ISB SI

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

20

th June

, 2014.

The Minister for Social Protection with the consent of the Minister for Public Expenditure and Reform, in exercise of the powers conferred on her by

sections 5

and

52

of the

Pensions Act 1990

(No. 25 of 1990), hereby makes the following Regulations

Citation

and construction

1.(1) These Regulations may be cited as the Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014.

(2) These Regulations and the Occupational Pension Schemes (Funding Standard) Regulations 1993 to 2013 shall be construed together as one and may be cited as the Occupational Pension Schemes (Funding Standard) Regulations 1993 to 2014.

Amendment to regulations

2.The Occupational Pension Schemes (Funding Standard) Regulations, (

S.I. No. 419 of 1993

): as amended by article 4 of the Occupational Pension Schemes (Funding Standard) (Amendment) Regulations No. 135 of 2013 are amended by substituting the following for Schedule C

“SCHEDULE C

Article 6.

Schemes excluded from the provisions of Part IV of the Act

PART I

Agency for Personal Service Overseas Staff Superannuation (No.2) Scheme 1996

Agricultural Colleges Staff Superannuation Scheme 1985

An Bord Bia Superannuation Scheme 1999

An Chomhairle Ealaíon Staff Superannuation (Amendment) Scheme 2009

An tUdarás um Ard-Oideachas (Higher Education Authority) Staff Superannuation Scheme 1980

Bord Iascaigh Mhara Craft and Manual Employees Superannuation Scheme

Bord Iascaigh Mhara Staff Superannuation Scheme 1990

Bord na gCapall Superannuation Scheme 1980

Bord Scannán na hÉireann Superannuation Scheme

Superannuation Provisions listed in Schedule to S.I. No. 525/2009 - Financial Measures (Miscellaneous Provisions) Act 2009 (Fáilte Ireland Contributory Pension and Death Benefits Scheme Fund (formerly known as CERT)) Transfer Order 2009

Chester Beatty Library Staff Superannuation Scheme 1995

Civil Service (Established Staff) Superannuation Acts, 1834 to 1963 and Superannuation and Pensions Act 1976

Civil Service (Unestablished Staff) — Non-Contributory Pension Scheme for Non-Established State Employees

Coillte Teo No.2 Fund

Colleges of Education Pension Scheme 1954

Colleges of Education Pension Scheme 1988

Combat Poverty Agency Superannuation Scheme 1997

Commission for Taxi Regulation

Competition Authority (Chairman and Members’) Superannuation Scheme 1996

Contributory Pension Scheme for Clerical Staff serving in National and Secondary Schools

Contributory Pension Scheme for Non-Teaching Staff of Comprehensive and Community Schools

Contributory Superannuation Scheme for Members of Staff in Special Schemes under the Department of Education 1980. (Now under the aegis of the Department of Justice Equality and Law Reform)

Crafts Council of Ireland Limited Staff Superannuation Scheme 1986

Crisis Pregnancy Agency Employee Superannuation Scheme 2007

Custom House Docks Development Authority Chairman’s Superannuation Scheme 1990

Custom House Docks Development Authority Superannuation Scheme 1996

Data Protection Commissioner Superannuation Scheme 1993

Dublin Institute for Advanced Studies Scheme 1947, as amended

Dublin Institute for Advanced Studies Non-Established Employees Scheme 1983

Education Sector Superannuation Scheme 2001

Eircom No.2 Pension Fund

Environmental Research Unit Staff Superannuation Scheme 1993

Eolas — The Irish Science and Technology Agency Staff Superannuation (Amendment) No.1 Scheme 1994

Eolas — The Irish Science and Technology Agency Staff Superannuation (Amendment) No.2 Scheme 1994

FÁS Superannuation (Amendment) Scheme 2000 in respect of the Director General Dr John Lynch

