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| Introductory Text |
| Acts Referred to |
| Part I Preliminary and General (ss. 1-7A) |
In force | 1. Short title and commencement. |
In force | 2. Interpretation. |
In force | 3. Offences. |
In force | 3A. Notice by Board of intention to prosecute. |
In force | 3B. Prosecutions. |
In force | 3C. Admissibility of certain documents in proceedings for an offence. |
In force | 3D. Presumptions in proceedings for an offence. |
In force | 4. Exchange of information. |
In force | 5. Regulations generally. |
In force | 5A. Regulations. |
In force | 5B. External schemes. |
In force | 6. Laying of regulations before Houses of Oireachtas. |
In force | 7. Expenses. |
In force | 7A. Professional Guidance of the Society of Actuaries in Ireland. |
| Part II Establishment of Pensions Board (ss. 8-26B) |
In force | 8. Establishment day. |
In force | 9. Establishment of Board. |
In force | 9A. Change of name of Pensions Board and chief executive |
In force | 10. Functions of Board. |
In force | 11. Conferral of additional functions on Board. |
In force | 12. Consultants and advisers. |
In force | 13. Gifts. |
In force | 14. Committees of Board. |
In force | 15. Chief executive. |
In force | 16. Staff of Board. |
In force | 17. Superannuation of staff of Board. |
In force | 18. Authorised persons. |
In force | 19. Membership of either House of Oireachtas or of European Parliament by members or staff of Board. |
In force | 20. Advances by Minister to Board. |
In force | 20A. Borrowing by Board. |
In force | 21. Disclosure by member of Board of interest in proposed contract. |
In force | 22. Accounts and audits of Board. |
In force | 22A. Attendance before Committee of Public Accounts. |
In force | 23. Reports and information to Minister. |
In force | 24. Disclosure of information. |
In force | 25. Fees payable to Board. |
In force | 26. Provision in relation to determinations by Board under sections 38, 53, 58, and 75. |
In force | 26A. Indemnity. |
In force | 26B. Pensions Council. |
| Part IIA Prudential supervision (ss. 26C-26AB) |
| Chapter 1 General (ss. 26C-26E) |
In force | 26C. Interpretation for Part. |
In force | 26D. Conflict between Part and schemes or trust RAC. |
In force | 26E. Service of documents for purpose of Part. |
| Chapter 2 Prudential supervision (ss. 26F-26I) |
In force | 26F. Objective of prudential supervision. |
In force | 26G. Scope of prudential supervision. |
In force | 26H. General principles of prudential supervision. |
In force | 26I. Prudential supervision: functions relating to powers of intervention and duties of Pensions Authority. |
| Chapter 3 Supervisory review process (ss. 26J-26L) |
In force | 26J. Supervisory review process. |
In force | 26K. Monitoring tools for financial condition of scheme or trust RAC. |
In force | 26L. Stress-test. |
| Chapter 4 Advisory Notice and External Report (ss. 26M-26S) |
In force | 26M. Advisory Notice. |
In force | 26N. Notice to trustees to provide External Report. |
In force | 26O. External Report reviewer. |
In force | 26P. Contract with External Report reviewer. |
In force | 26Q .Completion of External Report. |
In force | 26R. External Report: supplemental provisions. |
In force | 26S. Pensions Authority not bound by External Report nor liable for it. |
| Chapter 5 Part VIB compliance statement (ss. 26T-26U) |
In force | 26T. Part VIB compliance statement. |
In force | 26U. Section 26T: supplemental and transitional provisions. |
| Chapter 6 Information to be provided to Pensions Authority (ss. 26V-26W) |
In force | 26V. Information to be provided to Pensions Authority. |
In force | 26W. Transparency and accountability. |
| Chapter 7 Professional secrecy and exchange, and transmission, of information (ss. 26X-26AB) |
In force | 26X. Professional secrecy and use, and exchange, of confidential information. |
In force | 26Y. Transmission, by Pensions Authority, of information to Central Bank, and other persons. |
In force | 26Z. Disclosure of information to certain persons: financial requirements. |
