Richard Bruton (Dublin North Central, Fine Gael)
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Question 103: To ask the Minister for Finance his views on modifying Revenue pension rules to allow self-employed people who suffer accidents which prevent them from working to access moneys in their pension funds early; and if he will make a statement on the matter. [12755/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I am advised by the Revenue Commissioners that a self-employed individual making provision for retirement will generally do so by way of contributing to Retirement Annuity Contracts (RACs) and/or Personal Retirement Savings Accounts (PRSAs). The pensions tax legislation already facilitates the inclusion of an ill health early retirement option in these pension products. The relevant legislative provisions are sections 784(3) (b) and 787K(2)(a) of the Taxes Consolidation Act 1997. Specifically, the legislation allows benefits to commence before age 60 where an individual becomes "permanently incapable through infirmity of mind or body of carrying on his or her own occupation or any occupation of a similar nature for which he or she is trained or fitted". In order to access benefits under these provisions the pension administrator must have received medical evidence that the individual satisfies the medical criteria.