Occupational Pension Schemes (Disclosure of Information) (Amendment) Regulations, 2000

JurisdictionIreland
CitationIR SI 296/2000
Year2000

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 5 , 54 , 55 , 56 and 57 of the Pensions Act, 1990 (No. 25 of 1990), hereby makes the following Regulations:-

Citation and Construction

1. (1) These Regulations may be cited as the Occupational Pension Schemes (Disclosure of Information) (Amendment) Regulations, 2000.

(2) These Regulations and the Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations, 1998 ( S.I. No. 349 of 1998 ) shall be construed together as one and may be cited as the Occupational Pension Schemes (Disclosure of Information) Regulations 1998 to 2000.

Commencement

2. Article 6(a) of these Regulations shall come into operation on the 1st day of July, 2001.

Definitions

3. In these Regulations-

“the Act” means the Pensions Act, 1990 (No. 25 of 1990);

“the 1998 No. 2 Regulations” means the Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations 1998 ( S.I. No. 349 of 1998 ).

Article 7 Alternative arrangements for annual reports and accounts for certain schemes

4. Article 7 of the 1998 No. 2 Regulations is hereby amended by

(a) the substitution for sub-article (3) (b) of the following sub-article:

“(b) in the case of a relevant scheme where all of the benefits are secured under one or more policies or contracts of assurance with the one undertaking (within the meaning of the Insurance Act, 1989 (No. 3 of 1989)), by a person designated by the undertaking as authorised for that purpose provided always that for the purposes of this sub-article annuities which have been purchased and which match and fully guarantee the pension obligations of the scheme in respect of specific individual members or other persons in respect of such members or both shall be disregarded”,

(b) the substitution for sub-article (4) of the following sub-article:

“(4)(a) A copy of the latest annual report prepared under this article duly signed and dated by the trustees in accordance with sub-article (9) of this article shall be made available by the trustees of the relevant scheme not later than:-

(i) in the case of an annual report prepared under sub-article (8), 9 months after the end of the scheme year to which it relates or such later date as may be approved by the Board;

(ii) in the case of an annual report prepared under sub-article (8A) in respect of a scheme year ending on or before 31 December 2000, 9 months after the end of the scheme year to which it relates or such later date as may be approved by the Board; and

(iii) in the case of an annual report prepared under sub-article (8A) in respect of a scheme year ending after 31 December 2000, 6 months after the end of the scheme year to which it relates or such later date as may be approved by the Board

in the manner specified in sub-article (6) of this article, to the persons specified in paragraph (b) of this sub-article.

(b) The persons to whom this sub-article relates are:-

(i) the members and prospective members of the scheme;

(ii) the spouses of members and of prospective members of the scheme;

(iii) persons within the application of the scheme and qualifying or prospectively qualifying for its benefits; and

(iv) an authorised trade union representing the members concerned.”,

(c) the substitution in sub-article (5) of “sub-article (4) (a)” for “sub-article (4)”,

(d) the substitution for sub-article (6) (a) of the following sub-article:

“(a) to an authorised trade union representing the members of the relevant scheme not later than

(i) in the case of an annual report prepared under sub-article (8), 9 months after the end of the scheme year to which it relates or such later date as may be approved by the Board,

(ii) in the case of an annual report prepared under sub-article (8A) in respect of a scheme year ending on or before 31 December 2000, 9 months after the end of the scheme year to which it relates or such later date as may be approved by the Board, and

(iii) in the case of an annual report prepared under sub-article (8A) in respect of a scheme year ending after 31 December 2000, 6 months after the end of the scheme year to which it relates or such later date as may be approved by the Board,”,

(e) the substitution in paragraph (b) of sub-article (6) of “sub-paragraphs (i), (ii) and (iii) of paragraph (b) of sub-article (4)” for “paragraphs (a), (b) and (c) of sub-article (4)”,

(f) the substitution in paragraphs (a) and (b) of sub-article (7) of “any of the persons specified in sub-article (4) (b) of this article” for “any of the persons specified in sub-article (4) of this article”,

(g) the substitution in sub-article (8) of “Subject to sub-article (8A) of this article, an annual report prepared under sub-article (3) of this article shall contain the following -” for “An annual report prepared under sub-article (3) of this article shall contain the following-”, and

(h) the insertion after sub-article (8) of the following sub-article:

“(8A) (a) This sub-article shall apply to a defined contribution scheme to which sub-article (3) (b) of this article applies (in this sub-article called a “relevant defined contribution scheme”).

(b) Where...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT