Dáil Éireann Debate, Tuesday - 9 April 2024
164. Deputy Duncan Smith asked the Tánaiste and Minister for Defence if pension entitlements will be transferred to the widow of a person (details supplied); and if he will make a statement on the matter. [15004/24]
Amharc ar fhreagraThe case of the person in question (details supplied) has been reviewed and I am advised that the position is that he was not a member of a Defence Forces Contributory Spouses’ and Children’s Pension Scheme. The individual in question 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. Unfortunately therefore there is no entitlement to, or ability to pay, a spouses pension in this case.
My Department has been in correspondence with the widow of the person in question in relation to this case and copies of the option forms signed where the individual indicated he did not wish to join either of these schemes have been sent previously to his widow, upon her request.
The position is that membership of the Original Spouses’ and Children’s Contributory Pension Scheme was compulsory in the case of soldiers enlisting after 31 January 1978 and optional in the case of soldiers already serving at the time. This was the case for the person in question.
Soldiers already serving on 31 January 1978 were included as members of the scheme unless they made a positive option in writing not to become members. It was made clear to all such soldiers that no benefits could be paid under the scheme to their dependants and that they would not be afforded an opportunity of joining the scheme at a later date. Detailed explanatory literature on the scheme was made available and extensive briefings about its provisions were given by the Military Authorities.
A second opportunity to make provision for their dependants was granted in 1985 when all soldiers (as well as pensioners and the widows and orphans of deceased soldiers) who had opted out of the scheme in 1977/1978 were invited to reconsider their decision and to join a revised scheme.
All soldiers who were serving when the original scheme was introduced in 1978 therefore had two opportunities to join the scheme. The question of reopening membership options to these schemes has been considered on a number of occasions over the years but I regret to say that it has not been found possible to make any concession.
There would be significant policy and cost implications for many other public sector areas if membership options were re-opened in respect of the Defence Forces' Contributory Spouses’ and Children’s scheme. The situation of surviving spouses of deceased military personnel cannot therefore be considered in isolation.
The longstanding provisions in relation to the Defence Forces Contributory Spouses’ and Children’s Pension Schemes are of common application across all public service Spouses’ and Children’s pension schemes and it is not open to the Department of Defence to change the relevant scheme rules in isolation. In that regard, any changes to military pension scheme terms and conditions, including for dependents’ benefits, are subject to the approval of the Minister for Public Expenditure National Development Plan and Reform.
The Final Report of the Commission on Public Service Pensions was published in January 2001. This Report was the first comprehensive examination of public service occupational pension arrangements since the foundation of the State. The Commission was an independent body and had invited submissions from interested parties, giving those concerned an unprecedented opportunity to put their case on occupational pension issues.
In its Report, the Commission gave careful consideration to the arguments for and against providing another option to join spouses’ and children’s schemes. On balance, it decided not to recommend a further general membership option across the public service as a whole. In the context of the Government’s subsequent consideration and acceptance of the Commission’s Report, no change in policy in relation to the above matter has been authorised or is contemplated and, accordingly, there is no scope for departing from settled public service pensions’ policy in the case of such options.
The Commission did however recommend 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 any one of the following criteria:
(i) where there is no evidence that an option was provided to the public servant in the first place;
(ii) where there is clear medical evidence to demonstrate that the person making the decision not to join the scheme was of sufficiently unsound mind not to appreciate the consequences of their decision; and
(iii) where a member of the original scheme declined to join the revised scheme in circumstances where there would have been no reasonably foreseeable financial consequences for the individual had they opted instead to join the Revised Scheme.
The case referred to by the Deputy was considered in the context of the above limited appeal but unfortunately there is no evidence that it meets any of the above criteria.
With regard to (i) above there is evidence on file that the person in question was given an option in 1977 to join the Original Scheme and was given an option in 1985 to join the Revised Scheme and there are signed option forms demonstrating his choice to actively opt out of joining both schemes.
In respect of (ii) above no medical evidence has been submitted in respect of this, and there is no evidence on file to indicate that this would apply in this case.
In respect of (iii) above, as the person in question was not a member of the Original Scheme this is not applicable.
On the basis of all of the above this case does not meet any of the required criteria and therefore, unfortunately, the widow of the person in question is not eligible for a pension under the Defence Forces Contributory Spouses’ and Children’s Pension Scheme.
