Tipperary TD highlights inequalities in pension access for same sex couples

Tipperary TD Martin Browne presented a petition to an Oireachtas Committee on Thursday which he said made obvious that there is a "clear gap in fair access" to pensions entitlement for same-sex couples.

In September 2023, the petitioner, Mr Frank Moran, applied to be reinstated in the "original" spouses' and children's contributory pensions scheme.

However, on 4 June, he was informed that his application had been refused because his civil partnership had not taken place before 1 January 2014, as required by the Pensions Act 1990.

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Deputy Martin Browne said it was clear from speaking to Mr Moran when he appeared before an Oireachtas committee on 3 October that there is a “noticeable gap” in equal access to benefits.

Mr Moran said that the relevant section of the Pensions Act is “fatally flawed, discriminatory, unreasonable, unconstitutional and offensive".

In 2018, updates to the Act aimed to remove barriers that had previously existed, ensuring that same-sex couples could be recognized as beneficiaries in occupational pension schemes on the same basis as heterosexual couples.

Mr James Dorrian, of the National Pension Helpline, explained that there have been several changes to pension legislation over the years to address various issues.

“These changes include the requirement for pension schemes to adopt a risk management framework and stronger disclosure requirements, introduced in the Social Welfare and Pensions Act 2014,” said Mr Dorrian.

“Updates to the Pensions Act in 2018 focused on the rights of same-sex couples, amending Part VIIA of the Act to ensure that same-sex couples have equal rights in occupational pension schemes, particularly regarding survivor benefits.”

“The section which Mr Moran described as discriminatory, states: ‘'that the member married or entered into a civil partnership with that person, within 36 months of the coming into operation of the Marriage Act 2015 (“the Act of 2015) or the Civil Partnership and Certain Rights and Obligation of Cohabitants Act 2010 (“the Act of 2010”)’,” said Mr Dorrian.

Deputy Martin Browne assured Mr Moran that they would do everything possible to assist him.

He said that they have written to the Minister for a response and plan to consult the Library and Research. They are currently waiting for a reply from the Department of Social Protection.

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