LegalizeReform history
Automatic Enrolment Retirement Savings System Act 2024
2 versions
· 2024-07-09 — 2026-01-01
2026-01-01
IE-2024-act-20 — consolidated version 2026-01-01
2024-07-09
Automatic Enrolment Retirement Savings System Act 2024 — versión ori
original version
Text at this date
Changes on 2026-01-01
@@ -1,14 +1,12 @@
# Automatic Enrolment Retirement Savings System Act 2024
## **PART 1** **Preliminary and general**
##### 1. **Short title and commencement**
## PART 1 Preliminary and general
##### 1.. **Short title and commencement**
**1.** (1) This Act may be cited as the Automatic Enrolment Retirement Savings System Act 2024.
(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
##### 2. **Definitions**
##### 2.. **Definitions**
**2.** In this Act—
@@ -64,7 +62,7 @@
“State contribution” means a contribution to which *section 60* applies.
##### 3. **Regulations**
##### 3.. **Regulations**
**3.** (1) The Minister may by regulation provide for any matter referred to in this Act as prescribed or to be prescribed.
@@ -72,7 +70,7 @@
(3) Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to anything previously done under it.
##### 4. **Service of documents**
##### 4.. **Service of documents**
**4.** (1) Subject to *Part 6*, a notice or other document that is required to be sent or given to a person under this Act shall be addressed to the person concerned by name, and may be sent or given to the person in one of the following ways:
@@ -86,15 +84,15 @@
(2) For the purpose of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.
##### 5. **Expenses**
##### 5.. **Expenses**
**5.** The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.
## **PART 2** **An Túdarás Náisiúnta um Uathrollú Coigiltis Scoir**
### Chapter 1 *Establishment of An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir*
##### 6. **Definitions (*Part 2*)**
## PART 2 An Túdarás Náisiúnta um Uathrollú Coigiltis Scoir
### Chapter 1
##### 6.. **Definitions (Part 2)**
**6.** In this Part—
@@ -114,11 +112,11 @@
(b) the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann.
##### 7. **Establishment day**
##### 7.. **Establishment day**
**7.** The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.
##### 8. **An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir**
##### 8.. **An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir**
**8.** (1) There shall stand established on the establishment day a body which shall be known as *An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir* (in this Act referred to as the “Authority”) to perform the functions conferred on it by or under this Act.
@@ -144,7 +142,7 @@
(5) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Authority by any person generally or specially authorised by the Authority for that purpose.
##### 9. **Functions of Authority**
##### 9.. **Functions of Authority**
**9.** (1) The Authority shall, in addition to the carrying out of other functions conferred on it by this Act—
@@ -184,9 +182,9 @@
(6) The Authority shall have all such powers as are necessary or expedient for the performance of its functions.
### Chapter 2 *Board of Authority*
##### 10. **Establishment of Board**
### Chapter 2
##### 10.. **Establishment of Board**
**10.** (1) The Authority shall have a board (in this Act referred to as the “Board”) established under this Act to perform the functions of the Authority.
@@ -214,7 +212,7 @@
(7) The Board shall retain in its possession the official seal of the Authority.
##### 11. **Membership of Board**
##### 11.. **Membership of Board**
**11.** (1) The Board shall consist of such number of members appointed by the Minister as the Minister may from time to time determine.
@@ -242,7 +240,7 @@
(9) The Authority shall, as soon as is practicable after a person is appointed as a member of the Board, publish in *Iris Oifigiúil* the name of the person so appointed.
##### 12. **Term of office**
##### 12.. **Term of office**
**12.** (1) Subject to *subsection (3)*, a member shall hold office for such term, not exceeding 4 years from the date of his or her appointment, as the Minister determines.
@@ -268,7 +266,7 @@
(7) Where any term of office for which a person has been reappointed under *subsection (5)* expires or is due to expire by the effluxion of time, and the Minister is satisfied that exceptional circumstances exist, the Minister may, at the request of the Board, reappoint the person for one further term notwithstanding that the further term may result in the person serving for a period of more than 8 years.
##### 13. **Conditions of membership of Board**
##### 13.. **Conditions of membership of Board**
**13.** (1) Subject to *section 21*, a member of the Board shall hold office on such terms and conditions as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determines.
@@ -282,7 +280,7 @@
(4) A resignation under *subsection (3)* takes effect on the date specified in the notice to the Minister, or on the date on which the Minister receives the notice, whichever is the later.
##### 14. **Membership of either House of Oireachtas, European Parliament or local authority**
##### 14.. **Membership of either House of Oireachtas, European Parliament or local authority**
**14.** A person is disqualified for membership of the Board while—
@@ -298,7 +296,7 @@
(f) entitled under the standing orders of a local authority to sit as a member of that local authority.
##### 15. **Ineligibility to become and disqualification to act as member of Board**
##### 15.. **Ineligibility to become and disqualification to act as member of Board**
**15.** (1) A person is not eligible for appointment as a member of the Board, and a person who has been appointed shall cease to be a member, if he or she—
@@ -318,7 +316,7 @@
(2) A person is not eligible for appointment as a member of the Board if he or she is adjudicated bankrupt and such bankruptcy has not been annulled or discharged, and a person who has been appointed shall cease to be a member if he or she is adjudicated bankrupt.
##### 16. **Removal of member of Board**
##### 16.. **Removal of member of Board**
**16.** (1) The Minister may, on the recommendation of the Board or of the Pensions Authority, remove a member of the Board from office if he or she is satisfied that—
@@ -362,7 +360,7 @@
(d) provide a copy of that statement to the member.
##### 17. **Meetings**
##### 17.. **Meetings**
**17.** (1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions.
@@ -384,7 +382,7 @@
(8) Subject to the provisions of this Act, the Board shall regulate its own procedures.
##### 18. **Audit and risk committee**
##### 18.. **Audit and risk committee**
**18.** (1) There shall be an audit and risk committee of the Board.
@@ -408,7 +406,7 @@
(6) The Board may regulate the procedure of the audit and risk committee but, subject to that, it shall regulate its own procedure.
##### 19. **Investment committee**
##### 19.. **Investment committee**
**19.** (1) There shall be an investment committee of the Board.
@@ -434,7 +432,7 @@
(6) The Board may regulate the procedure of the investment committee but, subject to that, it shall regulate its own procedure.
##### 20. **Other committees**
##### 20.. **Other committees**
**20.** (1) The Board may establish such other committees of the Board as it considers appropriate to perform such of the functions of the Authority or the Board as may be delegated to any such committee.
@@ -452,7 +450,7 @@
(8) The acts of a committee (other than a committee whose sole function is to provide advice to the Board) shall be subject to confirmation by the Board, unless the Board otherwise determines.
##### 21. **Remuneration and expenses of members of Board and committees of Board**
##### 21.. **Remuneration and expenses of members of Board and committees of Board**
**21.** (1) A member of the Board may be paid such remuneration, and such allowances for expenses (if any), as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.
@@ -462,7 +460,7 @@
(4) Any remuneration or allowances for expenses determined in accordance with *subsection (1)* or *(2)* shall be payable by the Authority out of moneys at its disposal.
##### 22. **Disclosure of interests by member of Board or of committee of Board**
##### 22.. **Disclosure of interests by member of Board or of committee of Board**
**22.** (1) This section applies to a person who is—
@@ -512,7 +510,7 @@
(8) For the purposes of this section and *section 23*, “connected person” and “material interest” shall be construed in accordance with section 2 of the Ethics in Public Office Act 1995.
