S.I. No. 429/2003 - Occupational Pension Schemes and Personal Retirement Savings Accounts (Transfer) Regulations, 2003
The Minister for Social and Family Affairs, in exercise of the powers conferred on her by section 5 and sections 34 , 48 (both amended by the Pensions (Amendment) Act, 2002 (No. 18 of 2002)) and 124 (as inserted by section 3 of the Pensions (Amendment) Act, 2002 ) of the Pensions Act, 1990 (No. 25 of 1990) hereby makes the following Regulations: - | ||||||||
Citation. | 1. These Regulations may be cited as the Occupational Pension Schemes and Personal Retirement Savings Accounts (Transfer) Regulations 2003. | |||||||
Definitions. | 2. In these Regulations | |||||||
“Act” means the Pensions Act, 1990 ; | ||||||||
“transfer payment” has the meaning assigned to it by section 34(2). | ||||||||
Transfer payments from existing schemes to PRSAs. | 3. A member of a scheme who is entitled to a transfer payment under section 34(2) of the Act may direct the trustees of the scheme to apply the transfer payment in the making of a payment to a PRSA Provider for application under a PRSA operated by that provider in respect of which the member is a contributor so long as the transfer payment is one which might be made under rules which, if included in a scheme, would not expose that scheme to a risk of ceasing to be an approved scheme under section 772 (3D) of the Taxes Consolidation Act, 1997 (No. 39 of 1997). | |||||||
Transfer payments from wound up schemes. | 4. In applying the resources of a relevant scheme which has been wound up, the trustees may discharge the liability of the scheme for benefits payable to or in respect of any member by the making of a payment to a PRSA Provider for application under a PRSA operated by that provider in respect of which the member is a contributor so long as the transfer payment is one which might be made under rules which, if included in a scheme, would not expose that scheme to a risk of ceasing to be an approved scheme under section 772 (3D) of the Taxes Consolidation Act, 1997 . | |||||||
Transfer of PRSA assets. | 5. A PRSA contributor may transfer his PRSA assets into a defined benefit scheme or defined contribution scheme of which he is a member or a prospective member and the trustees of which are willing to accept such assets. | |||||||
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EXPLANATORY NOTE | ||||||||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||||||||
These regulations provide for transfer payments from an occupational pension scheme to a Personal Retirement Savings Account (PRSA) and from a PRSA to an occupational pension scheme. | ||||||||
Article 3 provides that a member of a scheme who is entitled to a transfer payment may direct the trustees of the scheme to make the payment to a PRSA provided that the payment is one which would not expose the scheme to a risk of ceasing to be an approved scheme under section 772 (3D) of the Taxes Consolidation Act, 1997 (No. 39 of 1997). | ||||||||
Article 4 provides that where a scheme is wound up, the trustees may discharge the liability of the scheme for members benefits by making a payment to a PRSA to which the member is a contributor provided that the payment is one which would not expose the scheme to a risk of ceasing to be an approved scheme under section 772 (3D) of the Taxes Consolidation Act 1997 . | ||||||||
Article 5 provides that a PRSA contributor may transfer his or her assets to a defined benefit or defined contribution occupational pension scheme of which he is a member or a prospective member where the trustees are willing to accept such assets. |