Pension Schemes (Family Law) Regulations, 1997

• Date: 27 February 1997
• Statutory Instrument No.: 107/1997

S.I. No. 107 of 1997.
PENSION SCHEMES (FAMILY LAW) REGULATIONS, 1997
ARRANGEMENT OF REGULATIONS
Part 1
General
1. Citation and Commencement
2. Revocation
3. Definitions
Part 2
Calculation of Designated Benefit
4. General
5. Pension Adjustment Order
6. Determination of type of pension scheme
7. Defined Benefit Scheme - Active member - Calculation of designated benefit at normal pensionable age
8. Defined Benefit Scheme - Active member - Calculation of designated benefit on retirement earlier than normal pensionable age
9. Defined Benefit Scheme - Enhanced retirement benefit payable prior to normal pensionable age due to ill-health
10. Defined Benefit Scheme - Active member - Calculation of designated benefit on retirement later than normal pensionable age
11. Defined Benefit Scheme - Active member - Calculation of designated Benefit on retirement having previously withdrawn from reckonable service
12. Defined Benefit Scheme - Deferred pensioner - Calculation of designated benefit
13. Defined Benefit Scheme - Current pensioner - Calculation of designated benefit
14. Defined Benefit Scheme - Improvements and reductions in retirement benefit
15. Defined Contribution Scheme - Active member - Calculation of designated benefit at retirement
16. Defined Contribution Scheme - Active member - Calculation of designated benefit at retirement having previously withdrawn from reckonable service
17. Defined Contribution Scheme - Deferred pensioner - Calculation of designated benefit
18. Defined Contribution Scheme - Current pensioner - Calculation of designated benefit
19. Defined Contribution Scheme - Insufficient information to accurately identify and calculate the accumulated value
20. Additional Voluntary Contributions
21. Retirement Benefit Provided in respect of a transfer of accrued rights from another pension scheme
22. Defined Benefit Scheme switches to defined contribution basis
23. Defined Contribution Scheme switches to defined benefit basis
24. Calculation of designated benefit following previous order
Part 3
Calculation of Residual Benefit
25. General
26. Retirement Benefit - Defined Benefit Scheme
27. Retirement benefit - Defined Contribution Scheme
28. Contingent Benefit
Part 4
Transfer Amounts
29. General
30. Transfer following an application from the non-member spouse
31. Calculation of Transfer Amount - Defined Benefit Scheme
32. Calculation of Transfer Amount - Defined Contribution Scheme
33. Application of transfer amount
34. Transfer initiated by Trustees
Part 5
Payment of Designated Benefit
35. General
36. Pension Increases
37. Exercisable Options
38. Benefits on death of a non member spouse following commencement of designated benefit
39. Termination of reckonable service of member spouse
40. Death of member spouse prior to commencement of designated benefit
41. Death of non member spouse prior to commencement of designated benefit
Part 6
Contingent Benefits
42. General
43. Termination of relevant employment
44. Temporary Absence
45. Specific Definitions
46. Effect of Order
Part 7
Calculation under Section 12 (25) or Section 17 (25)
47. General
48. Retirement Benefit - Defined Benefit Basis
49. Retirement Benefit - Defined Contribution Basis
50. Contingent Benefit.
S.I. No. 107 of 1997.
PENSION SCHEMES (FAMILY LAW) REGULATIONS, 1997.
The Minister for Social Welfare, in exercise of the powers conferred on him by section 5 of the Pensions Act, 1990 (No. 25 of 1990), as amended by section 4 of the Pensions (Amendment) Act, 1996 (No. 18 of 1996) and section 47 of the Family Law (Divorce) Act, 1996 (No. 33 of 1996), hereby makes the following Regulations:
PART 1 GENERAL
	1 Citation and Commencement	1. (1) These Regulations may be cited as the Pension Schemes (Family Law) Regulations, 1997.
(2) These Regulations shall come into operation on the 27th day of February, 1997.
	2 Revocation	2. The Occupational Pension Scheme ( Family Law Act, 1995 ) Regulations, 1997 ( S.I. No. 64 of 1997 ) are hereby revoked.