##### 23. **Disclosure of interests by members of staff of Authority or other persons**
##### 23.. **Disclosure of interests by members of staff of Authority or other persons**
**23.** (1) Where a function falls to be performed by a member of the staff of the Authority, or a consultant or adviser engaged under *section 31* and, where that member of staff, consultant or adviser, or a connected person, has a material interest in a matter to which the function relates, the member of staff, consultant or adviser—
@@ -526,7 +524,7 @@
(3) Where the chief executive is satisfied that a person has contravened *subsection (1)*, the chief executive shall decide the appropriate action to be taken, which may include termination of the person’s contract of employment or contract for services.
##### 24. **Prohibition on unauthorised disclosure of confidential information**
##### 24.. **Prohibition on unauthorised disclosure of confidential information**
**24.** (1) Subject to *subsection (2)*, a person shall not disclose confidential information obtained by him or her while performing functions as—
@@ -562,9 +560,9 @@
(b) other information that is expressed by the Authority to be confidential either as regards particular information or as regards information of a particular class or description.
### Chapter 3 *Staff of Authority, engagement of consultants, advisers and service providers*
##### 25. **Appointment of chief executive**
### Chapter 3
##### 25.. **Appointment of chief executive**
**25.** (1) Subject to *subsection (2)*, the Board shall, with the consent of the Minister, appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Act 1956 to be the chief executive of the Authority (in this Act referred to as the “chief executive”).
@@ -594,7 +592,7 @@
(9) References in this Act to the chief executive shall be construed as including references to a person nominated under *subsection (7)*.
##### 26. **Functions of chief executive**
##### 26.. **Functions of chief executive**
**26.** (1) The chief executive shall—
@@ -610,7 +608,7 @@
(2) The chief executive may make proposals to the Board on any matter relating to its functions.
##### 27. **Delegation of functions**
##### 27.. **Delegation of functions**
**27.** (1) The chief executive may delegate any of his or her functions, other than a function that is subject to a condition specified by the Board that the function shall not be delegated, to a member of staff of the Authority and the member of staff shall be accountable to the chief executive for the performance of the functions so delegated.
@@ -620,7 +618,7 @@
(4) In this section, “functions” includes a function delegated by the Authority to the chief executive, except one delegated subject to a condition that the function shall not be delegated by the chief executive to another person.
##### 28. **Membership of either House of Oireachtas, European Parliament or local authority**
##### 28.. **Membership of either House of Oireachtas, European Parliament or local authority**
**28.** A person is not eligible for appointment as chief executive or a member of staff of the Authority, while—
@@ -636,7 +634,7 @@
(f) entitled under the standing orders of a local authority to sit as a member of that local authority.
##### 29. **Removal of chief executive**
##### 29.. **Removal of chief executive**
**29.** (1) The Board may, by a simple majority, remove the chief executive from office if it is satisfied that one or more of the grounds specified in *subsection (2)* apply to the chief executive.
@@ -678,7 +676,7 @@
(d) provide a copy of the statement referred to in *paragraph (b)* to the chief executive.
##### 30. **Staff of Authority**
##### 30.. **Staff of Authority**
**30.** (1) The Authority may, with the approval of the Minister and the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, appoint such persons to be members of the staff of the Authority as it may determine.
@@ -718,7 +716,7 @@
(ii) the issue of shares held by or on behalf of a Minister of the Government.
##### 31. **Engagement of consultants and advisers**
##### 31.. **Engagement of consultants and advisers**
**31.** (1) The Authority may engage such consultants and advisers for such period and subject to such terms and conditions as it considers necessary or expedient for the performance of its functions.
@@ -726,7 +724,7 @@
(3) The Authority shall comply with any directions concerning the engagement of consultants and advisers which the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may give to it.
##### 32. **Engagement of service providers**
##### 32.. **Engagement of service providers**
**32.** (1) The Authority may engage persons to provide services, other than investment management services, where the Authority considers it necessary or expedient for the performance of its functions.
@@ -746,9 +744,9 @@
(3) Fees due to a service provider are payable by the Authority out of moneys at its disposal.
### Chapter 4 *Funding, reporting and accountability*
##### 33. **Appearance before Public Accounts Committee**
### Chapter 4
##### 33.. **Appearance before Public Accounts Committee**
**33.** (1) The chief executive shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the accounts and reports of the Comptroller and Auditor General (in this section referred to as the “Committee”), give evidence to the Committee in relation to—
@@ -770,7 +768,7 @@
(4) Any evidence given under *subsection (1)* shall, subject to preserving confidentiality in relation to such commercially sensitive information as determined by the Authority, relate to the policies of the Authority.
##### 34. **Appearances before committees of Houses of Oireachtas**
##### 34.. **Appearances before committees of Houses of Oireachtas**
**34.** (1) Subject to *subsection (2)*, the chief executive shall, at the request in writing of an Oireachtas Committee, attend before it to give an account of the general administration of the Authority.
@@ -794,7 +792,7 @@
(8) With the permission of the chairperson of the Oireachtas Committee making the request under *subsection (1)*, a member of staff of the Authority nominated by the chief executive may attend before the Oireachtas Committee in place of the chief executive to give an account of the general administration of the Authority, and in that case a reference in *subsections (2)* to *(7)* to the chief executive shall be read as including a reference to the person attending in his or her place.
##### 35. **Expenses of Authority**
##### 35.. **Expenses of Authority**
**35.** (1) The Minister may, having consulted with the chief executive and with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, prescribe—
@@ -820,17 +818,17 @@
(4) The expenses incurred by the Authority in the performance of its functions shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.
##### 36. **Power to borrow**
##### 36.. **Power to borrow**
**36.** (1) The Authority may, with the consent of the Minister, the Minister for Finance and the Minister for Public Expenditure, National Development Plan Delivery and Reform and subject to such conditions (if any) as they may specify, from time to time, borrow money (whether on the security of the assets of the Authority or not).
(2) The aggregate standing borrowed under this section at any one time shall not exceed such amount as the Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.
##### 37. **Statement of strategy**
##### 37.. **Statement of strategy**
**37.** (1) The Board shall—
(a) not later than 6 months after the commencement of this section, prepare and submit to the Minister a statement of strategy in respect of the period of 3 years immediately following the year in which the statement of strategy is so submitted, and
(a) not later than 6 months after F1[the establishment day], prepare and submit to the Minister a statement of strategy in respect of the period of 3 years immediately following the year in which the statement of strategy is so submitted, and
(b) not later than 3 months before the expiry of the period of 3 years to which the statement of strategy for the time being in effect applies, prepare and submit to the Minister a statement of strategy in respect of the period of 3 years immediately following the year in which the first-mentioned statement of strategy expires.
@@ -868,7 +866,7 @@
(9) The Board shall, as soon as is practicable after the approval of a statement of strategy in accordance with *paragraph (a)* or *(b)* of *subsection (5)*, cause that statement to be published on a website maintained by or on behalf of the Authority and, where the Board considers it appropriate, in such other manner as it shall determine.
##### 38. **Annual plan**
##### 38.. **Annual plan**
**38.** (1) The Board shall prepare and submit to the Minister, at least 2 months before the commencement of each financial year, an annual plan relating to the performance of its functions, including—
@@ -882,7 +880,7 @@
(3) The Authority shall give a copy of the annual plan to such committees of either or both Houses of the Oireachtas as the Minister may direct.
##### 39. **Accounts and audits**
##### 39.. **Accounts and audits**
**39.** (1) The Authority shall keep, or cause to be kept, in such form as may be approved by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, all proper and usual accounts (in this section referred to as “annual accounts”) of all moneys received or expended by it and, in particular, shall keep in such form as may be approved by the Minister accounts and records of—
@@ -914,7 +912,7 @@
and the Authority shall pay such audit fee as may be fixed by the Minister for the examination.
