Martin Browne (Tipperary, Sinn Fein)
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37. To ask the Minister for Enterprise, Trade and Employment his views on the Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021, which was last debated in Dáil Éireann in June 2021; and if he plans to progress this Bill in the lifetime of the Government. [1537/23]

Simon Coveney (Cork South Central, Fine Gael)
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At the Second Stage debate on the Bill, the Minister of State for Business, Employment and Retail, Damien English TD, outlined this Department's concerns in relation to the proposed Bill.

If a person is in receipt of an occupational pension, their relationship is with the trustees of the pension fund. They no longer have an employment relationship with their former employer. Trustees have statutory and fiduciary duties to act in the best interests of all members of a fund.

It is the responsibility of the Office of the Pensions Ombudsman to act an independent and impartial means of resolving complaints alleging financial loss occasioned by an act of maladministration and disputes of fact or law in relation to occupational pensions schemes and Personal Retirement Savings Accounts.

It is important to note that access to the industrial relations machinery of the State, including access to the Workplace Relations Commission, is governed by Section 23 of the Industrial Relations Act 1990. This legislation provides that a “worker” means any person aged 15 years or over who has entered or works under a contract with an employer. A person in receipt of an occupational pension is not a worker and therefore cannot have a complaint dealt with by the Workplace Relations Commission.

It has already been recognised that there is legitimacy, in time limited circumstances, for retired persons to seek redress from the industrial relations bodies for matters arising pre-retirement. In 2015, the 1990 Industrial Relations Acts were amended with the insertion of section 26A which allows for a retired person to access to Industrial Relations bodies for a period of 6-months post-retirement in such a case.

The Bill is awaiting the sponsoring Deputies to progress the Bill to Committee Stage.