S.I. No. 349/1998 - Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations, 1998

1. A statement with the details both as to the amount of and the nature of the benefit to be provided under the Pension Adjustment Order.

2. A note that further information may be obtained from the Pensions Board.

3. The name or title, and the address of the person to whom enquiries should be sent.

4. A statement that the non-member spouse or person specified in the Pension Adjustment Order is advised to notify the trustees of any change of address.

5. An estimate of the transfer amount which may be applied by the non-member spouse.

6. A statement of the options available to the non-member spouse.

7. The date of the application of the transfer amount.

8. The name and address of the scheme to which the transfer amount has been applied or of the undertaking with whom the policy or contract of assurance has been entered into on behalf of the non-member spouse.

9. An estimate of the contingent benefit payable under the Pension Adjustment Order.

10. A statement that any contingent benefit awarded under a Pension Adjustment Order ceases to have effect.

11. A statement that the member spouse has ceased to be a member of the scheme.

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 1st day of September , 1998.

Dermot Ahern

Minister for Social, Community and Family Affairs.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 4th day of September, 1998.

Charlie McCreevy

Minister for Finance.

EXPLANATORY NOTE

These Regulations revoke, on a phased basis, the existing regulations relating to disclosure of information and replace them, again on a phased basis, with these Regulations.

The 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. The trustees must also obtain an actuarial valuation of the scheme at specified intervals, prepared by a qualified actuary (who is defined in the Regulations). Copies of the actuary's report must be made available for inspection free of charge or furnished, on request, to specified persons on payment of a reasonable charge.

In addition, trustees of schemes must provide an annual report containing, inter alia, a copy of the annual audited accounts for the scheme year, a copy of the latest actuarial funding certificate, a trustees' financial review of the scheme and an investment report. Defined contribution schemes and certain defined benefit schemes, 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, where the benefits are fully secured under an insurance contract, a person designated by the insurance company.

Copies of annual reports must be made available automatically to authorised trade unions and when requested to members, prospective members and other specified persons.

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 on payment of a reasonable charge. Certain basic information mainly 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 specified persons in specified circumstances.

The Regulations also take account of the

Family Law Act 1995

and

Family Law (Divorce) Act 1996

provisions insofar as they relate to pension adjustment orders.

These Regulations are being made following a review of the existing Regulations.

12. Whether a Pension Adjustment Order has been issued in respect of the member's benefit under the scheme and if so either a statement of the effect of the Pension Adjustment Order or details as to where further information relating to the effect and operation of the Pension Adjustment Order on the benefits to or in respect of the member may be obtained.

SCHEDULE F

Article 13.

INFORMATION TO BE MADE AVAILABLE — RETIREMENT OR DEATH OF MEMBER OR BENEFICIARY

13. Whether the member or prospective member has an option to purchase additional benefits under the scheme by way of additional voluntary contributions or to acquire rights to additional benefits in exchange for any transfer payment provided by another scheme and, if so,

(a) the amount of these additional benefits or an explanation of how they will be calculated, and

(b) a statement of how the option may be exercised.

14. The member's name, date of birth, known marital status and gender.

15. Name of trustees to the scheme.

16. Whether a Pension Adjustment Order has been issued in respect of the member's benefits under the scheme and if so either a statement of the effect of the Pension Adjustment Order or details as to where further information relating to the effect and operation of the Pension Adjustment Order on the benefits to or in respect of the member may be obtained.

PART III—TERMINATION OF RECKONABLE SERVICE WITHOUT TERMINATION OF RELEVANT EMPLOYMENT — ALL SCHEMES

17. The fact that the member's reckonable service in the scheme has terminated and the date upon which it so terminated.

18. (a) Whether a part of the resources of the scheme has been or will be applied in respect of the member in the making of a payment to another scheme of the same employer or a policy or contract of assurance within the meaning of section 34(3)(b) of the Act, including the effective date of any such application and the name, address or title of the person to whom enquiries about the other scheme or policy or contract of assurance should be sent.

(b) If any actual or potential benefits in respect of the member remains in the scheme after a period of six months has elapsed from the date of termination of reckonable service, the information specified in Part I or Part II of Schedule D, as appropriate, as if the member had requested such information.