An Foras Aiseanna Saothair (Closed) Superannuation Scheme 1998

FÁS Superannuation Scheme 1998

Food Safety Authority of Ireland Staff Superannuation Scheme 2000

Foyle Area Pension Amendment Scheme

Health and Social Care Professionals Council Superannuation Scheme

Industrial Development Authority Staff Superannuation Scheme 1970

Institiúid Teangeolaiochta Éireann Staff Superannuation Scheme 1986

Irish Lights Pension Scheme

Irish Museum of Modern Art Superannuation Scheme

Irish Sports Council Superannuation Scheme

Labour Court (Members) Superannuation Scheme 1971 — 1998

Labour Relations Commission Main Superannuation Scheme 1991 for the Chief Executive

Law Reform Commission Superannuation Scheme 1982

Lay Land Commissioners Superannuation Scheme 1979

Legal Aid Board Staff Superannuation Scheme 1981

Marine Institute Staff Superannuation Scheme 1998

Moorepark Technology Limited Superannuation Scheme

National College of Art and Design Staff Superannuation Scheme 1984

National Concert Hall Company Staff Superannuation Scheme 1987

National Council for Education Awards Staff Superannuation Scheme 1985

National Institute for Physical Planning and Construction Research Limited (An Foras Forbartha Teoranta) Superannuation Scheme 1975

National Library of Ireland

National Milk Agency Staff Superannuation Scheme 1997

National Museum of Ireland

National Roads Authority Superannuation Scheme

National Safety Council Staff Superannuation Scheme 1991

National Standards Authority of Ireland Superannuation Scheme 1996

National Treasury Management Agency Pension Scheme

National University of Ireland Maynooth (Closed) Pension Scheme 2009

National University of Ireland (Closed) Pension Scheme 2010

New model Scheme, on Pay As You Go basis, for Stewart's Hospital in respect of new entrants with effect from 1 January 2007

NIHE Dublin Superannuation Scheme 1985

NIHE Limerick Superannuation Scheme 1982

Nominated Health Agencies Superannuation Scheme 1981 and 1985

North/South Pension Scheme

Nuclear Energy Board (An Bord Fuinnimh Nuicleigh) Staff Superannuation Scheme 1985

Ombudsman Superannuation Scheme 1987

Pension Scheme for the Staff of Colleges of Home Economics 1987

Pension Scheme for the Directors/Deputy Directors in Special Schools under the Department of Education and Science (Now under the aegis of the Department of Justice, Equality and Law Reform)

Primary School Teachers Pension Scheme 2009

Superannuation Provisions listed in Schedule to S.I. No. 524/2009 - Financial Measures (Miscellaneous Provisions) Act 2009 (Regional Tourism Pension Scheme Fund) Transfer Order 2009

Restrictive Practices Commission (Members) Superannuation Scheme 1981-1986

Road Safety Authority

Salmon Research Agency Pension Scheme

Scéim Aoisliúntas Fhoireann Bhord na Gaeilge 1982

Scéim Aoisliúntas Fhoireann Udarás na Gaeltachta 1991

Secondary, Community and Comprehensive School Teachers Pension Scheme 2009

Shannon Free Airport Development Company Limited (General Employees) Superannuation Scheme 1966

St Laurence’s Hospital Superannuation Scheme 1945

Superannuation (Education) Scheme 2004

Superannuation Scheme for officers employed under the scheme for the provision of (Oireachtas) secretarial assistance

Teagasc Staff Superannuation Scheme

Temple Bar Properties Limited Staff Superannuation Scheme 1999

The Central and Regional Fisheries Boards’ Staff Superannuation Scheme 1983

Pension and Superannuation Provisions listed in Schedule to S.I. 285/2010 - Financial Measures (Miscellaneous Provisions) Act 2009 (The Economic and Social Research Institute) Transfer Order 2010

Pension Scheme for Staff employed in the National Centre for Technology in Education (NCTE) 2010

Superannuation Provisions listed in Schedule to S.I. 284/2010 - Financial Measures (Miscellaneous Provisions) Act 2009 (Institute of Public Administration) Transfer Order 2010

