Written answers
Tuesday, 21 June 2011
Department of Social Protection
Pension Provisions
9:00 pm
Jim Daly (Cork South West, Fine Gael)
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Question 155: To ask the Minister for Social Protection further to Parliamentary Question No. 95 of 9 May 2011 the options available to a person (details supplied) after the Pensions Ombudsman has already made a determination order in their favour to force the company to pay the sum of pension due; and if she will make a statement on the matter. [16561/11]
Joan Burton (Dublin West, Labour)
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Where the party to a dispute or complaint fails or refuses to comply with a Determination of the Pensions Ombudsman, an application can be made to the Circuit Court to make an order directing that party to carry out the determination in accordance with its terms. Enforcement proceedings may be initiated either by one of the parties to the complaint or by the Pensions Ombudsman. In the first instance, the onus is on the party concerned to seek to have the Determination enforced through the courts. The Pensions Ombudsman may apply to the Circuit Court for an order requiring that his Determination be implemented if he is of the opinion that it is appropriate to do so having regard to all the circumstances. A case will have to involve special or unusual circumstances for him to become involved in the enforcement process.
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