Pensions (Amendment) Act, 2002
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Obligation of employer to remit contributions under scheme. |
41.—The following section is inserted after section 58 of the Principal Act: | |
“58A.—(1) An employer who deducts any sum from the wages or salary of an employee for remittance to the trustees of a scheme or to another person on their behalf, shall remit every such sum to the trustees or that other person on their behalf, as the case may be, within 21 days following the end of the month in which the deduction was made. An employer shall not make any deductions from the sum required to be remitted by him under this subsection. | ||
(2) Where an employer is obliged (whether under a contract of employment, the terms of a scheme or otherwise) to pay any sum expressed as a cash amount or as a percentage or proportion of an employee's wages or salary (other than a sum deducted from the employee's wages or salary), on behalf of or in respect of that employee, to the trustees of a defined contribution scheme or to another person on their behalf, he shall, within 21 days following the end of every month, pay to the trustees of the scheme or that other person on their behalf, as the case may be, a sum equal to the appropriate cash amount or percentage or proportion of every payment of wages or salary made to that employee during that month. An employer shall not make any deduction from the sum required to be paid by him under this subsection. | ||
(3) An employer who— | ||
(a) deducts any sum from the wages or salary of an employee for remittance to the trustees of a scheme or to another person on their behalf, or | ||
(b) is obliged (whether under a contract of employment, the terms of a scheme or otherwise) to pay any sum, on behalf of or in respect of an employee (other than a sum deducted from the employee's wages or salary), to the trustees of a defined contribution scheme or to another person on their behalf, | ||
shall give or cause to be given to the employee concerned and to the trustees or that other person on their behalf, a statement in writing not less frequently than once a month specifying— | ||
(i) the total amount deducted from the employee's salary or wages and remitted to the trustees or that other person on their behalf, as the case may be, and | ||
(ii) where appropriate, the total amount paid, on behalf of or in respect of the employee (other than any amount deducted from the employee's wages or salary), to the trustees or that other person on their behalf, as the case may be, | ||
in the preceding month or, if the previous such statement was given less than a month before, in the period since that previous statement was given. | ||
(4) The requirements of subsection (3) relating to an employee shall be regarded as having been satisfied in respect of a particular deduction if the particulars of the deduction are, in accordance with section 9 of the Payment of Wages Act, 1991 , included in the statement given to the employee concerned under that section.”. |