S.I. No. 717/2020 - Occupational Pension Schemes (United Kingdom Members) Regulations 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th January, 2021.

I, HEATHER HUMPHREYS T.D., Minister for Social Protection in exercise of the powers conferred on me by section 5 and section 5A (inserted by Section 44 of the Social Welfare Act, 1993 (No. 5 of 1993)) of the Pensions Act 1990 (No. 25 of 1990) (as adapted by the Employment Affairs and Social Protection (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 447 of 2020 )), hereby make the following Regulations:

Citation and Commencement

(1) These Regulations may be cited as the Occupational Pension Schemes (United Kingdom Members) Regulations 2020.

(2) These Regulations come into operation on 31 December 2020, at 11PM.

Definitions

2. In these Regulations:-

“the Act” means the Pensions Act, 1990 (No. 25 of 1990);

“UK member” means an external member of a scheme to which the Act applies who remains entitled to any benefit under that scheme in respect of a period of service whilst employed in the United Kingdom;

General Provision as to application of Act to UK members

3. Subject to Regulations 4 and 5, references throughout the Act and any regulations made thereunder to members shall be construed as including UK members.

Application of Part X and Part XII of the Act to UK members

4. References to members in Part X of the Act shall not include UK members.

5. References to members in Part XII of the Act shall not include UK members.

/images/ls

GIVEN under my Official Seal,

22 December, 2020.

HEATHER HUMPHREYS,

Minister for Social Protection.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations retain the protections afforded to UK members under the Pensions Act 1990 (No. 25 of 1990), consequent on the withdrawal of the United Kingdom from membership of the European Union.