##### 40. **Annual report**
##### 40.. **Annual report**
**40.** (1) The Authority shall, not later than 30 June in each year, prepare and submit to the Minister an annual report in writing on the performance of its functions during the preceding year.
@@ -950,11 +948,11 @@
(5) The Authority shall arrange for an annual report to be published, on a website maintained by or on behalf of the Authority or in any other manner as the Minister may specify, as soon as is practicable after copies of the report are laid before each House of the Oireachtas.
##### 41. **Request from Minister to Authority for report**
##### 41.. **Request from Minister to Authority for report**
**41.** The Minister may, from time to time as he or she considers appropriate, request the Authority to make a report to him or her on any matter relating to the functions of the Authority or the Board, and the Authority shall comply with the request within the period specified in the request or within such other period as may be agreed by the Minister and the Authority.
##### 42. **Production of statistical data**
##### 42.. **Production of statistical data**
**42.** (1) The Authority shall publish on a website maintained by or on behalf of the Authority—
@@ -966,7 +964,7 @@
(2) The Authority shall perform the functions in *subsection (1)* in a transparent, independent and accountable manner with due respect for the protection of confidential information.
##### 43. **Power to monitor, review and make recommendations**
##### 43.. **Power to monitor, review and make recommendations**
**43.** (1) The Authority shall monitor and review the operation and effectiveness of this Act and the automatic enrolment retirement savings system, including the adequacy of the functions assigned to the Authority.
@@ -1000,9 +998,9 @@
(7) The Authority shall publish the report of the findings of a review and its recommendations, if any, on a website maintained by or on behalf of the Authority.
### Chapter 5 *Supervisory report by Pensions Authority*
##### 44. **Supervisory report by Pensions Authority**
### Chapter 5
##### 44.. **Supervisory report by Pensions Authority**
**44.** (1) After the end of each reporting period the Pensions Authority shall, in accordance with *section 45*, prepare and submit to the Minister a report, referred to in this section as a “supervisory report”.
@@ -1060,13 +1058,13 @@
(6) In this section, “reporting period” means—
(a) where the period beginning with the day on which this section comes into operation and ending with 31 December in the same year is not less than 6 months, that period, or
(b) where the period beginning with the day on which this section comes into operation and ending with 31 December in the same year is less than 6 months, that period together with the following year,
(a) where the period beginning with F2[the establishment day] and ending with 31 December in the same year is not less than 6 months, that period, or
(b) where the period beginning with F3[the establishment day] and ending with 31 December in the same year is less than 6 months, that period together with the following year,
and each subsequent year.
##### 45. **Preparation and submission of supervisory report by Pensions Authority**
##### 45.. **Preparation and submission of supervisory report by Pensions Authority**
**45.** (1) Before submitting a supervisory report to the Minister the Pensions Authority shall, not later than 31 March after the reporting period to which the report relates, send the Board a draft of the report.
@@ -1090,7 +1088,7 @@
(9) In this section, “reporting period” and “supervisory report” have the same meaning as in *section 44*.
##### 46. **Annual fee payable to Pensions Authority**
##### 46.. **Annual fee payable to Pensions Authority**
**46.** (1) The Authority shall pay an annual fee to the Pensions Authority.
@@ -1098,11 +1096,11 @@
(3) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, prescribe the amount of the fee.
## **PART 3** **Enrolment and Contributions**
### Chapter 1 *Preliminary*
##### 47. **Interpretation (*Part 3*)**
## PART 3 Enrolment and Contributions
### Chapter 1
##### 47.. **Interpretation (Part 3)**
**47.** (1) In this Part—
@@ -1142,19 +1140,19 @@
(5) References in this Part to payments of emoluments include references to payments on account of emoluments.
##### 48. **Death of employer**
##### 48.. **Death of employer**
**48.** Where an employer dies, anything which the employer would have been liable to do under this Part shall be done by the employer’s personal representative, or, in the case of an employer who paid emoluments on behalf of another person, by the person succeeding the employer or, if there is no such person, the person on whose behalf the employer paid emoluments.
### Chapter 2 *Enrolment*
##### 49. **Participants**
### Chapter 2
##### 49.. **Participants**
**49.** For the purpose of this Act, a person becomes a participant on the enrolment date assigned to that person under *section 50(1)* or *53(1)*.
##### 50. **Automatic enrolment**
**50.** (1) Where the Authority determines that a person satisfies the conditions for enrolment in any pay reference period, the Authority shall assign the last day of that period as the person’s enrolment date.
##### 50.. **Automatic enrolment**
**50.** F4[(1) Where the Authority determines that a person satisfies the conditions for enrolment in any pay reference period, the Authority shall assign the last day of that period or such later date as the Authority may determine, being not later than 31 days after the last day of the pay reference period concerned as the person’s enrolment date.]
(2) The conditions for enrolment for any pay reference period are—
@@ -1176,11 +1174,11 @@
(6) Where under *subsection (1)* the Authority determines that a person satisfies the conditions for enrolment, the Authority shall give notice of the determination and of the enrolment date to any person treated for the purposes of the determination as that person’s employer in employment that is not exempt employment.
(7) An employer to whom notice is given under *subsection (6)* shall give notice of the determination and the enrolment date to the employee concerned.
F5[(7) An employer to whom notice is given under*subsection (6)*shall, as soon as may be, but not later than 14 days after receipt of the notice, give notice of the determination and the enrolment date to the employee concerned.]
(8) An employer to whom notice is given under *subsection (6)*, who fails to give notice of the determination and the enrolment date in accordance with *subsection (7)*, is guilty of an offence.
##### 51. **Exempt employment**
##### 51.. **Exempt employment**
**51.** (1) For the purposes of this Act, an employee’s employment is exempt employment at any time if at that time—
@@ -1224,9 +1222,9 @@
(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 2019[^1].
##### 52. **Standards for purposes of *section 51***
(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 2019^1.
##### 52.. **Standards for purposes of section 51**
**52.** (1) The Authority, in consultation with the Pensions Authority, shall draw up—
@@ -1252,7 +1250,7 @@
(6) The Authority and the Minister shall exercise their functions under this section with a view to ensuring that the first standards drawn up under each of *paragraphs (a)*, *(b)*, *(c)* and *(d)* of *subsection (1)* apply for the purposes of *section 51* from a date no later than the beginning of years 7 to 9.
##### 53. **Right to opt in**
##### 53.. **Right to opt in**
**53.** (1) Where a person who is not a participant makes an application under this section and the Authority determines by reference to a date (the “proposed enrolment date”) that the person is entitled under *subsection (2)* to opt in, the Authority shall assign that date as the person’s enrolment date.
@@ -1280,11 +1278,11 @@
(7) Where the Authority determines under *subsection (1)* or *(3)* that a person is entitled to opt in, the Authority shall give notice of the determination and of the enrolment date referred to in *subsection (1)* or the re-enrolment date referred to in *subsection (3)* to any person treated for the purposes of the determination as that person’s employer in employment that is not exempt employment.
(8) An employer to whom notice is given under *subsection (7)* shall give notice of the determination and the enrolment date or re-enrolment date, as the case may be, to the employee concerned.
F6[(8) An employer to whom notice is given under*subsection (7)*shall, as soon as may be, but not later than 14 days after receipt of that notice, give notice of the determination and the enrolment date or re enrolment date, as the case may be, to the employee concerned.]
(9) An employer to whom notice is given under *subsection (7)*, who fails to give notice of the determination and the enrolment date or re-enrolment date in accordance with *subsection (8)*, is guilty of an offence.
##### 54. **Right to opt-out**
##### 54.. **Right to opt-out**
**54.** (1) Where a participant makes an application to the Authority under this section in an opt out window, the Authority shall assign a date as the participant’s opt-out date.