	3 Definitions	3. (1) In these Regulations unless the context otherwise requires:—
"the Act of 1990" means the Pensions Act, 1990 ;
"the Act of 1995" means the Family Law Act, 1995 ;
"the Act of 1996" means the Family Law (Divorce) Act, 1996 ;
"accumulated value" means
(i) the realisable value of the units, shares or securities at a particular date, or averaged over a particular period before that date, in which, pursuant to the rules of the pension scheme, the contributions for retirement benefit paid by or in respect of a member spouse under the pension scheme are invested, or
(ii) the realisable value of the contributions for retirement benefit paid by or in respect of a member spouse under a defined contribution scheme, together with the national rate of interest or other investment return prescribed under the rules of the pension scheme, or
(iii) the amount of the proceeds of any insurance policies in which, pursuant to the rules of the pension scheme, the contributions for retirement benefit paid by or in respect of a member spouse under the pension scheme are invested,
less, in each case, the amount of any of the expenses of the pension scheme that, pursuant to the rules thereof, fall to be discharged out of the said realisable value or proceeds;
"active member", in relation to a pension scheme, means a member of the pension scheme who is in reckonable service;
"actuarial value" means the equivalent cash value of a benefit (including, where appropriate, provision for any revaluation of such benefit) under a pension scheme calculated by reference to appropriate financial assumptions and making due allowance for the probability of survival to normal pensionable age and thereafter in accordance with normal life expectancy on the assumption that the member concerned of the pension scheme, at the effective date of calculation, is in a normal state of health having regard to his or her age;
"actuary" means a person retained by the trustees of the pension scheme concerned who is qualified to act as actuary to the pension scheme concerned pursuant to the Act of 1990;
"additional voluntary contributions" means such contributions (if any) as are paid on a voluntary basis by a member of an occupational pension scheme and are designed to fully provide additional benefits;
"approved arrangement", in relation to the trustees of a pension scheme, means an arrangement whereby the trustees, on behalf of the person for whom the arrangement is made, effect policies or contracts of insurance that are approved of by the Revenue Commissioners with, and make the appropriate payments under the policies or contracts to, one or more undertakings;
"contingent benefit" means a benefit payable under a pension scheme, other than a benefit payable under section 12 (7) of the Act of 1995 or section 17 (7) of the Act of 1996, to or for one or more of the following, that is to say, the widow or the widower and any dependants of the member spouse concerned and the personal representative of the member spouse, if the member spouse dies while in relevant employment and before attaining any normal pensionable age provided for under the rules of the pension scheme;
"the court" shall be construed in accordance with section 38 of the Act of 1995 and section 38 of the Act of 1996;
"current pensioner", in relation to a pension scheme, means a member of the pension scheme whose reckonable service has terminated and who is in receipt of retirement benefit from the pension scheme;
"decree" means a decree to which section 12 of the Act of 1995 or section 17 of the Act of 1996 applies;
"deferred pensioner", in relation to a pension scheme, means a member of the pension scheme whose reckonable service has terminated and who is not in receipt of retirement benefit from the pension scheme;
"defined benefit basis" means the basis of calculating a retirement benefit which, is not a defined contribution basis;
"defined benefit scheme" means a pension scheme which is not a defined contribution scheme;
"defined contribution basis" means the basis of calculating a retirement benefit whereby the rate or amount of the retirement benefit is directly determined by the amount of the contributions paid by or in respect of the member of the pension scheme concerned;
"defined contribution scheme" means a pension scheme which, under its rules, provides retirement benefit, the rate or amount of which is in total directly determined by the amount of the contributions paid by or in respect of the member of the pension scheme concerned and includes a pension scheme the contributions under which are used, directly or indirectly, to provide
( a ) contingent benefit, and
( b ) retirement benefit the rate or amount of which is in total directly determined by the part of the contributions aforesaid that is used for the provision of the retirement benefit;
"dependent member of the family", in relation to a spouse, or the spouses, concerned, means any child
( a ) of both spouses or adopted by both spouses under the Adoption Acts, 1952 to 1991, or in relation to whom both spouses are in loco parentis, or
( b ) of either spouse or adopted by either spouse under those Acts or in relation to whom either spouse is in loco parentis, where the other spouse, being aware that he or she is not the parent of the child, has treated the child as a member of the family,
who is under the age of 18 years or if the child has attained that age
(i) is or will be or, if an order were made under the Act of 1995 or the Act of 1996 providing for periodical payments for the benefit of the child or for the provision of a lump sum for the child, would be receiving full-time education or instruction at any university, college...