Written answers

Tuesday, 8 July 2014

Department of Social Protection

Pensions Legislation

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)
Link to this: Individually | In context | Oireachtas source

413. To ask the Minister for Social Protection if she will confirm that before deciding to support the conclusion by the chairperson of the Pensions Board that a complaint of failure by the trustees to comply with the law, trust deed and rules when amending the benefit structure of active pensioners does not fall within the board's remit and her accusation that the complainant made very serious allegations against a number of parties, including the Pensions Board (details supplied), her Department obtained a written report detailing the criteria applied and reasons for the chairperson's conclusion as well as details of and justification for the very serious allegations she has accused the complainant of making; and if she will provide this information to the complainant as the chairperson, in breach of her statutory obligation under freedom of information legislation, has refused to do so. [29654/14]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)
Link to this: Individually | In context | Oireachtas source

414. To ask the Minister for Social Protection further to Parliamentary Question Nos. 336 and 337 of 10 June and Question No. 94 of 18 June 2014, where she responded as if she has been asked to comment on issues arising in a particular pension scheme, if she will acknowledge that the issues raised with her Department refer solely to the Pensions Authority not complying with its statutory obligation under the Pensions Act to ensure scheme trustees carry out the duties imposed on them by law including the Pensions Act and the ineffective oversight of the Pensions Authority by her Department which has resulted in the undermining of the statutory regulation of pension schemes falling within the remit of the Pensions Authority. [29655/14]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 413 and 414 together.

The remit of the Pensions Authority is determined by the provisions in the Pensions Act. Its remit does not extend to the supervision of the trust deed and rules of a pension scheme. It is not within the remit of the Pensions Authority to ensure that the trustees of a pension scheme carry out the duties imposed on them by law other than the duties set out for the trustees in the Pensions Act.

It should be noted that the benefits of a pension can be restructured under the provisions of the Pensions Act or can be restructured under the rules of the scheme and without reference to any provisions or requirements of the Pensions Act. If the benefits of a scheme are restructured without reference to the provisions in the Pensions Act then any such adjustment of scheme benefits would not come within the remit of the Pensions Authority.

The matters raised by the complainant have been considered at the highest level both within the Pensions Authority and within the Department and unfortunately the outcome has not been to the satisfaction of the complainant. The Pensions Authority does not have the power to enforce the statutory provisions which established the scheme and the complainant will have to seek relief elsewhere.

If it is considered that a pension is not being paid in accordance with the rules of a pension scheme, the person concerned can invoke the dispute resolution procedures which the scheme is obliged to operate and if they are still dissatisfied, they can bring the complaint to the Pensions Ombudsman. You may also wish to note that the Pensions Authority came under the remit of the Ombudsman (not the Pensions Ombudsman), who deals with customers who feel they may have been unfairly treated by public bodies.

Comments

No comments

Log in or join to post a public comment.