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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.