IE
S.I. No. 332/1990 - Occupational Pension Schemes (Disclosure of Information) Regulations, 1990.
Table of Provisions (18)
Statutory Text (18 Articles)
1. (
a
) The amount of the member's own benefits and of his survivor's benefits which would be payable under the rules of the schemes from normal pensionable age or death thereafter if his service in relevant employment were to terminate on his attaining normal pensionable age, calculated without regard to possible increases in his salary; and
(
b
) The amount of the member's own benefits and of his survivor's benefits which would be payable under the rules of the scheme from normal pensionable age or death thereafter if his service in relevant employment were to terminate on the date on which the information is furnished to him, calculated without regard to possible increases in his salary; and
(
c
) The method by which the amounts specified in subparagraphs (
a
) and (
b
) of this paragraph may be calculated, together with sufficient information about the member's past salaries and service to enable the calculation to be made.
2. The member's date of entry into the scheme and the number and amount of contributions paid by or on behalf of the member to the scheme since that date.
3. The amount of the member's current pensionable salary and the method by which it is calculated.
4. The amount of survivor's benefits payable in respect of the death of the member prior to normal pensionable age without regard to possible increases in his salary and, where appropriate, of any disability benefit payable to the member together with any other relevant information.
5. The options available to the member with regard to—
(
a
) the purchase of additional benefits by way of additional voluntary contributions, and
(
b
) a choice between any two or more benefits together with information as to the address to which enquiries about such options should be sent.
6. The rights and options (if any) available to a member whose service in relevant employment terminates before he attains normal pensionable age, including details of—
(
a
) the amount of preserved benefit (within the meaning of Part III of the Act) payable under the rules of the scheme to or in respect of a member;
(
b
) the amount of benefits (if any) payable under the rules of the scheme to or in respect of a member in respect of reckonable service completed prior to the 1st day of January 1991;
(
c
) the provisions (or, as the case may be, a statement that there are no provisions) under which such benefits may or will be increased, and the extent to which such increases are dependent on the exercise of a a discretion;
(
d
) the date or dates on which such benefits become payable;
(
e
) whether a refund of contributions is available, or would be available in any circumstances, and in the latter case, a statement of their circumstances, and in either case, an estimate of the amount of the refund and an explanation of the method of calculating it.
(
f
) the name and address of the scheme, its trustees and those responsible for the payment of the members benefits.
7. Whether any transfer payment is available to the member and, if so—
(i) an estimate of its amount calculated on the basis that the member's service in relevant employment terminated or will terminate on one particular date; and
(ii) the accrued rights to which it relates.
8. The procedures for claiming the member's benefits payable in the event of the termination of his service in relevant employment prior to normal pensionable age.
9. Whether a transfer payment has been effected by the trustees of the scheme without the consent of the member and, if so, the name and address of the undertaking with whom the policy or contract of assurance has been entered into on behalf of the member.
10. Whether the member or prospective member is entitled to acquire rights to long service benefit under the scheme in exchange for any transfer payment provided by another scheme and, if so, a statement of those rights.
GIVEN under the Official Seal of the Minister for Social Welfare
this 21st day of December 1990.
MICHAEL WOODS,
Minister for Social Welfare.
The Minister for Finance hereby consents to the making of the foregoing Regulations.
GIVEN under the Official Seal of the Minister for Finance
this 21st day of December 1990.
ALBERT REYNOLDS,
Minister for Finance.
EXPLANATORY NOTE.
These Regulations regulate the disclosure of financial and other information by occupational pension schemes. Under the Regulations the trustees of schemes are required to obtain annual audited accounts, including the auditor's report, and containing specified financial information, prepared by an auditor who fulfils certain requirements. They must also obtain an acturial valuation of the scheme at specified intervals, prepared by a qualified acutary. Copies of the actuary's report must be made available for inspection free of charge or furnished on request to specified persons or payment of a reasonable charge.
In addition, trustees of schemes must provide an annual report containing a copy of the annual audited account for the scheme year, a copy of the latest actuarial funding certificate, a trustees' report and an investment report. Defined contribution schemes and certain defined benefit schemes shall, in place of the full requirements for audited accounts and reports, have the option of issuing a shortened annual report prepared by a qualified auditor or the insurance company managing the scheme. Copies of annual reports must be made available automatically to authorised trade unions and when requested to other members and prospective members of the scheme.
