S.I. No. 349/1998 - Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations, 1998
S.I. No. 349 of 1998. | ||
OCCUPATIONAL PENSION SCHEMES (DISCLOSURE OF INFORMATION) (NO. 2) REGULATIONS, 1998 | ||
The Minister for Social Community and Family Affairs, in exercise of the powers conferred on him by sections 5 , 51 , 54 , 55 , 56 and 57 of the Pensions Act, 1990 (No. 25 of 1990), hereby makes the following Regulations:— | ||
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1 Citation and Commencement | 1. (1) These Regulations may be cited as the Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations, 1998. | |
(2) These Regulations shall come into force as follows: | ||
(a) article 15 and article 3 in so far as it relates to article 15, on the 1st day of October, 1998 and | ||
(b) articles 4, 6 & 7, in relation to each scheme year ending on or after 1st day of July 1999, on the 1st day of July, 1999 and | ||
(c) article 3 in so far as it relates to all other articles and all other articles, on the 1st day of April, 1999. | ||
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2 Revocation | 2. The Occupational Pension Schemes (Disclosure of Information) Regulations 1998 ( S.I. No. 112 of 1998 ) are hereby revoked as follows: | |
(1) articles 4, 6 & 7, in relation to each scheme year ending on or after 1st July 1999, on the 1st day of July, 1999 and | ||
(2) all other articles on the 1st day of April, 1999. | ||
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3 Definitions | 3. In these Regulations— | |
"accumulated value" has the meaning assigned to it by section 30 of the Act; | ||
"the Act" means the Pensions Act, 1990 (No. 25 of 1990); | ||
"affiliated employer" means another employer where one of the employers is a subsidiary (within the meaning of section 155 of the Companies Act, 1963 , (No. 33 of 1963)) of the other, or where both employers are subsidiaries of a third employer; | ||
"authorised trade union" has the meaning assigned to it by section 54(6) of the Act; | ||
"contingent benefit" shall have the meaning assigned to it in the Pension Schemes (Family Law) Regulations, 1997 ( S.I. No. 107 of 1997 ); | ||
"designated benefit" shall have the meaning assigned to it in the Pension Schemes (Family Law) Regulations, 1997; | ||
"made available for inspection" means made available for inspection at a place which is convenient having regard to the circumstances of the request and to the person who made it; | ||
"on request" means a request in writing for a specified document or item of information provided that unless otherwise specified any request made within 12 months of the last occasion on which a copy of the same document or information was made available or furnished to the same person shall not be deemed to be a valid request; | ||
"Pension Adjustment Order" means an order made by the Court under Section 12 of the Family Law Act, 1995 (No. 26 of 1995) or Section 17 of the Family Law (Divorce) Act, 1996 (No. 33 of 1996); | ||
"preserved benefit" has the meaning assigned to it by section 28 of the Act; | ||
"scheme year", in relation to a scheme, means whichever of the periods specified in section 55(1) of the Act the trustees select; | ||
"self-investment", in relation to a scheme, means investment of all or part of the resources of the scheme in the business of the employer of any person employed in relevant employment, or of an affiliated employer, and for this purpose the term "investment" shall be deemed to include— | ||
(a) shares or other securities issued by the employer or by an affiliated employer, | ||
(b) land which is occupied or used by or subject to a lease in favour of the employer or an affiliated employer, | ||
(c) property, other than land, which is used for the purpose of any business carried on by the employer or an affiliated employer, | ||
(d) loans to the employer or an affiliated employer, | ||
(e) moneys due to the scheme held by the employer or an affiliated employer; | ||
"concentration of investment", in relation to a scheme, means investments exceeding a stated percentage of the resources of the scheme in one undertaking and in any associate of it or in one property, other than in the following categories: | ||
(a) Government securities; | ||
(b) insurance policies; | ||
(c) contracts of assurance; | ||
(d) managed funds; | ||
(e) unit trusts; and | ||
(f) cash deposits. | ||
"transfer amount" shall have the meaning assigned to it in the Pension Schemes (Family Law) Regulations, 1997; | ||
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4 Audited Accounts | 4. (1) In this article "relevant scheme" means a scheme to which the Act applies by virtue of section 56. | |
(2) Subject to sub-article (3) of this article and to article 7 of these Regulations, the trustees of a relevant scheme shall, in accordance with section 56 of the Act, cause— | ||
(a) the accounts of such a scheme to be audited by a qualified auditor in respect of each scheme year which commences on or after the 1st day of January, 1991 (or, where the relevant scheme had been in operation for only part of that scheme year for that part of that scheme year), and | ||
(b) the auditor's report to be prepared on the accounts, | ||
as soon as reasonably practicable after the end of the scheme year. | ||
(3) A copy of the latest audited accounts and the auditor's report on the accounts shall be made available by the trustees of the scheme not later than 9 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 (4) of this article to the following persons: | ||
(a) the members and prospective members of the scheme, | ||
(b) the spouses of members and of prospective members of the scheme, | ||
(c) persons within the application of the scheme qualifying or prospectively qualifying for its benefits, and | ||
(d) an authorised trade union representing the members concerned. | ||
(4) A copy of the latest audited accounts and the auditor's report on the accounts shall be furnished free of charge— | ||
(a) to an authorised trade union representing the members of the relevant scheme not later than 9 months after the end of the scheme year to which it relates or such later date as may be approved by the Board; | ||
(b) on request, to any of the persons specified in paragraphs (a), (b) and (c) of sub-article (3) of this article not later than 4 weeks after the request is made. | ||
(5) A copy of any earlier audited accounts or auditor's report on the accounts prepared under section 56 of the Act shall be:— | ||
(a) made available for inspection free of charge on request to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made, and | ||
(b) furnished on request (not being a request made within 3 years of the last occasion on which a copy of the same audited accounts was furnished) and on payment of a reasonable charge (unless the trustees decide otherwise) to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made. | ||
(6) The audited accounts shall consist of accounts containing the information specified in Schedule A to these Regulations which is applicable and material to the relevant scheme. | ||
(7) The auditor's report on the accounts of the relevant scheme shall include— | ||
(a) a statement whether, in his opinion, the requirements of sub-article (6) of this article are satisfied; | ||
(b) a statement that, in his opinion, the accounts show a true and fair view of the financial transactions of the relevant scheme during the scheme year and of the amount and disposition of the assets and liabilities (other than liabilities to pay pensions and other benefits in the future) at the end of the scheme year; | ||
(c) a statement that contributions payable to the relevant scheme during the scheme year have been received by the trustees within 30 days of the end of the scheme year and that in his opinion such contributions have been paid in accordance with the rules of the relevant scheme and, if appropriate, with the recommendation of the actuary; and | ||
(d) if any of the statements under paragraphs (a), (b) or (c) is qualified, a statement of the reasons. | ||
(8) The audited accounts of a relevant scheme shall be signed— | ||
(a) by two trustees on behalf of the trustees or, if there is only one trustee, by that trustee; or | ||
(b) if there is a person authorised under the rules of the scheme, by such person. | ||
(9) A person shall not be qualified for appointment as auditor of a relevant scheme, for the purposes of the Act if he is— | ||
(a) a member or a trustee of the relevant scheme; | ||
(b) a director or employee of any of the trustees of the relevant scheme; | ||
(c) the employer of any member employed in relevant employment or a director or employee of that employer or any affiliated employer. | ||
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5 Actuarial valuations | 5. (1) In this article "relevant scheme" means a scheme to which the Act applies by virtue of section 56. | |
