Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 141: To ask the Minister for Finance his plans to return pension rights to women forced out of the public service due to the marriage ban; and if he will make a statement on the matter. [6952/07]

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Deputy will be aware that I have primary responsibility for Civil Service pensions. The position is that, prior to 31 July 1973, the law required female employees to resign on marriage. In such cases, employees under pension age who had at least five years service (six years in the case of resignations prior to 1 January 1968) qualified for marriage gratuities of 1/12th of salary per year of service, subject to a maximum of one year's salary.

The "Marriage bar" was removed in 1973. Various initiatives, providing for reinstatement, in certain circumstances, of persons who had resigned on account of the "Marriage bar" were then introduced by my predecessors. These initiatives were formally removed in 1996 following a successful challenge, before the Labour Court, that they discriminated in favour of a particular category of women.

From a pensions point of view, it must be noted persons who were obliged to resign in such circumstances received a "marriage gratuity" in lieu of pension entitlement. To reinforce this point; a person who had received a "marriage gratuity" and who is subsequently re-employed in the public service, must repay the gratuity, with compound interest, if they wish their former service to be considered for pension purposes. Further, it should be noted, that prior to 1973 and the introduction of the preservation of pension rights, officers resigning from the civil service before reaching the minimum retirement age, other than on foot of the "Marriage bar", had no entitlement to a pension or any payment in lieu of pension.

There is no doubt, in regard to general policy and practice, that the application of the "Marriage Bar", which operated up to 1973 would not be acceptable in modern times or to modern thinking. However, at that time, the practice was generally accepted and the principle and approach fitted in with prevailing social thinking. I have no plans to change the Superannuation Acts to provide pensions for officers who resigned on marriage before 1973. I would point out that any such change would, inter alia, have wide ramifications and major cost implications in relation to employees who left the public service before the introduction of preserved pension entitlements.