Dáil Éireann Debate, Wednesday - 1 May 2024
111. Deputy Louise O'Reilly asked the Minister for Transport if he will respect the High Court judgement (details supplied) regarding the CIÉ 1951 scheme; if he will take steps to ensure that the benefits of the 1951 scheme active members will be protected and maintained; and if he will make a statement on the matter. [19673/24]
Amharc ar fhreagra113. Deputy Cathal Crowe asked the Minister for Transport with regard to the recent High Court judgement concerning the CIÉ superannuation scheme 1951 (amendment) scheme 2000, if he will respect the High Court judgment, and outline how he will take steps to ensure that the benefits of 1951 scheme active members will be protected and maintained, and that 1951 scheme pensioners will be awarded their long-awaited pension increase without delay; if he will insist that CIÉ immediately complies with its legal obligations to appoint CIÉ board-nominated members to the statutory CIÉ 1951 scheme pensions committee, pursuant to Rule 12 of the scheme; and if he will make a statement on the matter. [19748/24]
Amharc ar fhreagraI propose to take Questions Nos. 111 and 113 together.
As the Deputy may be aware, the CIÉ Group is actively engaged in introducing changes to their pension schemes aimed at rectifying the significant deficit in order to meet the statutory Minimum Funding Standard (MFS) required by the Pensions Authority. The changes also aim to sustain the pension schemes into the long-term.Regarding the 1951 Scheme, CIÉ has prepared and submitted a draft SI to give effect to Labour Court recommendations for the 1951 Scheme, as passed by ballot of trade union members in May 2021. The Department is still in the process of considering the draft SI in conjunction with NewERA. The Deputy may also be aware that the rules governing the 1951 scheme are currently subject to ongoing legal proceedings before the Commercial Court. The Hearing commenced on 24 May 2022 for 4 days. While original indications were that a judgement would be expected in the Autumn of 2022, the matter was deferred on multiple occasions, with the judgment being delivered on 19 April 2024.
In his judgement, Mr Justice Mark Sanfey found that both CIÉ and the 1951 Scheme members were obliged to provide funding to the pension scheme to resolve any solvency issues. Justice Sanfey instructed both sides to meet to consider and agree what orders should be made on foot of the judgment ahead of a hearing date on 3 May 2024. The Department continues to engage with CIÉ, and advisors in NewERA in relation to this matter.
Concerning pension increases for CIÉ pensioners, I understand that an increase for pensioners would only be possible when the Schemes are capable of sustaining such increases. Furthermore, any such proposal would be dependent on the advice of the Scheme Actuary at the time an increase is proposed, and is done in agreement with the Trustees of the Schemes.Accordingly, I have forwarded the aspect of Deputy's question related to an increase in pension payments for members to CIÉ for direct reply. Please advise my private office if you do not receive a reply within ten working days.