(2) The trustees of a relevant scheme shall, in accordance with section 56 of the Act, cause— | ||
(a) the resources and liabilities of the scheme to be valued by the actuary of the scheme at a date referred to in these Regulations as the "effective date", and | ||
(b) the actuary's report to be prepared on the valuation (referred to in this article as the "valuation report") | ||
as soon as reasonably practicable after the effective date but subject always to sub-article (3) of this article. | ||
(3) A copy of the latest valuation report shall be made available by the trustees of the relevant scheme not later than 9 months after the effective date, or such later date as may be approved by the Board, in the manner specified in sub-article (4) of this article to the following persons: | ||
(a) the members and prospective members of the scheme, | ||
(b) the spouses of members and of prospective members of the scheme, | ||
(c) persons within the application of the scheme qualifying or prospectively qualifying for its benefits, and | ||
(d) an authorised trade union representing the members concerned. | ||
(4) A copy of the latest valuation report shall be— | ||
(a) made available for inspection free of charge, on request, to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made, and | ||
(b) furnished on request and on payment of a reasonable charge to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made. | ||
(5) A copy of any earlier valuation report prepared under section 56 of the Act, shall be:— | ||
(a) made available for inspection free of charge, on request, to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made, and | ||
(b) furnished on request (not being a request made within 3 years of the last occasion on which a copy of the same report was furnished) and on payment of a reasonable charge (unless the trustees decide otherwise) to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made. | ||
(6) The effective date of the first actuarial valuation to be prepared under section 56 (1) of the Act shall be— | ||
(a) in relation to a scheme other than a relevant external scheme which commenced before the 1st day of January, 1991, a date not later than the 31st day of December, 1993, and | ||
(b) in relation to a scheme other than a relevant external scheme which commenced on or after the 1st day of January, 1991, a date not later than 3½ years after the commencement of the relevant scheme, and | ||
(c) in relation to a relevant external scheme which commenced before the 1st day of July 1991, a date not later than the 31st day of December 1994, and | ||
(d) in relation to a relevant external scheme which commenced on or after the 1st day of July 1991, a date not later than 3½ years after the commencement of the relevant external scheme. | ||
(7) The effective date of any subsequent actuarial valuation shall be a date not later than 3½ years after the effective date of the immediately preceding actuarial valuation or such later date as may be approved by the Pensions Board. | ||
(8) A person shall not be qualified for appointment as actuary of a scheme, for the purposes of the Act, unless he is— | ||
(a) in the case of a scheme specified in Schedule C to the Occupational Pension Schemes (Funding Standard) Regulations, 1993, ( S.I. No. 419 of 1993 ), | ||
(i) a Fellow Member of the Society of Actuaries in Ireland or | ||
(ii) a civil servant who is approved by the Minister with the consent of the Minister for Finance as being a proper person to act for the purposes of the Act in connection with that scheme, or | ||
(b) in the case of a scheme not specified in Schedule C to the Occupational Pension Schemes (Funding Standard) Regulations, 1993, a Fellow Member of the Society of Actuaries in Ireland who has been granted and holds a valid Scheme Actuary Practising Certificate under the rules of that Society: | ||
Provided that any person with other actuarial qualifications who, at any time prior to the commencement of this article, held an appointment as actuary of a scheme with the approval of the Minister under Article 5(8)(c) of the Occupational Pension Schemes (Disclosure of Information) Regulations 1991 ( S.I. No. 215 of 1991 ) or under a provision of any regulations replacing those Regulations and who satisfies the requirements of the Minister shall, for so long as such person satisfies the requirements of the Minister, continue to be qualified for appointment as actuary in connection with that scheme and may be approved by the Minister, at the request of the trustees of the scheme concerned, as being a proper person to act for the purposes of the Act in connection with any other scheme. | ||
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6 Annual Reports | 6. (1) In this article "relevant scheme" means a scheme to which the Act applies by virtue of section 55. | |
(2) Subject to sub-article (3) of this article and to article 7 of these Regulations, the trustees of a relevant scheme shall, in accordance with section 55 of the Act, prepare in respect of each scheme year commencing on or after the 1st day of January, 1991, an annual report of the scheme as soon as reasonably practicable after the end of the scheme year. | ||
(3) A copy of the latest annual report prepared under this article duly signed and dated by the trustees in accordance with sub-article (8) of this article shall be made available by the trustees of the relevant scheme not later than 9 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 (5) of this article to the following persons: | ||
(a) the members and prospective members of the scheme, | ||
(b) the spouses of members and of prospective members of the scheme, | ||
(c) persons within the application of the scheme qualifying or prospectively qualifying for its benefits, and | ||
(d) an authorised trade union representing the members concerned. | ||
(4) The trustees shall inform the members of the relevant scheme of the availability of the annual report not later than 4 weeks after the time specified in sub-article (3) of this article. | ||
(5) A copy of the latest annual report shall be furnished free of charge— | ||
(a) to an authorised trade union representing the members of the relevant scheme not later than 9 months after the end of the scheme year to which it relates or such later date as may be approved by the Board; | ||
(b) on request, to any of the persons specified in paragraphs (a), (b) and (c) of sub-article (3) of this article not later than 4 weeks after the request is made. | ||
(6) A copy of any earlier reports prepared under section 55 of the Act shall be:— | ||
(a) made available for inspection free of charge, on request, to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made, and | ||
(b) furnished on request (not being a request made within 3 years of the last occasion on which a copy of the same report was furnished) and on payment of a reasonable charge (unless the trustees decide otherwise) to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made. | ||
(7) The annual report in respect of a relevant scheme shall contain the following: | ||
(a) a copy of the audited accounts in respect of the scheme year, | ||
(b) a copy of the auditor's report on the accounts as specified in sub-article (7) of article 4 of these Regulations and where the auditor's report under sub-article (7)(c) of article 4 is qualified the trustees should state whether the matter has been resolved, | ||
(c) where appropriate, a copy of the latest actuarial funding certificate (if any) prepared under section 42 of the Act, and | ||
(d) such other information as is specified— | ||
(i) in paragraphs 1 to 6 and 11 to 15 of Schedule B to these Regulations so far as it applies to the relevant scheme, and | ||
(ii) in paragraphs 7 to 10 of the said Schedule (except in the case of a relevant scheme that is not a funded scheme). | ||
(8) The annual report shall be signed by two trustees on behalf of the trustees or, if there is only one trustee, by that trustee. | ||
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7 .. | 7. (1) This article shall apply to a scheme (in this article called a "relevant scheme") which, at the commencement of the scheme year is, either— | |
(a) a defined contribution scheme, or | ||
(b) a small scheme as defined in sub-article (2) of this article. | ||
(2) For the purposes of this article— | ||
(a) "small scheme" means any defined benefit scheme where, at the commencement date of the relevant scheme year, there are:— | ||
(i) less than 50 active members, and | ||
(ii) less than 100 members excluding members for whom the only benefit under the scheme rules is in respect of death prior to normal pensionable age, or for whom insurance policies have been purchased in the manner set out at paragraph 2(a)(i) of Schedule A. | ||
