Joan Collins (Dublin South Central, United Left)
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100. To ask the Tánaiste and Minister for Social Protection the status of a pension for a person (details supplied) in Dublin 10. [2915/16]

Joan Burton (Dublin West, Labour)
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Resolution of any funding difficulties in pension schemes is primarily a matter for the scheme trustees, the companies participating in the scheme, the scheme members and the Pensions Authority. In terms of supervision and oversight, the Pensions Act provides the framework for the regulation of occupational pension schemes. The Act requires that trustees of pension schemes carry out the duties imposed on them by all law (including the Pensions Act) including the schemes trust deed and rules. Therefore, the trustees of occupational pension schemes hold overall responsibility for the correct payment of pension benefits and for member communication regarding benefit entitlements (and any change thereof). Accordingly, scheme members with queries should contact their scheme trustees in the first instance.

In order to seek recourse for any perceived breach of entitlement, the nature of any breach must first be identified. Any matters relating to compliance with the provisions of the Pensions Act can be referred to the Pensions Authority for investigation. Complaints appropriate to the Pensions Authority will be investigated by the Authority where there is evidence that a breach of the Pensions Act has occurred and the extent of such a breach.

This responsibility does not extend to the supervision of the trust deed or scheme rules. Remedies exist within trust law for any breach of the trust deed. A breach of the rules of the scheme resulting in a loss for the member would typically be handled by the Pension Ombudsman. Pension schemes are required to establish internal procedures for the resolution of disputes. These procedures must be exhausted before a complaint can be referred to the Pensions Ombudsman for investigation.

In relation to the State pension, to safeguard the sustainability of the pension system in the context of increasing life expectancy, the age at which a State pension may become available was raised from 65 to 66 from January 1st 2014. Whilst the State pension is not available before the age of 66, subject to the normal qualifying criteria, where people leave paid employment prior to reaching State pension age, they are entitled to apply for another social welfare payments (such as a jobseekers payment), which may be available until they become eligible for a State pension.