Occupational social security schemes (Chapter 2 of Directive 2006/54)

• Author: Frances Meenan
• Pages: 57-59

57

6 Occupational social security schemes (Chapter 2 of Directiv e 2006/54)

6.1 General (legal) context

6.1.1 Surveys 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 d efined 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 ma y 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 Th e other key development is the exten sion of the retirement age in the

public service to 70 years. There have been no key d evelopments other than, giv en the

gender pay gap, there is also a pension gap for women.211 It is noted that there a re

significant policy challenges:

‘not least to ameliorate old age pension pressures on public finances by bringing

many more empl oyees and self -employed persons into the world of pension

provision, by auto-enrolment or otherwise’.212

There are a significant number of underfun ded defined benefit schemes in ma ny

employments.

6.1.2 Other issues related to gender equality and social security

The key area is that there is also a pension gap for women.213

6.1.3 Political and societal debate and pending legislative proposals

There have been no key developments other t han that, gi ven the gender pay gap, t here

is als o a pension gap for women.214 The Government proposed by 2023 to introduce a

system of auto- enrolment in p ension schemes for those who are not members of such a

scheme.

6.2 Direct 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

210 https://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.

212 Murphy, 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.

215 For an overview of the regulations of pensions, see Murphy, F., ‘Financial Services Law in Ireland’ (2018)

Round Hall (chapter 55).