(b) "active member", in relation to a relevant scheme, means any member who is in reckonable service at the commencement date of the scheme year. | ||
(3) In the case of a relevant scheme the provisions of sections 55 and 56 of the the Act shall be so modified that the trustees of a relevant scheme may, instead of complying with the provisions of articles 4 and 6 of these Regulations, cause an annual report of the scheme to be prepared in respect of each scheme year commencing on or after the 1st day of January, 1991 in either of the following ways:— | ||
(a) by a person who could be appointed as an auditor of a relevant scheme within the meaning of article 4 of these Regulations for the purposes of the Act; or | ||
(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, | ||
as soon as reasonably practicable after the end of the scheme year but subject always to sub-article (4) of this article. | ||
(4) 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 9 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 following persons: | ||
(a) the members and prospective members of the scheme, | ||
(b) the spouses of members and of prospective members of the scheme, | ||
(c) persons within the application of the scheme qualifying or prospectively qualifying for its benefits, and | ||
(d) an authorised trade union representing the members concerned. | ||
(5) The trustees shall inform the members of the relevant scheme of the availability of the annual report not later than 4 weeks after the time specified in sub-article (4) of this article. | ||
(6) A copy of the latest annual report shall be furnished free of charge— | ||
(a) to an authorised trade union representing the members of the relevant scheme not later than 9 months after the end of the scheme year to which it relates or such later date as may be approved by the Board; | ||
(b) on request, to any of the persons specified in paragraphs (a), (b) and (c) of sub-article (4) of this article not later than 4 weeks after the request is made. | ||
(7) A copy of any earlier reports prepared under section 55 of the Act shall be:— | ||
(a) made available for inspection free of charge, on request, to any of the persons specified in sub-article (4) of this article not later than 4 weeks after the request is made, and | ||
(b) furnished on request (not being a request made within 3 years of the last occasion on which a copy of the same report was furnished) and on payment of a reasonable charge (unless the trustees decide otherwise) to any of the persons specified in sub-article (4) of this article not later than 4 weeks after the request is made. | ||
(8) An annual report prepared under sub-article (3) of this article shall contain the following: | ||
(a) a statement of the amount of the contributions paid by the employer and by the members to the scheme during the scheme year; | ||
(b) a statement by the person preparing the annual report in accordance with this article 7, based on information provided to that person, having made reasonable enquiries, that:— | ||
(i) contributions payable during the scheme year have been received by the trustees within 30 days of the end of the scheme year, and | ||
(ii) contributions payable have been paid in accordance with the rules of the relevant scheme and if appropriate, with the recommendation of the actuary. | ||
If the statement under sub-paragraph (i) or sub-paragraph (ii) is qualified, a statement of the reasons; | ||
(c) a statement of the manner in which the resources of the relevant scheme are invested including details of any self-investment at any time during the period covered by the report provided always that for the purposes of this sub-article any monies due by an employer to the relevant scheme shall not, where such monies are due for a period of 30 days or less, be treated as self-investment; | ||
(d) a statement of material transactions which have occurred at any time during the scheme year with related parties (within the meaning of Financial Reporting Standard 8, "Related Party Disclosures"), irrespective of whether a price was charged; | ||
(e) except in the case of a defined contribution scheme, a copy of the latest actuarial funding certificate (if any) prepared under section 42 of the Act; | ||
(f) an investment report containing a statement by each individual investment manager acting for the relevant scheme providing | ||
(i) a summary of the investments managed by him and, other than in relation to resources invested in policies of insurance, their value at the end of a scheme year, | ||
(ii) the investment policies pursued during the scheme year on behalf of the relevant scheme and any material changes in these policies during the scheme year, and, | ||
(iii) a review of the performance of the relevant scheme's funds managed by him during the scheme year; | ||
(g) a statement as to whether the relevant scheme is a defined benefit scheme or a defined contribution scheme for the purposes of the Pensions Act, 1990 ; | ||
(h) a statement that the relevant scheme has been registered with the Pensions Board and the registration number; and | ||
(i) the information specified in paragraphs 1, 2, 3, 4, 6, 11, 12, and 15 of Schedule B. | ||
(9) The annual report prepared under this article shall be signed by two trustees on behalf of the trustees, or if there is only one trustee, by that trustee and where either of the statements under sub-article (8)(b)(i) or sub-article (8)(b)(ii) of this article are qualified the trustees should state whether or not the matter has been resolved. | ||
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8 Disclosure of information in relation to schemes — constitution of the scheme | 8. (1) Subject to sub-article (5) of this article, the trustees of a scheme shall make available in the manner specified in sub-articles (2) and (3) below, to the persons specified in sub-article (4) of this article the following: | |
(a) the contents of the trust deed where the scheme is constituted by such a deed; | ||
(b) the contents of any document constituting the scheme where the scheme is not constituted by a trust deed; | ||
(c) the contents of the rules of the scheme; | ||
(d) the contents of any document which amends or supplements or wholly or partly supersedes a document the contents of which fall to be furnished under paragraphs (a), (b) and (c) of this sub-article; and | ||
(e) the name and address of the employer of any member employed in relevant employment. | ||
(2) A copy of any document specified in sub-article (1) of this article, or of the information referred to in paragraph (e) of that sub-article, shall be made available for inspection, free of charge, on request, but without limitation as to the number of requests in any twelve month period, to any of the persons specified in sub-article (4) of this article not later than 4 weeks after such request is made. | ||
(3) A copy of any of the documents specified in sub-article (1) of this article shall, on request, be furnished on payment of a reasonable charge to any of the persons specified in sub-article (4) of this article not later than 4 weeks after the request is made. | ||
(4) The persons to whom this article relates are:— | ||
(a) the members and prospective members of the scheme; | ||
(b) the spouses of members and of prospective members of the scheme; | ||
(c) persons within the application of the scheme and qualifying or prospectively qualifying for its benefits; and | ||
(d) an authorised trade union representing the members concerned. | ||
(5) Where different rules are applicable to different members and prospective members, nothing in this article shall be construed as requiring the trustees to furnish a document or part of a document, in relation to a member or prospective member, that is not relevant to his rights under the scheme. Where disclosure is to be made to an authorised trade union, nothing in this article shall be construed as requiring the trustees to disclose information which is not relevant to the rights or prospective rights of members or prospective members who are of a category of employee which is represented by that authorised trade union. | ||
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9 Disclosure of information in relation to schemes — basic information about the scheme | 9. (1) Subject to sub-article (5) of this article, the trustees of a scheme shall furnish in writing the information specified in Schedule C to these Regulations to the persons specified in sub-articles (2) and (3) of this article. | |
(2) The information specified in the said Schedule C shall be furnished to every person who becomes a member of a scheme within 2 months of his becoming a member. | ||
(3) The information specified in the said Schedule C shall, not later than 4 weeks after the request is made, be furnished on request to — | ||
(a) any member or prospective member of the scheme, and | ||
