Social Welfare and Pensions Act 2008

“PART VIA

Registered Administrators

Interpretation (Part VIA).

64B.— In this Part except where the context otherwise requires—

‘ annual benefit statement ’ means the statement required by regulations under this Act to be furnished—

• (a) at least once in each scheme year, by the trustees of a scheme to a member whose service in relevant employment has not terminated before normal pensionable age, or

• (b) at least once in each trust RAC year, by the trustees of a trust RAC (other than a small trust RAC) to a member who has not commenced to receive benefit in accordance with the rules of the trust RAC,

containing such information as is prescribed in relation to the member’s individual interest in the scheme or trust RAC, as the case may be;

‘ core administration functions ’ means the duties of a registered administrator specified in section 64G(1);

‘ Register ’ means the Register of Administrators referred to in section 64C;

‘ registration year ’, in relation to a registered administrator, means the period of 12 months commencing on the date on which the registration under section 64D(3), or the renewal of the registration under section 64E(2), of the registered administrator takes effect.

Register of Administrators.

64C.— (1) The Board shall establish and maintain for the purposes of this Act a register to be known as the Register of Administrators.

• (2) Subject to such requirements as are prescribed for the purposes of this subsection, the Register shall be in such form, and contain such entries and additions, as the Board considers appropriate for the purpose of maintaining an accurate record of the names and other particulars of persons registered under this Part.

• (3) The Register shall be kept at the offices of the Board and be made available for inspection by any person free of charge during office hours.

• (4) A copy of an entry in the Register shall, on request, be issued by the Board on payment of such fee (if any), not exceeding the reasonable cost of making the copy, as is prescribed.

• (5) In any proceedings a document purporting to be a copy of such an entry and to be certified by an officer of the Board to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify the document or that he or she was such an officer, be received in evidence and shall, unless the contrary is shown, be deemed to be a true copy of the entry and to be evidence of the matters stated in it.

Registration.

64D.— (1) A person shall not perform core administration functions for the trustees of a scheme or trust RAC (other than a small trust RAC) unless that person is registered with the Board as a registered administrator in accordance with this section.

• (2) A person may apply to the Board for registration as a registered administrator by lodging with the Board an application for registration in the prescribed form.

• (3) The Board shall—

  • (a) cause the name of an applicant to be placed on the Register if it is satisfied that the applicant—

    • (i) is not disqualified under section 64F, and

    • (ii) meets such other requirements as are prescribed,

    and

  • (b) refuse to register the applicant if it is not so satisfied.

• (4) The Board shall notify the applicant in writing of its decision and of the reasons for its decision.

Renewal of registration.

64E.— (1) An application for renewal of registration must be in the prescribed form and, subject to subsection (4), lodged with the Board not later than 30 days before the end of the registration year of the registered administrator immediately preceding the year for which renewal is sought.

• (2) Where the Board receives an application for renewal of registration under subsection (1), the Board—

  • (a) shall renew the registration if it is satisfied that—

    • (i) the applicant continues to meet the requirements of section 64D(3), and

    • (ii) paragraph (b)(ii) does not apply to the applicant,

    or

  • (b) may decide either not to renew that registration, or to renew it subject to conditions, if—

    • (i) it is not satisfied that the applicant continues to meet all of the requirements of section 64D(3), or

    • (ii) as a result of an audit of the applicant under section 18 or 54(4)(ca), it is satisfied that the registered administrator has failed to a material extent to properly perform any of the core administration functions for which it has had responsibility or to comply with a condition imposed under this paragraph.

• (3) The conditions that may be imposed under subsection (2) are—

  • (a) the restriction that the registered administrator may provide core administration functions only to trustees to whom it provided those functions during the registration year immediately preceding the date of renewal; and

  • (b) any other condition that is prescribed for the purposes of this subsection.

• (4) The Board may consider a late application for renewal and, having regard to the circumstances, may—

  • (a) either deal with the application as if it had been made within time or reject it; and

  • (b) if it decides, after the date of expiry of the registration, that it should be renewed, renew it with effect from that date of expiry.

• (5) The Board shall notify the applicant in writing of its decision and of the reasons for its decision.

Disqualifications.

64F.— (1) A person is not entitled to become, or to remain, registered under this Part if the person—

- (*a*) is an undischarged bankrupt,

- (*b*) has made a composition or arrangement with his creditors and has not discharged his obligations under that composition or arrangement,

- (*c*) has been convicted of an offence involving fraud or dishonesty,

- (*d*) is a company any director of which is prohibited under this section from being a registered administrator, or

- (*e*) is a person who is for the time being subject to the restrictions imposed by [section 150](http://www.irishstatutebook.ie/eli/1990/act/33/section/150/enacted/en/html) of the [Companies Act 1990](http://www.irishstatutebook.ie/eli/1990/act/33/enacted/en/html).

