Barry Heneghan (Dublin Bay North, Independent)
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1837. To ask the Minister for Employment Affairs and Social Protection if he will review the case of a person (details supplied) whose application for invalidity pension has been repeatedly refused despite medical evidence from their GP advising against their return to work due to ongoing mental health issues; if he will ensure his Department gives due consideration to the medical opinion provided; and if he will make a statement on the matter. [42828/25]

Dara Calleary (Mayo, Fianna Fail)
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Invalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.

My Department received an application for IP from the person concerned on 13 June 2025. Based on the information supplied, it was refused on the grounds that the medical conditions for the scheme were not satisfied. The person referred to was notified on 19 June 2025 of the decision, the reasons for it and of her right of review and/or appeal.

The person in question requested a review of this decision on 29 June 2025 and submitted further medical evidence in support of her claim. Following a review of all this information, it was decided that there were no grounds to amend the earlier decision. They were notified on 21 July 2025 of the outcome of this review and of their right to a further review or to appeal the decision to the Social Welfare Appeals Office. All medical information and opinions were considered in the original decision and during the review process.

This person has since made contact with my Department and has indicated they will be seeking a further review of the decision in their case and will also be lodging an appeal.

Sinéad Gibney (Dublin Rathdown, Social Democrats)
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1838. To ask the Minister for Employment Affairs and Social Protection whether his Department is aware of pension vesting practices for defined-benefit pensions pre-2000 which allow companies to deny employees with fewer than five years’ service their accrued pension rights; whether his Department has any plans to retrospectively protect the effected employees; and if he will make a statement on the matter. [42977/25]

Dara Calleary (Mayo, Fianna Fail)
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The concept of mandatory preservation of pension benefits was first introduced when the Pensions Act 1990 ("1990 Act") was enacted. Prior to the introduction of the 1990 Act, a person with a number of years’ service could, depending on the rules of the scheme, not have had any entitlement to preserved benefits (or ‘vested pension rights’) and pension contributions may, subject to the rules of the particular scheme, have been refunded at the date of termination of their relevant employment.

Section 28 of the 1990 Act, which came into force in 1991, provided for the statutory preservation of benefits for members of all occupational pension schemes who leave relevant employment before normal pensionable age, for any reason, other than death, provided they satisfy certain qualifying conditions. Following commencement of section 28 on 1 January 1991, a member of a scheme whose employment contract was terminated was entitled to a preserved benefit provided the member had completed at least 5 years' qualifying service of which at least 2 such years fell after January 1991.

In order to expand pension coverage and enhance retirement income, section 28 of the 1990 Act was amended, with effect from 1 June 2002, by the Pensions (Amendment) Act 2002 to provide that a person who has completed at least two years qualifying service is entitled to a preserved pension benefit. It should be noted that this provision does not apply retrospectively, i.e. it only applies to members who leave a pension scheme post 1 June 2002. The Pensions (Amendment) Act 2002 implemented the recommendations of the National Pensions Policy Initiative (NPPI) which followed an extensive consultation period with industry and social partners.

Section 28 of the 1990 Act applies to all defined benefit pension schemes that are subject to Part III of the 1990 Act and, consequently, all such schemes must operate in accordance with the preservation rules. If a person did not have an entitlement to a preserved benefit at the time the employment contract is terminated, a refund of employee contributions, if relevant, would have been paid to the former employee.

It is not intended to advance legislative proposals to retrospectively provide for vested pension rights in relation to service prior to 2000 for persons who did not meet qualifying service requirements at the time of leaving the relevant employment. To do so would give rise to considerable legal complexities and place a significant unplanned financial burden on defined benefit schemes and, in some cases, could potentially threaten the solvency of such schemes.