S.I. No. 349/1998 - Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations, 1998

Type Statutory Instrument
Publication 1998-09-04
Last updated 2013-06-28
State Partially repealed superseded text
Text As published
articles 26

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

4 amending acts · 2013-06-28, Social Welfare and Pensions (Miscellaneous Provisions) Act 2013

Reform history JSON API

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:—

1 Citation and Commencement

1.

1. (1) These Regulations may be cited as the Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations, 1998.

2 Revocation

2.

2. The Occupational Pension Schemes (Disclosure of Information) Regulations 1998 ( S.I. No. 112 of 1998 ) are hereby revoked as follows:

3 Definitions

3.

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—

"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:

"transfer amount" shall have the meaning assigned to it in the Pension Schemes (Family Law) Regulations, 1997;

4 Audited Accounts

4.

4. (1) In this article "relevant scheme" means a scheme to which the Act applies by virtue of section 56.

as soon as reasonably practicable after the end of the scheme year.

5 Actuarial valuations

5.

5. (1) In this article "relevant scheme" means a scheme to which the Act applies by virtue of section 56.

as soon as reasonably practicable after the effective date but subject always to sub-article (3) of this article.

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.

6 Annual Reports

6.

6. (1) In this article "relevant scheme" means a scheme to which the Act applies by virtue of section 55.

7 ..

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—

as soon as reasonably practicable after the end of the scheme year but subject always to sub-article (4) of this article.

If the statement under sub-paragraph (i) or sub-paragraph (ii) is qualified, a statement of the reasons;

8 Disclosure of information in relation to schemes — constitution of the scheme

8.

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:

9 Disclosure of information in relation to schemes — basic information about the scheme

9.

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.

10 Disclosure of information in relation to schemes — information to be made available to individuals

10.

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.

11 Information to be made available to a member or prospective member in relevant employment

11.

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.

12 Information to be made available — termination of relevant employment

12.

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.

13 Information to be made available — retirement or death of a member or beneficiary

13.

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.

14 Information to be made available — wind up of scheme

14.

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:—

and

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.

16 Service of information and Documents

16. Any

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: —

2 (a) The information referred to at paragraph 1(b) above need not include —

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.

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:—

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

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

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 —

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.

15.

A statement as to whether the trustees and (if applicable) the persons charged with the administration of the scheme have access to: —

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 —

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.

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.

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.

18.

The arrangements (if any) which are made for the payment by members of additional voluntary contributions.

19.

19.

A statement that the scheme has been registered with the Pensions Board and the registration number.

20.

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

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,

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,

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.

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:

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 —

3.

Whether any amount of money is available in respect of the member for transfer out of the scheme and, if so —

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:

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 —

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 —

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.

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