Bríd Smith (Dublin South Central, People Before Profit Alliance)
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165. To ask the Minister for Employment Affairs and Social Protection if representatives of retired staff can be excluded from discussions around the resolution of actuarial deficits and the governance structure of their schemes in relation to the operation of minimum funding standards in occupational pensions schemes and the functioning of the Pension Authority; if retired staff associations can make submissions to her or the Pensions Authority in relation to minimum funding standards; and if she will make a statement on the matter. [32216/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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All dealings and decisions made by corporate or individual trustees of an occupational pension scheme are governed by legislation and enforced through the supervision of the Pensions Authority, including matters in relation to representation and arbitration for pensioner members of schemes.

The duties of a pension scheme trustee include administering a scheme in trust in accordance with the law and the terms of the trust deed and rules of the scheme. Consequently, any decision made by corporate or individual trustees of an occupational pension scheme are governed by the relevant legislation and rules set out in the trust deed and the rules of the particular scheme. Trustees of pension schemes must act in the best financial interests of the scheme members, whether active, deferred or retired, and must serve all beneficiaries of the scheme impartially. If there is a conflict of interest then a person’s duty as a trustee must take precedence over other interests.

Measures were introduced in 2015 to facilitate engagement between the trustees of a pension scheme and groups representing the interests of pensioner and deferred scheme members. Changes to guidance issued by the Pensions Authority require the trustees of a pension scheme to notify groups representing the interest of scheme members of proposals to issue a direction under section 50 of the Pensions Act to restructure scheme benefits. This affords the representative group an opportunity to make a submission to the trustees of a pension scheme in relation to proposals to restructure scheme benefits in advance of any proposed change taking effect.

These changes facilitate engagement between groups representing the interests of pensioner and deferred scheme members, the Pensions Authority and the trustees of a pension scheme. Groups representing the interests of pensioners and deferred scheme members have a right to appeal a section 50 direction by the Pensions Authority to the High Court on a point of law.

More generally, there is no impediment to scheme members, or a representative group for such scheme members, from communicating to the trustees of a scheme in respect of matters pertaining to that scheme. In addition, any scheme members, or their representative groups, can make submissions to my Department in respect of the funding standard. Any such persons wishing to engage with, or make a submission to, the Pensions Authority should contact that office directly.

I trust this clarifies matters for the Deputy.

Bríd Smith (Dublin South Central, People Before Profit Alliance)
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166. To ask the Minister for Employment Affairs and Social Protection if her attention has been drawn to changes made to the selection process for members of the ESB pension scheme board of trustees and specifically that this new process now acts to exclude retired staff members who are active members of their own representative associations; if such an attempt to exclude potential trustees is in line with current legislation; if she will request the Pensions Authority to investigate this process; and if she will make a statement on the matter. [32217/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Deputy will appreciate that I am unable to comment or intervene on issues relating to a particular pension scheme.Issues in relation to the ESB pension scheme are primarily a matter for the trustees of the scheme and the ESB Group. Matters directly related to the ESB Group come under the remit of the Minister for Environment, Climate and Communications.

The Pensions Authority is the regulatory body charged with the supervision of pension schemes in Ireland and has the necessary powers under statute to investigate the conduct of a pension scheme should it become aware that a scheme is not in compliance with the provisions of the Pensions Act.

Where a pension scheme member is of the view that scheme is not in compliance with legislative requirements it is open to that member to make a formal complaint to the Pensions Authority.

I trust this clarifies matters for the Deputy.