Seanad debates

Tuesday, 23 March 2004

Social Welfare (Miscellaneous Provisions) Bill 2004: Second Stage.

 

3:00 pm

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)

That is not what we are doing.

I will now deal with the matter of redress. Pensions are exceptional in that what we do today affects our future entitlements rather than current or historical ones. Therefore, I have provided in this Bill that where a rule of a scheme is found to be in breach of the equal treatment principle, it will be rendered null and void and the more favourable provisions must be retrospective to December 2003 or July 2003 — the dates from which the directives apply.

It is not appropriate to have any time limit for initiating a claim while a person is still in the employment to which the claim relates. Therefore, the only time limit I have introduced is six months from the date that employment ends. This is consistent with the provisions of domestic pension law and with law stated by the European Court of Justice.

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