• (2) A person is not entitled to be registered under this Part if—

  • (a) an earlier registration of the person under this Part was terminated under section 64H, and

  • (b) a period of less than 12 months has elapsed since the date of termination.

  Duties of registered administrators.

  64G.— (1) A registered administrator shall—

  • (a) prepare on behalf of the trustees an annual report in the prescribed form and deliver it to the trustees not less than one month prior to the date by which the trustees are required by regulations under this Act to make the annual report available;

  • (b) prepare on behalf of the trustees annual benefit statements for members and deliver them to the trustees not less than one month prior to the date by which the trustees are required by regulations under this Act to make such statements available;

  • (c) keep accurate and sufficient records of members and of their entitlements to enable the registered administrator to discharge the duties specified in paragraphs (a) and (b); and

  • (d) discharge such other duties as are prescribed.

• (2) A registered administrator which becomes disqualified from acting under section 64F shall immediately notify that fact in writing to the Board and to the trustees of each scheme or trust RAC of which it is the registered administrator.

• (3) A contract for the performance of the core administration functions between trustees and a registered administrator may not be terminated by either party by less than 90 days’ prior written notice, except where the Board has decided not to renew the administrator’s registration under section 64E(2) or has terminated that registration under section 64H.

• (4) Where a registered administrator has an outsourcing arrangement, the registered administrator remains fully responsible for discharging all of its obligations under this Act.

Termination of registration.

64H.— (1) The Board may terminate the registration of a registered administrator if the Board is satisfied that the registered administrator—

- (*a*) has expressly requested the termination of registration;

- (*b*) has failed to comply with the requirements of this Act;

- (*c*) has not complied with a condition imposed by the Board under section 64E(2)(*b*); or

- (*d*) is disqualified under section 64F from registration under this Part.

• (2) As soon as practicable after the Board terminates the registration of a person as a registered administrator under subsection (1) it shall notify the person in writing of the termination and the reasons for that termination.

Appeals.

64I.— (1) Where—

- (*a*) under section 64D(3)(*b*), a person’s application for registration has been refused,

- (*b*) under section 64E(2)(*b*)—

    - (i) a person’s application for renewal of registration has been refused, or

    - (ii) the Board has imposed one or more conditions on a person,

      or

- (*c*) under section 64H(1), a person’s registration has been terminated,

  the person may, within 21 days of the date of the notification under section 64D(4), 64E(5) or 64H(2) (or such longer period as the High Court allows before the expiration of those 21 days, being a period that, having regard to the circumstances of any particular case, the court considers to be reasonable), appeal to the High Court against the making of the decision to which the notification relates.

• (2) On an appeal under this section the High Court may make such order confirming, annulling or varying the decision concerned and such order as to costs as it thinks fit.

• (3) The Board, the trustees of the scheme or trust RAC and the registered administrator concerned are entitled to be represented and heard on any appeal under this section.

• (4) A decision of the Board referred to in subsection (1) does not take effect—

  • (a) until the expiration of the period of 21 days after the date of the notification referred to in that subsection, or

  • (b) if an appeal against the decision is brought during that period of 21 days, until the final determination, or withdrawal, of the appeal or of any appeal from that determination.

  Offences.

  64J.— Proceedings in respect of any offence relating to a registered administrator under this Act with regard to an act or omission alleged to have been committed outside the State may be taken in any place in the State, and the act or omission may for all incidental purposes be treated as having been committed in that place.

  Address for service.

  64K.— (1) Every person whose name is entered on the Register of Administrators shall furnish to the Board an address for service in the State.

• (2) The Board shall place details of that address on the Register of Administrators.

• (3) Every notice required by or under this Act to be given to a registered administrator by the Board shall be served by the Board personally on, or sent by post to, the registered administrator at the address so furnished to the Board.

Publication of termination, non-renewal or restriction.

64L.— Subject to section 64I, if the Board—

- (*a*) terminates the registration of a registered administrator under section 64H,

- (*b*) decides not to renew the registration of a registered administrator under section 64E(2)(*b*), or

- (*c*) renews the registration of a registered administrator subject to one or more conditions under section 64E(2)(*b*),

  it shall publish notice of that fact in *Iris Oifigiúil* and in one or more newspapers circulating in the State within 28 days of the termination, non-renewal or renewal, as the case may be.

