Dáil Éireann Debate, Tuesday - 16 December 2025
147. Deputy Ruairí Ó Murchú asked the Minister for Defence the progress being made to update the Army Pensions Act 1937 following the case of a person (details supplied) who has been refused an Army pension following the death of their son in Lebanon; if interim solutions are being considered for the situation; and if she will make a statement on the matter. [71890/25]
View answerThe Army Pensions Acts 1923-1980 constitutes a military occupational injuries code which operates separately from, but in addition to, the Defence Forces retirement benefit (superannuation) provisions.
The Acts primarily provide for disability pensions, and other allowances and gratuities, and they further allow for the award of a Dependent’s Allowance to the widow, children and other dependants of any member of the Defence Forces killed in the course of duty.
The issue in the specific case you refer to relates to a request to transfer a dependant’s allowance previously awarded to a dependant (now deceased) to their spouse; it is not related to a refusal of an Army pension.
There is no scope under the existing legislation for a transfer or grant of this particular type of allowance to another person on the death of the original recipient of the allowance; it can only be granted to a specified person for their lifetime.
A comprehensive review of the legislative provisions and the relevant circumstances of this case has been carried out. Following on from recently received legal advice, a potential administrative solution has been identified and pending approval of that, my officials will make direct contact with the person in question. My officials will also update the Deputy directly at that point.
Any amendment to the legislation could have potential implications for Defence Forces’ pensions in the first instance, and for pension schemes across the wider public sector. It is important to highlight that any changes to military pension scheme terms and conditions, including for dependant’s benefits, cannot be made by my Department in isolation and would be subject to consultation with, and the approval of, the Minister for Public Expenditure National Development Plan and Reform. On this basis there are no immediate plans to amend the existing Army Pensions legislation.