(b) the spouses of members and of prospective members of the scheme, | ||
(c) persons within the application of the scheme and qualifying or prospectively qualifying for its benefits, and | ||
(d) an authorised trade union representing the members and prospective members concerned insofar as the information is relevant to the rights of such members and prospective members of the scheme. | ||
(4) The trustees of the scheme shall notify the members of the scheme of any material alteration in the information specified in paragraphs 1 to 20 of the said Schedule C within 4 weeks of the date of making of any such alteration. | ||
(5) Where different rules are applicable to different members and prospective members of a scheme nothing in this article shall be construed as requiring the trustees to disclose information in relation to a member or prospective member, that is not relevant to his rights under the scheme. Where disclosure is to be made to an authorised trade union, nothing in this article shall be construed as requiring the trustees to disclose information which is not relevant to the rights or prospective rights of members or prospective members who are of a category of employee which is represented by that authorised trade union. | ||
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10 Disclosure of information in relation to schemes — information to be made available to individuals | 10. (1) The trustees of a scheme shall furnish in writing the information specified in Schedules D to G to these Regulations, to the persons specified, and in the circumstances specified in articles 11 to 15 of these Regulations. | |
(2) The information to be furnished by the trustees under articles 11 to 15 shall relate to a date specified for this purpose by the trustees, not being a date earlier than 12 months before the date on which such information is so furnished. | ||
(3) When any information specified in the said Schedules D to G is provided it shall be accompanied by a written statement that further information about the scheme is available giving the name and address of the person to whom enquiries about it should be sent. | ||
(4) Where there is a right to request the method of calculation of any benefit, the information in respect of which is to be furnished under articles 11 to 15, such information shall be accompanied by a written statement that the calculation method is available upon request. | ||
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11 Information to be made available to a member or prospective member in relevant employment | 11. (1) Such information as is specified in paragraphs 1 to 8 of Part I of the said Schedule D shall be furnished to any member of a defined benefit scheme whose service in relevant employment has not terminated before normal pensionable age, on request as soon as practicable after the request is made, and in any event within 2 months of the request being made. | |
(2) Such information as is specified in paragraphs 9 to 16 of Part II of the said Schedule D shall be furnished to any member of a defined contribution scheme whose service in relevant employment has not terminated before normal pensionable age, at least once in every period of 12 months after the date of becoming a member. | ||
(3) Such information as is specified in paragraphs 17 and 18 of Part III of the said Schedule D shall be furnished to any member of a scheme whose reckonable service in that scheme has been terminated before normal pensionable age, but whose service in relevant employment has not terminated. The information specified in paragraph 17 shall be furnished within 4 weeks of the termination of reckonable service and the information specified in paragraph 18 shall be furnished as soon as practicable, but in any event not later than 6 months after such termination of reckonable service. | ||
(4) Such information as is specified in paragraph 19 of Part III of the said Schedule D shall be furnished to a member of a scheme where a transfer of accrued rights has been received from another scheme of the same employer and where the member's reckonable service in that other scheme has terminated before normal pensionable age, but where service in relevant employment has not terminated. This information shall be furnished as soon as practicable, but in any event not later than 12 weeks after such transfer has been received. | ||
(5) The information specified in paragraph 5 of Part I, or paragraph 13 of Part II of the said Schedule D, as appropriate, shall be furnished by the trustees to any prospective member of the scheme on request as soon as practicable after the request is made, and in any event within 2 months of the request being made. | ||
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12 Information to be made available — termination of relevant employment | 12. (1) The information specified in paragraph 1 of Part I of Schedule E shall be furnished to any member of a defined benefit scheme who has not acquired an entitlement to a preserved benefit (within the meaning of the Act) as soon as practicable and in any event within 2 months after he or his employer has notified the trustees that his service in relevant employment has terminated or is about to terminate other than by reason of the winding up of the scheme. | |
(2) The information specified in paragraphs 2 to 6 of Part I of the said Schedule E shall be furnished as appropriate— | ||
(a) to any member of a defined benefit scheme who has acquired an entitlement to preserved benefit (within the meaning of the Act) as soon as practicable and in any event within 2 months after he or his employer has notified the trustees that his service in relevant employment has terminated or is about to terminate other than by reason of the winding up of the scheme, and | ||
(b) to any member of a defined benefit scheme whose service in relevant employment has terminated or is about to terminate other than by reason of the winding up of the scheme and who has not acquired an entitlement to a preserved benefit (within the meaning of the Act) on request as soon as practicable and in any event within 2 months after the request is made, | ||
(c) to any other member of a defined benefit scheme, on request, as soon as practicable and in any event within 2 months after the request is made. | ||
(3) The information specified in paragraph 7 of Part II of the said Schedule E shall be furnished to any member of a defined contribution scheme who has not acquired an entitlement to a preserved benefit (within the meaning of the Act) as soon as practicable and in any event within 2 months after he or his employer has notified the trustees that his service in relevant employment has terminated or is about to terminate other than by reason of the winding up of the scheme. | ||
(4) The information specified in paragraphs 8 to 12 of Part II of the said Schedule E shall be furnished as appropriate — | ||
(a) to any member of a defined contribution scheme who has acquired an entitlement to preserved benefit (within the meaning of the Act) as soon as practicable and in any event within 2 months after he or his employer has notified the trustees that his service in relevant employment has terminated or is about to terminate, other than by reason of the winding up of the scheme, and | ||
(b) to any member of a defined contribution scheme whose service in relevant employment has terminated or is about to terminate other than by reason of the winding up of the scheme and who has not acquired an entitlement to a preserved benefit (within the meaning of the Act) on request as soon as practicable and in any event within 2 months after the request is made, | ||
(c) to any other member of a defined contribution scheme, on request, as soon as practicable and in any event within 2 months after the request is made, | ||
|
13 Information to be made available — retirement or death of a member or beneficiary | 13. (1) Where, on or after the commencement of these Regulations, a benefit under the scheme has become payable or is about to become payable to any of the persons specified in sub-article (3) of this article, the information specified in paragraphs 1, 3 and 4 of Schedule F, together with the information specified in paragraph 2 of Schedule F in the case of a defined benefit scheme where the benefit is payable on death, shall be furnished to that person as soon as practicable and in any event within 2 months after the benefit becomes payable provided his address is known to the trustees. In the case of a defined benefit scheme the information specified in paragraph 2 of Schedule F shall, where the benefit is payable otherwise than on death, be furnished on request as soon as practicable and in any event within 2 months after the request is made. | |