  Effect of registration or renewal.

  64M.— Registration, or the renewal of the registration, of a person under this Part does not constitute a warranty as to the fitness or suitability of that person to act as a registered administrator, and the Board—

- (*a*) is not liable in respect of any losses incurred by a trustee resulting from the appointment of a particular registered administrator, and

- (*b*) has no duty to any trustee or any other person regarding the performance by a registered administrator of the core administration functions.

  Effect of termination or non-renewal.

  64N.— Where, under this Part, the Board terminates, or decides not to renew, a registration, the decision of the Board shall not operate as a discharge of any liabilities of a person who has acted as a registered administrator.

  Obligations of registered administrator following notification from Board.

  64O.— (1) Subject to section 64I, where a person has been notified by the Board—

- (*a*) that its registration is terminated,

- (*b*) that its registration is not renewed, or

- (*c*) that the Board has imposed conditions on the operations of the person as a registered administrator,

  the person shall immediately notify in writing the trustees of each scheme or trust RAC of which the person is the registered administrator that it has received a notice from the Board and the content of that notice.

• (2) If a person has been notified by the Board that—

  • (a) its registration is terminated, or

  • (b) its registration is not renewed,

  it shall, not more than two months from the date of the notification, transfer all information held by it relating to each scheme or trust RAC of which it was the registered administrator, as directed by the trustees of that scheme or trust RAC, to such other registered administrator as is nominated by the trustees or to the trustees.

  Services of registered administrator and sale of other products.

  64P.— (1) A service or product shall not be marketed or sold to trustees in such a manner as to make the purchase of that service or product dependent on the purchase of the services of a particular registered administrator.

• (2) The services of a registered administrator shall not be marketed or sold in such a manner as to make the entering into of a contract in respect of the services of the registered administrator dependent on the purchase of any other service or product.”,

• (j) in section 82 by substituting the following for paragraph (cc):

• “(ca) is an administrator, investment manager or custodian of the PRSA, or

• (cb) is a registered administrator, or”,

• (k) in section 83(2) by inserting the following after paragraph (b):

• “(c) by a registered administrator before the commencement of section 27 of the Social Welfare and Pensions Act 2008.”,

and

• (l) in section 126(3), by inserting the following after paragraph (e):

• “(ea) any registered administrator of the scheme or trust RAC;”.

28. Trustee training.

28.— The Principal Act is amended—

• (a) in section 3A(1A) by inserting “59(1)(ca),” after “(2)(a)(iii) or (iv)”,

• (b) in section 54(1)—

• (i) in paragraph (a), by inserting “and status” after “constitution”,

• (ii) by substituting the following for paragraph (c):

• “(ba) compliance with sections 59(1)(ca) and 59AA;

  • (c) the rights and obligations that arise or may arise under the scheme or trust RAC;”,

and

• (iii) in paragraph (ca), by substituting “51A(5);” for “51A(5).”,

• (c) in section 59(1) by inserting the following after paragraph (c):

• “(ca) to undertake trustee training in accordance with section 59AA,”,

and

• (d) by substituting the following for section 59AA:

“Trustee training.

59AA.— (1) An employer who operates a scheme or trust RAC shall arrange for the trustees of that scheme or trust RAC (and, in the case of a trustee which is a body corporate, for all the directors of that body corporate) to receive appropriate training in relation to—

• (a) this Act, the regulations made under it and any other law of general application governing the operation of that scheme or trust RAC,

• (b) the duties and responsibilities of trustees generally, and

• (c) such other matters relevant to the effective management of a scheme or trust RAC, as the case requires, as are prescribed.

• (2) An employer to whom subsection (1) applies shall arrange training—

  • (a) for a person for whom the relevant date is not earlier than the date of commencement of section 28 of the Social Welfare and Pensions Act 2008, within six months from the relevant date and every two years thereafter, and

  • (b) for a person for whom the relevant date is earlier than the date of commencement of section 28 of the Social Welfare and Pensions Act 2008, within two years from the date of that commencement and every two years thereafter.

• (2A) For the purposes of subsection (2), the relevant date is—

  • (a) in relation to a trustee who is a natural person — the date of appointment of the person as a trustee of the scheme or trust RAC concerned,

  • (b) in relation to a director of a body corporate that becomes a trustee of the scheme or trust RAC concerned — the date of appointment of the body corporate as a trustee of that scheme or trust RAC, and

  • (c) in relation to a person who becomes a director of a body corporate that is a trustee of the scheme or trust RAC — the date of appointment of the person as a director of that body corporate.

