S.I. No. 239/2019 - Occupational Pension Schemes (Disclosure of Information) (Amendment) Regulations 2019
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 7th June, 2019. | ||
I, REGINA DOHERTY, Minister for Employment Affairs and Social Protection, in exercise of the powers conferred on me by section 5 (2A) (amended by section 44 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)) of the Pensions Act 1990 (No. 25 of 1990) (as adapted by the Social Protection (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 366 of 2017 )), hereby make the following regulations: | ||
1. These Regulations may be cited as the Occupational Pension Schemes (Disclosure of Information) (Amendment) Regulations 2019. | ||
2. The Occupational Pension Schemes (Disclosure of Information) Regulations 2006 ( S.I. No. 301 of 2006 ) are amended, by the substitution of the following for article 15(1): | ||
“(1)Where, on or after the commencement of this article, a benefit under the scheme has become payable or is about to become payable to any of the persons specified in sub-article (3) - | ||
(a) the information specified in paragraphs 1, 3, 4 and 5 of Schedule F, and where the scheme is a defined benefit scheme to which section 44 of the Act applies and the information is being furnished on or after 1 January 2013, the information specified in paragraph 6 of Schedule F, together with the information specified in paragraph 2 of Schedule F in the case of a defined benefit scheme where the benefit is payable on death, shall be furnished as soon as practicable and in any event within 2 months after the benefit becomes payable, | ||
(b) in the case of a defined benefit scheme where the benefit is payable on death, and for so long as the benefit is payable out of the scheme, the information specified in paragraphs 1, 3 and 4 of Schedule F shall be furnished on request as soon as practicable and in any event within 2 months after the request is made, or | ||
(c) in the case of a defined benefit scheme the information specified in paragraph 2 of Schedule F shall, where the benefit is payable otherwise than on death, be furnished on request as soon as practicable and in any event within 2 months after the request is made.”. | ||
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GIVEN under my Official Seal, | ||
30 May 2019. | ||
REGINA DOHERTY | ||
Minister for Employment Affairs and Social Protection. | ||
EXPLANATORY NOTE | ||
(This does not form part of the Instrument and does not purport to be a legal interpretation.) | ||
These Regulations amend the Occupational Pension Schemes (Disclosure of Information) Regulations 2006 ( S.I. No. 301 of 2006 ) to provide that survivors, in receipt of a pension from a defined benefit scheme, can request certain specified information on the value of and the conditions governing the treatment of their benefits and to oblige the trustees of a scheme to furnish the requested information within a specified period. These Regulations transpose an obligation imposed by Article 6 (3) of Directive 2014/50/EU (the Portability Directive) into Irish law. |