Vol. 455 No. 8
44 Mr. Shatter asked the Minister for Finance the legislative changes, if any, he proposes to introduce in relation to the operation of the Civil and Public Service Pension Schemes in the event of a constitutional change allowing for divorce legislation in this State being effected; and whether the legislation that may be required in this area will be published in advance of the holding of such a referendum. [12953/95]
In the event of a constitutional change allowing for divorce legislation in this State, the pension position of divorced spouses of public servants would fall to be catered for under general legislation applicable to all occupational pension schemes, both public sector and private sector.
In this connection, I would point out that the Family Law Bill, 1994, contains provisions enabling the courts to make orders in relation to the maintenance, property and pension rights of spouses following the granting of a decree of judicial separation. The Bill provides that court orders relating to pension benefits will have direct applicability to all pension schemes, including those for public servants. In the event of a constitutional change allowing for divorce in this State, I understand that the Minister for Equality and Law Reform would then introduce similar legislation in relation to divorce, which would also have direct applicability to public service pension schemes.