In force | 26AA. Conditions for exchange of information. |
In force | 26AB. Provision of information, etc. to EIOPA. |
| Part III Preservation of Benefits (ss. 27-39A) |
In force | 27. Interpretation (Part III). |
In force | 28. Entitlement to preserved benefit. |
In force | 29. Preserved benefit - defined benefit scheme. |
In force | 30. Preserved benefit - defined contribution scheme. |
In force | 31. Payment of preserved benefit. |
In force | 32. Non-entitlement to refund of contributions. |
In force | 32A. Entitlement to refund of contributions where no entitlement to preserved benefit |
In force | 33. Revaluation of preserved benefit. |
In force | 34. Entitlement to transfer payment. |
In force | 35. Power of trustees to effect transfer payment. |
In force | 35A. Minimum Value of Contributory Retirement Benefit. |
In force | 36. Provisions of schemes relating to forfeiture and lien to be disregarded. |
In force | 37. Exclusion from and modification of Part III and Second Schedule. |
In force | 38. Conflict between Part III and schemes. |
In force | 39. Schemes may provide higher benefits. |
In force | 39A. Waiting period |
| Part IV Funding Standard (ss. 40-53) |
In force | 40. Interpretation (Part IV). |
In force | 41. Application. |
In force | 42. Actuarial funding certificate. |
In force | 43. Effective dates for actuarial funding certificates. |
In force | 44. Provisions relating to funding standard. |
In force | 45. Provisions relating to schemes commencing before 1 June 2002. |
In force | 46. Matters to which actuary is to have regard. |
In force | 47. Limitations on calculation of resources of relevant scheme. |
In force | 48. Priorities on winding up of relevant scheme. |
In force | 48A. Payment of certain amounts by Minister for Finance where resources of relevant scheme are not sufficient to discharge liabilities in respect of benefits referred to in section 48(1D). |
In force | 48B. Payment of moneys by Minister for Finance in respect of liabilities accruing under certain relevant schemes |
In force | 49. Funding proposal. |
In force | 50. Direction by Board to trustees. |
In force | 50A. Power to amend relevant scheme. |
In force | 50B. Direction by Board to trustees to wind up scheme. |
In force | 50C. Application to High Court |
In force | 51. Qualification for appointment as actuary of scheme. |
In force | 51A. Review of actuarial work. |
In force | 52. Exclusion from and modification of Part IV and Third Schedule. |
In force | 53. Conflict between Part IV and schemes. |
| Part IVA Certification of Certain Policies or Contracts of Assurance (ss. 53A-53D) |
In force | 53A. Definition. |
In force | 53B. Certification of certain policies or contracts of assurance. |
In force | 53C. Register of policies or contracts of assurance certified under section 53B. |
Repealed | 53D. Existing Policies or Contracts of Assurance. |
| Part IVB Regulatory Own Funds Schemes (ss. 53E-53N) |
In force | 53E. Interpretation. |
In force | 53F. Application. |
In force | 53G. Regulatory own funds trust RAC technical provisions certificate. |
In force | 53H. Requirement to hold additional resources. |
In force | 53I. Amount of regulatory own funds requirement. |
In force | 53J. Certification of regulatory own funds requirement. |
In force | 53K. Notification of regulatory own funds status. |
In force | 53L. Failure to satisfy funding standard, technical provisions requirement or regulatory own funds requirement. |
In force | 53M. Supervisory regulatory own funds certificate. |
In force | 53N. De facto regulatory own funds scheme or regulatory own funds trust RAC. |
| Part V Disclosure of Information in relation to Schemes and Trust RACs and Remittance of Contributions by Employers (ss. 54-58A) |
In force | 54. Disclosure of information in relation to schemes. |
In force | 54A. Provision of information by trustees of scheme or trust RAC in respect of certain stress-tests |
In force | 54B. Provision of information generally by trustees of scheme or trust RAC |
In force | 55. Annual reports. |