19 How the transfer of accrued rights from the other scheme will be treated in connection with the provision of long service benefit or additional long service benefit under the scheme.

SCHEDULE E

Article 12.

INFORMATION TO BE MADE AVAILABLE — TERMINATION OF RELEVANT EMPLOYMENT

PART I—DEFINED BENEFIT SCHEME

19. A statement that the scheme has been registered with the Pensions Board and the registration number.

20. A statement that in the event of judicial separation or divorce a Court application for a Pension Adjustment Order in respect of the retirement or contingent benefits payable to or in respect of a married member may be made noting that further information about the operation and impact of Pension Adjustment Orders may be obtained from the Pensions Board.

SCHEDULE D

Article 11.

INFORMATION TO BE MADE AVAILABLE TO A MEMBER OR PROSPECTIVE MEMBER IN RELEVANT EMPLOYMENT

PART I—DEFINED BENEFIT SCHEME

S.I. No. 349 of 1998.

OCCUPATIONAL PENSION SCHEMES (DISCLOSURE OF INFORMATION) (NO. 2) REGULATIONS, 1998

The Minister for Social Community and Family Affairs, 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 and Commencement

1.

(1) These Regulations may be cited as the Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations, 1998.

(2) These Regulations shall come into force as follows

(a) article 15 and article 3 in so far as it relates to article 15, on the 1st day of October, 1998 and

(b) articles 4, 6 & 7, in relation to each scheme year ending on or after 1st day of July 1999, on the 1st day of July, 1999 and

(c) article 3 in so far as it relates to all other articles and all other articles, on the 1st day of April, 1999.

2 Revocation

2.

The Occupational Pension Schemes (Disclosure of Information) Regulations 1998 (

S.I. No. 112 of 1998

) are hereby revoked as follows

(1) articles 4, 6 & 7, in relation to each scheme year ending on or after 1st July 1999, on the 1st day of July, 1999 and

(2) all other articles on the 1st day of April, 1999.

3 Definitions

3.

In these Regulations—

"accumulated value" has the meaning assigned to it by section 30 of the Act;

"the Act" means the

Pensions Act, 1990

(No. 25 of 1990);

"affiliated employer" means another employer where one of the employers is a subsidiary (within the meaning of

section 155

of the

Companies Act, 1963

, (No. 33 of 1963)) of the other, or where both employers are subsidiaries of a third employer;

"authorised trade union" has the meaning assigned to it by section 54(6) of the Act;

"contingent benefit" shall have the meaning assigned to it in the Pension Schemes (Family Law) Regulations, 1997 (

S.I. No. 107 of 1997

);

"designated benefit" shall have the meaning assigned to it in the Pension Schemes (Family Law) Regulations, 1997;

"made available for inspection" means made available for inspection at a place which is convenient having regard to the circumstances of the request and to the person who made it;

"on request" means a request in writing for a specified document or item of information provided that unless otherwise specified any request made within 12 months of the last occasion on which a copy of the same document or information was made available or furnished to the same person shall not be deemed to be a valid request;

"Pension Adjustment Order" means an order made by the Court under

Section 12

of the

Family Law Act, 1995

(No. 26 of 1995) or

Section 17

of the

Family Law (Divorce) Act, 1996

(No. 33 of 1996);

"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 of any person employed in relevant employment, or of an affiliated employer, and for this purpose the term "investment" shall be deemed to include—

(a) shares or other securities issued by the employer or by an affiliated employer,

(b) land which is occupied or used by or subject to a lease in favour of the employer or an affiliated employer,

(c) property, other than land, which is used for the purpose of any business carried on by the employer or an affiliated employer,

(d) loans to the employer or an affiliated employer,

(e) moneys due to the scheme held by the employer or an affiliated employer;

"concentration of investment", in relation to a scheme, means investments exceeding a stated percentage of the resources of the scheme in one undertaking and in any associate of it or in one property, other than in the following categories

(a) Government securities;

(b) insurance policies;

(c) contracts of assurance;

(d) managed funds;

(e) unit trusts; and

(f) cash deposits.

"transfer amount" shall have the meaning assigned to it in the Pension Schemes (Family Law) Regulations, 1997;

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 sub-article (3) of this article and to article 7 of these Regulations, the trustees of a relevant scheme shall, in accordance with section 56 of the Act, cause—

(a) 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), and

(b) the auditor's report to be prepared on the accounts,

as soon as reasonably practicable after the end of the scheme year.

(3) A copy of the latest audited accounts and the auditor's report on the accounts 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, or such later date as may be approved by the Board, in the manner specified in sub-article (4) of this article to the following persons

(a) the members and prospective members of the scheme,

(b) the spouses of members and of prospective members of the scheme,

(c) persons within the application of the scheme qualifying or prospectively qualifying for its benefits, and

(d) an authorised trade union representing the members concerned.

(4) A copy of the latest audited accounts and the auditor's report on the accounts shall be furnished free of charge—

(a) to an authorised trade union representing the members of the relevant scheme not later than 9 months after the end of the scheme year to which it relates or such later date as may be approved by the Board;

(b) on request, to any of the persons specified in paragraphs (a), (b) and (c) of sub-article (3) of this article not later than 4 weeks after the request is made.

(5) A copy of any earlier audited accounts or auditor's report on the accounts prepared under section 56 of the Act shall be:—

(a) made available for inspection free of charge on request to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made, and

(b) furnished on request (not being a request made within 3 years of the last occasion on which a copy of the same audited accounts was furnished) and on payment of a reasonable charge (unless the trustees decide otherwise) to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made.

(6) The audited accounts shall consist of accounts containing the information specified in Schedule A to these Regulations which is applicable and material to the relevant scheme.

(7) 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 (6) of this article are satisfied;

(b) a statement that, in his opinion, the accounts show a true and fair view of the financial transactions of the relevant scheme during the scheme year and of the amount and disposition of the assets and liabilities (other than liabilities to pay pensions and other benefits in the future) at the end of the scheme year;

(c) a statement that contributions payable to the relevant scheme during the scheme year have been received by the trustees within 30 days of the end of the scheme year and that in his opinion such contributions have been paid in accordance with the rules of the relevant scheme and, if appropriate, with the recommendation of the actuary; and

(d) if any of the statements under paragraphs (a), (b) or (c) is qualified, a statement of the reasons.

(8) The audited accounts of a relevant scheme shall be signed—

(a) by two trustees on behalf of the trustees or, if there is only one trustee, by that trustee; or

(b) if there is a person authorised under the rules of the scheme, by such person.

(9) A person shall not be qualified for appointment as auditor of a relevant scheme, for the purposes of the Act if he is—

(a) a member or a trustee of the relevant scheme;

(b) a director or employee of any of the trustees of the relevant scheme;

(c) the employer of any member employed in relevant employment or a director or employee of that employer or any affiliated employer.

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—

(a) 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", and

(b) the actuary's report to be prepared on the valuation (referred to in this article as the "valuation report")

as soon as reasonably practicable after the effective date but subject always to sub-article (3) of this article.

(3) A copy of the latest valuation report shall be made available by the trustees of the relevant scheme not later than 9 months after the effective date, or such later date as may be approved by the Board, in the manner specified in sub-article (4) of this article to the following persons

(a) the members and prospective members of the scheme,

(b) the spouses of members and of prospective members of the scheme,

(c) persons within the application of the scheme qualifying or prospectively qualifying for its benefits, and

(d) an authorised trade union representing the members concerned.

(4) A copy of the latest valuation report shall be—

(a) made available for inspection free of charge, on request, to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made, and

(b) furnished on request and on payment of a reasonable charge to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made.

(5) A copy of any earlier valuation report prepared under section 56 of the Act, shall be:—

(a) made available for inspection free of charge, on request, to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made, and

(b) furnished on request (not being a request made within 3 years of the last occasion on which a copy of the same report was furnished) and on payment of a reasonable charge (unless the trustees decide otherwise) to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made.

(6) The effective date of the first actuarial valuation to be prepared under section 56 (1) of the Act shall be—

(a) in relation to a scheme other than a relevant external scheme which commenced before the 1st day of January, 1991, a date not later than the 31st day of December, 1993, and

(b) in relation to a scheme other than a relevant external 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, and

(c) in relation to a relevant external scheme which commenced before the 1st day of July 1991, a date not later than the 31st day of December 1994, and

(d) in relation to a relevant external scheme which commenced on or after the 1st day of July 1991, a date not later than 3½ years after the commencement of the relevant external scheme.