(2) Where the amount of benefit payable under the scheme to a person specified in sub-article (3) of this article is or is about to be altered otherwise than in accordance with paragraph 4 of Schedule F, a statement of the amount of the revised benefit shall be furnished to him as soon as practicable and in any event within 2 months after the alteration is made including, in the case where such alteration represents an increase in benefit, a statement of the conditions (if any) subject to which the payment of that increase will continue. | ||
(3) The persons to whom this article relates are:— | ||
(a) the members of the scheme, | ||
(b) the spouses of members of the scheme, and | ||
(c) persons within the application of the scheme and qualifying for its benefits. | ||
|
14 Information to be made available — wind up of scheme | 14. (1) Where a decision has been made to wind up the scheme or an event has occurred requiring the scheme to be wound up the trustees shall:— | |
(a) as soon as possible but in any event not later than 12 weeks after such a decision has been made or the date on which the trustees first become aware or ought reasonably to have been aware that such an event has occurred notify the Pensions Board, all persons specified in sub-article (3) of this article and any authorised trade union which represents the members concerned of the decision or event; | ||
(b) as soon as practicable after the resources of the scheme have been ascertained furnish each person specified in sub-article (3) of this article with information relating to the rights and options (if any) available to him as regards his benefit entitlements in accordance with the rules of the scheme respecting a winding up; | ||
(c) as soon as practicable after the resources of the scheme have been applied furnish each person specified in sub-article (3) (a) of this article with:— | ||
(i) in the case of a defined benefit scheme such information as is specified in paragraphs 1 to 6 of Part I of Schedule E relating to the rights secured for him, | ||
(ii) in the case of a defined contribution scheme such information as is specified in paragraphs 7 to 12 of Part II of Schedule E relating to the rights secured for him, | ||
(iii) an explanation as to the manner in which any surplus or deficit in the resources of the scheme has been dealt with, | ||
(iv) information as to who will be liable to pay the benefits after the scheme is wound up and the address to which enquiries should be sent concerning a person's entitlements; | ||
(d) as soon as practicable after the resources of the scheme have been applied furnish each person specified in sub-article 3(b) with:— | ||
(i) such information as is specified in Schedule F relating to the rights secured for him, | ||
(ii) an explanation as to the manner in which any surplus or deficit in the resources of the scheme has been dealt with; | ||
(iii) information as to who will be liable to pay the benefits after the scheme is wound up and the address to which enquiries should be sent concerning a person's entitlements; | ||
(2) For the purposes of this sub-article if the trustees are not in possession of or cannot ascertain an address for the members or beneficiaries then they shall publish a notice in a national newspaper to the effect that the scheme is winding up detailing the name and address of the person to whom enquiries should be sent concerning entitlements under the scheme; | ||
(3) The persons to whom this article relates are:— | ||
(a) (i) the members of the scheme being in relevant employment at the date of the decision or the occurrence of the event requiring the scheme to be wound up; | ||
and | ||
(ii) the members of the scheme who have acquired an entitlement to a deferred benefit under the scheme at the date of the decision or the occurrence of the event requiring the scheme to be wound up which benefit had not come into payment at that date. | ||
(b) members who are in receipt of benefits under the scheme and other persons who are in receipt of or who are entitled to receive benefits under the scheme. | ||
|
15 Information to be made available — Pensions Adjustments Orders | 15 (1) The information specified in paragraphs 1 to 4 of Schedule G shall be furnished to a non-member spouse or other person specified in a Pensions Adjustment Order relating to a member as soon as practicable and in any event within 2 months of notification to the trustees of the granting of a Pension Adjustment Order in relation to the member's benefits. | |
(2) The information specified in paragraphs 2, 5 and 6 of the said Schedule G shall be furnished to a non-member spouse on request, as soon as practicable and in any event within 2 months after the request is made. | ||
(3) The information specified in paragraphs 2, 3, 6 and 10 of the said Schedule G shall be furnished to a non-member spouse within 2 months after the member or his employer has notified the trustees that his relevant employment has terminated. | ||
(4) The information specified in paragraphs 2, 3, 6 and 11 of the said Schedule G shall be furnished to a non-member spouse as soon as practicable and in any event within 2 months of the member ceasing to be a member of the scheme other than by reason of death. Where the member's reckonable service has terminated and no transfer amount has been paid in accordance with sub-sections 5 of Section 12 of the Family Law Act, 1995 and Section 17 of the Family Law (Divorce) Act, 1996 , such information (other than that set out in paragraph 11) shall be furnished within 2 months after the member or his employer has notified the trustees of such termination. | ||
(5) The information specified in paragraphs 2, 7 and 8 of the said Schedule G shall be furnished to a non-member spouse as soon as practicable and in any event within 2 months after the trustees apply the transfer amount in accordance with sub-sections 6 of the Section 12 of the Family Law Act, 1995 and of Section 17 of the Family Law (Divorce), Act 1996. | ||
(6) The information specified in paragraphs 2 and 9 of the said Schedule G shall be furnished on request to a non-member spouse (or other person specified in a Pension Adjustment Order affecting the member's benefits under the scheme) as soon as practicable and in any event within 2 months after the request is made. | ||
|
16 Service of information and Documents | 16. Any | |
(a) information or documentation which these Regulations require the trustees of a scheme to give, notify or furnish, or | ||
(b) request for information or for a document to be given, notified or furnished in pursuance of these Regulations, | ||
to any person (other than an authorised trade union) who is not employed in relevant employment shall (unless otherwise agreed with that person) be given, notified or furnished by ordinary post at the last address known to the trustees. | ||
|
SCHEDULE A | ||
Article 4. | ||
CONTENTS OF ACCOUNTS | ||
1. Accounts of the scheme shall show a true and fair view of: — | ||
(a) the financial transactions of the scheme during the scheme year; and | ||
(b) the assets and liabilities at the end of the scheme year. | ||
2 (a) The information referred to at paragraph 1(b) above need not include — | ||
(i) insurance policies 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 to both, | ||
(ii) liabilities to pay benefits in the future, | ||
(iii) additional voluntary contributions, if any, under the scheme which are separately invested | ||
(b) Where additional voluntary contributions are separately invested in the form of a defined contribution scheme they should be disclosed separately from the information referred to in paragraph 1 above but accounted for within the accounts of the scheme or the notes thereto. | ||
(c) The notes thereto should, other than in the case of a scheme the resources of which are invested wholly in managed funds, include a statement of the distribution of the investments of the scheme detailing, where appropriate, particulars of any self-investment of the resources of the scheme at any time during the scheme year or concentration of investment in excess of 5 per cent of the resources of the scheme at the scheme year end provided always that for the purposes of this sub-paragraph any monies due by an employer to the scheme shall not, where such monies are due for a period of 30 days or less, be treated as self-investment. | ||
3. A reconciliation of the information mentioned in paragraph 1 (a) with the information mentioned in paragraph 1(b). | ||
4. In respect of every amount shown in the accounts, a statement of the corresponding amount for the scheme year previous to the one to which the accounts relate, except in a case where article 4 of these Regulations is complied with by trustees of a scheme for the first time. | ||
5. A statement whether the accounts have been prepared in accordance with the Statement of Recommended Practice — Financial Reports of Pension Schemes issued by the Pensions Research Accountants Group in July 1996 as amended from time to time current to the end of the scheme year to which the accounts relate and, where this is not the case, the particulars of any material departures from that Statement. | ||