The Regulations also provide for the trustees to make available documents containing information about the constitution of the scheme for inspection by specified persons, and for copies to be furnished on request of payment of a reasonable charge. Certain basic information about the contribution and benefit structure of the scheme must be given by the trustees to every member on joining the scheme and to members and other specified persons on request, and for material alterations to be drawn to the attention of members. Finally, information about individual benefit entitlements must be made available by the trustees to members and prospective members in specified circumstances.
11. Which of the benefits are, and which are not, funded.
12. Which of the benefits, if any, are such that fulfilment of the obligation to pay them to or in respect of particular members is guaranteed by means of one or more insurance policies which are specifically allocated to the provision of benefits payable to or in respect of those members.
13. The short title of the statute (if any) which provides for both—
(
a
) the setting up of the scheme, and
(
b
) the determination of the rate or amount of the benefits under the scheme.
14. Whether, and if so to what extent, the employer of any person who is entitled to benefit under the scheme has entered into an obligation to pay the benefits if the scheme's resources are insufficient to do so.
15. Whether there is power under the scheme rules to increase pensions after they have become payable, and if so what it is, who may exercise it, and whether and to what extent it is discretionary.
16. What arrangements are made, and in what circumstances, for the refund of contributions to, and the preservation or transfer of the accrued rights of, a member whose service in relevant employment terminates before he reaches normal pensionable age.
17. The address to which enquiries about the scheme generally or about an individual's entitlement to benefit should be sent.
SCHEDULE D
Article 10
INFORMATION TO BE MADE AVAILABLE TO INDIVIDUALS
S.I. No. 332 of 1990.
OCCUPATIONAL PENSION SCHEMES (DISCLOSURE OF INFORMATION) REGULATIONS, 1990.
The Minister for Social Welfare, in exercise of the powers conferred on him by
sections 5
,
51
,
54
,
55
,
56
and
57
of the
Pensions Act, 1990
(No. 25 of 1990), hereby makes the following Regulations
1 Citation.
1.
These Regulations may be cited as the Occupational Pension Schemes (Disclosure of Information) Regulations, 1990.
2 Commencement.
2.
These Regulations shall come into operation on the 1
st
day of January, 1991.
3 Definitions.
3.
In these Regulations—
"the Act" means the
Pensions Act, 1990
(No. 25 of 1990);
"affiliated company", in relation to a company, means another company where one of the companies is a subsidiary (within the meaning of
Section 155
of the
Companies Act, 1963
, (No. 33 of 1963)) of the other, or where both companies are subsidiaries of a third company;
"authorised trade union" has the meaning assigned to it by section 54 (6) of the Act;
"on request" means on request in writing;
"preserved benefit" has the meaning assigned to it by section 28 of the Act;
"scheme year", in relation to a scheme, means whichever of the periods specified in section 55 (1) of the Act the trustees select;
"self-investment", in relation to a scheme, means investment of all or part of the resources of the scheme in the business of the employer (or, if the employer is a company, in the company or in an affiliated company) of any person employed in relevant employment.
4 Audited Accounts.
4.
(1) In this article "relevant scheme" means a scheme to which the Act applies by virtue of section 56.
(2) Subject to article 7 of these Regulations, the trustees of a relevant scheme shall cause the accounts of such a scheme to be audited by a qualified auditor in respect of each scheme year which commences on or after the 1st day of January, 1991, or, where the relevant scheme had been in operation for only part of that scheme year for that part of that scheme year.
(3) The audited accounts shall consist of accounts which—
(
a
) contain the information specified in Schedule A to those Regulations which is applicable and material to the relevant scheme, and
(
b
) show a true and fair view of the financial transactions of the relevant scheme during the scheme year, and the nature and disposition of the resources and liabilities at the end of the scheme year other than—
(i) liabilities to pay benefits after such date;
(ii) insurance policies which are specifically allocated to the provision of benefits for, and which provides all the benefits payable under the rules of scheme to, particular members or other persons in respect of particular members or to both; and
(iii) additional voluntary contributions separately invested from the resources of the scheme.
