Clare Daly (Dublin Fingal, Independent)
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145. To ask the Minister for Social Protection to establish the necessary mechanisms such that LGBT employees and pensioners who were never given the opportunity to leave a survivor pension to their same-sex spouse be given an opportunity to do so now. [17378/16]

Leo Varadkar (Dublin West, Fine Gael)
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Under the provisions of the Pensions Act, persons in civil partnerships, in same sex marriages or in opposite sex marriages are treated equally. Broadly speaking, pension scheme rules may provide

1. That spousal pension benefits will be paid where the member is married at the point of retirement;

2. That spousal pension benefits will be paid where the member is married at the point of death;

Under 1, where a same sex couple marry subsequent to the member's retirement, no pension would be payable. This also applies to an opposite sex couple, so there would not appear to be a breach of the principle of equal pensions treatment.

Under 2, where a same sex couple marry subsequent to retirement, but before the member's death, a spousal pension would be payable. This would also be the case for a same sex couple.

Any changes to pension scheme rules would be required to apply equally to persons in civil partnerships, in same sex marriages or in opposite sex marriages.

I hope this clarifies the matter for the Deputy.

Clare Daly (Dublin Fingal, Independent)
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146. To ask the Minister for Social Protection to amend section 81 of the Pensions Act 1990, which prevents LGBT pensioners who have been retired for more than one year from challenging the refusal of a pension in the Equality Tribunal, to bring it into line with the requirements of European Law. [17379/16]

Leo Varadkar (Dublin West, Fine Gael)
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It should be noted that under the provisions of the Pensions Act persons in civil partnerships, in same sex marriages or in opposite sex marriages are treated equally. The principle of equal pension treatment is that there shall be no discrimination on any of the discriminatory grounds in respect of any rule of a scheme compared to other members of prospective members of that scheme. Broadly speaking, pension scheme rules may provide that -

1. spousal pension benefits will be paid where the member is married at the point of retirement;

2. spousal pension benefits will be paid where the member is married at the point of death;

Under 1, where a same sex couple marry subsequent to the member's retirement, no pension would be payable. This also applies to an opposite sex couple, so there would not appear to be a breach of the principle of equal pensions treatment.

Under 2, where a same sex couple marry subsequent to retirement, but before the member's death, a spousal pension would be payable. This would also be the case for a same sex couple. Any changes to pension scheme rules would be required to apply equally to persons in civil partnerships, in same sex marriages or in opposite sex marriages.

Section 81E of the Pensions Act 1990 refers to the forum for seeking redress in relation to equal pension treatment in occupational benefits schemes. The change requested to the Pensions Act 1990 is intended to extend the period during which a claim for redress may be made to the Equality Tribunal – now the Workplace Relations Commission – in respect of certain pension claims. As section 81E of the Pensions Act currently provides 6 months from the date of termination of employment for the submission of a claim for redress, and scope to extend this to 12 months where there is reasonable cause, I do not intend to bring forward any changes to the legislation at this time.