The Family Law section of the Pension Unit assists pension members in the preparation and implementation of Pension Adjustment Orders as required by the Courts following the enactment of the Family Law Act 1995 and the Family Law ( Divorce) Act 1996,
For the purposes of the Family Law and other legislation, the officials who administer the pension scheme are deemed to be the Trustees. Therefore, the name and address of the Trustees is:
Family Law Section, Pension Unit
Address:
Department of Education
, Cornamaddy
, Athlone, County Westmeath
, N37 X659
The role of the Trustees is to comment on whether a Draft Pension Adjustment Order (PAO) is capable of being implemented by the Trustees. It is not the Trustees responsibility to frame or “agree” an Order. Any split or division of a member’s pension is a matter for him/her and his/her legal representatives or pension advisors. It is the responsibility of the parties to ensure that any PAO obtained is valid and that it reflects, in so far as the legislation allows, any agreement by the parties on how the superannuation benefits should be split.
A divorce terminates the right of a former spouse to benefit under the rules of our Pension Schemes.
Your pension will only be affected by divorce or judicial separation if there is a Pensions Adjustment Order (PAO) in force apportioning some of the pension entitlements to the Spouse/Civil Partner or dependent children. Death gratuity and spouse’s pension entitlements may also be affected by a PAO. If there is not a PAO in force, then benefits will be payable in accordance with the rules of the scheme. Arrangements for making PAOs are primarily matters for the parties to the legal proceedings and the Courts. Where an application for a PAO arises you should notify the Pension Unit of this Department.
The Original Spouses and Children Scheme provides pensions for the Spouse/Civil Partner and/or dependent children of a member or dependent marital children of a member who dies in service, or after qualifying for pension or preserved pension. It does not provide pensions for Spouse/Civil Partners of marriage/civil partnership occurring after retirement or children from such marriages/civil partnerships.
A further option was given to all teachers in service between 31 March 2004 and 31 August 2005 to join the “Revised Spouses and Children Scheme”. The Revised Scheme provides pension benefits for the spouse/civil partner and children of the member and, unlike the Original Scheme, includes provision for the spouse/civil partner of a member who marries after retirement, for the children of a member which are born after the member’s retirement and for non-marital children.
If you are unsure whether you are covered for Spouses’ and Children’s benefits or which Scheme you may be a member of, you can check with the Pension Unit.
Under the rules of our Schemes, dependent children under the age of 16, or age 22 if in full time education, are eligible for Children’s Pensions. Where such a child is permanently incapacitated by reason of mental or physical infirmity from maintaining him or herself there is no age limit provided the infirmity existed from birth or arose while the child was eligible for benefit. A separation or divorce does not change any entitlements to dependent children under the rules of the Schemes.
It is not possible to name someone as your beneficiary under the rules of the Scheme. However, the death gratuity is payable to the legal personal representative on production of Probate of Will, (or letters of administration where the member dies intestate). It is possible therefore to ensure that a certain person or persons will get the death gratuity by the making of a will.
Teachers and Non-Teaching staff can request for a Family Law Statement must be received in writing to the address below:
Family Law Section, Pension Unit
Address:
Department of Education
, Cornamaddy
, Athlone, County Westmeath
, N37 X659
Please be sure to include all pertinent information in your request:
- Occupation: Teacher / SNA /Caretaker / Clerical Officer
- Teaching Sector: Post Primary or Primary
- PPS Number
- Your Payroll Number
- Teacher Number
- Your contact details - mobile phone or email address
- Your employment status:
-Are you currently working?
-When you last worked?
-Are you retired?
-Are you on a career break or other unpaid leave?
Please note that a Statement of Benefits may take 2-4 weeks to issue upon receipt of written request.
Please ensure that your correspondence is clearly marked for Family Law purposes.