In force | 56. Audited accounts and actuarial valuations. |
Not yet in force | ⚠ 56A. Indexation of pensions when in payment. |
In force | 57. Modification of Part V. |
In force | 58. Conflict between Part V and schemes. |
In force | 58A. Obligation of employer to remit contributions under scheme. |
| Part VI Trustees of Schemes (ss. 59-64A) |
In force | 59. General duties of trustees of schemes. |
In force | 59A. Qualifications of trustees. |
In force | 59AA. Trustee training. |
In force | 59AB. Investment rules |
In force | 59B. Reduction of benefit. |
In force | 59C. Increases to pensions in payment. |
In force | 59D. Duties of trustees on winding-up of scheme. |
In force | 59E. Duties of trustees in connection with bulk transfer. |
In force | 59F. Invalidity of amendments to scheme rules and of exercises of discretion in certain circumstances. |
In force | 59G. Trustee consent for early retirement. |
In force | 59H. Power to amend scheme rules in certain circumstances |
In force | 60. Duty to register scheme. |
In force | 61. Restriction of Perpetual Funds (Registration) Act, 1993. |
In force | 61A. Rule against perpetuities. |
In force | 61B. Restriction on borrowing. |
In force | 62. Selection by members of funded schemes of persons for appointment as trustees. |
In force | 63. Appointment and removal of trustees by High Court. |
In force | 63A. Suspension of trustees. |
In force | 63B. Offence. |
In force | 64. Appointment and removal of trustees by Board. |
In force | 64A. Conflict between Part VI and schemes. |
| Part VIA Registered Administrators (ss. 64B-64P) |
In force | 64B. Interpretation (Part VIA). |
In force | 64C. Register of Administrators. |
In force | 64D. Registration. |
In force | 64E. Renewal of registration. |
In force | 64F. Disqualifications. |
In force | 64G. Duties of registered administrators. |
In force | 64H. Termination of registration. |
In force | 64I. Appeals. |
In force | 64J. Offences. |
In force | 64K. Address for service. |
In force | 64L. Publication of termination, non-renewal or restriction. |
In force | 64M. Effect of registration or renewal. |
In force | 64N. Effect of termination or non-renewal. |
In force | 64O. Obligations of registered administrator following notification from Board. |
Not yet in force | ⚠ 64P. Services of registered administrator and sale of other products. |
| Part VIB Conditions governing activities (ss. 64AA-64AU) |
| General (s. 64AA) |
In force | 64AA. Interpretation for Part |
| System of governance: general provisions (ss. 64AB-64AK) |
In force | 64AB. General governance requirements |
In force | 64AC. Governance: requirements in respect of number of trustees |
In force | 64AD. Requirements for fit and proper management: key function holder and persons to whom key function outsourced |
In force | 64AE. Requirements for fit and proper management: requirements in respect of good repute and integrity for appointment as trustee, key function holder; and for person to whom key function outsourced |
In force | 64AF. Section 64AE: supplementary provisions relating to evidence of compliance with proper requirements |
In force | 64AG. Remuneration Policy |
| System of governance: key functions (ss. 64AH-64AK) |
In force | 64AH. Key functions: general provisions |
In force | 64AI. Key function: risk management function |
In force | 64AJ. Internal Audit function |
In force | 64AK. Key function: actuarial function for regulatory own funds scheme and regulatory own funds trust RAC |
| Governance requirements: documents concerning governance (s. 64AL) |
In force | 64AL. Own-risk assessment |
| Chapter 2 Outsourcing and investment management (ss. 64AM-64AO) |
In force | 64AM. Outsourcing |
In force | 64AN. Request by Pensions Authority in relation to section 64AM arrangement |
In force | 64AO. Investment management |
| Chapter 3 Depositary (ss. 64AP-64AU) |
In force | 64AP. Appointment of depositary |
In force | 64AQ. Depositary: safekeeping of assets and depositary liability |
In force | 64AR. Depositary: oversight duties |