Superannuation Provisions listed in Schedule to S.I. 530/2009 - Financial Measures (Miscellaneous Provisions) Act 2009 (Irish Goods Council Pension Fund) Transfer Order 2009

The Pensions Board Staff Superannuation Scheme 1993

The Royal Irish Academy Staff Scheme 1997

Thomond College of Education Limerick Superannuation Scheme 1984

Tourist Traffic Act 1952 (General Employees) Consolidating and Amending Superannuation Scheme 1992 [Bord Fáilte]

University of Dublin Trinity College (Closed) Pensions Scheme 2009

The superannuation provisions listed in Schedule to S.I. 124/2010 - Financial Measures (Miscellaneous Provisions) Act 2009 (University College Cork - National University of Ireland, Cork) Transfer Order 2010

University College Dublin National University of Ireland, Dublin (Closed) Pension Scheme 2010

National University of Ireland, Galway Ollscoil na hÉireann, Gallimh (Closed) Pensions Scheme 2010

Vocational Teachers’ Superannuation Scheme 1998

Voluntary Hospitals (Officers) Superannuation Scheme 1969 (as amended in 1977 and 1995)

Voluntary Hospitals (Non-Officers) Superannuation Scheme 1985 (as amended in 1995)

Any defined benefit scheme established under article 7(8) of the Affordable Homes Partnership (Establishment) Order 2005

Any defined benefit scheme established, or continuing, under paragraph 3 of the Second Schedule of the

Industrial Development Act 1993

(as amended under

ISection 39

(3) of Part IV of the

Industrial Development (Enterprise Ireland) Act 1998

)

Any defined benefit scheme established under sections 4 and 5 of schedule 7 of the

Central Bank Act 1942

as inserted by the

Central Bank and Financial Services Authority of Ireland Act 2004

Any defined benefit scheme established under

section 4

of the

European Assembly (Irish Representatives) Act 1979

Any defined benefit scheme established under section 5 of the Ombudsman for Children's Act 2002

Any defined benefit scheme established under section 6 of the second schedule of the

Official Languages Act 2003

Any defined benefit scheme under section 6A of the Oireachtas (Allowance to Members) Act 1938 (as inserted by section 5 of the Oireachtas (Allowance to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1960

Any defined benefit scheme established under

section 9

(1)(

a

) of the

Local Government (Planning and Development) Act 1983

or

section 119

of the

Planning and Development Act 2000

Any defined benefit scheme established under

section 11

of the

Local Government (Planning and Development) Act 1976

(No.20 of 1976) or

section 121

of the

Planning and Development Act 2000

Any defined benefit scheme established under section 11 of the Schedule to the

Radio and Television Act 1988

Any Defined Benefit Scheme established under section 12 of the Private Security Services Act, 2004

Any defined benefit scheme established under

section 13

of the

Radiological Protection Act 1991

Any defined benefit scheme established under

section 17

of the

Sustainable Energy Act 2002

Any defined benefit scheme established under

section 14

of the

Teaching Council Act 2001

Any defined benefit scheme established under

section 15

of the

Comhairle Act 2000

Any defined benefit scheme established under

section 17

of the

Ordnance Survey Ireland Act 2001

Any defined benefit scheme established under

section 17

of the

Family Support Agency Act 2001

Any defined benefit scheme established under section 20 of the Companies (Auditing and Accounting) Act, 2003

Any defined benefit scheme established under

section 20

of the

Heritage Act 1995

Any defined benefit scheme established under section 20 or

section 38

of the

Industrial Development (Enterprise Ireland) Act 1998

Any defined benefit scheme established under

section 20

of the

Human Rights Commission Act 2000

Any defined benefit scheme established under

section 21

of the

Digital Hub Development Agency Act 2003

Any defined benefit scheme established under section 21 of the Industrial Development (Science Foundation Ireland) Act, 2003

