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).