Vol. 573 No. 3
242 Mr. R. Bruton asked the Minister for Finance his plans to provide pension rights and gratuity rights for employees in the public service, who currently do not have any pension cover; if he has received recommendations from the pension commission in respect of these categories of worker; and if he will make a statement on the matter. [24809/03]
As the Deputy may be aware, the Protection of Employees (Part Time Work) Act 2001 and the Protection of Employees (Fixed-Term Work) Act 2003 sponsored by my colleague the Minister for Enterprise, Trade and Employment set out the conditions under which part-time and fixed term contract employees are entitled to conditions of employment, including pension, no less favourable than comparable full time or permanent employees. These entitlements are conferred regardless of whether pension schemes and-or employment contracts have been formally amended to cover such entitlements. All employers, including public sector employers, have a direct responsibility to ensure that they comply with the provisions of these Acts. The 2001 Act is effective from 20 December 2001 and the 2003 Act from 14 July 2003.
Prior to the introduction of the aforementioned legislation, the Commission on Public Service Pensions had recommended that public servants in temporary and part-time work should be granted access to public service pension schemes, provided that they are in regular or quasi-permanent employment and, in the case of part-time employees, that they work a certain minimum number of hours per week. In September 2001, the Government announced its decision to accept the thrust of the reforms suggested by the commission and to establish a working group, as provided for in the PPF, to advise on the implementation of its recommendations. The implementation working group, which comprised representatives from the public service unions and relevant Departments, recently concluded its deliberations. Its report has now been finalised and is under consideration. However, as indicated above, the part time and fixed term legislation have been effective from December 2001 and July 2003. The Deputy may wish to note that employees who are not members of pension schemes or do not currently have pension rights and who will not have such entitlements or rights as a result of the foregoing, for example, employees who do not comply with the minimum service requirements, have an entitlement to access to personal retirement savings accounts, PRSAs, under the terms of the Pensions Act 1990, as amended by the Pensions (Amendment) Act 2002, sponsored by the Minister for Social and Family Affairs.
