Richard Bruton (Dublin North Central, Fine Gael)
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Question 254: To ask the Minister for Enterprise, Trade and Employment when a worker switches from full-time to part-time working, if pension contributions for full-time years confer extra benefits if the person retires with only part-time earnings; and his views on legal changes to allow more flexible work patterns without eroding pension rights. [10600/07]

Tony Killeen (Clare, Fianna Fail)
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The Protection of Employees (Part-Time Work) Act 2001 provides, inter alia, that a part-time employee, who works at least 20% of the normal hours of a comparable full-time employee, shall not be treated less favourably on a pro-rata basis than that comparable full-time employee in respect of pensions.

In order to invoke the anti-discrimination provisions in the Act, the part-time employee must find a full-time comparator with (a) the same or associated employer or, (b) where (a) does not apply, as specified in a collective agreement or, (c) where neither (a) nor (b) applies, in the same sector or industry. In the case of (a) and (c) above, the part-time employee and the comparable full-time employee, must perform the same work or similar work or work of greater or equal value.

Under the 2001 Act, an employer may treat a part-time employee less favourably than a comparable full-time employee, if he or she has objective grounds for doing so. Under the Act, a ground shall not be regarded as an objective ground, unless it is based on considerations other than the status of the employee concerned as a part-time employee, and the less favourable treatment which it involves for that employee, is for the purpose of achieving a legitimate objective of the employer, and such treatment is appropriate and necessary for that purpose.

In light of the foregoing I would suggest to the Deputy that existing statutory provisions in this area do provide an appropriate pension provision for persons engaged in part-time working. Accordingly, I have no plans, at this time, for a change in legislation in this area.