specified in sub-clause (15) are not fulfilled at the time of cesser of membership of either House of the Oireachtas, the date on which any of these conditions are fulfilled, but any increase arising from changes in the rate of Parliamentary Allowance occurring after 1st October, 1973 shall apply with effect from the date (hereinafter referred to as the specified date) specified for the payment of increases in pensions (awarded under the Superannuation Acts 1834 to 1963) in regulations made under section 29 of the Pensions (Increase) Act, 1964, for the year in which such changes occur, if these changes occur on or before the specified date in that year, but where they occur after the specified date in that year increases in pensions under sub-clause (14) of this clause shall apply with effect from such date as the Trustees unanimously decide.',
(4) the substitution for sub-clause (10) of clause 5 of the following:
‘(10) The Trustees may pay to a widow
(a) whose marriage to her husband took place before he ceased to be a member, and
(b) whose husband was
(i) in receipt of a pension under this Scheme, or
(ii) a member after 1 December, 1960, and had not less than 5 years' service as a member
a person until her widowhood ceases not exceeding the greater of
(a) £250, or
(b) one-half of the pension payable to her husband under this Scheme or which would have been payable to him if he had ceased to be a member on the date of his death, or
(c) in case a pension under this Scheme was not payable to her husband on the date of his death, one-half of the pension which would have been payable to him under this Scheme on such date if he had had eight years' such service
together with an addition to such pension of £75 for each child under the appropriate age subject to the total amount so payable not exceeding the greater of
(a) £250, or
(b) the pension payable to her husband under this Scheme or which would have been payable to him if he had ceased to be a member on the date of his death, or
(c) in case a pension under this Scheme was not payable to her husband on the date of his death, the pension which would have been payable to him under this Scheme on such date if he had had eight years' such service.',
(5) the substitution for sub-clause (13) of clause 5 of the following:
‘(13) The Trustees may pay to each orphan whose parent was
(a) in receipt of a pension under this Scheme, or
(b) a member after 1 December, 1960, and had less than 5 years' service as a member
a pension of £150 up to the appropriate age subject to the pensions payable to the orphans of such parent not exceeding the greater of
(a) £250, or
(b) one-half of the pension payable to such parent under this Scheme or which would have been payable to him if he had ceased to be a member on the date of his death, or
(c) in case a pension under this Scheme was not payable to such parent on the date of his death, one-half of the pension which would have been payable to him under this Scheme on such date if he had had eight years' such service
and, where both parents have been members, the parent eligible for, if he had ceased to be a member on the date of his death, or in receipt of, or if he had eight years' service as a member on such date would have been eligible for, the smaller pension shall be disregarded for the purposes of this sub-clause.', and
(6) clauses (4) and (5) of this resolution shall be deemed to have been passed on the 1st day of July, 1974.
The purpose of this motion, which amends the House of the Oireachtas (Members) Pensions Scheme, is two-fold—(1) to provide pensions parity for certain categories of pensioners and (2) to broaden the area of eligibility for widows' pensions. Representations on these matters have been received by me from the Committee on Procedure and Privileges and other quarters.
At present pensions are based on the rates of Parliamentary allowances which Members were receiving when their membership ceased and are not subject to revision. I have decided that the pensions payable to persons, who had at least 12 years' service or who are over 55 years of age or who are precluded from earning a livelihood by reason of permanent disability or who are widows of Members, may be increased periodically as if they were calculated by reference to the rates of Parliamentary allowance payable from time to time. The operative date each year for these increases will be the same date as for public service pensioners generally, commencing on 1st October, 1973.
I have also decided to reduce the qualifying period for widows' pensions from eight years to five years. The actual rate of pension for a widow whose husband had not less than five but less than eight years' service as a Member of either House of the Oireachtas will be half the pension calculated as if the husband had had eight years' service subject to a minimum of £250 for the widow. The addition which is made to a widow's pension in respect of each child is being increased from £50 to £75, and an orphan's pension is being increased from £100 to £150. These amendments will take effect from 1st July, 1974.
The motion also provides for technical changes in the Members' Pensions Scheme following on the transfer of responsibility for superannuation matters generally from the Minister for Finance to the Minister for the Public Service and the changeover of the present financial year to coincide with the calendar year.