(4) The auditor's report on the accounts of the relevant scheme shall include—
(
a
) a statement whether, in his opinion, the requirements of sub-article (3) of this article are satisfied;
(
b
) a statement whether or not, in his opinion, contributions payable to the relevant scheme during the scheme year have been received by the trustees and have been paid in accordance with the rules of the relevant scheme and with the recommendation of the actuary, if appropriate, and
(
c
) if either of the statements under paragraph (
a
) or (
b
) or both is qualified, a statement of the reasons.
(5) The audited accounts of a relevant scheme shall be signed by the trustee of the scheme and, if there are two or more trustees, by at least two such trustees.
(6) A person shall not be qualified for appointment as auditor of a relevant scheme, for the purpose of the Act if he is—
(
a
) a member or trustee of the relevant scheme,
(
b
) a person employed by any of the trustees of the relevant scheme,
(
c
) the employer of any member employed in relevant employment (and where such employer is a company, a director or an employee of that company or any affiliated company).
5 Actuarial valuations.
5.
(1) In this article "relevant scheme" means a scheme to which the Act applies by virtue of section 56.
(2) The trustees of a relevant scheme shall, in accordance with section 56 of the Act, cause the resources and liabilities of the scheme to be valued by the actuary of the scheme at a date referred to in these Regulations as the "effective date".
(3) The effective date of the First acturial valuation to be prepared under section 56 (1) of the Act in relation to a relevant scheme, shall be—
(
a
) in the case of a relevant scheme which commenced before the 1st day of January, 1991, a date not later than the 31st day of December, 1993, and
(
b
) in the case of a relevant scheme which commenced on or after the 1st day of January, 1991, a date not later than 3½ years after the commencement of the relevant scheme.
(4) The effective date of any subsequent actuarial valuation shall be a date not later than 3½ years after the effective date of the immediately preceding actuarial valuation.
(5) The trustees shall, in accordance with section 56 (1) of the Act, cause to be prepared the actuary's report on the actuarial valuation as soon as is reasonably practicable after the effective date of the actuarial valuation.
(6) A person shall not be qualified for appointment as actuary of a relevant scheme, for the purposes of the Act unless he is—
(
a
) a Fellow of the Institute of Actuaries, or
(
b
) a Fellow of the Faculty of Actuaries, or
(
c
) a person with other actuarial qualifications who is approved by the Minister, at the request of the trustees of the scheme concerned, as being a proper person to act for the purposes of the Act in connection with that scheme.
(7) The trustees shall make available copies of the actuary's report on his valuation of the resources and liabilities of the relevant scheme in the manner specified in sub-article (8) of this article to the following persons
(
a
) the members and prospective members of the scheme, and
(
b
) an authorised trade union representing the members concerned.
(8) A copy of the actuary's latest report on his valuation of the resources and liabilities of the relevant scheme, prepared under section 56 (1) of the Act, shall be—
(
a
) made available free of charge for inspection on request by any of the persons specified in sub-article (7) of this article not later than 3 weeks after the request is made at a place which is convenient having regard to the circumstances of the request and of the persons who made it, and
(
b
) furnished on request and on payment of a reasonable charge to any of the persons specified in sub-article (7) of this article not later than 3 weeks after the request is made.
6 Annual reports.
6.
(1) In this article "relevant scheme" means a scheme to which the Act applies by virtue of section 55.
(2) Subject to article 7 of these Regulations, the trustees of a relevant scheme shall, in accordance with section 55 of the Act, prepare in respect of each scheme year commencing on or after the 1st day of January, 1991, annual report of the scheme containing the following
(
a
) a copy of the audited accounts (if any) in respect of the relevant scheme year, and
(
b
) a copy of the auditor's report on the accounts specified in paragraph (
a
) of this sub-article, and
(
c
) where appropriate, a copy of the latest actuarial funding certificate (if any) prepared under section 42 of the Act, and
(
d
) such other information as is specified—
(i) in paragraphs 1 to 7 of Schedule B to these Regulations so far as it applies to the relevant scheme, and
(ii) in paragraphs 8 to 11 of the said Schedule (except in the case of a relevant scheme that is not a funded scheme).
(3) A copy of the latest annual report shall be made available by the trustees of the relevant scheme not later that 9 months after the end of the scheme year to which it relates.
(4) The trustees shall inform the members of the relevant scheme of the availability of the annual report not later than 4 weeks after the time specified in sub-article (3) of this article.
