S.I. No. 682/2005 - Protection of Employees (Employers' Insolvency) (Forms and Procedure) Regulations 2005

1. Part 1 of this form and the Schedule should be completed by a trustee, administrator or other person competent to act on behalf of the occupational pension scheme or PRSA provider, as appropriate.

2. Part 2 of this form should be completed by the Relevant Officer (liquidator, receiver, etc.). A breakdown of the unpaid contributions in respect of the 12 months prior to the date of insolvency should be attached.

3. Where a claim is being made for unpaid contributions payable on an employer's own account, an actuarial certificate, Form EIP7, should be obtained by the Relevant Officer and attached to the claim.

4. Details of the occupational pension scheme (e.g., a Trust Deed, Deed of Adherence) or PRSA should accompany this application if not already forwarded.

5. The date of insolvency for the purpose of payments under the Insolvency Payments Scheme is defined in Section 4 of the Protection of Employees (Employers' Insolvency) Acts 1984-2004.

Insolvency Payments Section

Department of Enterprise, Trade and Employment

Davitt House

65a Adelaide Road

Dublin 2

Tel

Fax

Lo-call

Web

(01) 6312121

(01) 6313217

1890 220 222

www.entemp.ie

LEGAL PROCEEDINGS MAY BE TAKEN AGAINST ANYONE MAKING A FALSE STATEMENT ON THIS FORM

Part 5

FORM EIP7

An Roinn Fiontar, Trádála agus Fostaíochta

Department of Enterprise, Trade and Employment

INSOLVENCY PAYMENTS SCHEME

PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACTS 1984-2004

OCCUPATIONAL PENSION SCHEME ACTUARIAL CERTIFICATE

GIVEN under my hand,

2

nd

November, 2005,

_____________________

Tony Killeen

Minister of State at the

Department of Enterprise,

Trade and Employment

Explanatory Note

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

The purpose of these Regulations is to prescribe revised forms and certificates to be used in relation to claims under Section 6 and

Section 7

of the

Protection of Employees (Employers' Insolvency) Act 1984

.

Copies of these Regulations may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2, or through any bookseller.

6. Deductions for union dues, medical insurance (e.g., VHI, BUPA), etc. which were made from gross wages and not paid to the appropriate body should be inserted in Part 4.

7. In the case of sick pay, payment will not exceed the difference between any social welfare benefit payable and gross weekly pay.

PLEASE NOTE THAT FAILURE TO COMPLETE THE FORM FULLY MAY RESULT IN DELAY IN MAKING A PAYMENT.

Insolvency Payments Section

Department of Enterprise, Trade and Employment

Davitt House

65a Adelaide Road

Dublin 2

Phone

Fax

Lo-call

Web

(01) 6312121

(01) 6313217

1890 220 222

www.entemp.ie

Part 2

FORM EIP3

An Roinn Fiontar, Trádála agus Fostaíochta

Department of Enterprise, Trade and Employment

INSOLVENCY PAYMENTS SCHEME

PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACTS 1984-2004

APPLICATION BY A RELEVANT OFFICER FOR FUNDS IN RESPECT OF EMPLOYEE CLAIMS

• Arrears of Wages • Holiday Pay • Sick Pay • Minimum Notice Entitlements/Awards • Unfair Dismissals Act 1997 • Common Law in respect of Unfair or Wrongful Dismissal • Employment Equality Act 1998 • National Minimum Wage Act 2000 • Maternity Protection Act 1994 • Adoptive Leave Act 1995 • Parental Leave Act 1998 • Payment of Wages Act 1991 • Terms of Employment (Information) Act 1994 • Protection of Young Persons (Employment) Act 1996 • Organisation of Working Time Act 1997 • Protections for Persons Reporting Child Abuse Act 1998 • European Communities (Protection of Employment Regulations 2000 • Protection of Employees (Part-Time Work) Act 2001 • Competition Act 2002 • Protection of Employees (Fixed-Time Work) Act 2003 • European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 • Industrial Relations Acts 1946, 1969 and 1990 (Registered Employment Agreements or Employment Regulation Orders) • Industrial Relations (Miscellaneous Provisions) Act 2004 (concerning victimisation awards).

FORM EIP3: GUIDANCE NOTES

S.I. No. 682 of 2005

REGULATIONS

entitled

Protection of Employees (Employers' Insolvency) (Forms and Procedure) Regulations 2005

I, Tony Killeen, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 6, 7 and 16 of the

Protection of Employees (Employers' Insolvency) Act 1984

(No. 21 of 1984) and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (

S.I. No. 18 of 1993

) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (

S.I. No. 305 of 1997

)) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2004 (

S.I. No. 809 of 2004

), hereby make the following regulations