Michael McCarthy (Cork South West, Labour)
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To ask the Minister for Social Protection if she will advise on a person's position regarding a pension arrangement (details supplied) in County Cork; if she will explain what will happen if a decision of the Pension's Ombudsman is not complied with in this instance; if a general fund is available to meet claims of this nature if a company or employer is not in a position to do so; and if she will make a statement on the matter. [7844/13]

Joan Burton (Dublin West, Labour)
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In the event of the failure of a party to comply with a determination of the Pensions Ombudsman, the person concerned or the Pensions Ombudsman can apply to the Circuit Court to make an order directing the party against whom the determination is made to carry out the determination in accordance with its terms.

I understand that the company in question is in liquidation and the Pensions Ombudsman was advised that there was no surplus arising after payment of liquidation expenses leaving no funds available for preferential or unsecured creditors. In such circumstances, it seemed pointless and a waste of financial resource to have an enforcement ordered by the courts, and for that reason the Pensions Ombudsman did not do so. There is no general fund available for cases of this type. However, the Construction Employees Benevolent Fund was established in 1985 and is registered as a charitable trust. This may be helpful to the person concerned as the aim of the Fund is to help relieve financial distress or hardship of individuals and their dependants, working on or formerly engaged in, the construction industry. All claims are dealt with in the strictest confidence.