Colm Burke (Cork North-Central, Fine Gael)
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286. To ask the Minister for Employment Affairs and Social Protection to confirm that consideration will be given to amending the rules surrounding pension entitlements so that women who had to leave work due to marriage could qualify for a pension in their own right regardless of their husband’s means (details supplied); and if he will make a statement on the matter. [21995/25]

Dara Calleary (Mayo, Fianna Fail)
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The marriage bar was a legal requirement for women in the Irish civil service and some areas of the public service to retire from employment after marriage. While the legislation applied only to the civil and public sector, a similar policy was adopted by other sectors, such as the banking sector. The marriage bar for civil servants was removed from legislation in 1973.

Civil and public servants, including those who worked in our public health service, recruited prior to April 1995, typically paid a modified rate of PRSI returned as Class B or Class D. These classes of social insurance do not provide entitlement to the State Pension (Contributory). Accordingly, had those people continued working as a civil or public servant, regardless of gender and marital status, they would not have been entitled to the State Pension (Contributory). There are no plans to allow social insurance contributions paid at the modified Class B or D rates be reckonable for the State Pension (Contributory).

Provisions exist for the award of a mixed insurance pro-rata State pension, where a person has substantial periods of PRSI coverage that are not reckonable for State Pension (Contributory) purposes (i.e. modified contributions). In order to qualify for a pro rata pension, a person must have a minimum of 260 full-rate paid contributions since their entry into insurance.

Matters relating to the pension entitlements for civil and public servants recruited prior to April 1995 are a matter for my colleague the Minister for Public Expenditure, NDP Delivery and Reform.

Finally, the situation remains unchanged where a person reaches State Pension age and does not satisfy the conditions to qualify for State Pension (Contributory) or qualifies for less than the maximum rate, they may instead qualify for one of the following:

• The means-tested State Pension (Non-Contributory) which is a means-tested payment (based on their share of household means) with a maximum payment of 95% of the State Pension (Contributory). This is a means-tested social assistance payment for people aged 66 and over, habitually residing in the State. As with all other social assistance schemes, payments are based on an income need. The means test used plays a critical role in ensuring that the recipient has a verifiable income need and that resources are targeted to those who need them most.; or
• An increase for a qualified adult (IQA) (based on their own means), amounting up to 90% of a full rate State Pension (Contributory) where their spouse has a contributory pension; or
• Where their spouse/civil partner is deceased, a widow's/widower's/civil partner's contributory pension, which they may claim either based on their spouse's or their own social insurance record. The qualifying conditions for this require fewer contributions paid (260) than the SPC for the maximum personal rate for those aged 66 or over.This combination of both the Contributory, Non-Contributory (social assistance) State pensions and IQA means that no person with a viable income need falls outside these schemes.Any future changes to State Pension system would have to be considered in an overall policy and budgetary context and also in the context of the sustainability of the Social Insurance Fund.