Written answers
Wednesday, 18 January 2023
Department of Enterprise, Trade and Employment
Pension Provisions
Marian Harkin (Sligo-Leitrim, Independent)
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26. To ask the Minister for Enterprise, Trade and Employment if he will take action to strengthen the rights of retired workers in relation to their occupational pension schemes and issues arising from any proposed changes to these schemes after a worker has retired, in particular, to ensure the ability of these workers to take cases to the Workplace Relations Commission. [63591/22]
Simon Coveney (Cork South Central, Fine Gael)
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No case can be referred to the workplace relations bodies that comes within the remit of the Pension Ombudsman. The role of the Pensions Ombudsman, within the meaning of Part XI (eleven) of the Pensions Act, is 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.
Accrued pension entitlements represent property rights. Pensioners already have available to them a range of recourses to vindicate their pension rights through the offices of the Pensions Authority, the Financial Services and the Pensions Ombudsman.
Pension scheme trustees must act in the best financial interest of allscheme members, whether active, deferred or retired, and must serve all beneficiaries of the scheme impartially. Trustees must always be consulted if a collective agreement refers to a pension matter.
It has already been recognised that there is legitimacy, in time limited circumstances, for retired persons to seek redress from the industrial relations bodies. In 2015, the Industrial Relations Acts were amended with the insertion of section 26A to the 1990 Act. It allows for a retired person access to the IR bodies in a period of 6-month post-retirement for matters arising pre-retirement. This 6-months is either from the date of retirement or the date from when it became known or should have been known, the time frame in which to make a complaint for matters arising post-retirement.
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