@@ -1306,7 +1304,7 @@
(b) a participant is treated as having opted out for the period beginning with the opt out date and ending with any subsequent re-enrolment date.
##### 55. **Automatic re-enrolment**
##### 55.. **Automatic re-enrolment**
**55.** (1) Where a person has opted out, and the Authority determines by reference to a date (the “proposed re-enrolment date”) that the person satisfies the conditions for re enrolment, the Authority shall assign that date as the person’s re-enrolment date.
@@ -1324,7 +1322,7 @@
(b) any person treated for the purposes of the determination as that person’s employer in employment that is not exempt employment.
##### 56. **Power to amend age limits and earnings threshold**
##### 56.. **Power to amend age limits and earnings threshold**
**56.** (1) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform—
@@ -1356,9 +1354,9 @@
(h) any other matters the Minister considers relevant.
### Chapter 3 *Contributions*
##### 57. **Contributing participants**
### Chapter 3
##### 57.. **Contributing participants**
**57.** (1) For the purposes of this Act, subject to *subsections (2)* and *(3)*, a participant who is under pensionable age is a contributing participant.
@@ -1370,7 +1368,7 @@
(3) A participant who suspends contributions under *section 62* ceases to be a contributing participant for the period of suspension.
##### 58. **Contributions**
##### 58.. **Contributions**
**58.** (1) In the case of each contributing participant—
@@ -1394,7 +1392,7 @@
(5) A payroll notification or notification under *section 60* may include, in the calculation of contributions to which it relates, an adjustment for any error in the amount of past contributions.
##### 59. **Payment of participant contribution and employer contribution**
##### 59.. **Payment of participant contribution and employer contribution**
**59.** (1) Where an employer of a participant has received a payroll notification relating to the participant, the employer shall, in accordance with the notification, on or before making any payment of emoluments to the participant—
@@ -1412,7 +1410,7 @@
(3) Where an employer pays to the Authority a contribution deducted from emoluments in accordance with *subsection (1)*, the employer is acquitted and discharged of the sum represented by the contribution as if the employer had actually paid that sum to the employee.
##### 60. **Payment of State contribution**
##### 60.. **Payment of State contribution**
**60.** Where the Minister receives a notification from the Authority relating to State contributions payable in respect of a participant, the Minister shall in accordance with the notification—
@@ -1420,7 +1418,7 @@
(b) pay the contributions to the Authority.
##### 61. **Rates of contribution**
##### 61.. **Rates of contribution**
**61.** (1) The rate of participant contributions and employer contributions in respect of a contributing participant in any employment shall be:
@@ -1442,7 +1440,7 @@
(d) for a payment of emoluments after the end of years 7 to 9, 2 per cent.
##### 62. **Suspension of contributions**
##### 62.. **Suspension of contributions**
**62.** (1) A participant may suspend contributions in accordance with this section.
@@ -1466,7 +1464,7 @@
(b) the period within which the notice shall be given.
##### 63. **Repayment of contributions on opting out**
##### 63.. **Repayment of contributions on opting out**
**63.** (1) Where a participant has opted out, the Authority shall repay to the participant, subject to *subsection (3)*, the participant contributions paid by the participant in respect of payments of emoluments in the mandatory participation period.
@@ -1492,7 +1490,7 @@
(c) where the participant opted out in the opt-out window referred to in *section 54(2)(e)*, the difference between the contribution paid and the contribution that would have been payable if the rate applicable in years 7 to 9 continued to apply.
##### 64. **Repayment of contributions in prescribed circumstances**
##### 64.. **Repayment of contributions in prescribed circumstances**
**64.** (1) The Authority shall repay contributions paid by or in respect of a person in such circumstances and in such manner and in accordance with such procedure as shall be prescribed.
@@ -1504,15 +1502,15 @@
(3) For the purposes of this section, an overpayment of contributions includes a payment of contributions in circumstances where the factual basis on which the payment is made is found to have been incorrect or requires to be adjusted in the light of a later decision, if the factual basis as corrected or adjusted ought to have resulted in a lower payment, or in no payment.
##### 65. **Power to amend earnings limit**
##### 65.. **Power to amend earnings limit**
**65.** (1) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, prescribe a different amount than the amount specified in *section 58(3)*.
(2) An amount prescribed under *subsection (1)* shall be such as the Minister considers appropriate having regard to the matters referred to in *section 56(2)*.
### Chapter 4 *Further power to make regulations*
##### 66. **Further power to make regulations**
### Chapter 4
##### 66.. **Further power to make regulations**
**66.** (1) The Minister may make regulations providing for any of the following matters:
@@ -1548,9 +1546,9 @@
(2) In *subsection (1)(b)*, the reference to employment with the employer, in the case of an employer who pays emoluments on behalf of another person, is a reference to employment with the person on whose behalf the employer pays emoluments.
## **PART 4** **Investment**
##### 67. **Definitions (*Part 4)***
## PART 4 Investment
##### 67.. **Definitions (Part 4)**
**67.** In this Part—
@@ -1568,7 +1566,7 @@
“unit”, in relation to an AE provider scheme, includes a share and any other instrument granting an entitlement to share in the investments or relevant income of a UCITS or an alternative investment fund.
##### 68. **Investment management providers**
##### 68.. **Investment management providers**
**68.** (1) The Authority shall appoint a person or persons to provide investment management services for the purposes of this Part.
@@ -1578,7 +1576,11 @@
(4) An investment management contract shall include—
(a) provision under which the investment management provider and any subcontractor shall be a regulated financial service provider,
F1[(a) provision—
(i) under which the investment management provider shall be a regulated financial service provider, and
(ii) that the Authority may require that any specified subcontractor to the investment management provider be a regulated financial service provider,]
(b) provision under which the provider or any subcontractor may be subject to a penalty, which may include termination of the contract or subcontract for any contravention of financial services legislation if it appears to the Authority that the contravention affects or may affect the provision of the services to which the contract relates,
@@ -1596,7 +1598,7 @@
(b) any other legislation applying to the provision of financial services under the investment management contract between the Authority and that person.
##### 69. **AE provider schemes and risk levels**
##### 69.. **AE provider schemes and risk levels**
**69.** (1) An investment management contract shall require the investment management provider to provide a UCITS or an alternative investment fund for the purposes of this Part within each of the risk levels that have effect in accordance with *subsection (3)*.
@@ -1632,7 +1634,7 @@
(d) without prejudice to *paragraph (c)*, the extent to which a scale and methodology, and custom and practice, referred to in that paragraph take into account climate related risks.
##### 70. **Assignment of contributions to appropriate risk level**
##### 70.. **Assignment of contributions to appropriate risk level**
**70.** (1) Amounts received by the Authority as contributions in respect of a participant shall be assigned by the Authority to the appropriate risk level.
@@ -1660,7 +1662,7 @@
(b) for this Part to apply, for the purposes of provision under *paragraph (a)*, in relation to a part of a participant’s contributions as it would apply, but for the regulations, in relation to the participant’s contributions as a whole.
##### 71. **Power to provide for selection of more than one risk level**
##### 71.. **Power to provide for selection of more than one risk level**
**71.** (1) The Minister may by regulations provide—
@@ -1684,7 +1686,7 @@
(4) A person may be appointed for the purposes of *subsection (3)(a)(ii)* only if the Minister is satisfied that the person is sufficiently independent of the Minister and the Authority.
##### 72. **Investment of contributions**
##### 72.. **Investment of contributions**
**72.** (1) Subject to any fees payable under regulations made under *section 35*, an amount assigned by the Authority to a risk level, in accordance with *section 70(1)*, shall be transferred by the Authority to the investment management providers.
@@ -1706,7 +1708,7 @@
(b) shall be recorded by the Authority in the participant’s account.