(5) A copy of the latest annual report shall be provided free of charge on request to any member or prospective member of a relevant scheme not later than 6 weeks after the request is made.
(6) A copy of the latest annual report shall be provided free of charge to an authorised trade union representing the members of the relevant scheme not later than 12 months after the end of the scheme year to which it relates.
(7) A copy of any earlier report prepared under section 55 of the Act shall be made available free of charge for inspection on request to any member, or prospective member of a relevant scheme or to an authorised trade union representing the members of the scheme not later than 6 weeks after the request is made.
7 Alternative arrangements for annual reports and audited accounts for certain schemes.
7.
(1) This article shall apply to a scheme which, at the commencement of the scheme year is, either—
(
a
) a defined contribution scheme, or
(
b
) a small scheme as defined in sub-article (2) of this article.
(2) For the purpose of this article—
(
a
) "small scheme" means any defined benefit scheme where, on any date, there are less than 50 active members, and
(
b
) "active member", in relation to a scheme, means any member who, on any date, has been admitted to membership under the rules of the scheme but excluding any such member in receipt of benefits from the scheme or whose service in relevant employment has terminated.
(3) The trustees of a scheme to which this article applies may, instead of complying with the provision of articles 4 and 6 of these Regulations, cause an annual report of the scheme to be prepared—
(
a
) in the case of a scheme where the benefits are secured under one or more policies or contracts of assurance with an undertaking (within the meaning of the
Insurance Act, 1989
(No. 3 of 1989)). by a person designated by the undertaking as authorised for that purpose, and
(
b
) in any other case, by a person who would be registered as a qualified auditor under Article 4 (6) of these Regulations,
in respect of each scheme year commencing or after the 1st day of January, 1991.
(4) An annual report prepared under sub-article (3) of this article shall contain the following:—
(
a
) a statement of the method by which contribution payable to the scheme are calculated;
(
b
) a statement of the manner in which the resource of the scheme are invested including the extent of any self-investment;
(
c
) a statement of whether or not the contributions payable to the scheme in respect of the scheme year to which the report relates have been paid in accordance with its rules;
(
d
) if the statement under paragraph (
c
) of this sub-article is negative a statement of the amount of the contributions actually paid in respect of the scheme year; and
(
e
) except in the case of a defined contribution scheme, a copy of the latest actuarial funding certificate (if any) prepared under section 42 of the Act.
(5) A copy of the latest annual report prepared under this article shall be made available by the trustees of the scheme not later than 9 months after the end of the scheme year to which it relates.
(6) The trustees of a scheme to which this article applies shall inform the members of the scheme of the availability of the annual report prepared under this article not later than 4 weeks after the time specified in sub-article (5) of this article.
(7) A copy of the latest annual report prepared under this article shall be provided free of charge on request to any member or prospective member of the scheme not later than 6 weeks after the request is made.
(8) A copy of the latest annual report prepared under this article shall be provided free of charge to an authorised trade union representing the members of the scheme not later than 12 months after the end of the scheme year to which it relates.
(9) A copy of any earlier report prepared under this article shall be made available free of charge for inspection on request by any member or prospective member of the scheme or an authorised trade union representing the members of the scheme not later than 6 weeks after the request is made.
8 Disclosure of information in relation to schemes — constitution of the scheme.
8.
(1) Subject to sub-article (5) of this article, the trustees of a scheme shall make available in the manner specified in sub-articles (2) and (3) below, to the persons specified in sub-article (4) of this article the following—
(
a
) the contents of the trust deed in case where the scheme is constituted by such a deed;
(
b
) the contents of any document constituting the scheme in case where the scheme is not constituted by a trust deed;
(
c
) the contents of the rules of the schemes;
(
d
) the contents of any document which amends or supplements or wholly or partly supersedes a document the contents of which fall to be furnished under paragraphs (
a
), (
b
) and (
c
) of this sub-article; and
(
e
) the name and address of the employer of any member employed in relevant employment.
(2) A copy of the contents of any document specified in sub-article (1) of this article, or of the information referred to in paragraph (
e
) of that sub-article, shall, following a request, be provided free of charge for inspection to any of the persons specified in sub-article (4) of this article not later than 3 weeks after such request is made at a place which is convenient to the place of relevant employment of the members of the scheme.
