Vol. 484 No. 3
305 Mrs. Owen asked the Minister for Justice, Equality and Law Reform if he will examine the case of a widow of a member of the Garda Síochána (details supplied) in Dublin 9 who has been informed that she is not entitled to a widow's pension in view of an unusual marital situation; and if he will approve the granting of a widow's pension in this unusual circumstance. [21904/97]
The application for superannuation benefits followed the death in 1995 of an ex-sergeant who retired from an Garda Síochána in 1987.
It has been established that ex-sergeant was lawfully married to another party from 1957 until his death in August 1995 and that the lawful spouse was alive at the time of his death.
Accordingly, the applicant does not qualify for the award of personal pension benefits as her marriage to the ex-sergeant could not be legally recognised for the purposes of the Garda Síochána pensions orders.
The applicant is currently in receipt of an allowance under the Garda Síochána pensions orders payable in respect of one qualified dependent child of ex-sergeant Conroy.
The position in this case has been explained in writing to the applicant's solicitor.
There is no provision under the Garda Síochána superannuation code whereby the Minister could award a widow's pension to the applicant.