##### 73. **Transfer between AE provider schemes**
##### 73.. **Transfer between AE provider schemes**
**73.** (1) Where there is a change from one risk level (the “old level”) to another (the “new level”) as the appropriate risk level in relation to a participant for the purposes of *section 70(1)*, any investments held by the Authority on behalf of the participant in the form of units in an AE provider scheme within the old level shall be transferred in accordance with regulations to an AE provider scheme within the new level, subject to any provision made under *section 70* or *section 71*.
@@ -1718,7 +1720,7 @@
(b) any amount transferred from an AE provider scheme provided by a person ceasing to be an investment management provider, at a time when there are two or more other investment management providers, is divided equally between AE provider schemes provided by those other providers.
##### 74. **Investment rules**
##### 74.. **Investment rules**
**74.** (1) An investment management provider shall invest the resources of each AE provider scheme provided by that provider—
@@ -1770,13 +1772,13 @@
(b) a unit trust which neither is, nor is deemed to be, an authorised unit trust scheme within the meaning of the Unit Trusts Act 1990,
(c) an undertaking for collective investment in transferable securities within the meaning given by Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009[^2] on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (recast), situated in any Member State,
(c) an undertaking for collective investment in transferable securities within the meaning given by Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009^2 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (recast), situated in any Member State,
(d) a common contractual fund within the meaning of section 739I(1)(a)(i) of the Taxes Consolidation Act 1997, or
(e) an alternative investment fund within the meaning given by Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011[^3] on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No. 1060/2009 and (EU) No. 1095/2010, situated in any Member State;
“Directive of 2016” means Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016[^4] on the activities and supervision of institutions for occupational retirement provision (IORPs) (recast);
(e) an alternative investment fund within the meaning given by Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011^3 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No. 1060/2009 and (EU) No. 1095/2010, situated in any Member State;
“Directive of 2016” means Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016^4 on the activities and supervision of institutions for occupational retirement provision (IORPs) (recast);
“insurance policy” means an insurance policy or contract of assurance issued by any person who is the holder of an authorisation—
@@ -1784,11 +1786,11 @@
(b) granted by the authority charged with the duty of supervising the activities of insurance undertakings in a Member State other than the State in accordance with the Solvency II Directive;
“Solvency II Directive” means Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009[^5] on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (recast).
“Solvency II Directive” means Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009^5 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (recast).
(6) Subject to *subsection (5)*, a word or expression used in this section or *section 75* and in subsection (2), (3) or (5) of section 59AB of the Pensions Act 1990 has, unless the context otherwise requires, the same meaning in this section or *section 75* as it has in subsection (2), (3) or (5) of section 59AB of the Pensions Act 1990.
##### 75. **Contractual provision on environmental and other matters**
##### 75.. **Contractual provision on environmental and other matters**
**75.** (1) An investment management contract shall require the investment management provider to—
@@ -1802,13 +1804,13 @@
(3) An investment management contract shall include provision for the obligations of the State under international agreements on environmental sustainability and climate change to be taken into account in carrying out the contract.
##### 76. **Participants’ accounts**
##### 76.. **Participants’ accounts**
**76.** The Authority shall keep an account for each participant, recording—
(a) the contributions received by the Authority in respect of the participant,
(b) any repayment of contributions under *section 63 or 64*,
(b) any repayment of contributions under *section 63* or *64*,
(c) the information referred to in *section 72(5)(b)*,
@@ -1820,7 +1822,7 @@
(g) any other information the Authority considers appropriate.
##### 77. **Amendment of Investment Intermediaries Act 1995**
##### 77.. **Amendment of Investment Intermediaries Act 1995**
**77.** Section 2(6) of the Investment Intermediaries Act 1995 is amended—
@@ -1830,11 +1832,11 @@
“(o) *An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir*.”.
## **PART 5** **Payment out of Accounts**
### Chapter 1 *Interpretation and general*
##### 78. **Interpretation (*Part 5*)**
## PART 5 Payment out of Accounts
### Chapter 1
##### 78.. **Interpretation (Part 5)**
**78.** In this Part—
@@ -1848,7 +1850,7 @@
(b) where the units are redeemed after that date, the amount determined to be their value on that date by procedures specified by the Authority and published by it on a website maintained by or on behalf of the Authority.
##### 79. **Notification and verification of death**
##### 79.. **Notification and verification of death**
**79.** (1) The Authority shall specify, and publish on a website maintained by or on behalf of the Authority, the requirements for the notification and verification of deaths for the purpose of this Part.
@@ -1860,7 +1862,7 @@
(3) A notification of death referred to in *subsection (2)(a)* shall be disregarded for the purposes of this Part if the Authority takes the steps to verify the death that comply with the requirements specified under *subsection (1)*, and after doing so is unable to verify it.
##### 80. **Provision of benefits under arrangements made by Authority**
##### 80.. **Provision of benefits under arrangements made by Authority**
**80.** The Minister may, by regulations, make provision under which an amount that would otherwise fall to be paid to a participant under *Chapter 2* or *3* may, at the option of the participant, be applied by the Authority by way of—
@@ -1872,9 +1874,9 @@
for the payment of benefits to or in respect of the participant.
### Chapter 2 *Payment, other than early payment, to or in respect of participant*
##### 81. **Redemption date**
### Chapter 2
##### 81.. **Redemption date**
**81.** (1) Subject to *subsection (2)*, a participant’s redemption date for the purposes of this Chapter is the date on which the participant reaches pensionable age.
@@ -1884,7 +1886,7 @@
(b) the date on which the participant would have reached pensionable age.
##### 82. **Redemption of units**
##### 82.. **Redemption of units**
**82.** (1) On or as soon as is practicable after a participant’s redemption date, the Authority shall—
@@ -1898,7 +1900,7 @@
(2) Where, before sending a notification under *subsection (1)(d)*, the Authority is notified of the death of the participant, the notification under *subsection (1)(d)* shall be sent to the participant’s personal representative.
##### 83. **Payment to participant at or after pensionable age**
##### 83.. **Payment to participant at or after pensionable age**
**83.** (1) Where a participant makes an application to the Authority to withdraw the balance referred to in a notification under *section 82(1)(d)*, the Authority shall promptly—
@@ -1908,7 +1910,7 @@
(2) The Authority shall specify, and publish on a website maintained by or on behalf of the Authority, the procedure for applications and payments made in accordance with *subsection (1)*.
##### 84. **Payment in the event of death of participant**
##### 84.. **Payment in the event of death of participant**
**84.** (1) Where—
@@ -1922,9 +1924,9 @@
(3) The Authority shall specify, and publish on a website maintained by or on behalf of the Authority, the procedure for applications and payments made in accordance with *subsections (1)* and *(2)*.
### Chapter 3 *Early payment on grounds of incapacity or exceptional ill-health*
##### 85. **Application for early payment on grounds of incapacity or exceptional ill-health**
### Chapter 3
##### 85.. **Application for early payment on grounds of incapacity or exceptional ill-health**
**85.** (1) A participant may apply to the Authority for early access to his or her balance on the grounds that, before reaching pensionable age, the participant—
@@ -1940,7 +1942,7 @@
(a) give the reasons for the refusal;
(b) state that the participant is entitled to a review of the determination under *section 114.*
(b) state that the participant is entitled to a review of the determination under *section 114*.
(5) The Minister may prescribe the circumstances in which a participant is to be regarded for the purpose of this section as—
@@ -1958,7 +1960,7 @@
(b) incapacity affects a participant’s earning capacity.
##### 86. **Redemption of units for early payment**
##### 86.. **Redemption of units for early payment**
**86.** (1) On or as soon as is practicable after the date on which an application by a participant under *section 85* is allowed under *subsection (2)* of that section, on review under *section 114* or on appeal under *section 116*, the Authority shall—
@@ -1994,7 +1996,7 @@
(3) In this section, “acquisition price” means, in relation to a unit, the amount transferred to an investment management provider to invest in that unit under *section 72(1)*.