(7) 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 or such later date as may be approved by the Pensions Board.

(8) A person shall not be qualified for appointment as actuary of a scheme, for the purposes of the Act, unless he is—

(a) in the case of a scheme specified in Schedule C to the Occupational Pension Schemes (Funding Standard) Regulations, 1993, (

S.I. No. 419 of 1993

),

(i) a Fellow Member of the Society of Actuaries in Ireland or

(ii) a civil servant who is approved by the Minister with the consent of the Minister for Finance as being a proper person to act for the purposes of the Act in connection with that scheme, or

(b) in the case of a scheme not specified in Schedule C to the Occupational Pension Schemes (Funding Standard) Regulations, 1993, a Fellow Member of the Society of Actuaries in Ireland who has been granted and holds a valid Scheme Actuary Practising Certificate under the rules of that Society

Provided that any person with other actuarial qualifications who, at any time prior to the commencement of this article, held an appointment as actuary of a scheme with the approval of the Minister under Article 5(8)(c) of the Occupational Pension Schemes (Disclosure of Information) Regulations 1991 (

S.I. No. 215 of 1991

) or under a provision of any regulations replacing those Regulations and who satisfies the requirements of the Minister shall, for so long as such person satisfies the requirements of the Minister, continue to be qualified for appointment as actuary in connection with that scheme and may be 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 any other scheme.

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 sub-article (3) of this article and 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, an annual report of the scheme as soon as reasonably practicable after the end of the scheme year.

(3) A copy of the latest annual report prepared under this article duly signed and dated by the trustees in accordance with sub-article (8) of this article shall be made available by the trustees of the relevant scheme not later than 9 months after the end of the scheme year to which it relates, or such later date as may be approved by the Board, in the manner specified in sub-article (5) of this article to the following persons

(a) the members and prospective members of the scheme,

(b) the spouses of members and of prospective members of the scheme,

(c) persons within the application of the scheme qualifying or prospectively qualifying for its benefits, and

(d) an authorised trade union representing the members concerned.

(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 furnished free of charge—

(a) to an authorised trade union representing the members of the relevant scheme not later than 9 months after the end of the scheme year to which it relates or such later date as may be approved by the Board;

(b) on request, to any of the persons specified in paragraphs (a), (b) and (c) of sub-article (3) of this article not later than 4 weeks after the request is made.

(6) A copy of any earlier reports prepared under section 55 of the Act shall be:—

(a) made available for inspection free of charge, on request, to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made, and

(b) furnished on request (not being a request made within 3 years of the last occasion on which a copy of the same report was furnished) and on payment of a reasonable charge (unless the trustees decide otherwise) to any of the persons specified in sub-article (3) of this article not later than 4 weeks after the request is made.

(7) The annual report in respect of a relevant scheme shall contain the following

(a) a copy of the audited accounts in respect of the scheme year,

(b) a copy of the auditor's report on the accounts as specified in sub-article (7) of article 4 of these Regulations and where the auditor's report under sub-article (7)(c) of article 4 is qualified the trustees should state whether the matter has been resolved,

(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 6 and 11 to 15 of Schedule B to these Regulations so far as it applies to the relevant scheme, and

(ii) in paragraphs 7 to 10 of the said Schedule (except in the case of a relevant scheme that is not a funded scheme).

(8) The annual report shall be signed by two trustees on behalf of the trustees or, if there is only one trustee, by that trustee.

7 ..

7.

(1) This article shall apply to a scheme (in this article called a "relevant 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 purposes of this article—

(a) "small scheme" means any defined benefit scheme where, at the commencement date of the relevant scheme year, there are:—

(i) less than 50 active members, and

(ii) less than 100 members excluding members for whom the only benefit under the scheme rules is in respect of death prior to normal pensionable age, or for whom insurance policies have been purchased in the manner set out at paragraph 2(a)(i) of Schedule A.

(b) "active member", in relation to a relevant scheme, means any member who is in reckonable service at the commencement date of the scheme year.