In force | 64AS. Certain requirements where no depositary appointed by trustees of scheme or trust RAC |
In force | 64AT. Conflict between Part and scheme or trust RAC |
In force | 64AU. Application of Part to one-member arrangement: transitional provisions |
| Part VII Equal Pension Treatment in Occupational Benefit Schemes (ss. 65-81J) |
In force | 65. Interpretation (Part VII). |
In force | 66. Discriminatory grounds for the purposes of this Part. |
In force | 67. Categories of persons to whom this Part applies. |
In force | 68. Indirect discrimination for the purposes of this Part. |
In force | 69. Obligation to comply with the principle of equal pension treatment. |
In force | 70. Principle of equal pension treatment. |
Deleted | 70A. Benefits granted under a scheme at discretion of its management body. |
In force | 71. Savings in relation to the gender ground. |
In force | 72. Savings in relation to the age, family and civil status grounds. |
In force | 73. Special provisions relating to the disability ground. |
In force | 74. Procuring, etc. discrimination or victimisation is an offence. |
Deleted | 74A. Equal treatment: contract of employment. |
In force | 75. Compliance with statutory requirements, etc. |
In force | 76. Burden of proof. |
In force | 77. Exclusion of discrimination on particular grounds in certain employments. |
In force | 78. Equal pension treatment and access. |
In force | 79. Benefits granted under a scheme at discretion of its management body. |
In force | 80. Non-compliance, compulsory levelling-up - gender. |
In force | 81. Non-compliance, compulsory levelling-up - grounds other than the gender ground. |
In force | 81A. Maternity provisions. |
In force | 81B. Family leave provisions. |
In force | 81C. Principle of equal pension treatment and collective agreements, etc. |
In force | 81D. Principle of equal pension treatment and contracts of employment. |
In force | 81E. The forum for seeking redress. |
In force | 81F. The forum for seeking redress - supplemental provisions. |
In force | 81G. Disputes as to whether a scheme is defined benefit or defined contribution. |
In force | 81H. Redress which may be ordered. |
In force | 81I. Reports to the Director General of the Workplace Relations Commission. |
In force | 81J. Application of Employment Equality Act 1998. |
| Part VIIA Matters relating to satisfaction by certain members or certain persons of certain requirements relating to age at marriage or civil partnership (ss. 81K-81N) |
In force | 81K. Interpretation |
In force | 81L. Satisfaction of certain requirements relating to marriage or civil partnership in certain circumstances |
In force | 81M. Contributions required for benefits referred to in section 81L(1)(a) |
In force | 81N. Enforcement of entitlement of beneficiary |
| Part VIII Compulsory and Voluntary Reporting to the Board (ss. 82-85) |
In force | 82. Definition (Part VIII). |
In force | 83. Obligation to disclose misappropriation, etc., of resources of schemes to Board. |
In force | 84. Protection of person making report to Board. |
In force | 85. Privilege for Board publishing reports made to it under section 83, etc. |
| Part IX Miscellaneous Applications to the High Court (ss. 86-90) |
In force | 86. Definition. |
In force | 87. Court may order employer to pay arrears of contributions. |
In force | 88. Court may order restoration of resources of scheme or trust RAC. |
In force | 89. Court may order disposal of investment. |
In force | 90. Injunctions. |
| Part X Personal Retirement Savings Accounts (ss. 91-125) |
In force | 91. Interpretation (Part X). |
In force | 92. Application required for approval of PRSA product. |
In force | 93. Procedures for the granting of approval of PRSA products. |
In force | 94. Grant of approval of a PRSA product and code of conduct. |
In force | 95. Misleading statements. |
In force | 96. Application requirements. |
In force | 97. Suspension and withdrawal of approval of a PRSA product. |
In force | 98. Ownership of assets. |
In force | 99. Reporting obligations of PRSA providers. |
