Paul McAuliffe (Dublin North-West, Fianna Fail)
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157. To ask the Minister for Employment Affairs and Social Protection if he intends to make provision for enhanced representation of retired workers in relation to the administration of certain pension schemes, to enable the right of such organisations to be consulted through The Pensions Authority for retired workers payments; and if he will make a statement on the matter. [62215/25]

Dara Calleary (Mayo, Fianna Fail)
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Any questions relating to access to the State's industrial relations machinery are a matter for the Minister for Enterprise, Tourism and Employment.

Pension scheme trustees have duties and responsibilities under the Pension Act 1990, as amended, under trust law and under other relevant legislation. The duties of pension scheme trustees include administering the scheme in accordance with the law and the terms of the trust deed and scheme rules as well as ensuring compliance with the requirements that apply to these schemes. Trustees must act in the best financial interests of all 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 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 by the trustees of a defined benefit pension scheme 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.

These changes facilitate engagement between groups representing the interests of pensioner and deferred scheme members and the Pension 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.

The Pensions Authority is the regulatory body charged with the supervision of pension schemes 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 the scheme is not in compliance with legislative requirements the scheme member may make a formal complaint to the Pensions Authority.

I hope this clarifies the matter for the Deputy.