(3) A copy of any of the documents specified in sub-article (1) of this article shall, following a request, be provided on payment of a reasonable charge to any of the persons specified in sub-article (4) of this article not later than 3 weeks after the request is made.
(4) The persons to whom this article relates are:—
(
a
) the members and prospective members of the scheme;
(
b
) an authorised trade union representing the members concerned.
(5) Where different documents are applicable to different members and prospective members, nothing in this article shall be construed as requiring the trustees to furnish documents in relation to a member or prospective member that is not relevant to his rights under the scheme.
9 Disclosure of information in relation to schemes — information about the scheme.
9.
(1) Subject to sub-article (6) of this article, the trustees of a scheme shall furnish in writing the information specified in Schedule C to these Regulations to the persons specified in sub-articles (2) and (3) of this article.
(2) The information specified in the said Schedule C shall be furnished to every person who on or after the 1st day of January, 1992, becomes a member of a scheme—
(
a
) which commenced before the 1st day of January, 1991, within 6 weeks of his becoming a member, and
(
b
) which commenced on or after the that date, within 6 months of his becoming a member.
(3) The information specified in the said Schedule C shall, not later than 6 weeks after the request is made, be furnished on request—
(
a
) to any member or prospective member of the scheme, and
(
b
) to an authorised trade union representing the members and prospective members concerned insofar as the information is relevant to the rights of such members and prospective members of the scheme.
(4) All of the persons specified in article 8 (4) of these Regulations shall be notified in writing by the trustees of the scheme of any material alteration in the information specified in paragraph 17 of the said Schedule C within 6 weeks of the date of the making of any such alteration.
(5) The trustees of the scheme shall take reasonable steps to notify the members of the scheme of any material alteration in the information specified in paragraph 1 to 16 of the said Schedule C.
(6) Where different information is applicable to different members and prospective members of a scheme nothing in this article shall be construed as requiring the trustees to disclose information in relation to a member or prospective member that is not relevant to his rights under the scheme.
10 Disclosure of information in relation to schemes — information to be made available to individuals.
10.
(1) The trustees of a scheme shall furnish in writing the information specified in Schedule D to these Regulations, to the persons specified, and in the circumstances specified in sub-articles (2) to (9) of this article.
(2) The information specified in paragraphs 1 to 5 of the said Schedule D shall be furnished to any member of a defined benefit scheme whose service in relevant employment has not terminated before normal pensionable age, on request (not being a request made within 12 months of the last occasion on which any such information as is specified in those paragraphs was furnished to him) as soon as practicable after the request is made.
(3) The information specified in paragraph 6 and 7 of the said Schedule D shall be furnished—
(
a
) to any member as soon as he or his employer has notified the trustees that his service in relevant employment has terminated or is about to terminate, and
(
b
) to any other member, on request, (not being a request made less than 12 months after the last occasion on which such information was furnished to him) as soon as practicable after the request is made.
(4) The information specified in paragraphs 8 and 9 of the said Schedule D shall be furnished in writing to any member whose service in relevant employment has terminated or is about to terminate, as soon as is practicable after he or his employer has notified the trustees of the fact.
(5) The information specified in paragraph 10 of the said Schedule D shall be furnished by the trustees to any member or prospective member of the scheme on request (not being a request made less than 12 months after the last occasion on which such information was furnished to him) as soon as practicable after the request is made.
(6) Where a decision has been made to wind up the scheme the trustees shall as soon as possible but in any event not later than 12 weeks after such a decision has been made notify all members of the scheme and authorised trade unions of the decision.
(7) The trustees shall, as soon as practicable but in any event not more than 6 weeks after the proceeds of the realisation of the resources of the scheme are applied in accordance with the rules of the scheme respecting a winding up—
(
a
) furnish each member of the scheme with the information specified in paragraph 1 of the said Schedule D;
(
b
) inform each member—
(i) whether, and if so by how much, the benefits in question are reduced because the resources of the scheme are not sufficient to meet the liabilities as they fall due; and
(ii) who will be liable to pay those benefits after the scheme is wound up; and
(iii) the address to which enquiries should be sent concerning as person's entitlements.
(9) When any information specified in the said Schedule D is provided it shall be accompanied by a written statement that further information about the scheme is available giving the address to which enquiries about it should be sent.
SCHEDULE A
Article 4
CONTENTS OF ACCOUNTS