In force | 100. Unapproved PRSA products. |
In force | 101. PRSA products: supplemental provisions. |
In force | 102. Personal Retirement Savings Account product and Review of Coverage. |
In force | 103. Investment. |
In force | 104. Charges. |
In force | 105. Suspension or variation of contributions. |
In force | 106. Contributions. |
In force | 107. Security of contributions. |
In force | 108. Transfers between PRSA providers. |
In force | 109. Payment of PRSA assets to contributor. |
In force | 110. Marketing and sale of PRSAs. |
In force | 111. Preliminary disclosure certificate. |
In force | 112. Obligation to furnish Statements of Reasonable Projection. |
In force | 113. Disclosure before transfer from a scheme to a PRSA. |
In force | 114. General disclosure obligations. |
In force | 115. Power of Minister to prescribe information to be disclosed. |
In force | 116. Statement of Reasonable Projection. |
In force | 117. Functions of Board in relation to PRSAs. |
In force | 118. Functions of the auditor. |
In force | 119. Functions of the PRSA actuary. |
In force | 120. Functions of the administrator. |
In force | 121. Obligation of employer to provide access and to pay and to remit contributions. |
Not yet in force | ⚠ 122. Replacement of buy-out bonds. |
In force | 123. Additional voluntary contribution arrangements. |
In force | 124. Transfers to defined benefit schemes and defined contribution schemes. |
In force | 125. Retirement annuity contracts and defined contribution schemes. |
| Part XI Pensions Ombudsman (ss. 126-147) |
Revoked | 126. Interpretation (Part XI). |
Revoked | 127. Establishment of Pensions Ombudsman. |
Revoked | 128. Appointment of Pensions Ombudsman. |
Revoked | 129. Term of office of Pensions Ombudsman. |
Revoked | 130. Salary and superannuation. |
Revoked | 131. Functions of Pensions Ombudsman. |
Revoked | 132. Procedures for internal resolution of disputes. |
Revoked | 133. Consultants and advisers. |
Revoked | 134. Exchange of information. |
Revoked | 135. Death or disability of actual or potential beneficiary. |
Revoked | 136. Staying court proceedings where a complaint is made or a dispute referred. |
Revoked | 137. Powers of Pensions Ombudsman in respect of investigations. |
Revoked | 138. Conduct of investigations. |
Revoked | 139. Determinations of Pensions Ombudsman. |
Revoked | 140. Appeal to High Court from determinations of Pensions Ombudsman. |
Revoked | 141. Enforcement of determinations of Pensions Ombudsman. |
Revoked | 142. Notices. |
Revoked | 143. Accounts and audits of Pensions Ombudsman. |
Revoked | 143A. Attendance before Committee of Public Accounts. |
Revoked | 144. Reports and information to Minister. |
Revoked | 145. Disclosure of Information. |
Revoked | 146. Staff of Pensions Ombudsman. |
Revoked | 147. Expenses of Pensions Ombudsman. |
| Part XII Cross-border Schemes (ss. 148-154) |
In force | 148. Interpretation (Part XII). |
In force | 148A. Service of documents for purpose of Part |
In force | 149. Authorisation to operate cross-border schemes. |
In force | 150. Revocation of authorisation. |
In force | 151. Approval to accept contributions. |
In force | 151A. Transfer from IORP in another Member State to receiving scheme or trust RAC. |
In force | 151B. Transfers from scheme or trust RAC to IORP in another Member State. |
In force | 152. Miscellaneous provisions relating to monitoring and enforcement. |
In force | 153. Functions of the Board in relation to institutions in another Member State. |
In force | 154. Application of this Act to members in another Member State. |
| Part XIII Co-operation by Pensions Authority (ss. 155-156) |
In force | 155. Interpretation. |
In force | 156. Co-operation generally. |
In force | First Schedule An Bord Pinsean - The Pensions Board |
In force | Second Schedule Preservation and Revaluation of Benefits and Minimum Value of Contributory Retirement Benefit |
In force | Third Schedule Funding Standard - Benefits |
In force | Fourth Schedule Application of Employment Equality Act 1998 |