Any defined benefit scheme established under

section 23

of the

Health Act 2004

Any defined benefit scheme established under

section 25

of the

Grangegorman Development Agency Act 2005

Any defined benefit scheme established under section 25(7) of, and the fifth schedule to the

Universities Act 1997

Any defined benefit scheme made under

section 27

of the

Health Act 2007

Any defined benefit scheme established under section 28 of the Health Insurance Authority Act 1994

Any defined benefit scheme established under

section 28

of the

National Disability Authority Act 1999

Any defined benefit scheme established under

section 29

of the

Western Development Commission Act 1998

Any defined benefit scheme established under

section 32

of the

Public Health (Tobacco) Act 2002

Any defined benefit scheme established under

section 33

of the

Environmental Protection Agency Act 1992

Any defined benefit scheme established under

section 34

of the

Environmental Protection Agency Act 1992

Any defined benefit scheme established under

section 35

of the

Dublin Docklands Development Authority Act 1997

Any defined benefit scheme made under

section 36

of the

National Tourism Development Authority Act 2003

Any defined benefit scheme established under

section 36

of the

Consumer Protection Act 2007

Any defined benefit scheme established under

section 40

of the

Mental Health Act 2001

Any defined benefit scheme established under

section 41

of the

Education (Welfare) Act 2000

Any defined benefit scheme established under

section 44

of the

Competition Act 2002

Any defined benefit scheme established under

section 52

of the

Qualifications (Education and Training) Act 1999

Any defined benefit scheme established or continuing under

section 56

of the

Safety, Health and Welfare at Work Act 2005

Any defined benefit scheme established under

section 68

of the

Personal Injuries Assessment Board Act 2003

Any defined benefit scheme established under section 59 or

section 60

of the

Sea-Fisheries and Maritime Jurisdiction Act 2006

Any defined benefit scheme established under

section 130

of the

Pensions Act 1990

(inserted by

section 5

of the

Pensions (Amendment) Act 2002

)

Any defined benefit scheme established under section 163(1) of the

Residential Tenancies Act 2004

Any defined benefit scheme established under section 184 and

section 239

of the

Children Act 2001

Any defined benefit scheme under established and Courts Officers Acts 1926 to 2003

Any defined benefit scheme established under the Defence Forces (Pensions) Acts 1932 to 2004

Any defined benefit scheme established under the Garda Síochána Act 1924, the

Police Forces Amalgamation Act 1925

and the Garda Síochána Acts 2005 to 2007

Any defined benefit scheme or regulation made under the

Local Government (Superannuation) Act 1980

Any defined benefit scheme established under the Oireachtas (Allowance to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992

Any defined benefit scheme established under the National Treatment Purchase Fund Board(establishment) order 2004

Any defined benefit scheme established under sections 13 and 14 of the

Ministerial and Parliamentary Offices Act 1938

PART II

Schemes for the purpose of providing benefits to the spouses and children of members of any of the schemes specified in Part I in the event of the death of a member.”

GIVEN under the Official Seal of the Minister for Social Protection,

16 June 2014.

JOAN BURTON,

Minister for Social Protection.

The Minister for Public Expenditure and Reform hereby consents to the making of these Regulations.

GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

16 June 2014.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

EXPLANATORY NOTE

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

These Regulations revise the list of schemes exempt from the funding standard requirements set down in Part IV of the

Pensions Act 1990

.

The funding standard applies to defined benefit schemes and will ensure that, over a period, sufficient assets are held within the scheme to meet liabilities in the event of the scheme being wound up. Trustees of schemes are required to submit actuarial funding certificates and funding standard reserve certificates to the Pensions Board at regular intervals for the purpose of certifying whether or not the scheme satisfies the funding standard and funding standard reserve at the effective date.

Provision for exemption from the funding standard and the funding standard reserve requirements is provided for in

Section 52

of the

Pensions Act, 1990

and in EU Directive 2003/41/EC.

These regulations provide for the revision of the list of schemes specified in Schedule C of S.I. 419 of 1993 as previously revised by S.I. 135 of 2013.