##### 87. **Making of early payment**
##### 87.. **Making of early payment**
**87.** Where the Authority gives a notification under *section 86(1)(d)*, it shall also promptly—
@@ -2002,13 +2004,13 @@
(b) where regulations under *section 80* apply, transfer that amount in accordance with the regulations for the payment of benefits to or in respect of the participant.
##### 88. **Procedure for applications and payments under *Chapter 3***
##### 88.. **Procedure for applications and payments under Chapter 3**
**88.** The Authority shall specify, and publish on a website maintained by or on behalf of the Authority, the procedure for the making of applications and payments in accordance with this Chapter and regulations made under it.
### Chapter 4 *Unclaimed balances*
##### 89. **Interpretation (*Chapter 4*)**
### Chapter 4
##### 89.. **Interpretation (Chapter 4)**
**89.** (1) In this Chapter—
@@ -2036,7 +2038,7 @@
(2) This Chapter and the Dormant Accounts Acts 2001 to 2012 may be cited together as the Dormant Accounts Acts 2001 to 2024.
##### 90. **Unclaimed balances**
##### 90.. **Unclaimed balances**
**90.** (1) For the purposes of this Chapter, a balance is an unclaimed balance if a dormancy period, beginning on or after the date on which a notification of eligibility for withdrawal was issued, has ended, and in the dormancy period—
@@ -2048,7 +2050,7 @@
(2) In *subsection (1)*, “notification of eligibility for withdrawal”, in relation to a balance, means a notification issued by the Authority under *section 82(1)(d)* or *section 86(1)(d)* that the balance is eligible for withdrawal.
##### 91. **Notice of unclaimed balance**
##### 91.. **Notice of unclaimed balance**
**91.** (1) Subject to *subsection (2)*, the Authority shall take all reasonable steps to give the participant entitled to an unclaimed balance, as soon as is practicable after the end of the dormancy period referred to in *section 90(1)*, written notice of the following:
@@ -2066,7 +2068,7 @@
(4) The Minister may prescribe additional steps for the Authority to take to give a person notice of an unclaimed balance under this section.
##### 92. **Publication of notice**
##### 92.. **Publication of notice**
**92.** (1) Where there are unclaimed balances in respect of which the Authority has taken all reasonable steps to notify a person under *section 91(1)* or *(2)*, and those steps have failed, the Authority shall publish a notice in 2 or more daily newspapers circulating in the State and in *Iris Oifigiúil*.
@@ -2092,7 +2094,7 @@
(4) Copies of a notice published under this section shall be published on a website maintained by or on behalf of the Authority.
##### 93. **Transfer of moneys to Dormant Accounts Fund**
##### 93.. **Transfer of moneys to Dormant Accounts Fund**
**93.** (1) Where in respect of an unclaimed balance—
@@ -2104,7 +2106,7 @@
(2) On making a transfer to the Dormant Accounts Fund under this section the Authority shall furnish to the NTMA a written statement specifying the total amount of moneys transferred.
##### 94. **Register of unclaimed balances**
##### 94.. **Register of unclaimed balances**
**94.** (1) The Authority shall keep a register of unclaimed balances.
@@ -2140,7 +2142,7 @@
(5) The Authority shall, from time to time, review each entry in the register and if it becomes aware that any particular in the register is incorrect or has ceased to be correct, it shall make such alteration to the register as it considers necessary.
##### 95. **Disclosure of information for statistical purposes**
##### 95.. **Disclosure of information for statistical purposes**
**95.** (1) The Minister, following consultation with the Minister for Rural and Community Development, may, for statistical purposes only, make regulations providing for the disclosure by the Authority of the information specified in *subsection (2)*—
@@ -2164,11 +2166,11 @@
and the first statement shall be furnished not later than 10 working days after 30 April 2042.
##### 96. **Rights of participants**
##### 96.. **Rights of participants**
**96.** The transfer of moneys to the Dormant Accounts Fund under *section 93* is without prejudice to the rights of any person under this Part.
##### 97. **Application for unclaimed balance**
##### 97.. **Application for unclaimed balance**
**97.** (1) Where a person who makes an application for an unclaimed balance in respect of which moneys have been transferred to the Dormant Accounts Fund under *section 93* proves to the satisfaction of the Authority that the person making the application (referred to in this section as the “applicant”) is the participant or the participant’s personal representative, the Authority shall—
@@ -2192,7 +2194,7 @@
(b) provide to the applicant a written statement of the moneys payable under the unclaimed balance and of any charges or deductions made.
##### 98. **Confidentiality**
##### 98.. **Confidentiality**
**98.** Where the Authority—
@@ -2202,7 +2204,7 @@
the Authority shall not refer to a participant or his or her personal representative by name or in any manner by which he or she could be identified as being a participant or personal representative.
##### 99. **Statement of compliance**
##### 99.. **Statement of compliance**
**99.** (1) The Authority shall furnish a statement of compliance to the Pensions Authority, not later than one month after the end of each financial year, stating, if this is the case, that it has complied with this Part in respect of the following:
@@ -2216,9 +2218,9 @@
(2) The statement shall be signed by a person authorised, in writing, by the Authority and shall include any qualifications or explanations that the Authority considers appropriate.
## **PART 6** **Communications and Services**
##### 100. **Definitions (*Part 6*)**
## PART 6 Communications and Services
##### 100.. **Definitions (Part 6)**
**100.** In this Part—
@@ -2226,7 +2228,7 @@
“electronic system” means a secure information technology platform, portal, web application, digital application or other similar interface maintained by, or on behalf of, the Authority which requires personal log-in details.
##### 101. **Electronic system to be used by default**
##### 101.. **Electronic system to be used by default**
**101.** (1) Subject to this section and to *section 103*—
@@ -2262,7 +2264,7 @@
(5) This section does not apply to a requirement to give notice under *section 91* or *92* or to give information to the public.
##### 102. **Provision of information to public by Authority**
##### 102.. **Provision of information to public by Authority**
**102.** The Authority—
@@ -2272,7 +2274,7 @@
information for the public about the Authority and about the operation of this Act.
##### 103. **Provision for communications and services otherwise than online**
##### 103.. **Provision for communications and services otherwise than online**
**103.** (1) The Authority shall make arrangements under which any person to whom it is required to give a communication under this Act may apply to have the communication provided by the Authority as a printed copy.
@@ -2286,7 +2288,7 @@
(3) The Authority shall specify, and publish on a website maintained by or on behalf of the Authority, the procedure for applications under *subsections (1)* and *(2)*.
##### 104. **Powers to make provision for purposes of communications and services**
##### 104.. **Powers to make provision for purposes of communications and services**
**104.** (1) The Minister may make regulations providing for any of the following matters:
@@ -2320,7 +2322,7 @@
(e) the manner in which services referred to in *paragraph (d)* are to be provided.
##### 105. **Participants’ annual statements**
##### 105.. **Participants’ annual statements**
**105.** (1) The Authority shall at intervals of not more than 12 months provide a statement (in this section referred to as an “annual statement”) to each participant.
@@ -2358,7 +2360,7 @@
(c) the form and content of annual statements.
##### 106. **Amendment and application of Freedom of Information Act 2014**
##### 106.. **Amendment and application of Freedom of Information Act 2014**
**106.** (1) The Freedom of Information Act 2014 is amended, in Part 1 of Schedule 1—
@@ -2382,13 +2384,13 @@
(2) Notwithstanding section 6(12) of the Freedom of Information Act 2014, the obligations under that Act shall apply to the Authority on and from the date of its establishment in accordance with *Part 2*.
