Pat Rabbitte (Dublin South West, Labour)
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Question 154: To ask the Minister for Health and Children if she will sanction the payment of a gratuity allowance under Article 109 of the local government superannuation scheme to a person (details supplied) in County Meath; and if she will make a statement on the matter. [7627/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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As the Deputy may be aware, Part 3 of the Pensions (Amendment) Act, 2002 and the Pensions Ombudsman Regulations, 2003, established the Office of the Pensions Ombudsman and provided for the establishment of procedures for internal resolution of disputes in relation to pensions. This legislation also provides for the investigation and determination by the Pensions Ombudsman of complaints and disputes which are not resolved at the internal review stage.

The claim for a Gratuity / Allowance under Article 109 of the Local Government Superannuation Scheme was refused in this instance under the internal review process carried out by the Health Service Executive. Subsequently the complaint was referred to the Pensions Ombudsman for investigation. The Pensions Ombudsman made a final determination that the complaint be disallowed. The Pension's Ombudsman is the final arbiter in cases of disputes on pension issues.