S.I. No. 123/1985 - Protection of Employees (Employers' Insolvency) (Occupational Pension Scheme) (Forms and Procedure) Regulations, 1985.

S.I. No. 123 of 1985.

PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) (OCCUPATIONAL PENSION SCHEME) (FORMS AND PROCEDURE) REGULATIONS, 1985.

I, RUAIRÍ QUINN, Minister for Labour, in exercise of the powers conferred on me by sections 7 and 16 of the Protection of Employees (Employers' Insolvency) Act, 1984 (No. 21 of 1984), hereby make the following regulations:

1. (1) These Regulations may be cited as the Protection of Employees (Employers' Insolvency) (Occupational Pension Scheme) (Forms and Procedure) Regulations, 1985.

(2) The Protection of Employees (Employers' Insolvency) (Forms and Procedure) Regulations, 1984 ( S.I. No. 356 of 1984 ), and these Regulations may be cited together as the Protection of Employees (Employers' Insolvency) (Forms and Procedure) Regulations, 1984 and 1985.

2. In these Regulations—

"the Act" means the Protection of Employees (Employers' Insolvency) Act, 1984 (No. 21 of 1984);

"the section" means section 7 of the Act.

3. The following forms shall be used as regards applications under the section:

(a) in the case of applications for payment of—

(i) amounts deducted from the pay of an employee in respect of the employee's contribution to an occupational pension scheme and which were not paid into the occupational pension scheme, and

(ii) the unpaid contributions of an employer on his own account to an occupational pension scheme,

the form (Form IP 6) set out in Part I of the Schedule to these Regulations, and

(b) in the case of a certificate given by an actuary for the purposes of subsection (3) of the section, the form (Form IP 7) set out in Part II of the said Schedule.

4. Every application under the section in respect of unpaid contributions of an employer on his own account to an occupational pension scheme shall be accompanied by an actuarial certificate certifying the amount referred to in subsection (3) (b) of the section and such certificate shall be obtained by the relevant officer, or, as may be appropriate, the person appointed under section 5 (1) of the Act.

5. Every application under the section in respect of the unpaid contributions of an employer on his own account to an occupational pension cheme shall be accompanied by a certificate given for the purposes of section 7 (3) of the Act by an actuary.

6. An application under the section shall be made to the Minister—

( a ) in case, in relation to the insolvency of the employer concerned, a person stands for the time being appointed under section 5 of the Act, through that person, and

( b ) in any other case—

(i) where there is for the time being in relation to the employer concerned a relevant officer, through that officer,

(ii) where there is not for the time being in relation to such employer a relevant officer, by being sent to the Secretary, Department of Labour, Davitt House, Mespil Road, Dublin 4.

7. Where an application under the section is received by a relevant officer or a person appointed under section 5 of the Act, the officer or person, having examined the application, shall, as soon as may be, forward it to the Minister.

8. (1) Where an application under the section is received by the Minister through a relevant officer of a person appointed by him under section 5 of the Act, then unless the Minister is satisfied that there are particular reasons for making the payment directly to the applicant, any payment falling to be made on foot of the application shall be made to the officer or person through whom the application was received.

(2) Where a payment is made by a relevant officer or a person appointed by the Minister under section 5 of the Act by reason of an application under the section, such relevant officer or person shall, as soon as may be, inform the Minister in writing of the making of the payment.

GIVEN under my Official Seal, this 1st day of May, 1985.

RUAIRÍ QUINN,

Minister for Labour.

EXPLANATORY NOTE.

The purpose of these Regulations is to prescribe the forms to be used and procedures to be followed in the applications for payments from the Redundancy and Employers' Insolvency Fund in respect of:

( a ) amounts deducted from the pay of employees in respect of their contributions to an occupational pension scheme but which were not paid into the scheme, and

( b ) unpaid contributions by an employer on his own account to an occupational pension scheme.