Dominic Hannigan (Meath East, Labour)
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330. To ask the Minister for Public Expenditure and Reform if he has examined the possibility of reviewing the civil partnership legislation to ensure that civil servants who retired before 2011 who are now in a civil partnership have the ability to claim a pension right for their partner if they retired prior to the legislation being enacted and thus were unable to enter a partnership with their partner; and if he will make a statement on the matter. [30992/14]

John Lyons (Dublin North West, Labour)
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335. To ask the Minister for Public Expenditure and Reform if his attention has been drawn to the current problems facing civil partners of former civil servants, who retired previous to the enactment of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, in receiving pension benefits as a result of Sections 81E (5) and (6) of the Pensions Act 1990 as amended by the Social Welfare (Misc. Provisions) Act 2004, which provides for a maximum of 12 months to seek redress for perceived unfair pension decisions; if he will amend the legislation to be in line with the UK's provision on the matter; and if he will make a statement on the matter. [30991/14]

Brendan Howlin (Wexford, Labour)
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I propose to take Questions Nos. 330 and 335 together.

As provided for in Section 99 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, all Public Service Pension Schemes now provide equal pension provisions to surviving spouses and civil partners. 

With regard to comparison to UK legislation, it is understood that the UK's Equality Act 2010 enables restrictions to access to a benefit in relation to rights accrued before 5 December 2005. The effect of this is that where an occupational pension scheme provides survivors' benefits to married couples, it must also provide them to surviving civil partners but is only required to do so in respect of service from 5 December 2005. This is a considerably reduced benefit than that available under the Irish legislation. 

The pensions of persons retiring from the Civil Service are generally covered under one of two schemes.  The more recent, the "Revised" Spouses' and Children's Superannuation Scheme applies to persons appointed on or after 1^stSeptember 1984. This Scheme provides for benefits to a surviving spouse or civil partner including where the marriage/civil partnership takes place after retirement. Civil Servants who were appointed on or before 31^stAugust 1984 are members of what is termed the "Original" Spouses' and Children's Superannuation Scheme which does not permit benefits to be payable to a surviving spouse or civil partner where the marriage or civil partnership takes place after retirement.  Civil servants then serving were given an option in 1984 to become members of the Revised Scheme, and many did at that time.  Others chose not to, and therefore retained a right to a refund of their contributions to the Original Spouses' and Children's Scheme on retirement which is not available under the Revised Scheme. 

Last year officials of my Department were asked to give consideration to the implications of a decision to permit those current and former civil servants who were serving in August 1984 and are now in civil partnerships a further option of opting into the Revised Scheme, if they chose not to in 1984.  I am advised that, given the background of changing legislation over the years, including the introduction of divorce, and to avoid a charge of discrimination, this option could not of course be limited to those entering civil partnerships.  It would therefore have to be made available to all relevant serving and former civil servants (and public servants in a similar position). In the circumstances I am advised that allowing for this option could likely accrue a substantial additional cost to the existing accrued liability of public service pensions. 

As a consequence I do not intend to bring forward proposals to facilitate serving and former civil servants (appointed prior to 1^stSeptember 1984) and who exercised the option in 1984 not to join the Revised Spouses' and Children's Superannuation Scheme to revisit that option.