(3) In the case of a relevant scheme the provisions of sections 55 and 56 of the the Act shall be so modified that the trustees of a relevant scheme may, instead of complying with the provisions of articles 4 and 6 of these Regulations, cause an annual report of the scheme to be prepared in respect of each scheme year commencing on or after the 1st day of January, 1991 in either of the following ways:—

(a) by a person who could be appointed as an auditor of a relevant scheme within the meaning of article 4 of these Regulations for the purposes of the Act; or

(b) in the case of a relevant scheme where all of the benefits are secured under one or more policies or contracts of assurance with the one 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,

as soon as reasonably practicable after the end of the scheme year but subject always to sub-article (4) of this article.

(4) A copy of the latest annual report prepared under this article duly signed and dated by the trustees in accordance with sub-article (9) of this article shall be made available by the trustees of the relevant scheme not later than 9 months after the end of the scheme year to which it relates, or such later date as may be approved by the Board, in the manner specified in sub-article (6) of this article, to the following persons

(a) the members and prospective members of the scheme,

(b) the spouses of members and of prospective members of the scheme,

(c) persons within the application of the scheme qualifying or prospectively qualifying for its benefits, and

(d) an authorised trade union representing the members concerned.

(5) 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 (4) of this article.

(6) A copy of the latest annual report shall be furnished free of charge—

(a) to an authorised trade union representing the members of the relevant scheme not later than 9 months after the end of the scheme year to which it relates or such later date as may be approved by the Board;

(b) on request, to any of the persons specified in paragraphs (a), (b) and (c) of sub-article (4) of this article not later than 4 weeks after the request is made.

(7) A copy of any earlier reports prepared under section 55 of the Act shall be:—

(a) made available for inspection free of charge, on request, to any of the persons specified in sub-article (4) of this article not later than 4 weeks after the request is made, and

(b) furnished on request (not being a request made within 3 years of the last occasion on which a copy of the same report was furnished) and on payment of a reasonable charge (unless the trustees decide otherwise) to any of the persons specified in sub-article (4) of this article not later than 4 weeks after the request is made.

(8) An annual report prepared under sub-article (3) of this article shall contain the following

(a) a statement of the amount of the contributions paid by the employer and by the members to the scheme during the scheme year;

(b) a statement by the person preparing the annual report in accordance with this article 7, based on information provided to that person, having made reasonable enquiries, that:—

(i) contributions payable during the scheme year have been received by the trustees within 30 days of the end of the scheme year, and

(ii) contributions payable have been paid in accordance with the rules of the relevant scheme and if appropriate, with the recommendation of the actuary.

If the statement under sub-paragraph (i) or sub-paragraph (ii) is qualified, a statement of the reasons;

(c) a statement of the manner in which the resources of the relevant scheme are invested including details of any self-investment at any time during the period covered by the report provided always that for the purposes of this sub-article any monies due by an employer to the relevant scheme shall not, where such monies are due for a period of 30 days or less, be treated as self-investment;

(d) a statement of material transactions which have occurred at any time during the scheme year with related parties (within the meaning of Financial Reporting Standard 8, "Related Party Disclosures"), irrespective of whether a price was charged;

(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;

(f) an investment report containing a statement by each individual investment manager acting for the relevant scheme providing

(i) a summary of the investments managed by him and, other than in relation to resources invested in policies of insurance, their value at the end of a scheme year,

(ii) the investment policies pursued during the scheme year on behalf of the relevant scheme and any material changes in these policies during the scheme year, and,

(iii) a review of the performance of the relevant scheme's funds managed by him during the scheme year;

(g) a statement as to whether the relevant scheme is a defined benefit scheme or a defined contribution scheme for the purposes of the

Pensions Act, 1990

;

(h) a statement that the relevant scheme has been registered with the Pensions Board and the registration number; and

(i) the information specified in paragraphs 1, 2, 3, 4, 6, 11, 12, and 15 of Schedule B.

(9) The annual report prepared under this article shall be signed by two trustees on behalf of the trustees, or if there is only one trustee, by that trustee and where either of the statements under sub-article (8)(b)(i) or sub-article (8)(b)(ii) of this article are qualified the trustees should state whether or not the matter has been resolved.

