Automatic Enrolment Retirement Savings System Act 2024

PART 3

Enrolment and Contributions

Chapter 1

Preliminary

Interpretation (Part 3)

47. (1) In this Part—

“emoluments” means emoluments, within the meaning of Chapter 4 of Part 42 of the Taxes Consolidation Act 1997 , to which that Chapter applies;

“employee” means any person in receipt of emoluments;

“employer” means any person paying emoluments (and, in relation to an employee, means the person paying emoluments to the employee);

“exempt employment” has the meaning given by section 51 ;

“gross pay” and “total gross pay” shall be construed in accordance with subsections (2) and (3);

“opt-out date” shall be construed in accordance with section 54 (3) and references to having opted out shall be construed accordingly;

“payroll notification” means a notification that—

(a) is issued by the Authority to an employer in respect of an employee, and

(b) contains information relating to the calculation and deduction of contributions in accordance with this Part;

“years 1 to 3” means the period of 3 years beginning with the date on which section 61 comes into operation;

“years 4 to 6” means the period of 3 years immediately following years 1 to 3;

“years 7 to 9” means the period of 3 years immediately following years 4 to 6.

(2) References in this Part to a person’s gross pay in relation to a payment of emoluments, in a case where regulations under Chapter 4 of Part 42 of the Taxes Consolidation Act 1997 require the person’s employer to notify an amount to the Revenue Commissioners, on or before making a payment, as the person’s gross pay, are references to the amount that the regulations require to be notified.

(3) Where subsection (2) does not apply, references in this Part to a person’s gross pay in relation to a payment of emoluments are references to the amount calculated by the Authority, on the basis of information required to be notified by the person’s employer to the Revenue Commissioners, as the emoluments of that person in the period to which the payment of emoluments relates—

(a) taking into account, in the case of emoluments to which section 985A of the Taxes Consolidation Act 1997 applies, the amount of notional payments which subsection (2) of that section treats the employer as making, and

(b) without deducting amounts that fall to be deducted for any reason by the employer from the payment of emoluments.

(4) For the purposes of this Part, a person’s total gross pay in a period is the sum of the amounts of the person’s gross pay in relation to all payments of emoluments in the period.

(5) References in this Part to payments of emoluments include references to payments on account of emoluments.