## **PART 7** **Information Sharing and Data Protection**
##### 107. **Definition (*Part 7*)**
## PART 7 Information Sharing and Data Protection
##### 107.. **Definition (Part 7)**
**107.** In this Part, “Act of 2018” means the Data Protection Act 2018.
##### 108. **Information sharing**
##### 108.. **Information sharing**
**108.** (1) The Authority and a specified body may share information where it is necessary and proportionate for the purpose of the performance of a function of the Authority or the specified body under this Act.
@@ -2432,13 +2434,13 @@
(m) such other body as may be prescribed by the Minister for the purposes of this section.
##### 109. **Disclosure of certain information to Minister for Enterprise, Trade and Employment, etc.**
##### 109.. **Disclosure of certain information to Minister for Enterprise, Trade and Employment, etc.**
**109.** (1) Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of information obtained by or furnished to the Authority, the Authority may transfer to the Minister for Enterprise, Trade and Employment or the Workplace Relations Commission such information held by the Authority in relation to a person’s enrolment under this Act as may be required by the Workplace Relations Commission for the performance of its functions and information of this type held by the Minister for Enterprise, Trade and Employment or the Workplace Relations Commission may be transferred by the Minister for Enterprise, Trade and Employment or the Workplace Relations Commission, as the case may be, to the Authority.
(2) Information transferred by the Authority under *subsection (1)* to the Minister for Enterprise, Trade and Employment or the Workplace Relations Commission may be used only by the Minister for Enterprise, Trade and Employment or the Workplace Relations Commission, as the case may be, in the exercise of their powers and functions in relation to employment rights compliance and shall not be disclosed by the Minister for Enterprise, Trade and Employment or the Workplace Relations Commission to any other person (other than to each other) for any other purpose whatsoever.
##### 110. **Amendment of Social Welfare Consolidation Act 2005**
##### 110.. **Amendment of Social Welfare Consolidation Act 2005**
**110.** The Social Welfare Consolidation Act 2005 is amended—
@@ -2458,7 +2460,7 @@
“*An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir*,”.
##### 111. **Processing of personal data and special categories of personal data**
##### 111.. **Processing of personal data and special categories of personal data**
**111.** (1) The Authority may process personal data, including special categories of personal data, in accordance with the General Data Protection Regulation and the Act of 2018 and any regulations under *section 112* where necessary and proportionate for the performance of its functions under this Act.
@@ -2472,13 +2474,13 @@
“controller” means a controller within the meaning of the General Data Protection Regulation;
“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^6] on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^6 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
“special categories of personal data” has the same meaning as it has in the Act of 2018.
(6) A word or expression that is used in this section or *section 112* and in the General Data Protection Regulation or the Act of 2018 has, unless the context otherwise requires, the same meaning in those sections that it has in the General Data Protection Regulation or the Act of 2018.
##### 112. **Regulations for purposes of data protection**
##### 112.. **Regulations for purposes of data protection**
**112.** The Minister may for the purposes of this Act prescribe:
@@ -2496,9 +2498,9 @@
(g) where possible, the proposed time limit within which each category of personal data shall be erased.
## **PART 8** **Reviews and Appeals**
##### 113. **Definitions (*Part 8*)**
## PART 8 Reviews and Appeals
##### 113.. **Definitions (Part 8)**
**113.** In this Part—
@@ -2512,7 +2514,7 @@
“reviewer” in relation to a review request, means the person appointed under *section 114(3)* to review the relevant determination.
##### 114. **Determinations subject to internal review**
##### 114.. **Determinations subject to internal review**
**114.** (1) This section applies if a person makes a request in writing to the Authority in accordance with the requirements set out in *subsection (2)* for a review of any of the following:
@@ -2584,7 +2586,7 @@
(10) The Minister may make regulations in relation to the procedures for the conduct of reviews under this section, which may include procedures relating to the time limits for the deciding of reviews under *subsection (4)* and the giving of notices under *subsection (6)*.
##### 115. **Appeals officer**
##### 115.. **Appeals officer**
**115.** (1) The Minister shall appoint a panel of suitable persons from among the staff of the Authority (each referred to in this Part as an “appeals officer”) to consider appeals received under *section 116(1)*.
@@ -2592,7 +2594,7 @@
(3) The Minister may revoke an appointment under *subsection (1)* for stated reasons.
##### 116. **Appeals**
##### 116.. **Appeals**
**116.** (1) An applicant who is dissatisfied with a decision of the reviewer under *section 114(4)* may, within 30 days of the date on which the notification under *section 114(5)* is sent to him or her, appeal the decision.
@@ -2654,7 +2656,7 @@
(d) the making of requests for further documentation or information by the appeals officer.
##### 117. **Appeal to High Court**
##### 117.. **Appeal to High Court**
**117.** (1) The applicant, within 28 days of the date on which a notification under *section 116(9)* is sent to him or her, or any person treated for the purposes of the relevant determination or any substituted determination as an employer in employment that is not exempt employment, if different to the applicant, within 28 days of the date on which the notification under *section 116(10)* is sent to him or her, may appeal the determination of the appeals officer to the High Court on a point of law.
@@ -2664,7 +2666,7 @@
(b) be final and conclusive.
##### 118. **Effect of decision**
##### 118.. **Effect of decision**
**118.** (1) Where a decision under *section 114(4)* or *116(8)* substitutes for a relevant determination specified in *paragraph (a)*, *(b)*, *(d)* or *(f)* of *section 114(1)* a determination that results in a person to whom the determination applies no longer being a contributing participant—
@@ -2710,7 +2712,7 @@
(b) any contributions payable in respect of that employee shall be payable from that date.
##### 119. **Amendment of Financial Services and Pensions Ombudsman Act 2017**
##### 119.. **Amendment of Financial Services and Pensions Ombudsman Act 2017**
**119.** The Financial Services and Pensions Ombudsman Act 2017 is amended—
@@ -2760,11 +2762,11 @@
(b) in section 4(2), by the substitution, in subparagraph (c)(ii), of “subparagraph (a)(iv)” for “paragraph (d)”.
## **PART 9** **Compliance and Enforcement**
### Chapter 1 *Interpretation*
##### 120. **Interpretation (*Part 9*)**
## PART 9 Compliance and Enforcement
### Chapter 1
##### 120.. **Interpretation (Part 9)**
**120.** (1) In this Part—
@@ -2808,9 +2810,9 @@
(b) references to contributions payable by an employer, or which an employer is liable to pay, include employer contributions and participant contributions.
### Chapter 2 *Authorised officers and compliance*
##### 121. **Authorised officers**
### Chapter 2
##### 121.. **Authorised officers**
**121.** (1) The chief executive may, with the consent of the Minister, appoint such and so many persons as he or she considers appropriate to be an authorised officer for the purposes of this Act.
@@ -2824,7 +2826,7 @@
(c) in the case of a person who is a member of the staff of the Authority, if the person ceases to be a member of the staff.
##### 122. **Powers of authorised officers**
##### 122.. **Powers of authorised officers**
**122.** (1) For the purposes of this Act, an authorised officer may—
@@ -2872,7 +2874,7 @@
“premises” includes a vehicle, aircraft, vessel, ship, railway carriage or other means of transport.
##### 123. **Compliance notice**
##### 123.. **Compliance notice**
**123.** (1) Where an authorised officer is satisfied that a person has contravened a provision to which this section applies, the authorised officer may serve a notice (in this Part referred to as a “compliance notice”) on the person.
@@ -2918,9 +2920,9 @@
(b) the day falling immediately after the expiration of the period of 7 days from the date on which the District Court so affirms the notice, where an appeal against the notice is brought under *subsection (5)* and the District Court affirms the notice in accordance with *subsection (7)(a)*.
