Committee Reports > List of Committees > Joint > 1986 > Committee on the Secondary Legislation of the European Communities (4th Committee) > Report No. 35 - Statutory Instruments [19]

APPENDIX 3

Re: European Communities (Employment Equality) Regulations, 1985.

[S.I. No. 331 of 1985.]

Department of Justice

Mr. S. Phelan

Clerk

Joint Committee on Secondary Legislation

of the European Communities

Leinster House

Dublin 2

A Chara,

I am directed by the Minister for Justice to refer to your Committee’s minute of 26 November, 1985, addressed to the Department of Labour, which was forwarded to this Department on the question of the repeal of any existing relevant Regulations under the various Acts specified in paragraph 17B(1) of Regulation 5 of above Regulations.

I am to enclose herewith a list of Garda Siochana Pensions Orders which differentiate between men and women in relation to Garda Pensions, and the steps which are being applied on an administrative basis to eliminate the inequality pending the making of the necessary statutory orders.

Copies of the relevant orders are also enclosed.

________________________

R. O’Driscoll

9 September, 1986.

Period of service required for entitlement to superannuation benefits

Article 3 of the Garda Siochana Pensions Order, 1965 (S.I. No. 149 of 1965) provides for retirement with entitlement to superannuation benefits in the case of female members of the Force on attaining the age of 50, having completed 25 years approved service, as compared with the 30 years approved service required in the case of male members of the Force under the terms of Article 4(4) of the Garda Siochana Pensions Order, 1925 (S.I. No. 63 of 1925). However, superannuation entitlements on retirement after only 25 years approved service would not be at the maximum rate.

The elimination of the discrimination in the Pensions Orders in this respect has been catered for under agreed recommendations of the Garda Conciliation Council and the Minister for the Public Service has approved the following revised superannuation conditions for all members of the Force up to the rank of Chief Superintendent:-

(a)All recruits male and female, appointed after 14 June, 1983, must have attained age 50 and completed 30 years approved service in order to retire with entitlement to superannuation benefits (other than preserved benefits).

(b)Members, male and female, serving on 14 June, 1983, were given the option of whether they wished to retire with entitlement to superannuation benefits, having attained the age of 50, on completion of 25 years approved service or on completion of 30 years approved service. (Higher superannuation contributions apply in the case of those members who opted for retirement after 25 years service).

These revised superannuation conditions are being applied administratively pending the making of the necessary statutory amendments to the Pensions Orders.

Marriage Gratuities payable to Banghardai

Article 4 of the Garda Siochana Pensions Order, 1965 (S.I. No. 149 of 1965) as amended by Article 4 of the 1969 Orders (S.I. No. 136 of 1969) provides for the payment of marriage gratuities to female members of the Garda Siochana following retirement. Following the removal of the marriage bar - Garda Siochana (Retirement) (No. 2) Regulations, 1958 (Revocation) Regulations, 1974 (S.I. No. 8 of 1974) - conditions relating to the payment of marriage gratuities, similar to those in the Civil Service, were extended to the Garda Siochana. Female members recruited to the Force from a competition advertised after 1 March, 1974 are no longer eligible for marriage gratuities. The conditions are being applied administratively pending the making of the necessary statutory amendments to the Pensions Orders.

Spouses’ and Children’s Pension Scheme

The Garda Siochana Pensions Order, 1981 (S.I. No. 199 of 1981) put on a statutory basis the provisions of the original Garda Siochana Widows’ and Children’s Contributory Pension Scheme which provides pensions for widows and children of certain members of the Force serving on or after 23 July, 1968. Under an agreed recommendation of the Garda Conciliation Council, this Scheme was extended to female members of the Force serving, or who commenced serving at any time between 1 March, 1980 and 30 June, 1984 (inclusive), thus making it a Spouses’ and Children’s Scheme.

The Scheme as extended to female members of the Force is being applied administratively with the approval of the Department of the Public Service, pending the making of the necessary statutory amendments to the Pensions Orders.

List of relevant Statutory Instruments

1.Garda Siochana (Retirement) (No. 2) Regulations, 1958 (Revocation) Regulations, 1974.

[S.I. No. 8 of 1974]

2.Garda Siochana Pensions Order, 1981.

[S.I. No. 199 of 1981]

3.Garda Siochana Pensions Order, 1965.

[S.I. No. 149 of 1965]

4.Garda Siochana Pensions Order, 1969.

[S.I. No. 136 of 1969]

5.Garda Siochana (Retirement) (No. 2) Regulations, 1958.

[S.I. No. 177 of 1958]