|
SCHEDULE B | ||
Article 6. | ||
THE ANNUAL REPORT — INFORMATION TO ACCOMPANY AUDITED ACCOUNTS AND ACTUARIAL FUNDING CERTIFICATE | ||
1(a). The names of all persons who were trustees of the scheme during the scheme year to which the information relates, and those trustees acting at the date of signing of the annual report in accordance with sub-article (3) and sub-article (8) of article 6, and the names of the directors of any company being a trustee during the scheme year to which the information relates or at the date of signing of the annual report as aforesaid. | ||
(b) If there is more than one employer participating in the scheme at the end of the scheme year to which the annual report relates, a list of such participating employers. | ||
2. The name of each actuary, auditor, solicitor, bank, investment manager, custodian and administrator acting for or retained by the trustees during the scheme year and (where different) those retained at the date of signing of the annual report in accordance with sub-article (3) and sub-article (8) of article 6 with an indication (except where article 6 of these Regulations is complied with by the trustees for the first time) of any change since the previous scheme year. | ||
3. The name or title, and the address of the person to whom enquiries about the scheme generally or about an individual's entitlement to benefit should be sent. | ||
4. Where any changes have been made since the previous scheme year in the information specified in Schedule C to these Regulations a statement to that effect and that the members concerned have been notified in accordance with sub-article (4) of article 9. | ||
5. The following information must be provided as at any one date during the scheme year:— | ||
(a) the number of members in relevant employment; | ||
(b) the number of persons in receipt of benefits under the rules of the scheme; and | ||
(c) the number of members whose relevant employment has ceased but who remain entitled to benefits under the rules of the scheme. | ||
The number of members or other persons referred to in (b) and (c) need not include any member or person in respect of whom an insurance policy has been purchased and such policy has been excluded from the annual accounts in accordance with paragraph 2(a)(i) of Schedule A. | ||
Any material changes in the information provided in the previous scheme year under (a), (b) and (c) should be accompanied by an explanatory note. | ||
6. A statement of | ||
(a) whether or not increases were made during the scheme year, to — | ||
(i) pensions in the course of payment; and | ||
(ii) benefits payable following termination of a member's service in relevant employment, | ||
and by what percentage, or (except in the case of a scheme that is not funded) if there have been different increases for different individuals or groups of individuals, the average percentage increase of such increases or the range of increases within these groups with in either case a statement whether the increases were to any extent discretionary, and if so to what extent and exercised by whom; and | ||
(b) whether or not there were any pensions or pension increases being paid by or at the request of the trustees for which the scheme would not have a liability in the event of its winding up and whether the persons concerned have been notified in writing by or at the request of the trustees. | ||
7. A review by the trustees of the financial development of the scheme during the scheme year, as shown by the audited accounts, and a statement concerning the latest actuarial funding certificate and funding proposal (if any) submitted to the Pensions Board. | ||
8. The name of each person or organisation concerned in the management of the investments of the scheme during the year and the extent of any delegation of this function by the trustees. | ||
9. Whether or not the scheme is bearing the costs of any investment manager and, if so, the basis on which such investment manager is paid. | ||
10. An investment report containing — | ||
(a) a statement by the trustees, or the investment manager, of the investment policies pursued during the scheme year on behalf of the scheme, and any material changes in these policies during the scheme year; | ||
(b) a review of the investment performance of the scheme's fund during the scheme year, and the nature, disposition, marketability, security and valuation of the scheme's resources. | ||
11. A statement that the right of members to select or approve the selection of trustees to the scheme is set out in the Occupational Pension Schemes (Member Participation in the Selection of Persons for Appointment as Trustees (No. 3)) Regulations, 1996, ( S.I. No. 376 of 1996 ) where a scheme is a relevant scheme as defined in the said regulations. | ||
12. A statement of any costs and expenses incurred in relation to trustee training in the scheme year which have been met out of the resources of the scheme. | ||
13. Where the accounts of the scheme for the scheme year concerned refer to a significant post year end item, a statement by the trustees in relation to that item. | ||
14. A statement that the scheme has been registered with the Pensions Board and the registration number. | ||
15. A statement as to whether the trustees and (if applicable) the persons charged with the administration of the scheme have access to: — | ||
(a) the Trustee Handbook produced by the Pensions Board; and | ||
(b) the Guidance Notes issued by the Pensions Board from time to time in accordance with section 10 of the Act. | ||
|
SCHEDULE C | ||
Article 9. | ||
BASIC INFORMATION ABOUT THE SCHEME | ||
1. The categories of persons who are eligible to be members of the scheme. | ||
2. Whether or not membership of the scheme is a condition of employment and the categories of persons (if any) to whom such a condition applies. | ||
3. The conditions of membership. | ||
4. How members' contributions are calculated. | ||
5. How employers' contributions are calculated. | ||
6. Whether the scheme is approved under Chapter II of Part I of the Finance Act, 1972 or Chapter I of Part 30 of the Taxes Consolidation Act, 1997 , and, if not, whether an application for such approval of the scheme is under consideration by the Revenue Commissioners. | ||
7. Whether the scheme is a defined benefit scheme or a defined contribution scheme for the purposes of the Pensions Act, 1990 . | ||
8. What benefits, if any, are payable under the scheme, and how they are calculated. | ||
9. The conditions on which benefits are paid and any options relating thereto. | ||
10. Which benefits, if any, are payable only at some person's discretion. | ||
11. Which of the benefits are, and which are not, funded. | ||
12. Which of the benefits, if any, are such that fulfilment of the obligation to pay them to or in respect of particular members is guaranteed by means of one or more insurance policies which are specifically allocated to the provision of benefits payable to or in respect of those members. Where the payment of the benefit under any life assurance policy is subject to the satisfaction of any underwriting criteria this should be stated. | ||
13. The short title of the Act or Acts of the Oireachtas (if any) which provides for both — | ||
(a) the setting up of the scheme, and | ||
(b) the determination of the rate or amount of the benefits under the scheme. | ||
14. If the employer of any person who is entitled to benefits under the scheme has entered into an obligation to pay the benefits if the scheme's resources are insufficient to do so, the extent of that obligation. | ||
15. If there is discretionary power under the scheme rules to increase pensions after they have become payable, a statement that, where discretionary increases to pensions already in payment have been granted, details of who exercised this discretionary power and information about the increase given will be set out in the annual report. | ||
16. The name or title and address of the person to whom enquiries about the scheme generally or about an individual's entitlement to benefit should be sent. | ||
17. Whether there is power to amend the scheme terms detailing who may amend the scheme and whether there are any significant conditions on the exercise of that power. | ||
18. The arrangements (if any) which are made for the payment by members of additional voluntary contributions. | ||
19. A statement that the scheme has been registered with the Pensions Board and the registration number. | ||
20. A statement that in the event of judicial separation or divorce a Court application for a Pension Adjustment Order in respect of the retirement or contingent benefits payable to or in respect of a married member may be made noting that further information about the operation and impact of Pension Adjustment Orders may be obtained from the Pensions Board. | ||