• (3) An employer is not required to arrange appropriate training for—

  • (a) a pensioneer trustee, or

  • (b) a professional trustee.”.

29. Miscellaneous amendments of Pensions Act 1990.

29.— (1) The Principal Act is amended—

• (a) in section 2(1)—

• (i) by inserting the following before the definition of “ actuarial value ”:

“ ‘ accumulated value ’, in relation to contributions, means the amount which the trustees determine to be equal to—

• (a) the realisable value of the portion of the resources of the scheme that, in accordance with the rules of the scheme, represents those contributions, less

• (b) the amount of so much of the expenses of the scheme as, under the rules of the scheme, are to be discharged out of that portion;”,

and

• (ii) by substituting the following for the definition of “ defined contribution scheme ”:

“ ‘ defined contribution scheme ’ means, subject to section 27, a scheme which, under its rules, provides long service benefit the rate or amount of which, for each member who qualifies for long service benefit, is in total directly determined by the accumulated value of the contributions paid by or in respect of the member and includes a scheme the contributions under which are used, directly or indirectly, to provide—

• (a) benefits other than long service benefit, and

• (b) long service benefit the rate or amount of which is in total directly determined by the accumulated value of the part of the contributions aforesaid that is used for the provision of the long service benefit,

but, subject to section 27, excludes any scheme which, under the rules of the scheme, guarantees or specifies a given investment performance;”,

• (b) in section 3B(2)(b) by substituting “by a date” for “on a date”,

• (c) in section 4 by substituting the following for subsection (1):

• “(1) Notwithstanding anything contained in any enactment—

  • (a) information held by the Board or the Pensions Ombudsman for the purposes of this Act may be transferred by the Board or the Pensions Ombudsman, as the case may be, to the Revenue Commissioners, and

  • (b) information held by the Revenue Commissioners for the purposes of Chapters 1, 2 and 2A of Part 30 of the Taxes Consolidation Act 1997, relating to occupational pension schemes, trust RACs and PRSAs may be transferred by the Revenue Commissioners to the Board or to the Pensions Ombudsman.”,

• (d) in section 27(2) by substituting “the accumulated value of the contributions” for “an amount of contribution”,

• (e) in section 30(1) by substituting the following for the definition of “ accumulated value ”:

“ ‘ accumulated value ’, in relation to any appropriate contributions, shall be construed in accordance with section 2;”,

• (f) in section 54 by substituting the following for subsection (7):

• “(7) Subsections (1) to (6) do not apply to a small trust RAC, but the trustees of a small trust RAC shall furnish to the Board such statistical information as is prescribed for the purposes of this subsection.”,

• (g) in section 82 by substituting “in relation to a scheme, trust RAC or PRSA,” for “in relation to a scheme, trust RAC or a PRSA,”,

• (h) in section 83—

• (i) in subsection (1) by inserting “in relation to” after “PRSA”,

• (ii) in subsection (2)—

• (I) in paragraph (a) by substituting “2 July 1996” for “the passing of the Pensions (Amendment) Act 1996”,

• (II) by inserting the following after paragraph (a):

• “(aa) in the case of a PRSA, before 7 November 2002,”, and

• (III) in paragraph (b) by substituting “27 April 2007,” for “the commencement of Part 1 of Schedule 2 to the Social Welfare and Pensions Act 2007.”,

and

• (iii) in section 141 by substituting the following for subsection (4)—

• “(4) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which—

  • (a) the relevant member or contributor, as the case may be, ordinarily resides, or

  • (b) the party against whom the determination is made has its registered office (in the case of a company) or place of business.”.

• (2) The Principal Act is amended as set out in Schedule 2.

PART 4 Amendment of Other Acts

30. Amendment of Family Law Act 1995.

30.— Section 12(1) of the Family Law Act 1995 is amended by substituting the following for the definition of “defined contribution scheme”:

“ ‘ defined contribution scheme ’ has the same meaning as in the Pensions Act 1990;”.

31. Amendment of Family Law (Divorce) Act 1996.

31.— Section 17(1) of the Family Law (Divorce) Act 1996 is amended by substituting the following for the definition of “ defined contribution scheme ”:

“ ‘ defined contribution scheme ’ has the same meaning as in the Pensions Act 1990;”.

SCHEDULE 1 Amendments Relating to Supplementary Welfare Allowance

Section 18.

SCHEDULE 2 Formal Amendments of the Pensions Act 1990

Section 29(2).