Dáil Éireann Debate, Wednesday - 17 April 2019
85. Deputy Maurice Quinlivan asked the Taoiseach and Minister for Defence if the decision not to award a person (details supplied) pension entitlements from their recently deceased spouse will be reviewed; and if he will make a statement on the matter. [17944/19]
Amharc ar fhreagraThe position is that the late spouse of the person in question was not a member of the Defence Forces Contributory Spouses and Children’s Pension Scheme. He opted out of the Original Scheme in 1977 and did not opt to join the Revised Scheme in 1985 when given the opportunity to do so. Accordingly, it is regretted that there is no spouse’s pension payable under the Scheme and the person in question has been informed of this.
In the past, an option in relation to Scheme membership could not be changed. However, in recent years, a limited appeals process was introduced to examine individual cases and to allow appeals that meet any one of the following criteria:
(i) where there is no evidence that an option was provided to the individual public servant in the first place;
(ii) where there is medical evidence to indicate that the person making the decision not to join the scheme was of sufficiently unsound mind not to appreciate the consequences of his or her decision;
(iii) where a member of the original scheme declined to join the revised scheme in circumstances where there would have been no reasonably foreseeable adverse financial consequences for the individual (in terms only of his or her scheme contributions) had he or she instead opted to join the revised scheme.
This case has also been examined in the context of the above limited appeals process but, unfortunately, there is no evidence that it meets any of the criteria. If it is considered that there is further information which may be of relevance, this can be sent to my Department and the matter will be considered further.
