Written answers

Wednesday, 7 June 2006

Department of Justice, Equality and Law Reform

Pension Provisions

9:00 pm

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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Question 313: To ask the Minister for Justice, Equality and Law Reform his plans to change pension legislation affecting entitlement for separated and divorced persons who have been dependent on their spouses' pensions while married and face a future without full pension entitlement now that they are no longer with their spouse; and if he will make a statement on the matter. [21600/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I assume the Deputy is referring to occupational pensions and not to the pensions schemes administered by the Department of Social and Family Affairs. The existing legislation as contained in the Family Law Act 1995 and the Family Law (Divorce) Act 1996 enable the courts to make a range of orders for ancillary relief in judicial separation or divorce proceedings. Such relief may include where appropriate the making of a pension adjustment order allocating some or all of a pension of one spouse to the other. As regards separation agreements between the parties, the provisions of the Acts relating to pension adjustments do not apply and I intend to address this issue in a forthcoming Family Law Bill.

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