Written answers

Tuesday, 9 October 2018

Department of Employment Affairs and Social Protection

Pension Provisions

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail)
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488. To ask the Minister for Employment Affairs and Social Protection her plans to review the policy which excludes Irish citizens from building up class A contributions while working in the European Patent Office despite other Irish citizens in other European institutions being able to do so; her further plans to extend this allowance to the European Patent Office; and if she will make a statement on the matter. [40904/18]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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The issues raised by the Deputy relate to a ruling of the Court of Justice of the European Union in the Gardellacase (Case C-233/12). This is a complicated ruling and its implications are being considered by the various Member States.

The position remains as set out in the reply provided in response to your previous question. The complexity of the Court of Justice ruling on the impact of employments with an international organisation when calculating entitlement to social security old age pensions, requires extensive examination.

I understand that this case, which has implications for all Member States was discussed at the most recent meeting of the Administrative Commission For The Co-ordination of Social Security Systems in Brussels on 4th October 2018. The discussion was on the practical issues concerning the implementation of the Gardella ruling.

It is not possible at this stage to determine the outcome of the ongoing discussions. As previously indicated I will be in contact with the Deputy on resolution of this matter.


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