Occupational social security schemes (Chapter 2 of Directive 2006/54)
Author | Frances Meenan |
Pages | 57-59 |
57
6Occupational social security schemes (Chapter 2 of Directive 2006/54)
6.1General (legal) context
6.1.1Surveys and reports on the practical difficulties linked to occupational and/or
statutory social security issues
There are approximately 160 000 pensions schemes in Ireland; they may be defined
benefit or defined contribution schemes. Just 35 % of the private sector workforce have
pension schemes. The provision of a pension scheme in the private sector is not
compulsory. In many employments where there are pension schemes, membership of the
scheme may or may not be compulsory. The Irish Government has published a roadmap
for pensions 2018 to 2023 which proposed to introduce auto-enrolment in pensions for
employees.210 The other key development is the extension of the retirement age in the
public service to 70 years. There have been no key developments other than, given the
gender pay gap, there is also a pension gap for women.211 It is noted that there are
significant policy challenges:
‘not least to ameliorate old age pension pressures on public finances by bringing
many more employees and self-employed persons into the world of pension
provision, by auto-enrolment or otherwise’.212
There are a significant number of underfunded defined benefit schemes in many
employments.
6.1.2Other issues related to gender equality and social security
The key area is that there is also a pension gap for women.213
6.1.3Political and societal debate and pending legislative proposals
There have been no key developments other than that, given the gender pay gap, there
is also a pension gap for women.214The Government proposed by 2023 to introduce a
system of auto-enrolment in pension schemes for those who are not members of such a
scheme.
6.2Direct and indirect discrimination
The key legislation in Ireland on pensions is the Pensions Act 1990 (as amended).215 There
has been little litigation in Ireland in relation to gender equality and pension schemes, as
Ireland has never had different retirement ages in respect of employment. There have
never been different state retirement ages, either, and this obviously resulted in the same
retirement ages in pensionable employment.
The prohibition of discrimination is laid down in Part VII of the Pensions Act 2004
(contained in Section 22 of the Social Welfare (Miscellaneous Provisions) Act 2004). It
210https://www.welfare.ie/en/pressoffice/pdf/PensionsRoadmap.pdf.
211 See commentary based on the combined sixth and seventh report to the UN Committee. Ireland acceded to
the Convention in 1985. https://www.ihrec.ie/app/uploads/2017/02/Ireland-and-the-Convention-on-the-
Elimation-of-All-Forms-of-Discrimination-Against-Women.pdf.
212Murphy, F., ‘Financial Services Law in Ireland’ (2018) Round Hall (chapter 55) at para. 55.14.
213 See commentary based on the combined sixth and seventh report to the UN Committee. Ireland acceded to
the Convention in 1985. https://www.ihrec.ie/app/uploads/2017/02/Ireland-and-the-Convention-on-the-
Elimation-of-All-Forms-of-Discrimination-Against-Women.pdf.
214 See commentary based on the combined sixth and seventh report to the UN Committee. Ireland acceded to
the Convention in 1985. https://www.ihrec.ie/app/uploads/2017/02/Ireland-and-the-Convention-on-the-
Elimation-of-All-Forms-of-Discrimination-Against-Women.pdf.
215For an overview of the regulations of pensions, see Murphy, F., ‘Financial Services Law in Ireland’ (2018)
Round Hall (chapter 55).
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