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 where the scheme is constituted by such a deed;

(b) the contents of any document constituting the scheme where the scheme is not constituted by a trust deed;

(c) the contents of the rules of the scheme;

(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 any document specified in sub-article (1) of this article, or of the information referred to in paragraph (e) of that sub-article, shall be made available for inspection, free of charge, on request, but without limitation as to the number of requests in any twelve month period, to any of the persons specified in sub-article (4) of this article not later than 4 weeks after such request is made.

(3) A copy of any of the documents specified in sub-article (1) of this article shall, on request, be furnished on payment of a reasonable charge to any of the persons specified in sub-article (4) of this article not later than 4 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) the spouses of members and of prospective members of the scheme;

(c) persons within the application of the scheme and qualifying or prospectively qualifying for its benefits; and

(d) an authorised trade union representing the members concerned.

(5) Where different rules are applicable to different members and prospective members, nothing in this article shall be construed as requiring the trustees to furnish a document or part of a document, in relation to a member or prospective member, that is not relevant to his rights under the scheme. Where disclosure is to be made to an authorised trade union, nothing in this article shall be construed as requiring the trustees to disclose information which is not relevant to the rights or prospective rights of members or prospective members who are of a category of employee which is represented by that authorised trade union.

9 Disclosure of information in relation to schemes — basic information about the scheme

9.

(1) Subject to sub-article (5) 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 becomes a member of a scheme within 2 months of his becoming a member.

(3) The information specified in the said Schedule C shall, not later than 4 weeks after the request is made, be furnished on request to —

(a) any member or prospective member of the scheme, and

(b) the spouses of members and of prospective members of the scheme,

(c) persons within the application of the scheme and qualifying or prospectively qualifying for its benefits, and

(d) 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) The trustees of the scheme shall notify the members of the scheme of any material alteration in the information specified in paragraphs 1 to 20 of the said Schedule C within 4 weeks of the date of making of any such alteration.

(5) Where different rules are 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. Where disclosure is to be made to an authorised trade union, nothing in this article shall be construed as requiring the trustees to disclose information which is not relevant to the rights or prospective rights of members or prospective members who are of a category of employee which is represented by that authorised trade union.

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 Schedules D to G to these Regulations, to the persons specified, and in the circumstances specified in articles 11 to 15 of these Regulations.

(2) The information to be furnished by the trustees under articles 11 to 15 shall relate to a date specified for this purpose by the trustees, not being a date earlier than 12 months before the date on which such information is so furnished.

(3) When any information specified in the said Schedules D to G is provided it shall be accompanied by a written statement that further information about the scheme is available giving the name and address of the person to whom enquiries about it should be sent.

(4) Where there is a right to request the method of calculation of any benefit, the information in respect of which is to be furnished under articles 11 to 15, such information shall be accompanied by a written statement that the calculation method is available upon request.

11 Information to be made available to a member or prospective member in relevant employment

11.

(1) Such information as is specified in paragraphs 1 to 8 of Part I 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 as soon as practicable after the request is made, and in any event within 2 months of the request being made.

(2) Such information as is specified in paragraphs 9 to 16 of Part II of the said Schedule D shall be furnished to any member of a defined contribution scheme whose service in relevant employment has not terminated before normal pensionable age, at least once in every period of 12 months after the date of becoming a member.

(3) Such information as is specified in paragraphs 17 and 18 of Part III of the said Schedule D shall be furnished to any member of a scheme whose reckonable service in that scheme has been terminated before normal pensionable age, but whose service in relevant employment has not terminated. The information specified in paragraph 17 shall be furnished within 4 weeks of the termination of reckonable service and the information specified in paragraph 18 shall be furnished as soon as practicable, but in any event not later than 6 months after such termination of reckonable service.

(4) Such information as is specified in paragraph 19 of Part III of the said Schedule D shall be furnished to a member of a scheme where a transfer of accrued rights has been received from another scheme of the same employer and where the member's reckonable service in that other scheme has terminated before normal pensionable age, but where service in relevant employment has not terminated. This information shall be furnished as soon as practicable, but in any event not later than 12 weeks after such transfer has been received.

