Automatic Enrolment Retirement Savings System Act 2024
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Exempt employment | ||
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51. (1) For the purposes of this Act, an employee’s employment is exempt employment at any time if at that time— | ||
(a) it satisfies the employee contributions test under subsection (2), or | ||
(b) it satisfies the employer contributions test under subsection (3). | ||
(2) For the purposes of subsection (1), an employment satisfies the employee contributions test at any time if— | ||
(a) the employee’s emoluments in respect of employment at that time in that employment are subject to the deduction of amounts for the purpose of the employee making contributions for the benefit of the employee to a qualifying occupational pension scheme, qualifying PRSA, qualifying trust RAC or qualifying PEPP, and | ||
(b) under regulations under Chapter 4 of Part 42 of the Taxes Consolidation Act 1997 the deduction of amounts referred to in paragraph (a) is required to be notified by the employer to the Revenue Commissioners on or before making a payment of emoluments in respect of the employment. | ||
(3) For the purposes of subsection (1), an employment satisfies the employer contributions test at any time if— | ||
(a) the employer makes contributions for the benefit of the employee, in respect of the employment of the employee at that time in that employment, to a qualifying occupational pension scheme, qualifying PRSA, qualifying trust RAC or qualifying PEPP, and | ||
(b) under regulations under Chapter 4 of Part 42 of the Taxes Consolidation Act 1997 the payment of contributions referred to in paragraph (a) is required to be notified by the employer to the Revenue Commissioners on or before making a payment of emoluments in respect of the employment. | ||
(4) For the purpose of this section, a “qualifying occupational pension scheme” means— | ||
(a) if standards in relation to occupational pension schemes apply for the purposes of this section under regulations made under section 52 , an occupational pension scheme which meets those standards, or | ||
(b) in any other case, any occupational pension scheme. | ||
(5) For the purpose of this section, a “qualifying PRSA” means— | ||
(a) if standards in relation to PRSAs apply for the purposes of this section under regulations made under section 52 , a PRSA which meets those standards, or | ||
(b) in any other case, any PRSA. | ||
(6) For the purpose of this section, a “qualifying trust RAC” means— | ||
(a) if standards in relation to trust RACs apply for the purposes of this section under regulations made under section 52 , a trust RAC which meets those standards, or | ||
(b) in any other case, any trust RAC. | ||
(7) For the purpose of this section, a “qualifying PEPP” means— | ||
(a) if standards in relation to PEPPs apply for the purposes of this section under regulations made under section 52 , a PEPP which meets those standards, or | ||
(b) in any other case, any PEPP. | ||
(8) In this section and section 52 , “occupational pension scheme”, “PRSA” and “trust RAC” have the meaning given by section 2 (1) of the Pensions Act 1990 , and “PEPP” has the same meaning as in Regulation (EU) No. 2019/1238 of the European Parliament and Council of 20 June 20191 . | ||