|
SCHEDULE D | ||
Article 11. | ||
INFORMATION TO BE MADE AVAILABLE TO A MEMBER OR PROSPECTIVE MEMBER IN RELEVANT EMPLOYMENT | ||
PART I—DEFINED BENEFIT SCHEME | ||
1. (a) The amount of the member's own benefits and of his survivor's benefits which would be payable under the rules of the scheme from normal pensionable age or death thereafter if his service in relevant employment were to terminate on his attaining normal pensionable age, calculated without regard to possible increases in his salary; and | ||
(b) The method by which the amount specified in sub-paragraph (a) has been calculated. | ||
(c) Where additional benefits have been secured or granted under the scheme by way of additional voluntary contributions or a transfer of rights from another scheme, or both, the amount of such benefits (including a transfer amount in lieu of a designated benefit under a Pension Adjustment Order) should be either included in the amounts specified in sub-paragraph (a) (with a statement to this effect) or shown separately. | ||
2. The member's date of entry into the scheme and the amount of contributions (including additional voluntary contributions) paid by the member to the scheme and the amount of any transfer payment received on behalf of the member from another scheme. | ||
3. The amount of the member's current pensionable salary and the method by which it is calculated. | ||
4. The amount of any benefit or benefits payable in respect of the death of the member prior to normal pensionable age without regard to possible increases in his salary. | ||
5. Whether the member or prospective member has an option to purchase additional benefits under the scheme by way of additional voluntary contributions or to acquire rights to additional benefits in exchange for any transfer payment provided by another scheme and if so, | ||
(a) the amount of these additional benefits or an explanation of how they will be calculated, and | ||
(b) a statement of how the option may be exercised. | ||
6. Whether a Pension Adjustment Order has been issued in respect of the member's benefits under the scheme and if so either a statement of the effect of the Pension Adjustment Order or details as to where further information relating to the effect and operation of the Pension Adjustment Order on the benefits to or in respect of the member may be obtained. | ||
7. The member's name, date of birth, known marital status and gender. | ||
8. Name of trustees to the scheme. | ||
PART II—DEFINED CONTRIBUTION SCHEME | ||
9. The member's date of entry into the scheme, normal pensionable age and the amount of contributions (including additional voluntary contributions) paid by or on behalf of the member to the scheme since that date and the amount of any transfer payment (including a transfer amount in lieu of a designated benefit under a Pension Adjustment Order) received on behalf of the member from another scheme. | ||
10. The amount of contributions credited to the scheme in the scheme year by or on behalf of the member. | ||
11. The accumulated value as at a specified date of the contributions (including additional voluntary contributions) paid by or on behalf of the member to the scheme to provide benefits payable at or from normal pensionable age or death thereafter. This value may be expressed in a manner which has regard to the nature of the policy of assurance or other contract to which contributions have been applied and, where relevant, may assume that the member remains in reckonable service to normal pensionable age provided this assumption is so stated. It should not include any estimate of bonus, interest or other additions after the specified date other than those which are explicitly guaranteed under the policy or contract. | ||
12. The amount of benefit or benefits payable in respect of the death of the member prior to normal pensionable age without regard to possible increases in his salary, or (if relevant) any change in the accumulated value of the contributions after a specified date. | ||
13. Whether the member or prospective member has an option to purchase additional benefits under the scheme by way of additional voluntary contributions or to acquire rights to additional benefits in exchange for any transfer payment provided by another scheme and, if so, | ||
(a) the amount of these additional benefits or an explanation of how they will be calculated, and | ||
(b) a statement of how the option may be exercised. | ||
14. The member's name, date of birth, known marital status and gender. | ||
15. Name of trustees to the scheme. | ||
16. Whether a Pension Adjustment Order has been issued in respect of the member's benefits under the scheme and if so either a statement of the effect of the Pension Adjustment Order or details as to where further information relating to the effect and operation of the Pension Adjustment Order on the benefits to or in respect of the member may be obtained. | ||
PART III—TERMINATION OF RECKONABLE SERVICE WITHOUT TERMINATION OF RELEVANT EMPLOYMENT — ALL SCHEMES | ||
17. The fact that the member's reckonable service in the scheme has terminated and the date upon which it so terminated. | ||
18. (a) Whether a part of the resources of the scheme has been or will be applied in respect of the member in the making of a payment to another scheme of the same employer or a policy or contract of assurance within the meaning of section 34(3)(b) of the Act, including the effective date of any such application and the name, address or title of the person to whom enquiries about the other scheme or policy or contract of assurance should be sent. | ||
(b) If any actual or potential benefits in respect of the member remains in the scheme after a period of six months has elapsed from the date of termination of reckonable service, the information specified in Part I or Part II of Schedule D, as appropriate, as if the member had requested such information. | ||
19 How the transfer of accrued rights from the other scheme will be treated in connection with the provision of long service benefit or additional long service benefit under the scheme. | ||
|
SCHEDULE E | ||
Article 12. | ||
INFORMATION TO BE MADE AVAILABLE — TERMINATION OF RELEVANT EMPLOYMENT | ||
PART I—DEFINED BENEFIT SCHEME | ||
1. An explanation of any rights and options available to a member whose service in relevant employment terminates before he has acquired an entitlement to a preserved benefit (within the meaning of Part III of the Act) including: | ||
(a) details of whether a refund of contributions is available or would be available in any circumstances, and in the latter case a statement of the circumstances and, in either case, an estimate of the amount of the refund and an explanation of the method of calculating it; | ||
(b) the name or title and address of the person from whom details of any other rights and options may be obtained on request. | ||
2. The rights and options (if any) available to a member whose service in relevant employment terminates before he attains normal pensionable age, including details of — | ||
(a) the amount of preserved benefit (within the meaning of Part III of the Act) payable under the rules of the scheme to or in respect of a member, and the method by which such amount has been calculated; | ||
(b) the amount of benefits (if any) payable under the rules of the scheme to or in respect of a member in addition to those specified in sub-paragraph (a), and for a member whose relevant employment terminated after 1st day of January 1991 the method by which such amount has been calculated. | ||
(c) the date or dates on which such benefits become payable; | ||
(d) whether there is an option to have alternative benefits payable immediately and the relevant details of such alternative benefits; | ||
(e) the provisions (or, as the case may be, a statement that there are no provisions) under which benefits may or will be increased, and the extent to which such increases are dependent on the exercise of a discretion; | ||
(f) whether a refund of contributions is available, or would be available in any circumstances, and in the latter case, a statement of the circumstances, and in either case, an estimate of the amount of the refund and an explanation of the method of calculating it; | ||
(g) the name and address of the scheme, its trustees and those responsible for the payment of the member's benefits. | ||
3. Whether any amount of money is available in respect of the member for transfer out of the scheme and, if so — | ||
(a) an estimate of its amount calculated on the basis that the member's service in relevant employment terminated or will terminate on one particular date; and | ||
(b) the accrued rights to which it relates. | ||
