Marrying after retirement will deprive spouse of survivor’s pension

My query relates to an occupational pension of my husband and my lack of entitlement to half of this if he were to pre-decease me.My husband, as a widower, married me in 2014. Because he had already retired from his job in local government, apparently I am not eligible to claim half his pension if he were to pre-decease me. Why is this so and can we do anything about it? It seems very unfair.JNREAD MOREPublic service pensions in general make provision for a 50 per cent survivor’s pension for a spouse if the retired public servant predeceases them. It is a valuable safety net for families .But you appear to have lost out which I certainly agree sounds very unfair.Following an enquiry from you, the Department of Housing, Local Government and Heritage sent you what appear to be disembodied section from various bits of legislation that are as impenetrable as this stuff usually is.The issue here is that there are two schemes - an original one that dates back to 1956 legislation and a more recent one operating under legislation passed in the 1980s. What rights you do and do not have depend on which one covers your husband’s employment.I am indebted to Irish Congress of Trade Unions head of social policy and employment affairs, Laura Bambrick, and a number of her colleagues in Ictu’s public service unions for guiding me through the relevant detail. Essentially, under the original 1956 Local Government (Superannuation) Act, there was no provision for a survivor’s pension under the widow’s and orphan pension scheme in a case like yours - where you got married after your husband had retired from his public sector role.That scheme was specifically designed to cover family relationships established during pensionable employment. Once the person was no longer contributing to the scheme - as they would not in retirement - they were not covered for any marriage that took place during their working lives, nor any child born. However, that changed in the 1980s.People working in the Civil Service who were appointed after September 1st, 1984 became members of a revised spouses’ and children’s pension scheme. And this scheme made specific provision that even where a marriage took place after retirement, the spouse would be entitled to a survivors’ pension.Those pension rights were extended to local authority staff under the Local Government Officers (Spouses and Children’s Contributory Pension) Scheme, 1986, with the rights backdated to September 1st, 1984.This is interesting because it shows that as far back as 1984, there was an understanding that there was a reasonable case for extending pension protection to spouses who, simply by accident of timing, got married after a person’s retirement.So, if your husband started working with the local authority any time after the end of August 1984, you are entitled to a pension on the back of his employment in the event of his death.Even if he started working with them before that date, there was an option at that time for existing employees to transfer to the new scheme. He and you would certainly need to check through his records to see if he availed of that opportunity or chose to stay with the original scheme.The response you have got from the department does not seem to clarify that one way or the other. And one of the trade union sources notes that Article 120 of the 1998 Local Government Superannuation (Consolidation) Scheme, which was quoted to you by the Department of Housing, relates to the older Widows’ and Orphans’ arrangements. If he was covered under the newer arrangements, it would be irrelevant.So, first up, track down the dates when your husband started work with the local authority and when he retired. If he was employed with them before 1984, you also need to check whether he opted in to the revised arrangements that came into force at that time, or not.I am told that the pensions section in the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation may be able to help.And what about the fairness issue? It does seem harsh that, having accepted the argument as far back as 1984 that marriages after retirement should be recognised, you could find yourself left with no survivor’s pension more than 40 years later.That doesn’t necessarily mean that it breaches current legislation of equality but it does suggest that a rethink in Government might be timely. There cannot be that many people in your position so the financial impact on the exchequer is hardly an issue.Please send your queries to Dominic Coyle, Q&A, The Irish Times, 24-28 Tara Street, Dublin 2, or by email to dominic.coyle@irishtimes.com with a contact phone number. This column is a reader service and is not intended to replace professional advice.