(5) The information specified in paragraph 5 of Part I, or paragraph 13 of Part II of the said Schedule D, as appropriate, shall be furnished by the trustees to any prospective member of the scheme on request as soon as practicable after the request is made, and in any event within 2 months of the request being made.

12 Information to be made available — termination of relevant employment

12.

(1) The information specified in paragraph 1 of Part I of Schedule E shall be furnished to any member of a defined benefit scheme who has not acquired an entitlement to a preserved benefit (within the meaning of the Act) as soon as practicable and in any event within 2 months after he or his employer has notified the trustees that his service in relevant employment has terminated or is about to terminate other than by reason of the winding up of the scheme.

(2) The information specified in paragraphs 2 to 6 of Part I of the said Schedule E shall be furnished as appropriate—

(a) to any member of a defined benefit scheme who has acquired an entitlement to preserved benefit (within the meaning of the Act) as soon as practicable and in any event within 2 months after he or his employer has notified the trustees that his service in relevant employment has terminated or is about to terminate other than by reason of the winding up of the scheme, and

(b) to any member of a defined benefit scheme whose service in relevant employment has terminated or is about to terminate other than by reason of the winding up of the scheme and who has not acquired an entitlement to a preserved benefit (within the meaning of the Act) on request as soon as practicable and in any event within 2 months after the request is made,

(c) to any other member of a defined benefit scheme, on request, as soon as practicable and in any event within 2 months after the request is made.

(3) The information specified in paragraph 7 of Part II of the said Schedule E shall be furnished to any member of a defined contribution scheme who has not acquired an entitlement to a preserved benefit (within the meaning of the Act) as soon as practicable and in any event within 2 months after he or his employer has notified the trustees that his service in relevant employment has terminated or is about to terminate other than by reason of the winding up of the scheme.

(4) The information specified in paragraphs 8 to 12 of Part II of the said Schedule E shall be furnished as appropriate —

(a) to any member of a defined contribution scheme who has acquired an entitlement to preserved benefit (within the meaning of the Act) as soon as practicable and in any event within 2 months after he or his employer has notified the trustees that his service in relevant employment has terminated or is about to terminate, other than by reason of the winding up of the scheme, and

(b) to any member of a defined contribution scheme whose service in relevant employment has terminated or is about to terminate other than by reason of the winding up of the scheme and who has not acquired an entitlement to a preserved benefit (within the meaning of the Act) on request as soon as practicable and in any event within 2 months after the request is made,

(c) to any other member of a defined contribution scheme, on request, as soon as practicable and in any event within 2 months after the request is made,

13 Information to be made available — retirement or death of a member or beneficiary

13.

(1) Where, on or after the commencement of these Regulations, a benefit under the scheme has become payable or is about to become payable to any of the persons specified in sub-article (3) of this article, the information specified in paragraphs 1, 3 and 4 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 to that person as soon as practicable and in any event within 2 months after the benefit becomes payable provided his address is known to the trustees. 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.

(2) Where the amount of benefit payable under the scheme to a person specified in sub-article (3) of this article is or is about to be altered otherwise than in accordance with paragraph 4 of Schedule F, a statement of the amount of the revised benefit shall be furnished to him as soon as practicable and in any event within 2 months after the alteration is made including, in the case where such alteration represents an increase in benefit, a statement of the conditions (if any) subject to which the payment of that increase will continue.

(3) The persons to whom this article relates are:—

(a) the members of the scheme,

(b) the spouses of members of the scheme, and

(c) persons within the application of the scheme and qualifying for its benefits.

14 Information to be made available — wind up of scheme

14.

