Same-sex couples demand pension equality

Gay and lesbian couples are continuing to be discriminated against by employers, including the Government, who are refusing them the right to leave their pension to their same-sex widow or widower if they die, it has been claimed.

Twelve months ago, the Irish Examiner highlighted how the then public expenditure minister Brendan Howlin had reiterated long-serving current and former civil servants who have entered civil partnerships, or who planned to get married to a same-sex partner, had been refused the right to upgrade their single person’s pension to a spouse and children pension.

At the time, Mr Howlin said the cost of allowing the change in pension arrangements would lead to “substantial additional cost” to the existing liability of public service pensions.

“I am advised that, given the background of changing legislation over the years, including the introduction of divorce, and to avoid a charge of discrimination, this option could not of course be limited solely to those entering civil partnerships,” he said at the time. “It would therefore have to be made available to all relevant serving and former civil servants and public servants in a similar position. I am advised that allowing for this option could likely accrue a substantial additional cost to the existing accrued liability of public service pensions.”

His decision was described as “intransigent” by then fellow government TD Jerry Buttimer, who is openly gay.

Now, with a new Government in place and more than a year down the line from the Marriage Equality referendum, the newly formed body Pension Equality has claimed that the discrimination is continuing.

Writing in GCN magazine, Fergus Courtney, honorary secretary of pension equality said lesbian, gay and bisexual (LGB) people, retired or still serving employees are continuing to be refused the opportunity to leave a pension to their same-sex widow or widower.

“They have never had the opportunity to benefit their spouses, unlike opposite-sex couples who have such a right, and despite the referendum the Government and some other employers are refusing to allow such pensions,” he said. “It is clear that the commitment to equality was expressed by all political parties during the campaign, and endorsed by the voters, has still not percolated to all levels of the administration, and government departments and some private sector employers are still quite willing to discriminate against LGB people.”

He said the ball was now at the feet of the new Minister for Public Expenditure and Reform, Paschal Donohoe.

“It is to be hoped he will show a different attitude to LGB people than his predecessor,” Mr Courtney said.

“In the case of civil and public service pensions he can end this last remaining vestige of discrimination at the stroke of a pen because it is purely an administrative decision and no new legislation is required. It does, however, require him to override the opposition of his civil service mandarins who don’t like change.”

He said the cost will not be great because the group of people affected is small, being mainly retired LGB people and they would have to pay the same contributions as everyone else.

“Older LGB people are also the people who have suffered the longest from discrimination by the State, from criminalisation in previous decades to the refusal of survivor pensions in 2016,” he said.