Family Law and pensions

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.

Trustees of the Pension Scheme

For the purposes of Family Law and other legislation, the officials who administer the pension scheme are deemed to be the Trustees. You can contact the Trustees at:

Role of the Trustees in a Family Law case

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 them and their legal representatives or pension advisors.

It is the responsibility of the parties to ensure that any Pension Adjustment Order 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.

Divorce or separation

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 Pension Adjustment Order in force giving some of the pension entitlements to the spouse or civil partner or dependent children.

Death gratuity and spouse’s pension entitlements may also be affected by a Pension Adjustment Order.

If there is not a Pension Adjustment Order in force, then benefits will be payable in accordance with the rules of the scheme. Arrangements for making Pension Adjustment Orders are primarily matters for the parties to the legal proceedings and the courts.

Where an application for a Pension Adjustment Order arises you should notify the Pension Unit of this department.

Benefits under the Spouses and Children Pension Scheme

The original Spouses and Children Scheme provides pensions for the spouse or civil partner 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 spouses or civil partners of marriage or civil partnership occurring after retirement or children from such marriages or 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 or civil partner and children of the member.

Unlike the original scheme, it includes provision for:

• the spouse or civil partner of a member who marries after retirement
• the children of a member which are born after the member’s retirement
• 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.

How separation or divorce affects the children’s pension

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.

Nominating someone to receive your pension

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 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 a Family Law Statement by writing to the address below:

Information to include in your request

You should include details of your:

• occupation: teacher or SNA or caretaker or clerical officer
• teaching sector: post primary or primary
• PPS number
• Payroll number
• Teacher number
• contact details - mobile phone or email address

You also need to include information about 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.

Please ensure that your correspondence is clearly marked for Family Law purposes.

Related

Pensions Schemes for Teachers and Non-teaching Staff