(1) Where a decision has been made to wind up the scheme or an event has occurred requiring the scheme to be wound up the trustees shall:—

(a) as soon as possible but in any event not later than 12 weeks after such a decision has been made or the date on which the trustees first become aware or ought reasonably to have been aware that such an event has occurred notify the Pensions Board, all persons specified in sub-article (3) of this article and any authorised trade union which represents the members concerned of the decision or event;

(b) as soon as practicable after the resources of the scheme have been ascertained furnish each person specified in sub-article (3) of this article with information relating to the rights and options (if any) available to him as regards his benefit entitlements in accordance with the rules of the scheme respecting a winding up;

(c) as soon as practicable after the resources of the scheme have been applied furnish each person specified in sub-article (3) (a) of this article with:—

(i) in the case of a defined benefit scheme such information as is specified in paragraphs 1 to 6 of Part I of Schedule E relating to the rights secured for him,

(ii) in the case of a defined contribution scheme such information as is specified in paragraphs 7 to 12 of Part II of Schedule E relating to the rights secured for him,

(iii) an explanation as to the manner in which any surplus or deficit in the resources of the scheme has been dealt with,

(iv) information as to who will be liable to pay the benefits after the scheme is wound up and the address to which enquiries should be sent concerning a person's entitlements;

(d) as soon as practicable after the resources of the scheme have been applied furnish each person specified in sub-article 3(b) with:—

(i) such information as is specified in Schedule F relating to the rights secured for him,

(ii) an explanation as to the manner in which any surplus or deficit in the resources of the scheme has been dealt with;

(iii) information as to who will be liable to pay the benefits after the scheme is wound up and the address to which enquiries should be sent concerning a person's entitlements;

(2) For the purposes of this sub-article if the trustees are not in possession of or cannot ascertain an address for the members or beneficiaries then they shall publish a notice in a national newspaper to the effect that the scheme is winding up detailing the name and address of the person to whom enquiries should be sent concerning entitlements under the scheme;

(3) The persons to whom this article relates are:—

(a) (i) the members of the scheme being in relevant employment at the date of the decision or the occurrence of the event requiring the scheme to be wound up;

and

(ii) the members of the scheme who have acquired an entitlement to a deferred benefit under the scheme at the date of the decision or the occurrence of the event requiring the scheme to be wound up which benefit had not come into payment at that date.

(b) members who are in receipt of benefits under the scheme and other persons who are in receipt of or who are entitled to receive benefits under the scheme.

15 Information to be made available — Pensions Adjustments Orders

15

(1) The information specified in paragraphs 1 to 4 of Schedule G shall be furnished to a non-member spouse or other person specified in a Pensions Adjustment Order relating to a member as soon as practicable and in any event within 2 months of notification to the trustees of the granting of a Pension Adjustment Order in relation to the member's benefits.

(2) The information specified in paragraphs 2, 5 and 6 of the said Schedule G shall be furnished to a non-member spouse on request, as soon as practicable and in any event within 2 months after the request is made.

(3) The information specified in paragraphs 2, 3, 6 and 10 of the said Schedule G shall be furnished to a non-member spouse within 2 months after the member or his employer has notified the trustees that his relevant employment has terminated.

(4) The information specified in paragraphs 2, 3, 6 and 11 of the said Schedule G shall be furnished to a non-member spouse as soon as practicable and in any event within 2 months of the member ceasing to be a member of the scheme other than by reason of death. Where the member's reckonable service has terminated and no transfer amount has been paid in accordance with sub-sections 5 of

Section 12

of the

Family Law Act, 1995

and

Section 17

of the

Family Law (Divorce) Act, 1996

, such information (other than that set out in paragraph 11) shall be furnished within 2 months after the member or his employer has notified the trustees of such termination.

(5) The information specified in paragraphs 2, 7 and 8 of the said Schedule G shall be furnished to a non-member spouse as soon as practicable and in any event within 2 months after the trustees apply the transfer amount in accordance with sub-sections 6 of the

Section 12

of the

Family Law Act, 1995

and of Section 17 of the Family Law (Divorce), Act 1996.

(6) The information specified in paragraphs 2 and 9 of the said Schedule G shall be furnished on request to a non-member spouse (or other person specified in a Pension Adjustment Order affecting the member's benefits under the scheme) as soon as practicable and in any event within 2 months after the request is made.

16 Service of information and Documents

16.

Any

(a) information or documentation which these Regulations require the trustees of a scheme to give, notify or furnish, or

(b) request for information or for a document to be given, notified or furnished in pursuance of these Regulations,

to any person (other than an authorised trade union) who is not employed in relevant employment shall (unless otherwise agreed with that person) be given, notified or furnished by ordinary post at the last address known to the trustees.

SCHEDULE A

Article 4.

CONTENTS OF ACCOUNTS