Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I will stick rigidly to the script because it is an area I am not familiar with. As the Senator is aware, I am taking this Commencement Matter on behalf of the Minister for Justice and Equality. I will not be making any comment other than what is contained in the written reply but I am sure the Senator's remarks will be duly noted.

On behalf of the Minister for Justice and Equality, who unfortunately cannot be here, I thank the Senator for raising this matter. The issue was addressed in this House by the Minister's predecessor in April 2012 but I am happy on her behalf to set out the position to the Senator. The terms and conditions of pension schemes have evolved over the years and continue to do so. New terms and conditions are introduced with effect from a specific date and apply to members of the scheme from that date onwards. Prior to 1 October 1976, where a member of the Garda Síochána resigned or was dismissed before reaching the age and service at which he could retire on pension, that member forfeited all superannuation benefits under the then Garda Síochána superannuation scheme. This situation was changed following discussions at the Garda Conciliation Council, the industrial relations machinery for members of the Garda Síochána. It was agreed at that time by both sides - the official side and the Garda representative associations - and endorsed by the then Minister for Finance that the new arrangements should apply to members of the force serving on or after 1 October 1976. By extension, these new terms did not and cannot apply to members who had left the force prior to that date. These discussions concluded in what are known as agreed reports. Generally speaking, these agreed reports provide that a garda who resigned or was dismissed on or after 1 October 1976 can have the superannuation benefits that had accrued to the date of resignation or dismissal preserved until they reached 60 years of age. There was no provision for the preservation of superannuation benefits in the case of members who resigned or were dismissed prior to 1 October 1976.

The then Department of Finance, and now Department of Public Expenditure and Reform, which continues to have overall responsibility for public service pension matters, agreed with the proposals for a cut-off date for eligibility for preserved benefits. This date varies depending on the particular organisation involved and the conclusion of negotiations between management and the relevant staff interests. The cut-off date for civil servants was agreed by all parties to be 1 June 1973 and the cut-off date for members of the Garda Síochána was agreed by all parties to be 1 October 1976. I must stress that this was an agreed date between all of the parties involved in the discussions and was not imposed. It is an inevitable consequence of the introduction of improvements in pension schemes that members of that scheme who had left it prior to the effective date cannot avail of that benefit.