Michael McGrath (Cork South Central, Fianna Fail)
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Question 135: To ask the Minister for Finance if he will respond to an issue raised in correspondence (details supplied) regarding budget proposals. [47706/10]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The issue raised is the payment from public service pension schemes of transfer amounts to beneficiaries of Pension Adjustment Orders (PAOs) granted under the Family Law Acts. The Family Law Acts are the responsibility of the Minister for Justice and Law Reform and any regulations made under those Acts are the responsibility of the Minister for Social Protection. The Acts provide that, in certain prescribed circumstances, payment under the orders must be made in the form of transfer amounts calculated on an actuarial basis. Civil and public service schemes are subject to the legislation in the same way as are pension schemes in the private sector and must pay transfer amounts when obliged to do so. A transfer amount will reflect the pension, which may be reduced as appropriate, at that time.