(12) This section applies to *sections 128* and *131*.
##### 124. **Fixed payment notice**
F7[(12) This section applies to*sections 50(7)*,*53(8)*,*128*and*131*.]
##### 124.. **Fixed payment notice**
**124.** (1) Where an authorised officer has reasonable grounds for believing that a person is committing, or has committed, a relevant offence, the authorised officer may serve a notice in writing (in this Part referred to as a “fixed payment notice”) in the prescribed form stating that—
@@ -2948,9 +2950,9 @@
(4) The Minister may prescribe the amount of a fixed payment and may prescribe different amounts for different offences.
(5) In this section, “relevant offence” means an offence under *section 128* or *131*.
##### 125. **Legal privilege**
F8[(5) In this section, ‘relevant offence’ means an offence under*section 50(8)*,*53(9)*,*128*or*131*.]
##### 125.. **Legal privilege**
**125.** (1) Subject to *subsection (2)*, nothing in this Act shall compel the disclosure by any person of privileged legal material or authorise the taking of privileged legal material.
@@ -2986,7 +2988,7 @@
“privileged legal material” means information which, in the opinion of the court, a person is entitled to refuse to produce on the grounds of legal professional privilege.
##### 126. **Authority may publish information respecting certain persons**
##### 126.. **Authority may publish information respecting certain persons**
**126.** (1) The Authority shall keep and maintain a list (in this section referred to as the “automatic enrolment retirement savings system non-compliance list”) of persons on whom a fine or other penalty is imposed by a court under this Act.
@@ -3002,9 +3004,9 @@
(4) An entry in the automatic enrolment retirement savings system non-compliance list in relation to the imposition of a fine or other penalty shall be deleted not more than 2 years after the date of the imposition of the fine or penalty.
### Chapter 3 *Penalisation and hindering of employees*
##### 127. **Protection of employees from penalisation**
### Chapter 3
##### 127.. **Protection of employees from penalisation**
**127.** (1) An employer shall not penalise or threaten penalisation of an employee, or cause or permit any other person to penalise or threaten penalisation against an employee, for participating or proposing to participate in the automatic enrolment retirement savings system.
@@ -3038,13 +3040,13 @@
(4) In this section, “employer”, in a case where emoluments are paid on behalf of another person, includes a reference to that other person.
##### 128. **Hindering employee from participating in automatic enrolment**
##### 128.. **Hindering employee from participating in automatic enrolment**
**128.** A person who hinders or attempts to hinder an employee from participating in the automatic enrolment retirement savings system commits an offence.
### Chapter 4 *Workplace relations*
##### 129. **Decision under section 41 or 44 of Act of 2015**
### Chapter 4
##### 129.. **Decision under section 41 or 44 of Act of 2015**
**129.** (1) A decision of an adjudication officer under section 41 of the Act of 2015 in relation to a dispute between an employee and his or her employer relating to any matter concerning *section 127* or *128* (or any matter arising out of or related to the employee participating in the automatic enrolment retirement savings system) may include such directions to the parties to the dispute as the adjudication officer considers necessary or expedient for the resolution of the dispute or matter and such other redress as the adjudication officer considers appropriate having regard to all of the circumstances and the provisions of this Act, and accordingly may—
@@ -3070,7 +3072,7 @@
“remuneration” includes allowances in the nature of pay and benefits in lieu of or in addition to pay.
##### 130. **Amendment of Act of 2015**
##### 130.. **Amendment of Act of 2015**
**130.** The Act of 2015 is amended—
@@ -3112,9 +3114,9 @@
“41. *Section 129* of the *Automatic Enrolment Retirement Savings System Act 2024*”.
### Chapter 5 *Offences*
##### 131. **Offences in relation to contributions**
### Chapter 5
##### 131.. **Offences in relation to contributions**
**131.** (1) An employer who—
@@ -3142,7 +3144,7 @@
(7) Any sum paid under *subsection (4)* or *(5)* shall be treated as a payment in satisfaction of the unpaid contributions, and those contributions shall not be recoverable by any person from the employee.
##### 132. **Offences and penalties**
##### 132.. **Offences and penalties**
**132.** (1) A person guilty of an offence under *section 24(3)*, *50(8)*, *53(9)*, *128* or *131* shall be liable on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both.
@@ -3156,19 +3158,19 @@
(4) Where the affairs of a body corporate are managed by its members, *subsection (3)* applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.
##### 133. **Summary proceedings**
##### 133.. **Summary proceedings**
**133.** Summary proceedings for an offence under this Act may be brought and prosecuted by the Authority.
##### 134. **Costs**
##### 134.. **Costs**
**134.** Where a person is convicted of an offence under this Act the court shall order the person to pay to the Authority the costs and expenses, measured by the court, incurred by the Authority in relation to the investigation, detection and prosecution of the offence unless the court is satisfied that there are special and substantial reasons for not so doing.
##### 135. **Time limit for instituting summary proceedings**
##### 135.. **Time limit for instituting summary proceedings**
**135.** Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted at any time within three years from the date on which the offence was alleged to have been committed.
##### 136. **Admissibility of certain documents in proceedings for offence**
##### 136.. **Admissibility of certain documents in proceedings for offence**
**136.** (1) In proceedings for an offence under this Act—
@@ -3210,7 +3212,7 @@
“payroll document” means a payslip, payroll ledger, book of account or other document prepared or kept by or on behalf of an employer in respect of one or more than one of his or her employees that contains a record of payments or deductions made by, or on behalf of, that employer in respect of the employee or employees concerned.
##### 137. **Presumptions in proceedings for offence**
##### 137.. **Presumptions in proceedings for offence**
**137.** (1) In proceedings for an offence under this Act, it shall be presumed, unless the contrary is shown, that a payroll document referred to in *section 136* found on the premises of any employer relates to an employee of that employer.
@@ -3222,15 +3224,15 @@
(b) in relation to cases where a person’s employment has ceased, references to an employer include references to a former employer, and references to an employee include references to a former employee.
### Chapter 6 *Miscellaneous*
##### 138. **Interest on arrears of contributions**
### Chapter 6
##### 138.. **Interest on arrears of contributions**
**138.** (1) Any contribution payable by an employer shall carry interest from the date when the contribution becomes due and payable until payment and the amount of that interest shall be determined in accordance with *subsection (2)*.
(2) The interest referred to in *subsection (1)* shall be determined by the following formula—
C D P
C x D x P
where—
@@ -3254,7 +3256,7 @@
(5) In this section, “Tax Acts” has the same meaning that it has in section 1(2) of the Taxes Consolidation Act 1997.
##### 139. **Court may order employer or employee to pay arrears of contributions**
##### 139.. **Court may order employer or employee to pay arrears of contributions**
**139.** (1) The Authority may apply to the court for an order requiring an employer or an employee to pay arrears of contributions.
@@ -3294,7 +3296,7 @@
(b) “employer”, in a case where emoluments are paid on behalf of another person, includes, except in *subsection (4)*, a reference to that other person.
##### 140. **Forgery of documents**
##### 140.. **Forgery of documents**
**140.** (1) A person who forges, or utters knowing it to be forged, a notice, certificate or other document purporting to be issued, granted or given under this Act (in this section referred to as a “forged document”) is guilty of an offence.
@@ -3302,6 +3304,7 @@
(3) A person who, without lawful authority, has in his or her possession a forged document or an altered document is guilty of an offence.
##### 141. **Recovery of moneys**
##### 141.. **Recovery of moneys**
**141.** The Authority may recover an amount due under *sections 131*, *138* and *139* as a simple contract debt in any court of competent jurisdiction from the person by whom it is payable.