Scheme for judges to top up pensions delayed by ‘decade or more’

Association of Judges of Ireland say ‘obstacles’ have been put in way of judiciary

Justice George Birmingham wrote to the Department of Public Expenditure last December and said members of the judiciary had been seeking a pension scheme “for a decade or more”, but “obstacles” had been put in the way.  Photograph: Eric Luke
Justice George Birmingham wrote to the Department of Public Expenditure last December and said members of the judiciary had been seeking a pension scheme “for a decade or more”, but “obstacles” had been put in the way. Photograph: Eric Luke

A scheme to allow judges top up their pension funds using Additional Voluntary Contributions (AVCs) has been delayed for over a decade, according to documents released under the Freedom of Information Act.

President of the Association of Judges of Ireland, Mr Justice George Birmingham, wrote to the Department of Public Expenditure last December and said members of the judiciary had been seeking a scheme "for a decade or more", but "obstacles" had been put in the way.

These included that, because judges are independent office holders appointed by the President, they do not have an employer and a named employer was required for an AVC scheme.

Contributions

The schemes allow people already with occupational pensions to increase their pensions through additional contributions.

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Companies, such as Irish Life and Cornmarket, manage the contributions, which attract capped tax relief under pensions’ tax legislation and are deducted directly from payroll.

The schemes are available in many private companies and are also available to public service staff. But judges have so far not had access.

Mr Justice Birmingham said, because of their lack of employer, it had been suggested this would be an “insuperable difficulty”, but the AJI had “again” made contact with Revenue and, last November, received a positive response.

No objection

Revenue had said it had no objection to the Department of Public Expenditure, or Justice, acting as employer for the purposes of an AVC scheme.

Mr Justice Birmingham asked that the Department of Expenditure put arrangements in place.

“I would point out that there is a degree of urgency because judges are retiring all the time,” he said.

A letter was also written to the Department of Justice inquiring about a scheme.

Two weeks later, the Department of Expenditure responded that it was agreeable to introducing the scheme.

It said it would act as principal employer but would have no role in choosing the AVC provider company.

“Once the AJI has chosen the scheme provider, you might revert to this department and the necessary arrangements can be progressed,” judges were told.

The scheme has progressed no further.

A Department of Expenditure spokesman said it had not received the name of a provider, required for set up.

Fiona Gartland

Fiona Gartland

Fiona Gartland is a crime writer and former Irish Times journalist