4. The procedures for claiming the member's benefits payable in the event of the termination of his service in relevant employment prior to normal pensionable age. | ||
5. If any transfer payment has been effected or any amount has been paid in respect of the benefits specified in sub paragraph (b) of paragraph 2 above by the trustees of the scheme without the consent of the member the name and address of the scheme to which the transfer payment or any amount has been paid or of the undertaking with whom the policy or contract of assurance has been entered into on behalf of the member. | ||
6. Whether a Pension Adjustment Order has been issued in respect of the member's benefits under the scheme and if so either a statement of the effect of the Pension Adjustment Order or details as to where further information relating to the effect and operation of the Pension Adjustment Order on the benefits to or in respect of the member may be obtained. | ||
PART II—DEFINED CONTRIBUTION SCHEME | ||
7. An explanation of any rights and options available to a member whose service in relevant employment terminates before he has acquired an entitlement to a preserved benefit (within the meaning of Part III of the Act) including details of: | ||
(a) whether a refund of contributions is available or would be available in any circumstances, and in the latter case a statement of the circumstances and, in either case, an estimate of the amount of the refund and an explanation of the method of calculating it, | ||
(b) the name and address of the person from whom details of any other rights and options may be obtained on request. | ||
8. The rights and options (if any) available to a member whose service in relevant employment terminates before he attains normal pensionable age, including details of — | ||
(a) the accumulated value as at a specified date of the appropriate contributions (within the meaning of Part III of the Act) payable under the rules of the scheme to or in respect of a member; | ||
(b) the accumulated value as at the same date of any other contributions to which the member is entitled; | ||
(c) the date or dates on which such amounts become payable and a brief explanation of how the amounts would be applied; | ||
(d) whether there is an option to have benefits payable immediately and the relevant details of such benefits; | ||
(e) whether a refund of contributions is available, or would be available in any circumstances, and in the latter case a statement of the circumstances, and in either case, an estimate of the amount of the refund and an explanation of the method of calculating it; | ||
f) the name and address of the scheme, its trustees and those responsible for the payment of the member's benefits. | ||
9. Whether any amount of money is available in respect of the member for transfer out of the scheme and, if so — | ||
(a) an estimate of its amount calculated on the basis that the member's service in relevant employment terminated or will terminate on one particular date; and | ||
(b) the accrued rights to which it relates. | ||
10. The procedures for claiming the member's benefits payable in the event of the termination of his service in relevant employment prior to normal pensionable age. | ||
11. If any transfer payment has been effected or any amount has been paid in respect of the benefits specified in sub-paragraph (b) of paragraph 8 above by the trustees of the scheme without the consent of the member the name and address of the scheme to which the transfer payment or any amount has been paid or of the undertaking with whom the policy or contract of assurance has been entered into on behalf of the member. | ||
12. Whether a Pension Adjustment Order has been issued in respect of the member's benefit under the scheme and if so either a statement of the effect of the Pension Adjustment Order or details as to where further information relating to the effect and operation of the Pension Adjustment Order on the benefits to or in respect of the member may be obtained. | ||
|
SCHEDULE F | ||
Article 13. | ||
INFORMATION TO BE MADE AVAILABLE — RETIREMENT OR DEATH OF MEMBER OR BENEFICIARY | ||
1. The amount of benefit which is payable to or in respect of the person and any options relating thereto and the procedure for exercising them. | ||
2. The method by which the amount specified in paragraph (1) has been calculated. | ||
3. If the amount of benefit is payable periodically the conditions (if any) subject to which the payment will continue. | ||
4. If a benefit is payable periodically the provisions (if any) under the rules of the scheme whereby the amount payable will be altered. | ||
|
SCHEDULE G | ||
INFORMATION TO BE MADE AVAILABLE — PENSION ADJUSTMENT ORDERS | ||
1. A statement with the details both as to the amount of and the nature of the benefit to be provided under the Pension Adjustment Order. | ||
2. A note that further information may be obtained from the Pensions Board. | ||
3. The name or title, and the address of the person to whom enquiries should be sent. | ||
4. A statement that the non-member spouse or person specified in the Pension Adjustment Order is advised to notify the trustees of any change of address. | ||
5. An estimate of the transfer amount which may be applied by the non-member spouse. | ||
6. A statement of the options available to the non-member spouse. | ||
7. The date of the application of the transfer amount. | ||
8. The name and address of the scheme to which the transfer amount has been applied or of the undertaking with whom the policy or contract of assurance has been entered into on behalf of the non-member spouse. | ||
9. An estimate of the contingent benefit payable under the Pension Adjustment Order. | ||
10. A statement that any contingent benefit awarded under a Pension Adjustment Order ceases to have effect. | ||
11. A statement that the member spouse has ceased to be a member of the scheme. | ||
GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 1st day of September , 1998. | ||
Dermot Ahern | ||
Minister for Social, Community and Family Affairs. | ||
The Minister for Finance hereby consents to the making of the foregoing Regulations. | ||
GIVEN under the Official Seal of the Minister for Finance, this 4th day of September, 1998. | ||
Charlie McCreevy | ||
Minister for Finance. | ||
EXPLANATORY NOTE | ||
These Regulations revoke, on a phased basis, the existing regulations relating to disclosure of information and replace them, again on a phased basis, with these Regulations. | ||
The Regulations regulate the disclosure of financial and other information by occupational pension schemes. Under the Regulations the trustees of schemes are required to obtain annual audited accounts, including the auditor's report, and containing specified financial information, prepared by an auditor who fulfils certain requirements. The trustees must also obtain an actuarial valuation of the scheme at specified intervals, prepared by a qualified actuary (who is defined in the Regulations). Copies of the actuary's report must be made available for inspection free of charge or furnished, on request, to specified persons on payment of a reasonable charge. | ||
In addition, trustees of schemes must provide an annual report containing, inter alia, a copy of the annual audited accounts for the scheme year, a copy of the latest actuarial funding certificate, a trustees' financial review of the scheme and an investment report. Defined contribution schemes and certain defined benefit schemes, in place of the full requirements for audited accounts and reports, have the option of issuing a shortened annual report prepared by a qualified auditor or, where the benefits are fully secured under an insurance contract, a person designated by the insurance company. | ||
Copies of annual reports must be made available automatically to authorised trade unions and when requested to members, prospective members and other specified persons. | ||
The Regulations also provide for the trustees to make available documents containing information about the constitution of the scheme for inspection by specified persons, and for copies to be furnished on request on payment of a reasonable charge. Certain basic information mainly about the contribution and benefit structure of the scheme must be given by the trustees to every member on joining the scheme and to members and other specified persons on request, and for material alterations to be drawn to the attention of members. Finally, information about individual benefit entitlements must be made available by the trustees to specified persons in specified circumstances. | ||
The Regulations also take account of the Family Law Act 1995 and Family Law (Divorce) Act 1996 provisions insofar as they relate to pension adjustment orders. | ||
These Regulations are being made following a review of the existing Regulations. |