S.I. No. 592/2005 - Occupational Pension Schemes (Cross-Border) Regulations, 2005

1. The date on which authorisation was granted,

2. The name, address, telephone number, fax number, and e-mail address in the host member state of the undertaking,

3. The name, address, telephone number, fax number, and e-mail address of the trustees of the scheme,

4. The Pension Board registration number,

5. The representative or branch address, telephone number fax number, and e-mail address of the scheme in the host Member State, if applicable,

6. A list of the Member States in which the scheme is currently operating,

7. A copy of the scheme rules,

8. A description of the type of scheme to be offered to the undertaking,

9. A description of the categories of benefits to be provided under the scheme,

10. A description of the conditions for payment of benefits under the scheme,

11. A description of any guarantees offered under the scheme and who provides such guarantees,

12. A description of any additional coverage offered and who provides such additional coverage,

13. A description of the types of contributions paid by the undertaking and by the members, and

14. A statement by the trustees that they continue to satisfy the requirements of section 149 of the Act.

15. The most recent actuarial funding certificate for the scheme (where applicable).

16. A statement by the trustees of the estimated number of persons who are likely to become active members of the scheme if approval of the undertaking is granted by the Pensions Board.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Under the terms of Article 20 of Directive 2003/41/EC on the activities and supervision of ocupational pensions employers based in Ireland must be allowed to make contributions to pension institutions based in other European States and equally occupational pension schemes registered in Ireland must be allowed to accept contributions from employers located in other European States.

Section 37

of the

Social Welfare and Pensions Act 2005

inserted a new Part XII into the Pensions Act to deal with such cross border schemes. Part XII deals with conditions for prior authorisation to operate as a cross border scheme and the conditions for approval to accept contributions when authorised to operate as a cross border scheme.

These regulations provide for—

— the member protection provisions of the Pensions Act to be applied to Irish-based members of overseas schemes. The main elements of social and labour law are preservation requirements and the jurisdiction of the Pensions Ombudsman.

— the information required when an application for authorisation to operate cross-border is submitted to the Board.

— additional conditions of authorisation.

— the information required to be submitted to the Pensions Board once a scheme proposes to accept contributions from a foreign employer.

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O.J. No. L235, 23.9.2003, p.10.

S.I. No. 592 of 2005

.

OCCUPATIONAL PENSION SCHEMES (CROSS-BORDER) REGULATIONS, 2005.

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by

section 3

of the

European Communities Act 1972

(No. 27 of 1972) and for the purpose of giving effect to Council Directive 2003/41/EC of 3 June 2003

1

hereby makes the following Regulations

Citation and commencement

.