Peter Burke
Ceist:128. Deputy Peter Burke asked the Minister for Defence if ##he will provide an overview of the widows and orphans scheme for Army personnel; and the details regarding enrolment in the scheme. [8590/22]
Amharc ar fhreagraWednesday, 16 February 2022
Ceisteanna (128)
Freagraí scríofa
Spouses’ and children’s contributory pension schemes for members of the Permanent Defence Force (PDF) are essentially based on schemes applicable in other areas of the public service.
The Original Spouses’ and Children’s Contributory Pension Scheme was introduced, at different times for different cohorts of personnel, from 1971 onwards, and in 1985 a Revised Scheme was introduced. The Revised Scheme extended the Scheme to provide for a pension for children born outside of marriage and for spouses and children of a marriage which takes place after retirement. Arising from this additional coverage the contribution arrangements under the Scheme were also amended, in particular the provisions for refund of contributions were made more restrictive under the Revised Scheme. Membership of either scheme was optional for those already serving before those dates. Not all personnel opted to join.
Membership of the original Scheme was compulsory for male officers who were commissioned on or after 1 January 1971, for male enlisted personnel who joined on or after 1 February 1978 and for all female personnel who joined on or after 1 January 1985. Membership of the revised Spouses’ and Children’s Contributory Scheme is compulsory for PDF personnel who joined after 31st May 1985.
Spouses' and children's pensions are payable on the death in service of a member or if an ex-member dies while in receipt of a pension.
Contributions are payable to the Scheme by way of:
(i) periodic contributions deducted from weekly pay; and
(ii) non-periodic (lump sum) contributions, which are deducted from a retirement or death gratuity, as the case may be.
Civil partners are treated in the same way as spouses under the Spouses’ and Children’s pension schemes operated in the public service. Only the legal spouse or civil partner (and children) of a deceased member may qualify for survivors’ pensions. The Scheme does not, for example, recognise relationships where two people are cohabiting but are not married or in a Civil Partnership.
Benefits under the Scheme are linked to the member’s pension and, in general, equate to half the member’s pension.
Additional benefits may also be payable. A surviving spouse may also be entitled to benefits under the Social Welfare code in addition to those provided under the Defence Forces Spouses’ and Children’s Contributory Scheme.
Under the Army Pensions Acts, dependants’ allowances may be payable in addition to these contributory spouses’ and children’s occupational pensions. In such cases, the combined benefit may not exceed two-thirds of the deceased’s pensionable pay (i.e. one-third for the spouse and one-third for the children). An example would be where the death of a former member who is in receipt of occupational pension and a disability pension which is attributable to his/her pensionable disablement.
Where a member of the PDF is killed in the course of duty or in circumstances attributable to his/her military service – whether serving at home or overseas – enhanced spouses’ and children’s pensions are payable under the Army Pensions Acts. In such cases, maximum combined pensions of up to 90% of reckonable pay are payable (i.e. 50% for the spouse and up to 40% for dependent children, subject to the usual age limits etc.). These are payable instead of any other dependants’ pensions under the Defence Forces pension code.
In the past, an option in relation to Scheme membership could not be changed. However, in recent years the Commission on Public Service Pensions recommended that a limited appeals process for spouses’ and children’s scheme membership options be established to examine individual cases and to allow appeals that meet certain limited criteria and in recent years a number of appeals have been dealt with under this process.
Further detailed information (scheme booklets, etc.) is available on my Department’s website at www.gov.ie/en/organisation/department-of-defence/ or from the Pensions Administration Section of my Department by email at pensions.admin@defence.ie or by phone at 091-743819 or 091-743903.
If the Deputy has a particular case in mind I will have the matter examined if he provides me with the relevant details.