Eamon Gilmore (Dún Laoghaire, Labour)
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Question 157: To ask the Minister for Social and Family Affairs if her attention has been drawn to the continuing problems experienced by former workers of Tara mines in relation to their pensions; and the steps she has taken to address these difficulties. [39507/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Representatives of Tara Mines Disabled Workers and Pensioners Association have been in touch with the Department over a number of years in relation to the operation of the Tara Mines scheme. The issues raised are multifaceted and include the interaction of the pension scheme with the associated income continuance plan, the employment status of disabled miners and, more recently, the election of trustees to the pension scheme.

Many of the issues raised which can impinge on a person's pension entitlements, are often not matters which come within the scope of the Pensions Act, and are therefore outside the remit of my Department and the Pensions Board.

A particular issue which is often raised is the issue of income continuance plans. These plans are designed to maintain the income of a disabled worker until he/she reaches normal pension age. However, the income continuance plans is confused with the occupational pension plans despite the fact that are totally separate in their legal structure, status and operations. Such income continuance plans are, in fact, insurance policies and they come within the remit of the Financial Regulator.

The Pensions Board has looked at the complaints raised in so far as they relate to the operation of the pension scheme, and found that the scheme was being operated in accordance with the rules. It also assisted with an independent examination of the plan by nominating a Senior Counsel to be appointed by Tara Mines to undertake a review of the overall pensions plan, the income continuance plan and its underlying insurance policy, and any general employment and contract law entitlement arising. Again it was found that the schemes were operating in accordance with the rules.

Representatives of the group in question have met my predecessors on a number of occasions and, indeed, I met them recently myself to discuss the situation. At this stage, I think it is clear that whatever remaining issues exist do not come within the remit of the Department or the Pensions Board. Nevertheless, officials of the Department will shortly meet with those concerned to discuss outstanding issues.